Terms of Use

Terms of Use

This website, “www.wizardpharmacy.com.au” (the “Wizard Website”) is owned and operated by Wizard Pharmacy Services No.2 Pty Ltd (ACN 611 122 699) (“Wizard”).

By using, accessing and/or visiting the Wizard Website (collectively, including all content and functionality available through the Wizard Website, such as completion of an Online Health Questionnaire, accessing any content on the website, bookings, ordering a product or making payments), you signify your agreement to:

a)         these terms of use (the “Terms of Use”); and

b)         Wizard's privacy policy (the “Privacy Policy”), found at https://www.wizardpharmacy.com.au/privacy-policy.

The Privacy Policy provides details of how Wizard will collect, store, handle, disclose and use any personal information that you provide to Wizard.

If you do not agree to any of these Terms of Use, or you are not satisfied with the Privacy Policy, do not use the Wizard Website.

Importantly, by using and/or visiting the Wizard Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms of Use, and to abide by and comply with these Terms of Use.

Wizard may, in its sole discretion, modify or make changes to the Wizard Website, these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Wizard recommends that you periodically revisit the Terms of Use and Privacy Policy to ensure that you are kept up-to-date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits unless otherwise specified.

1. Disclaimer

1.1 Information provided on the Wizard Website, including the results of a completed Online Health Questionnaire on the website (“OHQ Content”) is a guide only and is intended only to assist users with general information about their health and wellbeing. It is not nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. OHQ Content is indicative only, and only assesses limited common factors in relation to specific health situations and disorders, and provides a general rating in those areas, based on the answers you provide. It may also not take into account existing disorders or medical conditions that you may have, which may affect your rating. The OHQ Content or any other Website Content may not be exhaustive and may not always reflect all the most recent research in all areas of health and wellness. You should always also seek the advice of your general practitioner or another qualified health provider (as appropriate) with any questions you may have regarding your health, medical condition or symptoms you may have. You should never disregard professional medical advice or not seek or delay to seek such advice, because of something you have read on the Wizard Website. To the maximum extent permitted by law, reliance on any information provided on the Wizard Website is solely at your own risk.

2. Intellectual Property and your use of the Wizard Website

2.1 Wizard hereby grants you permission to access and use the Wizard Website as set forth in these Terms of Use, provided that:

  1. You agree not to distribute in any medium any part of the Wizard Website, , without Wizard's authorisation.
  2. You agree not to access any content provided on the Wizard Website through any technology or means other than those provided by Wizard on the publicly accessible pages of the Wizard Website itself.
  3. You agree not to use the Wizard Website for any commercial use, without the prior written authorisation of Wizard. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Wizard’s express approval:
  • sale of access or provision of access to the Wizard Website or its related services or functions on another website;
  • use of the Wizard Website or its related services for the purpose of gaining advertising or subscription revenue;
  • the sale of advertising on the Wizard Website or any third-party website; and
  • any use of the Wizard Website or its related services that Wizard finds, in its sole discretion, to use Wizard's resources with the effect of competing with or displacing the market for Wizard’s products and services.
  1. You agree not to use or launch any automated system (including but not limited to “robots”, “spiders”, or “offline readers”), that accesses the Wizard Website in a manner that sends more request messages to the Wizard servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Wizard Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Wizard Website.
  1. You agree not to engage in the copying or distribution of any of the Website Content, unless you receive written approval from Wizard to do so.
  1. You agree not to circumvent, disable or otherwise interfere with security-related features of the Wizard Website or features that prevent or restrict access to and/or use or copying of any Website Content or enforce limitations on use of the Wizard Website or the Website Content therein.
  1. You agree that you will use the Wizard Website in accordance with these Terms of Use and that you will not use the Wizard Website for any unlawful purpose.

2.3 All content on the Wizard Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the like ("Website Content") and the trademarks, service marks and logos contained therein ("Website Marks"), are owned by or licensed to Wizard, and are subject to copyright and other intellectual property rights under the law. Website Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wizard reserves all rights (expressly and not expressly granted) in and to the Wizard Website and the Website Content and Website Marks.

2.4 You may access Website Content solely:

  • for your information and personal use; and
  • as intended through the normal functionality of the Wizard Website.

2.5 You may access Website Content and other content only as permitted under these Terms of Use.

3. Products and Prices

3.1 All products (“Products’) advertised by Wizard (for example on the Wizard Website) are subject to availability.  

3.2 The price payable for any product(s) is the price specified on the Wizard Website at the time of publication. Prices displayed on the Wizard Website may change at any time. Prices are displayed in Australian dollars (AUD) unless otherwise specified.

4. Liability

4.1 To the fullest extent permitted by law, Wizard, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Wizard Website, including, but not at all limited to such loss, damage or injury arising out of the following:

(a) using the Wizard Website or relying on the Website Content;

(b) ordering and/or using any products supplied by Wizard on the Wizard Website;

(c) any errors or omissions from any information on the Wizard Website including typographical or photographical errors;

(d) any technical malfunction, error, virus, delay or interference on the Wizard Website; or

(e) a failure or omission on the part of Wizard to comply with its obligations under these Terms of Use.

4.2 To the fullest extent permitted by law, Wizard and its agents:

(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and

(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on the Wizard Website.

4.3 To the extent permitted by law, Wizard assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to the Wizard Website, or for alteration of any information provided by a Wizard Website user.

4.4 You hereby waive and release any and all claims that you may have against Wizard, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to the Wizard Website and/or your purchase and/or use of any Products advertised therein, and/or your relying on any Website Content.

4.5 Nothing in these Terms of Use limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar consumer protection laws in Australia, except where Wizard is legally permitted to do so. If it is legally permitted to do so, then Wizard limits its liability to the following: (1) in the case of goods, one or more of the following: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and (2) in the case of services, one or more of the following at Wizard’s discretion: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

5. Indemnity

5.1 You indemnify Wizard, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using the Wizard Website, relying on Website Content and/or purchasing and using any Products advertised on the Website.

6. Links

6.1 Wizard is not responsible for the content of any site linked to or from the Wizard Website. Any links provided are for your convenience only and are not an endorsement of the companies or products referred to on sites to which this Wizard Website links and Wizard has no responsibility for the condition, content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you click on a link to another site, you do so entirely at your own risk.

7. Termination of Site

7.1 Wizard reserves the right to modify or suspend services on the Wizard Website, to terminate any or all parts of the Wizard Website (where possible), or to terminate your ability to purchase products from the Wizard Website at any time without notice.  In this event, the liability and indemnity provisions provided in these Terms of Use will survive such termination, and all rights of Wizard granted herein are otherwise reserved.

8. Governing Law

8.1 These Terms of Use shall be governed by and construed in accordance with of the laws of Western Australia, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia. If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.


Last Updated 28.10.2016