Terms and Conditions of Use of Quick Pods Australia Pty Ltd, trading as Smart Stop.
Terms & Conditions of Use: Products are intended for adults age 18 or older. To place an order you must be an adult and have the legal capacity to enter into a binding contract with us. You agree to be bound by the terms & conditions of use, and that you are aware of the applicable age in your state. Importantly if you are a patient you will require a prescription and if you are pharmacy, distributor or wholesaler you will be required to provide the appropriate paperwork and licenses to demonstrate compliant capability to be able to order the products.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE
This website (the “Website”) is owned and operated by Quick Pods Australia Pty Ltd, doing business as Smart Stop (“Quickpods”). These Terms and Conditions of Use and any amendments or supplements to it and any other posted policy form a legally binding agreement (the “Agreement”) between you and Quickpods. This Agreement governs your access to and use of this Quickpods Website, any order you place through this Quickpods Website or other method of purchase, and, as applicable, your use or attempted use of the products and services offered on or available through one of the sites.
Your purchase of a Quickpods product or service and/or use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE OR USE THIS WEBSITE.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 18 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
- Who is Eligible to Use the Website or Purchase a Quickpods Product or Service?
This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years or older and have the legal capacity to enter into a binding contract with us. Importantly if you are a patient you will require a prescription and if you are pharmacy, distributor or wholesaler you will be required to provide the appropriate paperwork and licenses to demonstrate compliant capability to be able to order the products.
- Your Use of the Website
You must only use the Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent):
2.1. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
a. modify, distribute or re-post any content on the Website for any purpose;
b. use the content of the Website for any commercial purpose whatsoever.
- When using the Website, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- not to disrupt or interfere with any other user’s enjoyment of the Website and affiliated or linked websites;
- not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any Quickpods trademark, logo or other proprietary information (including the images found on the Website or on any Quickpods social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company’s written consent;
- not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- not to use meta tags or any other “hidden text” utilizing a Quickpods company name, trademark or product name without Quickpods’s written consent;
- not to deep-link to the Website without the company’s written consent;
- not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- to be bound by the company’s submission policies, including that of any product, service, or idea you submit to any Quickpods company via this site or other site wherein your submission will not be held in confidence by Quickpods and is not proprietary, that Quickpods may use the submission and any aspect thereof for any purposes in Quickpods’s sole discretion and that Quickpods owes no duties or obligations with respect to you or the submission you made; and
- to comply with all applicable laws regarding your use of the Website
- Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Quickpods company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
- No Warranty; Disclaimer
- The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Quickpods expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. Quickpods does not make any warranty that the Website will meet any requirements, or that access to the Website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Quickpods makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality or reliability of any information obtained through any Quickpods Website, including but not limited to any live chat or static or dynamic content.
- You understand and agree that any material or data downloaded or otherwise obtained through the use of the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. No advice or information, whether oral or written, obtained by you from Quickpods or through the Website shall create any warranty not expressly made herein.
- Links to third party websites
- Product or Services available on or through the Website
Quickpods reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. Quickpods takes reasonable steps in an effort to insure that the data set forth on the Website are correct, and to accurately describe and display the items available on the Website. However, when obtaining products or services, please note that Quickpods does not warrant that product or service descriptions are accurate, complete, current, or error-free. Quickpods’s descriptions of, or references to, products or services not owned by Quickpods are not intended to imply endorsement of that product, or constitute a warranty by Quickpods unless expressly stated on the Website. Notwithstanding the foregoing, in the case of a material change in the terms of an automatic renewal program that you have accepted, Quickpods will provide you with a notice of the material change and information regarding how to cancel the program.
- Errors and Product or Service Unavailability
Prices, availability and other purchase terms are subject to change at any time and generally without notice. We make every effort to provide accurate pricing information and to insure product or service availability, however, Quickpods reserves the right to revoke any offer to correct errors, inaccuracies or omissions, including after receiving an order has been submitted, confirmed.
- Electronic Documents and Signatures
- All information communicated on the Website is considered an electronic communication. When you communicate with Quickpods through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitutes your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.
- Limited Liability
You expressly understand and agree that under no circumstances will Quickpods, its suppliers, representatives, affiliates or agents, be liable for direct, indirect, special, incidental or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, costs of procurement of substitute services, or any other direct or indirect, special incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and of any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use the Website; (2) the use of, or the inability to use, items or services purchased on or through the Website; or (3) the cost of procurement of substitute services or items.
11.1. You agree to pay for all purchase orders you place through the Website. Except where noted otherwise, the prices displayed for Quickpods products represent the full retail price listed on the product itself. All prices are quoted and payable in AUD dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed. Your purchases may also be subject to GST or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Quickpods at the time of your purchase, in which case Quickpods will submit your taxes and/or duties to the appropriate authority on your behalf. Quickpods shall not be responsible for failure to pay taxes or duties you owe, unless Quickpods has collected such taxes or duties at the time of the purchase.
11.2. In the event that you dispute the amount or validity of any payments made to Quickpods through this Website, you must notify Quickpods in writing, within two (2) days of payment, of any such dispute by email to Quickpods at [email protected]. You expressly agree that your failure to notify Quickpods of any dispute within two (2) days of payment will constitute your express waiver of any claims related to the disputed payment.
11.3. You agree that you will pay all costs and expenses of collection, including legal fees, incurred by Quickpods in the event of failure to make payment.
- Cancellation policy
Orders submitted cannot be cancelled once payment has been made.
- Return policy
Quickpods does not accept return of any products and/or will not issue any refund of any purchases that have been made on the Quickpods website. Because of the nature of the products sold through the Website, for sanitary and health reasons, Quickpods does not accept returns of and will not issue refunds for new and unused devices.
- Damaged, incomplete or incorrect orders
You have a guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. Please report damaged, incorrect, or incomplete orders to us within two (2) days after receipt by email to [email protected]. If you received an order shipped from Quickpods that is damaged, incorrect, or incomplete, please contact Quickpods, no later than two (2) days after receipt to explain the problem with your order and to request a replacement of goods. Quickpods may require you to return damaged items, in which case Quickpods will pay for the cost of return shipment. Quickpods does not repair damaged devices nor does Quickpods provide spare parts for repair.
- Product resale or other exploitation prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from Quickpods without prior written permission of an authorized representative of Quickpods. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
You agree to indemnify and hold harmless Quickpods and all directors, officers, employees, agents, shareholders, contractors, co-branders, suppliers and affiliates from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind including, without limitation, reasonable legal fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims relating to the provision of personal information (e.g., telephone number) to Quickpods that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.
- Termination, Suspension, Revision of Website
You agree that Quickpods may, in its sole discretion and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that Quickpods shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification and disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Quickpods’s liability, and pre-dispute, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision.
- Unapproved products
18.1. Quickpods sells products that are unapproved by the Therapeutic Goods Administration (TGA). Unapproved therapeutic products have not been evaluated by the TGA for quality, safety, efficacy or performance. Therefore, the prescribing health practitioner must consider the available evidence to support the use of the unapproved products and any potential risks for the customer.
18.2. The responsibilities of the prescribing health practitioner include adhering to relevant standards of good medical practice and obtaining informed consent. The prescribing health practitioner also accepts responsibility for the use of an unapproved therapeutic product and any associated adverse reactions. This does not mean that unapproved nicotine vaping products that comply with TGO 110 have TGA approval.
18.3. The long-term health risks of unapproved nicotine vaping products, even those that comply with TGO 110, are still unclear and the evidence of their potential efficacy for smoking cessation is currently mixed.
18.4. Customers are required to discuss the suitability of using unapproved therapeutic products with a health practitioner before purchasing any products from Quickpods. The Customer acknowledges that the health practitioner has discussed and is aware of the risks in taking nicotine and non-nicotine vaping products.
18.5. The customer hereby explicitly agrees to indemnify and hold harmless Quickpods and all directors, officers, employees, agents, shareholders, contractors, co-branders, suppliers and affiliates from and against any and all liability, losses, harm, claims, demands, disputes, damages and costs with regards to a product purchased from Quickpods, once the customer has obtained a prescription from a health practitioner for that product.
- Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver
Please read this arbitration provision carefully to understand your rights. You agree that any claim that you may have in the future must be resolved through binding arbitration. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
20.2. Quickpods agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Quickpods. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, Quickpods and/or any affiliated person, company and/or agent. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration.
- Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Quickpods, you will first give Quickpods an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to Quickpods, including, but not limited to, information or representations related to the product or service upon which you rely. You agree to negotiate with Quickpods or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within thirty (30) days after Quickpods’ receipt of your written dispute, you agree to the dispute resolution provisions below.
- Commencing Arbitration
You and Quickpods agree to commence any arbitration proceeding within three (3) months after the Claim arises (the three (3) month period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after three (3) months shall be barred.
- Arbitration Location
The arbitration will be conducted in the state of Melbourne, Australia. It may be held by (video) telephone and/or through written submissions.
- Organization, Rules and the Arbitrator
24.1. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen in accordance with ACICA Arbitration Rules and Procedures (see https://acica.org.au/) and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal or visiting its website. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability or enforceability of these Terms and Conditions of Use and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Quickpods.
24.2. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses.
- Award in Arbitration Proceedings
26.1. Notwithstanding the applicability of the provisions stated in these Terms & Conditions, the arbitrator shall follow Melbourne, Australia laws and any ordered relief shall be binding. The arbitrator may not award costs or fees to a prevailing party.
26.2. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, nominal, punitive, indirect, consequential, or exemplary damages, including damages for lost profit. The parties explicitly waive any right to recover any such damages.
The arbitration provisions survive termination of your account or relationship with Quickpods’ bankruptcy, assignment or transfer. If a portion of these arbitration provisions is deemed unenforceable, the remaining portions of these arbitration provisions shall remain in full force and effect.
Quickpods reserves the right to amend the arbitration provisions at any time. Your continued use of the Quickpods Website, purchase of a product or service on or through a Quickpods website, or use or attempted use of a Quickpods product or service, is affirmation of your consent to such changes.
- Quickpods Remedies
In order to prevent or limit irreparable injury to Quickpods, in the event of any breach or threatened breach by you of the provisions of this Agreement, Quickpods shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Quickpods from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
All trademarks and service marks displayed on the Website are the property of a Quickpods company or other respective owners. You may not use or display any trademarks or service marks owned by any Quickpods company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
- Copyright Policy
Quickpods respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Quickpods may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Quickpods ([email protected]) with the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury (e.g. notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Verification Methods & Breach of Age Restriction.
Quickpods reserves the right to request a form of identity and the last 4 digits used of the customer’s credit card, to confirm that the customer is 18 years or older and that the credit card belongs to him/her. This request can be made on first orders, large orders and when Quickpods deems it necessary to ensure the safety and abidance of the terms and conditions by the customer. If it is deemed that the customer is under the age of 18, the decision to refund the funds is at the sole discretion of Quickpods. For fraudulent orders or orders from minors (persons below 18 years), funds will not be refunded.
- Pharmacy Marketing Group
Quickpods is acting as a pharmacy marketing group on behalf of Amcal Pharmacy Prahran.
WARNING: Quickpods products contain nicotine. Nicotine is an addictive chemical. KEEP OUT OF REACH OF CHILDREN, AVOID CONTACT WITH EYES. AVOID CONTACT WITH SKIN.