Customer Terms & Conditions
Chemist 2U Australia Pty Ltd (ACN 632 961 552) (‘C2U’ or ‘we’) operates an online platform and related service that connects members with pharmacies for the purchase and delivery of a range of goods to members, including without limitation therapeutic goods pursuant to medical scripts (‘C2UService’). Schedule 8 items (“Drugs of Dependence”) cannot be ordered via C2u.
Below are our terms and conditions of use in respect of the C2U Service (‘Terms’).
Your use of the C2U Platform or the C2U Service confirms that you agree to be bound by these Terms, and that you are over the age of 18 years.
1. KEY DEFINITIONS
In these Terms:
‘C2U Mobile Applications’ means the latest iOS and/or Android version of the C2U mobile application for the Compatible Mobile Device that provides various mobile services as part of the C2U Platform.
‘C2U Platform’ means the C2U Site and the C2U Mobile Applications.
‘C2U Services’ means an online platform that connects members with pharmacies for the purchase and delivery of a range of goods to members, including without limitation therapeutic goods pursuant to medical scripts.
‘C2U Product’ means any products made available over the C2U Platform, or through C2U Services, including without limitation Pharmacy Products.
‘C2U Site’ means the C2U website located at www.chemist2u.com.au.
‘Confidential Information’ means all confidential and proprietary information of C2U, whether disclosed to you orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, business, financial, product and technical information.
‘Delivery’ means a delivery of C2U Products made in fulfilment of an Order, and pursuant to the relevant Delivery Instructions.
‘Delivery Instructions’ means instructions regarding the specific details of a Delivery requested by a User, including without limitation details such as the location, time and date at which a Delivery is requested to be made by a Member.
‘Deliverer’ means the person who delivers C2U Products to the User on behalf of the Supplier.
‘Delivery Zone’ means the geographic area within which the C2U platform allows order to be delivered. For full delivery zones see the C2U site.
‘DS Image’ means a digital image of a Script presented by a Member to C2U for Order reference purposes and in turn presented in substantially similar form by C2U to the Supplier.
‘Intellectual Property’ means intellectual property owned by a party, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including without limitation patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
‘Intellectual Property Rights’ or ‘IPRs’ means all industrial and intellectual property rights including but not limited to copyright (both present and future), Confidential Information (including know-how and trade secrets), moral rights, patents, designs and trade marks, any suis generis database protection rights and in each case whether registered or not.
‘User’ means an individual located in Australia who wishes to place an Order through the C2U Platform and C2U Service.
‘Member Account’ means a C2U account established by a User in accordance with clause 2.
‘Order’ means one or more C2U Products chosen by the user and paid for via the C2U Platform in a single transaction.
‘Pharmacy Products’ are C2U Products comprised of substances listed in Schedule 2 (“Pharmacy Medicine”), Schedule 3 (“Pharmacist Only Medicine”), and Schedule 4 (“Script Only Medicine”) of the Poisons Standard June 2019(Cth) under the Therapeutic Goods Act 1989 (Cth).
‘Script Product’ means a substance which needs a licensed health professional to assess whether the therapeutic good is appropriate and suitable for a patient and provide a Script before they are able to be supplied.
‘Script’ means a hard-copy script or other legally valid authorisation from a licensed health professional in respect of the Script Product.
‘Supplier’ means a licensed pharmacy that offers to supply C2U Products through the C2U Platform or C2U Services .
‘Supply Contract’ means an agreement entered into between the Supplier and the User to transact C2U Products through the C2U Platform.
‘Third Party Account’ or ‘TPA’ means a Member Account that is created using an existing user account for approved third-party platform.
‘User’ means an individual or person who visits, views, downloads or uses the C2U Platform in whole or part.
‘User Content’ means all content that a User posts, uploads, publishes, submits, transmits, or includes in their Member Account or C2U promotional campaign to be made available through the C2U Platform and C2U Service.
2. MEMBER ACCOUNTS
2.1 In order to access certain features of the C2U Platform, and to use the C2U Service, a person must become a Member by registering to create a Member Account.
2.2 Registering and creating a Member Account with C2U is free. However, to create a Member Account and use the C2U Service you must be able to form a legally binding contract under applicable law. The C2U Service is not available to persons under 18 years of age. If you do not qualify to use the C2U Service, you must not use the C2U Service.
2.3 A User may create a Member Account by registering their details with the C2U plaform directly or by logging in via an approved third-party platform account (‘Third Party Account’ or ‘TPA’), via the Mobile Application, as described below and validly completing a registration.
2.4 As part of the functionality of the C2U Platform, you may link your Member Account with TPAs, by either: (i) providing your TPA login information to C2U through the C2U Platform; or (ii) allowing C2U to access your TPA, as permitted under the applicable terms and conditions that govern your use of each TPA.
2.5 You represent that you are entitled to disclose the TPA login information to C2U and/or grant C2U access to your TPA (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPA and without obligating C2U to pay any fees or making C2U subject to any usage limitations imposed by such third-party service providers.
2.6 By granting C2U access to any TPA, you understand that C2U will access, make available and store (if applicable) any specifically authorised content that you have provided to and stored in your TPA (‘TPA Content’) so that it is available on and through the C2U Platform via your Member Account. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered User Content for all purposes of these Terms.
2.7 Depending on the TPAs you choose and subject to the privacy settings that you have set in such TPAs, personally identifiable information that you post to your TPAs will be available on and through your Member Account on the C2U Platform. If a TPA or associated service becomes unavailable or C2U’s access to such TPA is terminated by the third-party service provider, then TPA Content will no longer be available on and through the C2U Platform. Please note that your relationship with the third-party service providers associated with your TPAs is governed solely by your agreement(s) with such third-party service providers. C2U makes no effort to review any TPA Content for any purpose, including but not limited to for accuracy, legality or non-infringement and C2U is not responsible for any TPA Content.
2.8 A Member Account can only be created in the name of an individual.
2.9 While you are registered with C2U you must maintain control of your Member Account. You may not deal with your Member Account in any way (including by allowing others to use your Member Account or by transferring or selling the Member Account or any of its content to another person).
2.10 At its absolute discretion, C2U may refuse to allow any User to register or create a Member Account with C2U or cancel or suspend any existing Member Account.
2.11 Your Member Account will be created for your use of the C2U Platform and is based upon the personal information you provide to us or that we obtain via a TPA as described above. you may not have more than one (1) Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. C2U reserves the right to suspend or terminate your Member Account and your access to the C2U Platform and C2U Service if you create more than one (1) Member Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
2.12 You are responsible for safeguarding your password to your Member Account. You agree that you will not disclose your password to any third party.
2.13 You are not permitted to share your Member Account with anyone or allow others to access or use your Member Account.
2.14 You expressly agree that C2U has no responsibility and makes no warranty as to the truth, accuracy or completeness of any aspect of any information provided by Suppliers. C2U does not verify this information.
2.15 You agree that C2U may contact you by email, telephone or text messages at any of the email addresses or phone numbers provided by you or on your behalf in connection with a Member Account or providing the Services, including for marketing purposes.
2.16 You agree that a Supplier (Pharmacist) may contact you via telephone or text messages in order to discuss any items you have ordered from them.
2.17 You agree that a Deliverer may contact you via telephone or text messages in order to locate you when making a Delivery.
2.18 If C2U determines at its sole discretion that you have breached any obligation under these Terms it reserves the rights to cancel or suspend your Member Account, and thus your Membership.
3. C2U SERVICE DESCRIPTION AND ORDERS
3.1 C2U makes available an online platform or marketplace through which Members can purchase a range of C2U Products, which are then delivered to Members’ designated address. C2U is not a pharmacy. Unless explicitly specified otherwise in the C2U Platform, C2U’s responsibilities are limited to facilitating the availability of the C2U Platform and C2U Service.
3.2 A Member wishing to use the C2U Service must first create a Member Account.
3.3 C2U will from time to time display C2U Products for purchase by Customers via the C2U Platform.
3.4 To create an Order for C2U Products with a Supplier using the C2U Platform, the following process shall apply:
(a) The Member makes an offer to buy certain C2U Products through the C2U Platform on the terms and conditions described in the Order;
(b) If the Order is for Script Products, the Member provides to C2U a DS Image for provision to Supplier for reference purposes;
(c) C2U refers the Order to a Supplier and Supplier confirms whether the Supplier can supply the Order on the terms and conditions described in the Order;
(d) Where the Supplier confirms through the C2U Platform that an Order is able to be supplied and is accepted, and the Member pays for the C2U Products, a conditional Supply Contract is formed and the Supplier gets the Order ready for collection and delivery to the Member by a Deliverer.
3.5 C2U reserves the right to in its absolute discretion to cancel any Orders for any reason, including without limitation, an error in the price or the description of C2U Products or a Customer error in placing the Order.
3.6 In order to purchase Script Products, the Member must provide proof of the relevant Script, and upload such proof at the time of placing the Order in the form of a DS Image. By uploading a DS Image, the Member represents and warrants that they hold a valid and legal Script that has been duly issued by a duly licensed medical provider, and neither the Script nor the DS Image has been forged or fraudulently obtained or created.
3.7 The Order process will require you to provide Delivery Instructions in respect of the Order. C2U will take your Delivery Instructions into account when organising your Delivery, but the final details of the Delivery will be as confirmed with the relevant Supplier/by C2U over email or through in-app notifications.
Where you have provided for an “authority to leave” the C2U Products at the location nominated by you:
(a) if required, you must leave the relevant original Script in a safe location for collection at that location;
(b) Customer shall release and indemnify C2U from any and all liability in connection with the C2U Products and any Script, including but not limited to, loss, theft, disclosure of confidential or personal information, abuse or misuse of C2U Products or Scripts that have been left at the location nominated by you; and
(c) from time to time, C2U may in its discretion and without prejudice to paragraph (b) above, provide an option for you to arrange insurance with respect to the C2U Products, by choosing that option at the time of ordering via the C2U Platform.”
3.8 Orders will not be accepted if the relevant Delivery Instructions includes a Delivery location outside of the Delivery Zones.
3.9 The C2U Platform allows users to order at any time of the day, however the delivery of those orders is only available during the Delivery Times outlined on the C2U site.
3.10 With respect to the completion of Deliveries:
(a) You must ensure that you are able to accept the Delivery without undue delay and at the time and place reasonably confirmed by C2U, and you must reasonably ensure the place of Delivery is safe (e.g. there are no hazards, and any pets are controlled).
(b) In the case of Pharmacy Products you must ensure you have valid Australian photo identification should this be required based on the C2U products you have ordered, as well as the Script(s).
(c) Deliverers will not commit to completing the Delivery if the Delivery location is unsafe, or beyond the front door of the Delivery address (i.e. a point beyond which entry into the interior of the building occurs).
(d) If a Deliverer deems it safe and practical they may, following your request, agree to complete the Delivery beyond the front door, and in these circumstances you agree to continually indemnify and hold harmless C2U from any Loss suffered or incurred through the completion of the Delivery beyond your front door.
(e) If a Deliverer reasonably deems a requested Delivery location to be unsafe, the order will be returned to the dispatch address and redelivery fees may apply.
(f) Additional health and safety requirements may apply, such as with respect to measures to counter risks arising from the transmission of viruses such as COVID-19.
3.11 Once the Deliverer has Delivered an Order in accordance with clause 3.4 above, and any relevant scripts have been collected, you must advise us within two (2) Business Days if there is a problem with your Order or it will be deemed to have been successfully supplied and delivered.
3.12 You acknowledge and agree that, where the C2U Product is a Script Product you will be responsible for providing a valid Script and any other documentation required for the purchase, supply and Delivery of the Script Product. The Supplier may in its discretion for any reasonable reason, including where you do not provide a valid Script, decide not to dispense the relevant Script Product to you, including by instructing the Deliverer not to release the Script Products to you, in which case the Script Products in your Order will be cancelled and the payment returned to you in full. As part of its duty of care, the Supplier may wish to speak to you by phone or other audio-visual means prior to authorising the Deliverer to release the Order to you. Until such time as the order is finally released by the Deliverer, it will not have been supplied to you and may be cancelled.
3.13 The description of the C2U Service may be reviewed and updated from time to time, and any updates will be provided here.
4. END USER LICENCE AGREEMENT
4.1 C2U Mobile Applications are made available via the Apple App Store and Google Play Store and are licensed, not sold, to you. Your licence to each of the C2U Mobile Applications is subject to your prior acceptance of this End User Licence Agreement (‘EULA’) and these Customer Terms. C2U as licensor reserves all rights in and to the C2U Mobile Applications not expressly granted to you under this EULA.
4.2 C2U grants to you a non-transferable licence to use the C2U Mobile Applications on any Apple-branded or Android products that you own or control and as permitted by the Apple Usage Rules and these Customer Terms (‘Licensed Application’).
This EULA will govern any content, materials, or services accessible from the Licensed Application, as well as upgrades provided by C2U that replace or supplement the original Licensed Application, unless such upgrade is accompanied by its own licence.
Except as provided in the Apple Usage Rules or equivalent rules in respect of Android phones, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so.
You may not copy (except as permitted by this licence and the Apple Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
4.3 If you accessed or downloaded C2U Mobile Applications from the App Store, then you agree to use the App only: (a) on a compatible and fully working Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
4.4 If you accessed or downloaded C2U Mobile Applications from any app store or distribution platform (like the Apple App Store or Google Play Store) (each, an ‘App Provider’), then you acknowledge and agree that:
(a) These Customer Terms are concluded between you and C2U, and not with App Provider, and that, as between us and the App Provider, C2U is solely responsible for C2U Mobile Applications. App Provider has no obligation to furnish any maintenance and support services with respect to C2U Mobile Applications and or Competitions.
(b) In the event of any failure of C2U Mobile Applications to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for C2U Mobile Applications to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of C2U. App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of C2U Mobile Applications, including but not limited to: (i) product liability claims; (ii) any claim that C2U Mobile Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(c) In the event of any third-party claim that a C2U Mobile Application or your possession and use of a C2U Mobile Application infringes that third party’s intellectual property rights, C2U will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Mobile App Terms and Conditions.
(d) App Provider and its subsidiaries are third-party beneficiaries of these Customer Terms as related to your licence of C2U Mobile Applications, and that, upon your acceptance of these Customer Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Customer Terms as related to your licence of C2U Mobile Applications against you as a third-party beneficiary thereof.
4.5 You must also comply with all applicable third-party terms of service when using C2U Mobile Applications.
4.6 You agree to comply with all Australian laws and regulations to ensure that neither C2U Mobile Applications nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using C2U Mobile Applications, you represent and warrant that: (i) you are not located in a country that is subject to a Government embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any list of prohibited or restricted parties.
5. CHARGES AND PAYMENT PROCESS
5.1 In consideration for an Order, Members will be charged fees per Order (‘Service Fees’) as displayed at the time of transaction that is based on the specifics of that Order, including without limitation with respect to what C2U Products are provided and the details of the Delivery. Members agree to pay C2U the Service Fees, and will be required to enter their payment details in order to complete the Order Process.
5.2 All payments of Service Fees will be enabled by C2U via a third party service provider (‘Payment Provider’) to provide payment services and act as a payment facilitator and escrow agent on behalf of the Member, Supplier and C2U, and subject to any terms of the Payment Provider using the preferred payment method designated in your Member Account.
5.3 C2U does not store your financial information, and as a consequence is not required to maintain PCI compliance. After each Order has been processed Members will receive:
(a) a confirmation communication summarising your confirmed Order and Delivery details; and
(b) a receipt in respect of the Order.
6. THIRD PARTY SERVICES
6.2 C2U may from time to time include on the C2U Platform promotions for and links to services offered by the Payment Provider and other third parties (‘Third Party Services’). These Third Party Services are not provided by C2U.
6.3 Third Party Services are offered to you pursuant to terms and conditions offered by the third party. If you engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider.
6.4 C2U makes no representation or warranty as to the Third Party Services.
7. CANCELLATIONS AND REFUNDS
7.1 Once an Order has been processed and payment made, a Member cannot cancel the Order.
7.2 In the event that you are delivered the wrong C2U Products as part of the Order, then you must advise us as soon as possible and in any event within two (2) Business Days together with relevant details and a customer service person will be in touch with respect to further steps, which may include a refund of all or part of the relevant Service Fee.
7.3 With respect to Script Products, if the Supplier at any time before or after the products are delivered to you for good reason decides not to dispense the relevant Script Product to you, such as without limitation because of concerns about the validity of the Script, the Script Products in your Order will remain in, or be returned to, the custody of the Supplier, and your Order will be cancelled and the payment refunded to you in full.
8. USER’S OBLIGATIONS
8.1 You agree that at all times:
(a) you will comply with these Terms (including all C2U Policies) and all applicable laws and regulations;
(b) you will post only accurate information on the C2U Platform;
(c) you will promptly and efficiently perform all your obligations to Users under a Charge Contract and to C2U in accordance with these Terms;
(d) all content (whether provided by C2U, a User or a third party) on the C2U Platform may not be used on third party sites or for other business purposes without C2U’s prior permission; and
(e) you will ensure that you are aware of any laws that apply to you as a Member or Supplier, or in relation to any other way(s) that you use the C2U Platform.
8.2 You must not use the C2U Platform for any illegal or immoral purpose.
8.3 You grant to C2U an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the C2U Platform for the purpose of including that material and information on or through the C2U Platform and as otherwise may be required to provide the C2U Service, for the general promotion of the C2U Service and as permitted by these Terms.
8.4 Any information posted on the C2U Platform must not, in any way whatsoever, be potentially or actually harmful to C2U or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by C2U. Without limiting any provision of these Terms, any information you supply to C2U, through the C2U Platform or to any other User must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s intellectual property rights;
(d) violate any applicable law, statute, ordinance or regulation;
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in C2U’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any C2U Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
9.1 C2U is entitled to suspend or terminate your Member Account at any time if C2U, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other C2U Users.
9.2 To continue to improve our C2U Platform, please let us know of any issue that you experience using a Third Party Service by contacting us via the customer service details listed on our website at www.chemist2u.com.au
10. LIMITATION OF LIABILITY
10.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void (‘Non-excludable Condition’), to the extent permitted by law C2U specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of the transaction between Member and Supplier).
10.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, C2U specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between you and any Third Party Provider who may be included from time to time on the C2U Platform.
10.3 Except for liability in relation to a breach of any Non-excludable Condition, C2U’s liability to any User of this service is limited to the total amount of $100.
10.4 C2U’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
10.5 C2U operates a distribution service for Suppliers. It is not party to a Supply Contract between a Supplier and a User. C2U accepts no liability for any aspect of a User’s interaction with a Supplier or a Deliverer, and C2U has no obligation to any User to assist or involve itself in any way in any dispute between a User and a Supplier or a User and a Deliverer.
10.6 Except for liability in relation to any Non-excludable Condition, the C2U Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law.
11.1 If you choose to use the C2U Platform or C2U Services you do so at your sole risk. You acknowledge and agree that C2U does not have an obligation to conduct background or registered sex offender checks on any Deliverer. We may conduct such background or registered sex offender checks, in our sole discretion, to the extent permitted by applicable laws and if we have sufficient information to identify a Deliverer. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Deliverer or guarantee that a Deliverer will not engage in misconduct in the future.
11.2 C2U explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. C2U makes no warranty that the C2U Platform or C2U Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
11.3 Based on pharmacy business hours, C2U will use reasonable endeavours to Deliver your Order within 3 hours of Order confirmation, though we cannot guarantee this. This is subject to C2U’s confirmation of your Order and is a guideline only. Factors that may change the delivery time include when an order is placed (e.g. if it is placed outside of designated Delivery Zone), or any adverse weather or traffic conditions. We will contact you as soon as possible in the event of an unavoidable delay to make alternative arrangements. You should not rely on C2U’s predicted delivery times or service availability to guarantee access to your health and medical needs. Any medication that is critical to your health or required to be taken on a strict schedule should be ordered well ahead of time, and you should not rely on C2U for urgent deliveries. C2U is a distribution provider and does not sell therapeutic goods.
11.4 No advice or information, whether oral or written, obtained from C2U or through the C2U Services, C2U Platform or collective content, will create any warranty not expressly made herein.
11.5 You are solely responsible for all of your communications and interactions over C2U Platform, and with other persons with whom you communicate or interact as a result of your use of the C2U Services or C2U Platform including, but not limited to, any Deliverers or other Users. You understand that C2U does not make any attempt to verify the statements of Users on the C2U Services or C2U Platform. C2U makes no representations or warranties as to the conduct of Users on the C2U Services or C2U Platform or their compatibility with any current or future Users of the C2U Services or C2U Platform. You agree to take reasonable precautions in all communications and interactions with Deliverers or other Users on C2U Platform and with other persons with whom you communicate or interact as a result of your use of the C2U Services or C2U Platform, including, but not limited to Deliverers. C2U explicitly disclaims all liability for any act or omission of any guest or other third party.
12. DEFAULT IN TRANSACTIONS
If you fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to C2U’s rights in accordance with these Terms (including any C2U policy) to suspend (temporarily or indefinitely) or terminate the Member Account.
13.3 Users are required by these Terms to provide accurate information. Although C2U may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users and/or screen User information against third party databases or other sources, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background.
13.4 By registering for a Member Account, you agree that C2U may, but is not obligated to, request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law.
14. MODIFICATIONS TO THESE TERMS
14.1. C2U may modify these Terms and/or the Policies (and update the C2U pages on which they are displayed) from time to time. C2U will send notification of such modifications to your Member Account. You should check that account regularly.
14.2. If you do not agree with any changes to these Terms (or any of our Policies), you must terminate your Member Account and stop using the C2U Service. Except as specifically described in or authorised by these Terms, the Terms and any C2U Policy cannot be amended except in writing signed by you and C2U.
15. NO AGENCY
15.1 No agency, partnership, joint venture or other similar relationship is created by these Terms. In particular, you have no authority to bind C2U, its related entities or affiliates in any way whatsoever. C2U confirms that all Third Party Services that may be promoted on the C2U Service are provided solely by such Third Party Service providers. To the extent permitted by law, C2U specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or no- performance of such Third Party Service.
16. INTELLECTUAL PROPERTY
16.1 The C2U Platform and C2U Service are protected by copyright, trade mark, and other laws of Australia and other countries. You acknowledge and agree that the C2U Platform and C2U Service, including all associated Intellectual Property Rights, are the exclusive property of C2U and its licensors. You will not remove, alter or obscure any Intellectual Property incorporated in or accompanying the C2U Platform or C2U Service.
16.2 By making available any User Content on or through the C2U Platform and C2U Service, or through C2U promotional campaigns, you hereby grant to C2U a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the C2U Platform and C2U Service. C2U does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
17.1 You acknowledge that a Charge Contract between a Supplier and a Member constitutes a supply by the Supplier to the Member which may attract GST. C2U is not a party to this contract of supply and has no obligations or liability in respect of any applicable GST (if any).
18.1 These Terms are governed by the laws of New South Wales, Australia. You and C2U submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Last revised 14 February 2023