Terms of service
OVERVIEW
These Terms of Service ("Terms") apply to the Hundred Holistic Patient Portal and related services (the "Services"), operated by TenX2 Pty Ltd (ABN 65 702 247 809) trading as Hundred Holistic ("we", "us", "our"). The Services support patients who have been prescribed medication by an Australian registered medical practitioner or nurse practitioner. The portal is powered by Shopify.
By creating an account or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
OUR ROLE
Hundred Holistic operates a portal through which verified patients can order medication prescribed to them. We are not your prescriber, we are not a pharmacy, and we are not the manufacturer or sponsor of any medication.
- Prescribers are independent registered health practitioners who make, and are responsible for, all clinical decisions about your treatment.
- Our partner pharmacy is an independent pharmacy. Its pharmacists are responsible for checking, dispensing and labelling your medication, and for the advice they give you.
- Manufacturers and sponsors are responsible for the quality, formulation and labelling of their products.
We collect payment for orders placed through the portal and remit those funds to our partner pharmacy. To the extent permitted by law, we are not responsible for the acts or omissions of these third parties.
ELIGIBILITY
The Services are a closed, invitation-only patient portal and are not a public shop. To use the Services, you must:
- be 18 years of age or older;
- be an Australian resident with an Australian delivery address;
- hold a current, valid prescription from an Australian registered medical practitioner or nurse practitioner, with any required approval or authorisation in place (for example, under the TGA Special Access Scheme or Authorised Prescriber Scheme);
- have received an invitation to the portal at the email address verified with your telehealth clinic; and
- have your identity, age and prescription verified by us or our partner pharmacy.
We may ask for identification or prescription details at any time. We may refuse, suspend or close an account if we cannot verify them.
PRODUCT ACCESS AND PRESCRIPTION EXPIRY
Australian law does not allow prescription medication to be advertised to the public. For this reason, product information, pricing and ordering are available only to logged-in, verified patients, and only for products covered by their own current prescription.
Your access to each product is linked to your prescription's expiry date and remaining repeats. When a prescription expires, is used up or is cancelled, your access to that product is removed automatically until a new prescription is received. It is your responsibility to book a review with your prescriber before your prescription expires.
You must not share, publish or forward product information, pricing or screenshots from the portal to anyone else, including on social media.
NOT MEDICAL ADVICE
We do not provide medical advice. Your prescriber decides whether a medication is suitable for you, which product you use and at what dose. Direct any questions about your medication to your prescriber or the dispensing pharmacist.
Some medications are not entered on the Australian Register of Therapeutic Goods (ARTG). This means the TGA has not assessed them for safety, quality or efficacy. Your prescriber should explain this to you and obtain your informed consent before prescribing.
In an emergency, call 000. For poisoning or overdose advice, call the Poisons Information Centre on 13 11 26.
YOUR ACKNOWLEDGEMENTS
By ordering medication through the Services, you acknowledge that:
- you have discussed the risks and benefits of your treatment with your prescriber and have given informed consent;
- effects can vary between people, products and batches, and side effects, interactions, impairment and intolerance are known risks of treatment, not defects in the medication;
- you are responsible for telling your prescriber and pharmacist about your medical history, any other medicines you take and any side effects you experience; and
- we rely on the information you give us, and you must keep it true, complete and up to date.
YOUR ACCOUNT
Your account is personal to you. You must not share your login or let anyone else use your account, and you are responsible for all activity on it. Tell us immediately if you think your account has been accessed without your permission. To the extent permitted by law, we are not liable for any loss caused by misuse of your login before you notify us.
ORDERS AND DISPENSING
An order is an offer to purchase. It is accepted only once your prescription has been verified. All medication is dispensed by a registered pharmacist at our partner pharmacy, in accordance with your prescription and Commonwealth, state and territory law.
The dispensing pharmacist may decline, reduce, delay or cancel an order in their professional judgement, for example where a prescription is invalid, expired or unclear, or where supply would exceed what has been authorised. If this happens after you have paid, we will refund you in full.
Medications may be affected by shortages, recalls or discontinuation, and we do not guarantee availability. If a product becomes unavailable after you have paid, we will refund you for it. A different product can only be supplied if your prescriber prescribes it.
You may only order medication for your own use. Supplying, selling or sharing your medication with another person is an offence under Australian law and will result in your account being closed.
PRICES, PAYMENT AND DELIVERY
Prices are in Australian dollars and include GST where applicable. Shipping charges are shown at checkout. You pay the price in effect when your order is placed. You must be authorised to use the payment method you provide.
We deliver within Australia only, by a secure, tracked service. Scheduled medicines may require a signature and proof of identity on delivery, and cannot be left unattended. You are responsible for providing a correct delivery address and being available to receive your order. You may need to pay for redelivery if a delivery fails for these reasons. Undeliverable Scheduled medication is returned to the pharmacy and may not be able to be resent. Delivery times are estimates only, and risk in the medication passes to you on delivery.
RETURNS AND REFUNDS
For safety reasons, dispensed medication cannot be returned for change of mind or resupplied to anyone. Your rights under the Australian Consumer Law are set out in the next section, and nothing in these Terms limits them.
- Wrong, missing, damaged or defective medication: contact us as soon as possible after delivery. We will work with the partner pharmacy to investigate, and arrange a replacement or refund, including shipping, where the claim is confirmed. Keep the medication in its original packaging with the pharmacy label attached, as the pharmacy may need it for assessment.
- Side effects or intolerance: these are known risks of treatment and are not grounds for a refund. Contact your prescriber, who can assess you and report adverse events to the TGA.
- Allergic reactions or serious adverse events: seek medical help first, then notify us. With supporting medical documentation, we will refund any unused medication and reasonable shipping costs.
Refunds for orders placed through the portal are issued by Hundred Holisitic on behalf of the partner pharmacy. Medication bought directly from a pharmacy is covered by that pharmacy's own policies.
YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
Our services, and the medication supplied through them, come with guarantees that cannot be excluded under the Australian Consumer Law.
- For a major failure, such as the wrong medication, strength or quantity, or medication that is defective, contaminated or expired when it arrives, you are entitled to a refund or a replacement.
- For a failure that is not major, you are entitled to have it fixed within a reasonable time. If it is not fixed, you are entitled to a refund.
- You are also entitled to compensation for any other reasonably foreseeable loss or damage.
The guarantees do not cover problems caused by using the medication other than as directed, storing or handling it incorrectly after delivery, known side effects that were disclosed to you, a change of mind or a change of treatment, or false information you provided. To assess a claim, we may ask for photos, the batch number, the pharmacy label or the medication itself.
PRIVACY
We collect and handle your personal and health information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy.
PROHIBITED USES
You must not:
- provide false or misleading information, including about your identity or prescription;
- obtain medication for, or supply it to, any other person;
- share, publish or promote product information or pricing from the portal;
- share your account or login;
- harass, abuse or threaten our staff, the partner pharmacy or prescribers; or
- introduce malicious code, use bots, scrapers or other automated tools, or try to get around access controls.
If we reasonably believe you have breached this section, we may suspend or close your account and notify the relevant authorities.
SUSPENSION AND TERMINATION
We may suspend or close your account if your prescription is no longer valid, if we cannot verify your details, or if you breach these Terms. If you have paid for an order that has not yet been dispensed, we will refund you for it. Any terms that by their nature should continue after termination will continue to apply.
LIMITATION OF LIABILITY
Nothing in these Terms excludes any right you have under the Australian Consumer Law or any other law that cannot be excluded. Subject to those rights, and to the extent permitted by law:
- we are not liable for indirect or consequential loss, or for loss of income, profit or data;
- we are not liable for the clinical decisions, advice or acts of prescribers, the partner pharmacy, manufacturers, couriers or other third parties;
- we are not liable for legal, employment or travel consequences of your use of medication, such as driving offences or workplace drug testing results;
- we do not guarantee that the Services will be uninterrupted or error-free;
- our liability is reduced to the extent you caused or contributed to the loss; and
- for claims not covered by a consumer guarantee, our total liability is limited to the amount you paid for the relevant order.
INDEMNITY
To the extent permitted by law, you indemnify Hundred Holistic, Shopify and our officers, employees and contractors against losses, fines and claims, including reasonable legal costs, arising from your breach of these Terms or the law, false information or prescriptions you provide, your supply of medication to others, or your use of medication other than as prescribed. This indemnity does not apply to the extent a loss is caused by our own negligence or breach.
SHOPIFY
The portal is hosted by Shopify, but all purchases are made with Hundred Holisitc. Shopify is not responsible for any sale between you and us, and you release Shopify and its affiliates from all claims arising from those sales.
GENERAL
All portal content is owned by or licensed to Hundred Holistic and is for your personal use only. Third-party tools in the portal, such as telehealth, identity verification, payment and delivery services, are governed by their own terms. To the extent permitted by law, we are not liable for delays or failures caused by events outside our reasonable control, including supply shortages, recalls, regulatory changes, courier disruption and outages.
If any part of these Terms is found to be unenforceable, it will be severed and the rest will continue to apply. If we do not enforce a right, that is not a waiver of it. These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.
CHANGES
We may update these Terms to reflect changes in law, TGA or state health requirements, or our Services. Updated Terms will be posted on this page, and we will notify you of material changes. The Terms in force when you place an order apply to that order.
CONTACT
TenX2 Pty Ltd trading as Hundred Holistic
Suite 381/11 Wilson St, South Yarra VIC 3141, Australia.
holistic@hundredhealth.com.au · 1300 006 569
ABN 65 702 247 809