Terms of Use

Thank you for visiting the samplesnow.com.au website (the "Site").  The Site is designed to provide a convenient, private and informative online experience for health care professionals to access samples and starter packs as well as information of prescription products, non-prescription products, natural medicines, nutritional products and other medical products. Accessible 24 hours a day, 7 days a week, the Site offers an easy and convenient method of ordering pharmaceutical samples and starter packs online.

Samplesnow.com.au (“Samples Now”) want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms and conditions following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Samples Nowand You both agree that the provision of Your information by registering to use the Site, is good consideration in exchange for the information and product You receive. Your placement of an order also indicates your acceptance of these terms and conditions.

INFORMATION DISCLAIMER

All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease.­ No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. Any information provided is not to be taken as any sort of medical advice whatsoever.­ You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN AS MEDICAL DIAGNOSIS OR TREATMENT.

COPYRIGHT AND TRADEMARK NOTICE

This Site is owned and operated by Samples Now. Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright and trademark laws. All audio and video clips are the sole property of Samples Now or their respective content providers. All software used on the Site is the sole property of  Samples Now or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and may be protected in all of the forms, media and technologies which exist now or are developed in the future. You may use the content of this Site only for the purpose of placing an order on this Site or to seek information or Services provided by Samples Now and for no other purpose. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Samples Now’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS PROVIDED

EXCEPT AS EXPRESSLY STATED HEREIN, Samples Now MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS PROVIDED BY WAY OF THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, Samples Now EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS PROVIDED BY WAY OF THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' OUTLINED IN THE AUSTRALIAN CONSUMER LAW, IF APPLICABLE (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Samples Now ARISING FROM ANY PRODUCT OR INFORMATION PROVIDED ON THE SITE SHALL BE THE VALUE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Samples Now , ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR ANY RELATED PARTIES, ASSOCIATES, OR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO ANY PRODUCTPROVIDED BY WAY OF THE SITE. PRODUCTS DISPLAYED ON THE SITE ARE FOR ILLUSTRATION PURPOSES ONLY. PRODUCTS MAY VARY IN COLOUR, SHAPE OR SIZE. 

DISCLAIMER FOR USE OF SITE 

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL Samples Now , ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION Samples Now  DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.

FURTHER, Samples Now EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. Samples Now  CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST Samples Now WITH RESPECT TO SUCH SITES.

UNDER NO CIRCUMSTANCES SHALL Samples Now OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Samples Now HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF Samples Now, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

You agree to indemnify and hold Samples Now, and its directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another.

YOUR ACCOUNT OBLIGATIONS 

In consideration of your use of the Site, you agree to:

(a)	provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Information") and
(b)	maintain and promptly update the Registration Information to keep it true, accurate, current and complete including maintaining your AHPRA registration details.

If you provide any information that is untrue, inaccurate, not current or incomplete, or  Samples Now has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Samples Now  may suspend or terminate your registration and refuse any and all current and future use of the Site.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify Samples Now  of any unauthorized use of your password or account or any other breach of security.  Samples Now consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. Samples Now uses the information only for the limited purposes of processing your orders, for statistical purposes to improve the Site and services to you, to administer the Site, and to notify you of products or special offers that may be of interest to you.

You acknowledge that you will continue to meet the obligations under your AHPRA registration and the Medicines Code of Conduct. You acknowledge that you are not permitted to receive the products if you cease to be registered, and you cannot on-sell any of the products or supply the products to persons outside of Australia.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify Samples Now’s acceptance of your order. Samples Now reserves the right at any time after receipt of your order to accept or decline your order for any reason. Samples Now reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Samples Now may require additional verifications or information before accepting any order.

YOUR CONDUCT 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Samples Now  for use in accessing the Site.

SAMPLES NOW’S RIGHTS

Samples Now may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. Samples Now is not responsible for screening, policing, editing, or monitoring such Content.

Samples Now may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Samples Now, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or Samples Now.



APPLICABLE LAW

As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia or another Australian jurisdiction. 

TERMINATION

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in Samples Now’s sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Samples Now  may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that Samples Now  shall not be liable to you or any third-party for any termination of your access to the Site.

GENERAL INFORMATION

These Terms and Conditions constitute the entire Agreement between Samples Now and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Samples Now’s  failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

LIMITED QUANTITIES

Samples Now reserves the right to monitor and limit the amounts of products ordered at its sole discretion.