Healthy Rewards

All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under general law or by statute, whether expressed or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, Pharmax Healthy Rewards Program, are expressly excluded to the extent permitted by law. 

Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty, or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cwth) or any other National, State or Territory legislation (the ‘Acts’) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty, or other obligation is conferred upon the Customer pursuant to any of the Acts, Pharmax Pharmacy Group sole liability for breach of any such condition, warranty or other obligation is limited to: 

• In the case of goods, supplying the goods or services again or payment of the cost of having the good or services supplied again; 
• In the case relating to any claim relating to points, to crediting that number of points, to the Customer’s Membership; 
• In the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Pharmax Healthy Rewards Program 

To the extent permitted by law, Pharmax Pharmacy Group will not be liable to the Customer (or any other persons claiming under or through a Customer) or any third party for; 

• Any personal injury or death to the customer or third person
• Indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities 
• The loss, theft, destruction of an Pharmax Healthy Rewards Program card or any other reward, gift, point, dollar or benefit. 
• Any delay in replacing a reward, gift, points, dollar or benefit arising out of relating to, or connected to the provision of use of Pharmax Healthy Rewards Program or any reward, dollar, point, goods or service supplied by Pharmax Pharmacy Group Healthy Reward. 

Pharmax Pharmacy Group shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, an act of God, government act, war, fire, flood, storm, explosion or civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, or default by or act of omission of a third party provider, hosting or data center providers or other suppliers or subcontractors.