Terms and conditions

1. Introduction

These Terms & Conditions (“Terms”) govern your use of ausgaroo.com.au (the “Website”) and any purchase you make through it.

By accessing or using the Website, creating an account, or placing an order, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the Website or place an order.

2. About Us

Ausgaroo is a brand operated by:

HMS Australia Pharmaceutical Co. Pty Ltd
ABN: 20 671 528 331
Bundall QLD 4217, Australia

Phone: 1800 813 565
Email: [email protected]
Website: ausgaroo.com.au

Throughout these Terms, “Ausgaroo”, “we”, “us” and “our” refer to HMS Australia Pharmaceutical Co. Pty Ltd.

3. Products & Health Disclaimer

Ausgaroo offers complementary healthcare products.

Where a product is a listed medicine, its label may display an AUST L number, identifying that medicine on the Australian Register of Therapeutic Goods (ARTG).

Information provided on the Website, including product information, articles, Wellness Hub content and other educational material, is provided for general informational and educational purposes only and is not intended to constitute medical advice, diagnosis or treatment.

Always read the product label and follow the directions for use and any warnings provided.

If symptoms persist, or if you are pregnant or breastfeeding, taking other medicines, have allergies, have a pre-existing medical condition, or are unsure whether a product is suitable for you, seek advice from a qualified healthcare professional before use.

Product images are provided for illustrative purposes. Packaging, label appearance and presentation may vary from images displayed on the Website.

Where there is any inconsistency between general information on the Website and the information appearing on a product label, the product-specific label information should be followed.

4. Orders & Payment

By placing an order through the Website, you make an offer to purchase the selected product or products at the price displayed at checkout.

An order is not considered accepted until payment has been successfully processed and we have issued an order confirmation.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• a product is unavailable;
• there is an obvious pricing or product-information error;
• payment cannot be authorised;
• we reasonably suspect fraud or unauthorised activity; or
• we are otherwise unable to fulfil the order.

If we cancel an order after receiving payment, we will refund the applicable amount.

All prices are displayed in Australian Dollars (AUD) and include GST where applicable.

Payment is processed securely through third-party payment providers. We do not store your full payment card details.

Available payment methods may vary and will be displayed during checkout.

Where a product is offered for pre-order or is temporarily unavailable, any estimated availability or delivery date is indicative only and is not guaranteed.

5. Shipping & Delivery

Available shipping methods, delivery areas and applicable charges will be displayed during checkout.

We aim to process and dispatch orders within a reasonable period following payment confirmation, subject to product availability and operational requirements.

Any delivery timeframe displayed on the Website or provided after purchase is an estimate only and is not guaranteed.

Delivery may be affected by courier delays, public holidays, weather conditions, customs processes, incorrect delivery information or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete delivery address.

Please review your delivery details carefully before submitting an order.

Risk in the goods passes to you upon delivery to the address provided at checkout, subject to applicable Australian law.

6. Returns & Refunds

Returns and refunds are governed by our separate Refund & Returns Policy, available on the Website.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Where a product is faulty, unsafe, incorrectly described or otherwise fails to comply with applicable consumer guarantees, you may have rights to a repair, replacement, refund or other remedy under Australian law.

Additional conditions may apply to change-of-mind returns, including where a product has been opened, used, damaged or is no longer in its original condition.

Please refer to our Refund & Returns Policy for further information.

7. Intellectual Property

Unless otherwise stated, all content appearing on the Website, including:

• the Ausgaroo name and logo;
• text and written content;
• photographs and images;
• illustrations and graphics;
• product descriptions;
• packaging designs;
• website design and layout; and
• other brand materials,

is owned by or licensed to HMS Australia Pharmaceutical Co. Pty Ltd and is protected by applicable Australian and international intellectual property laws.

You may view and use the Website for your personal, non-commercial use.

You must not reproduce, copy, modify, distribute, publish, sell, commercially exploit or otherwise use our intellectual property without our prior written consent, except where permitted by law.

8. User Conduct

You agree not to use the Website to:

• engage in unlawful, fraudulent or harmful activity;
• attempt to gain unauthorised access to our systems, accounts or data;
• interfere with or disrupt the operation or security of the Website;
• transmit malicious software or harmful code;
• impersonate another person or provide deliberately false information;
• post or transmit defamatory, offensive or unlawful material; or
• infringe the intellectual property, privacy or other rights of another person.

We may restrict or suspend access to the Website where reasonably necessary to protect Ausgaroo, our customers or our systems.

9. Limitation of Liability

To the maximum extent permitted by law, HMS Australia Pharmaceutical Co. Pty Ltd is not liable for indirect, incidental, special or consequential loss arising from your use of the Website or products purchased through it.

We do not guarantee that the Website will always be uninterrupted, error-free or continuously available.

Nothing in these Terms is intended to exclude, restrict or modify any liability, consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

10. Privacy

Your privacy is important to us.

Our collection, use, storage and handling of personal information is governed by our Privacy Policy, available on the Website.

By using the Website, placing an order, creating an account or contacting us, you acknowledge that personal information may be collected and handled in accordance with that Privacy Policy and applicable Australian privacy laws.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

• our Website;
• our products or services;
• our business operations;
• payment or delivery arrangements; or
• applicable legal or regulatory requirements.

The current version of the Terms will be published on this page together with the date it was last updated.

Updated Terms take effect from the date they are published.

Changes will not retrospectively remove rights that have already arisen under applicable law.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia, together with applicable Commonwealth laws of Australia.

Subject to any rights you may have under applicable law, disputes relating to these Terms or your use of the Website will be subject to the jurisdiction of the courts of Queensland.

Nothing in this section limits any rights or remedies available to consumers under applicable Australian law.

13. Contact Us

If you have any questions about these Terms, your order or the Website, please contact us:

Ausgaroo
A brand of HMS Australia Pharmaceutical Co. Pty Ltd
ABN: 20 671 528 331
Bundall QLD 4217
Australia

Phone: 1800 813 565
Email: [email protected]
Website: ausgaroo.com.au