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Customer Reviews — Terms and Conditions
1. Application and Acceptance
These Terms and Conditions (Terms) govern your participation in the customer ratings, reviews and questions and answers service (Review Service) provided by Pharm-a-care Laboratories Pty Ltd ABN 99 003 468 219 and its related entities of 18 Jubilee Avenue, Warriewood NSW 2102 (we, us, our, PharmaCare).
These Terms apply to reviews, ratings, comments, questions, answers and any other user-generated content (Review Content) that you submit through any PharmaCare brand website or platform that displays a link to, or incorporates, these Terms.
These Terms are suitable for use across multiple PharmaCare consumer brands. Where a particular brand operates under a separate, brand-specific version of these Terms, that version will apply instead and will be identified on the relevant website.
By submitting Review Content, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, please do not submit Review Content.
These Terms should be read together with our Privacy Policy and any other terms that apply to your use of the relevant website.
2. Definitions
In these Terms:
- ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- PharmaCare means Pharmacare Laboratories Pty Ltd and includes its subsidiaries, related bodies corporate, officers, employees, agents and authorised service providers.
- Intellectual Property Rights means all copyright, trade marks, design rights, patents, trade secrets, moral rights and any other intellectual or industrial property rights, whether registered or unregistered.
- Personal Information has the meaning given in the Privacy Act 1988 (Cth).
- Review Content means any rating, written review, question, answer, image, video or other material you submit through the Review Service.
- Review Service means the customer ratings, reviews and questions and answers functionality available on PharmaCare brand websites.
- UGC means user-generated content, including Review Content.
3. Eligibility to Submit Reviews
To submit Review Content, you must:
- be at least 18 years of age;
- be a natural person (not a business, company or automated system);
- have personally used or purchased the specific product or service you are reviewing; and
- be submitting Review Content based on your own genuine, first-hand experience with that product or service.
By submitting Review Content, you represent and warrant that you meet all of the above eligibility requirements.
4. Requirement for Genuine First-Hand Experience
Reviews must reflect your genuine, personal experience with the product or service as intended. You must not submit a review for a product you have not personally used or purchased, or based on the experience of another person.
Submitting a review that fabricates or misrepresents a product experience may constitute misleading conduct under the ACL and may expose you to legal liability.
5. Honesty and Non-Misleading Statements
All Review Content you submit must be honest, accurate and not misleading. You must not include statements that:
- you know to be false, inaccurate or deceptive;
- exaggerate the features, benefits or results of a product;
- omit material facts in a way that creates a misleading overall impression; or
- could lead a reasonable person to form a false belief about the product, service or PharmaCare.
These requirements reflect obligations under the ACL, which prohibits misleading or deceptive conduct and false representations in connection with goods and services.
6. Disclosure of Relationships and Material Connections
You must clearly and prominently disclose in your Review Content any material connection you have to PharmaCare or the product you are reviewing. Material connections include, but are not limited to:
- receiving payment, free products, discounts, vouchers, contest entries or any other benefit or incentive in connection with your review;
- being employed by, or engaged as a contractor or consultant to, PharmaCare or any of its related entities;
- having a family member or close personal associate who is employed by, or engaged with, PharmaCare or any of its related entities;
- being employed in, or having a significant professional connection to, the healthcare sector, a government regulatory body, or the production, marketing or supply of the product being reviewed; or
- having any other financial or personal relationship with PharmaCare or a competitor that a reasonable person would consider relevant to the credibility of your review.
By submitting Review Content, you confirm that you have disclosed all such material connections within your review, or that no such connections exist.
Failure to disclose a material connection may constitute misleading conduct under the ACL.
7. Prohibited Content
You must not submit Review Content that:
- is known by you to be false, inaccurate or misleading;
- infringes any third party's copyright, patent, trade mark, trade secret or other intellectual property or proprietary rights;
- breaches any person's right of privacy or publicity;
- violates any applicable law, statute, ordinance or regulation, including those governing consumer protection, unfair competition, anti-discrimination or advertising;
- is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, or that is unlawfully threatening or unlawfully harassing to any person or entity;
- you were compensated or received any consideration for submitting, other than as fully and prominently disclosed in the review itself;
- contains references to other websites, street addresses, email addresses, telephone numbers or other personal contact information;
- contains any computer virus, worm, malware or other harmful or disruptive code; or
- could give rise to criminal liability or encourage unlawful conduct.
8. Moderation, Publication, Refusal, Editing and Removal
8.1 Moderation and publication
All Review Content is subject to moderation before publication. Ratings and written reviews are generally published within 10 business days of submission, subject to the volume of reviews received at any given time.
PharmaCare reserves the right, in its sole discretion and to the extent permitted by law, to refuse to publish, withhold, condense, edit or remove any Review Content that it considers, acting reasonably, to violate these Terms or any applicable law.
8.2 Negative reviews — policy against suppression
PharmaCare does not remove or suppress genuine negative reviews solely because they are unfavourable. A review that honestly reflects a negative personal experience with a product is a legitimate contribution to the Review Service and will be treated accordingly.
Reviews are only removed or refused on the grounds set out in these Terms (for example, if they contain prohibited content, are not based on genuine first-hand experience, or are otherwise non-compliant).
8.3 Limited editing for formatting and compliance
Where PharmaCare edits Review Content, any such edit will be limited to formatting adjustments (for example, correcting obvious typographical errors or removing prohibited personal contact information) or changes necessary to bring the content into compliance with these Terms. PharmaCare will not alter the substance, meaning or sentiment of your review.
8.4 No obligation to publish
PharmaCare does not guarantee publication of any Review Content. The decision whether to publish, and in what form, is made at PharmaCare's discretion in accordance with these Terms.
8.5 Confidentiality
Review Content you submit is not treated as confidential. By submitting Review Content, you acknowledge that PharmaCare, its agents, affiliates, partners and service providers are under no obligation of confidence in respect of that content.
9. Licence to Use Review Content
By submitting Review Content, you grant PharmaCare a perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable licence to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Review Content in any form, format or medium now known or hereafter developed, without compensation to you.
This licence includes the right for PharmaCare to use your Review Content in connection with its products, marketing materials, websites, social media channels and other communications, subject to clause 12 (Social Media and User-Generated Content) and clause 11 (Privacy and Personal Information).
You retain ownership of your Review Content and this licence does not affect any rights you hold in it, except as expressly set out in these Terms.
10. Warranties
By submitting Review Content, you represent and warrant to PharmaCare that:
- you are the sole author and owner of all Intellectual Property Rights in your Review Content, or you have all necessary rights and permissions to submit it;
- your Review Content is accurate, honest and based on your genuine first-hand experience;
- your Review Content does not infringe the Intellectual Property Rights, privacy rights or other rights of any third party;
- your Review Content does not violate any applicable law or regulation;
- you have disclosed all material connections as required by clause 6; and
- your submission and our use of your Review Content in accordance with these Terms will not give rise to any liability for PharmaCare.
11. Moral Rights
To the maximum extent permitted by law, you consent to PharmaCare and any person authorised by PharmaCare using, reproducing, adapting and otherwise dealing with your Review Content in any manner permitted by the licence granted in clause 9, without attribution to you as the author and without any obligation to seek your approval for any modification or adaptation.
This consent is given in relation to all acts and omissions that would otherwise infringe your moral rights under the Copyright Act 1968 (Cth) or equivalent legislation, to the fullest extent permissible under applicable law. Nothing in this clause seeks to limit rights that cannot lawfully be waived or consented to.
12. Privacy and Personal Information
PharmaCare collects and handles Personal Information in connection with the Review Service in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
For full details of how we collect, use, disclose and store your Personal Information, please refer to our Privacy Policy, available at: [INSERT LINK TO PHARMACARE PRIVACY POLICY].
When you submit Review Content, PharmaCare may collect your name (or display name), email address, location and information about the product you have reviewed. This information is collected for the purpose of operating and improving the Review Service, verifying eligibility, moderating content and, where you have consented, communicating with you about your submission.
Emails relating to your submission may be sent to you following submission. You may opt out of such communications at any time by following the unsubscribe instructions in any such email.
Your display name (or first name and last initial, as applicable) and the text of your published review may be visible to other users of the website. Please do not include sensitive Personal Information (for example, your full address, financial details or health information) in your Review Content.
14. Complaints and Removal Requests
You may request that your Review Content be removed or withdrawn at any time by contacting us using the contact details set out in clause 17.
We take removal requests seriously. We will use reasonable endeavours to assess and action genuine removal requests within a reasonable time. As a guide, we aim to respond to removal requests within approximately [INSERT TARGET RESPONSE TIMEFRAME, e.g. 15 business days] of receipt of a valid request, although we cannot guarantee a specific timeframe in all cases. Requests will be assessed and actioned as promptly as practicable in the circumstances.
If your request for removal relates to a legal, privacy or safety concern, please identify this clearly in your communication so that it can be escalated appropriately.
We may ask you to provide information to verify your identity before actioning a removal request.
If you wish to make a complaint about a review submitted by a third party, please contact us using the details in clause 17 and provide as much information as possible about the content of concern.
15. Cached, Archived and Syndicated Copies
Where PharmaCare removes or edits Review Content from its website, PharmaCare cannot guarantee that the content will be simultaneously removed from any cached, archived or syndicated copies of the website, search engine caches, third-party review platforms or other locations outside PharmaCare's direct control.
PharmaCare will take reasonable steps to remove content where it has the ability to do so, but accepts no liability for content that continues to appear in locations beyond its control following a removal request.
16. Indemnity and Liability
16.1 Your indemnity
You agree to indemnify, defend and hold harmless PharmaCare and its officers, directors, employees, agents, subsidiaries, affiliates and third-party service providers from and against all claims, demands, losses, costs, damages and expenses (including reasonable legal fees) arising out of or in connection with:
- any breach by you of these Terms;
- any Review Content you submit, including any allegation that your Review Content infringes the rights of a third party or violates any law; or
- your violation of any law or the rights of any person.
16.2 Limitation of liability
To the maximum extent permitted by law, PharmaCare excludes all liability to you in connection with the Review Service, including in respect of any decision to publish, withhold, edit or remove Review Content.
Where any legislation (including the ACL) implies a condition, warranty or guarantee that cannot be excluded, PharmaCare's liability in respect of that implied term is, to the extent permitted by law, limited to resupply of the relevant service or payment of the cost of resupply.
16.3 Australian Consumer Law
Nothing in these Terms limits, excludes or modifies any rights or remedies you may have under the ACL or any other applicable consumer protection law that cannot lawfully be excluded or limited. If you are a consumer within the meaning of the ACL, you may have consumer guarantees that apply to services provided to you, and these Terms do not override those rights.
17. Contact Details
For review removal requests, complaints, privacy enquiries or questions about these Terms, please contact us:
| Entity | Pharmacare Laboratories Pty Ltd |
|---|---|
| Address | 18 Jubilee Avenue, Warriewood NSW 2102 |
| [INSERT REVIEW ENQUIRIES EMAIL ADDRESS] | |
| Phone | [INSERT CUSTOMER CONTACT PHONE NUMBER] |
18. Changes to These Terms
PharmaCare may update or amend these Terms at any time by posting a revised version on the relevant website. Changes will take effect from the date the revised Terms are posted. Your continued use of the Review Service after that date constitutes your acceptance of the updated Terms.
We encourage you to review these Terms each time you submit Review Content.
19. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for the resolution of any dispute arising under or in connection with these Terms.
Appendix A — Optional Checkbox Consent Wording
For use on review submission forms. Select the version(s) appropriate to the brand and platform.
Purpose: The following checkbox wording is designed for display at the point of review submission. The business should implement the wording that best suits the relevant submission form.
Option A — Standard eligibility and terms consent
☐ I confirm that:
- I am at least 18 years of age;
- I have personally used or purchased the product I am reviewing;
- My review is based on my genuine first-hand experience;
- I have disclosed (within my review) any material connection I have to PharmaCare or the product, including receipt of any incentive; and
- I have read and agree to the Customer Reviews Terms and Conditions.
Option B — Expanded eligibility consent (including healthcare/industry declaration)
☐ I confirm that I have personally used the product as intended, that neither I nor any immediate family member is employed in healthcare, by a government regulatory body, or in the production, marketing or supply of this product, and that I have not received payment or any other incentive for this review. I have read and agree to the Customer Reviews Terms and Conditions.
Note for business: Option B reflects the additional declaration introduced in the amended terms. The business should confirm which option aligns with its submission form design and the applicable brand. Both options may be used across different brands or platforms.
Appendix B — Optional Moderation Policy Summary
A plain-English summary for display alongside the review submission form or in a help/FAQ section. Not a substitute for the full Terms.
How we moderate reviews — a plain-English summary
We welcome all genuine reviews — positive and negative. We believe that honest feedback helps other customers make informed decisions, and we do not remove reviews simply because they are critical of our products.
What we check for: Our moderation team reviews all submitted content before it is published. We check that reviews:
- are based on a genuine first-hand experience with the product;
- do not contain false, misleading or prohibited content;
- comply with our Customer Reviews Terms and Conditions; and
- do not contain personal contact information, offensive language or content that could harm a third party.
When we may edit: We may make minor formatting adjustments or remove contact details from a review to comply with these Terms. We will not change the meaning or sentiment of what you wrote.
When we may decline to publish: We may decline to publish content that does not comply with our Terms — for example, content that is defamatory, commercially biased, based on second-hand experience, or that contains prohibited material. We will not decline to publish a review simply because it expresses a negative opinion.
Publication timing: Reviews are generally published within 10 business days of submission.
Removing your review: You can ask us to remove your review at any time by contacting us at consumercare@pharamacare.com.au. We will assess and respond to genuine removal requests as promptly as practicable.
Complaints about a review: If you see a review that you believe is false, defamatory or otherwise in breach of our Terms, please contact us at consumercare@pharamacare.com.au with as much detail as possible.
13. Social Media and User-Generated Content
By submitting Review Content, you also grant PharmaCare permission to share, republish or otherwise use your Review Content across PharmaCare's social media channels, digital marketing materials and third-party platforms (including platforms such as Facebook, Instagram and TikTok), in accordance with the licence at clause 9.
Where your Review Content is used in a social media or digital marketing context, PharmaCare will comply with applicable disclosure requirements, including by identifying the content as originating from a consumer review where required by law or platform rules.
If you do not wish your Review Content to be used in a social media or broader marketing context, please contact us using the contact details in clause 17 before or after submission. We will consider such requests on a case-by-case basis; however, we cannot guarantee that content already shared can be fully retrieved or deleted from third-party platforms outside our control.