(a) Apotex Pty Ltd ACN 096 916 148 (Apotex) owns and operates the online portal at www.apoaccess.com.au through which vaccines may be purchased by registered pharmacies (Members or you) for delivery within Australia (Portal).
(b) Your access to, use of and placement of orders on the Portal is subject to these terms and conditions.
(c) Apotex has negotiated certain terms and conditions, including price, for the sale of vaccines (Vaccines) through the Portal by EBOS Group Australia Pty Ltd ACN 125 401 247 (EBOS) available to Members. The supply of Vaccines through the Portal is subject to EBOS’s terms and conditions provided by EBOS (EBOS Terms).
(d) You acknowledge and agree that:
(1) EBOS is the seller of the Vaccines via the Portal;
(2) the price of the Vaccines via the Portal may change from time to time, and it is your responsibility to check the current price before you place an order;
(3) the EBOS Terms apply to orders for Vaccines you place via the Portal, and you are responsible to EBOS for complying with the EBOS Terms in relation to orders you place;
(4) EBOS may amend the EBOS Terms from time to time, and it is your responsibility to check the EBOS Terms each time you place an order;
(5) Apotex is not the seller of the Vaccines; and
(6) Apotex receives a commission from EBOS on EBOS’s sale of the Vaccines via the Portal.
(e) You must only access and use the Portal for your own retail pharmacy business and not for on-supply on a wholesale basis.
(f) If you fail to comply with either these terms and conditions or the EBOS Terms in relation to your access to or orders you place via the Portal, Apotex may deny you access to the Portal and may suspend or terminate any or all other benefits to you as a Member.
(g) All material and information on this website, including the Portal and its contents, any logos, trade marks, text, graphics and software (together, Content), are owned by or licensed to Apotex, and you must not copy, reproduce, transmit by any means or otherwise use any such Content other than to place orders as contemplated by these terms and conditions.
(h) The information included in the Content is Apotex’s confidential information, and you must not use or disclose that information, other than to place orders as contemplated by these terms and conditions.
(i) Apotex may change this website including the Portal and its operations and offerings from time to time. Apotex may also change these terms and conditions for access to and use of the Portal from time to time, and you are responsible for reviewing and confirming your agreement to the then current terms and conditions each time you access the Portal.
(j) To the extent permitted by law, Apotex is not liable for any loss or damage (however caused) in connection with your use of the Portal, supplies of Vaccines or unavailability of the Portal including due to technical issues. Where by law such liability cannot be excluded but can be limited, Apotex’s liability for such loss or damage is limited to resupplying or paying the cost of resupplying the services.
(k) These terms and conditions are governed by the law of New South Wales.
By submitting your order on this APOaccess online portal (“APOaccess”), you agree to the following terms and conditions with Apotex Pty Ltd (ABN 52 096 916 148), the owner of APOaccess:
1 You represent that you are the owner of the pharmacy registered against this account or that you are authorised by the owner of the pharmacy to place this order and agree to these terms and conditions on behalf of the owner of the pharmacy.
2 You agree to purchase and pay for the number of units of Flu Vaccines Products (“Product”) for the 2020 Flu Season (being from 1 March 2020 to 30 September 2020) as submitted through APOaccess at the price stated on this order page.
3 Once submitted, your order:
(a) may not be amended; and
(b) may not be cancelled
4 You acknowledge and agree that:
(a) EBOS Group Australia Pty Ltd ACN 125 401 247 is responsible for the supply of the Product to You;
(b) to the maximum extent permitted by law, You release Apotex, its officers, employees and agents from any and all claims relating to the Product and the supply of the Product; and
(c) whilst Products are anticipated to be ready for delivery by 31 March 2020 (subject to reasonable delays in manufacturing and/or delivery), such delivery date is only an estimate, is subject to change, and Apotex does not represent or warrant that EBOS will be able to deliver the Product by such date. In the event that a delay arises and the estimated shipment and/or release of the Product is not met, Apotex is not liable for any losses incurred You as a result of such delay.
5 For the avoidance of doubt, Your use of APOaccess is subject to the Terms and Conditions of the APOaccess online portal and your purchase of Product is subject to the EBOS Terms (as defined in the Terms and Conditions of the APOaccess online portal).
6 If any provision of these Terms and Conditions is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly. If, notwithstanding the foregoing, a provision is still void, voidable, unenforceable or illegal:
(a) if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and
(b) in any other case, the whole provision is severed,
and the remainder of these Terms and Conditions will be of full force and effect.
7 These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the courts of New South Wales have the exclusive jurisdiction to determine any matter, issue or dispute resulting from, or otherwise in connection with, these terms and conditions.