Terms and Conditions of Save Lungs Save Lives Pty Ltd

Smoking Cessation Products can only be prescribed to Australian adults aged 18+. To use our services as a patient, you must agree to the terms and conditions in this agreement and understand that you are bound by them for the term of your association with Save Lungs Save Lives. Additionally, you are required to provide consent at other times and in other forms as required by Save Lungs Save Lives.

 

Terms and Conditions of use as the Patient

The Save Lungs Save Lives website (the “Website”) is owned and operated by Save Lungs Save Lives Pty Ltd. These Terms and Conditions, our policies, additions to the Website and all other published items, form a legally binding agreement (the “Agreement”). This Agreement binds you (the “Patient”) and your access and usage of the Save Lungs Save Lives Website, orders you place through the Website or otherwise, and usage of the products and services available through the Website.

You, the Patient, are bound by this Agreement and you consent to abide by the Terms and Conditions details in this document when you purchase our products and use our services.

If you, the Patient, do not agree to be bound by this agreement, do not register as a Patient until you have spoken to one of our representatives.

 

Limited Liability

You expressly understand and agree that under no circumstances will Save Lungs Save Lives, 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. You agree to read and accept all prescription product information available, and adhere to prescription product instructions. You agree that the all prescription medications, including nicotine vaping products, have possible known and unknown adverse effects, and as such hold harmless Save Lungs Save Lives and any associated person or entity.

 

WARNING: Save Lungs Save Lives prescribes products containing nicotine. Nicotine is an addictive chemical. KEEP OUT OF REACH OF CHILDREN, AVOID CONTACT WITH EYES. AVOID CONTACT WITH SKIN.

 

Save Lungs Save Lives prescribes both registered and unregistered products on the Australian Register of Therapeutic Goods (ARTG). Unapproved medications can only be prescribed through the Special Access Scheme (SAS), the Authorised Prescriber Scheme (AP) or by Clinical Trial as they are unapproved therapeutic goods. Unapproved therapeutic goods have not been evaluated for quality, safety, efficacy or performance. Therefore, the prescribing health practitioner must consider the available evidence to support the use of the unapproved product and any potential risks for the individual patient. The responsibilities of the prescribing health practitioner include adhering to relevant standards of the goods medical practice and obtaining informed consent. The long-term health risks of unapproved nicotine vaping products, even those that comply with TGO 110, are still unclear. Save Lungs Save Lives patients are provided educational resources and tools to help with smoking cessation. Further Save Lungs Save Lives connects patients to nationwide initiatives on the shared mission of making Australia a healthier place.

 

Who is Eligible to Use the Website or Purchase a Save Lungs Save Lives Product or Service?

This Website is only intended for use by Australian adults aged 18+. In order to use our services and this Website, the Patient must have the legal capacity to enter into a binding agreement and be bound by this agreement for the term of the Patient’s association with Save Lungs Save Lives.

 

Your (the Patient’s) Use of the Save Lungs Save Lives 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 usage 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. 

 

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, Save Lungs Save Lives 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. Save Lungs Save Lives 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. Save Lungs Save Lives makes no warranties as to the results , and the patient acknowledges that results can vary,

 

Links to third party websites

The Website may provide links to other websites or resources, including advertisers, over which Save Lungs Save Lives has no control. These links are provided for the Patient’s convenience and should not be viewed to be an endorsement by Save Lungs Save Lives of that third party site’s content, product or services. The Patient’s access, view and use of these links, is at their own risk. Save Lungs Save Lives makes no representations or warranties with respect to the content, ownership or legality of any third party linked websites. The Patient agrees that Save Lungs Save Lives has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third party websites or resources. When the Patient leaves the Website via a link to another website, they are subject to that site’s Privacy Policy, Terms of Use and other policies applicable to that site.

 

Product or Services available on or through the Website

Save Lungs Save Lives 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. Save Lungs Save Lives takes all means available to ensure that information on the Website is current and up to date. Save Lungs Save Lives does not warrant that services available and the descriptions are free from errors or available. Save Lungs Save Lives descriptions of, or references to, products or services not owned by Save Lungs Save Lives are not intended to imply endorsement of that product, or constitute a warranty by Save Lungs Save Lives unless expressly stated on the Website.

 

Electronic Documents and Signatures

All information communicated on the Website is considered an electronic communication. When the Patient communicates with Save Lungs Save Lives through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. The Patient agrees that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to the Patient 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.

The Patient acknowledges and agrees that by clicking on website buttons with the labels “SUBMIT”, “I ACCEPT”, “I AGREE”, “BOOK NOW” or similar, they are agreeing to acknowledgement via a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitutes an agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, the Patient agrees to the usage of electronic signatures, notices, policies, agreements, records and any other electronic messaging via the Website. Furthermore, the Patient hereby waives 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.

 

Indemnification

You agree to indemnify Save Lungs Save Lives 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) the Patient’s 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 Save Lungs Save Lives 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 Save Lungs Save Lives 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 Save Lungs Save Lives 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 Save Lungs Save Lives liability, and pre-dispute, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision.

 

Unapproved products

Save Lungs Save Lives prescribes products that are both approved and 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.

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. It is important to note that the long-term health risks of unapproved nicotine vaping products are unknown. Patients are required to discuss the suitability of using unapproved therapeutic products with their Doctor before being prescribed any products from Save Lungs Save Lives. Patients acknowledges that the health practitioner discuss the potential risks and benefits in taking nicotine vaping products and other prescriptions.

The patient hereby explicitly agrees to indemnify and hold harmless Save Lungs Save Lives 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 prescribed from Save Lungs Save Lives.

 

Modifications to the Website Terms and Conditions

Save Lungs Save Lives may make changes to these Terms of Use and Conditions, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you.

 

Trademarks

All trademarks and service marks displayed on the Website are the property of a Save Lungs Save Lives company or other respective owners. You may not use or display any trademarks or service marks owned by any Save Lungs Save Lives 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

Save Lungs Save Lives 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, Save Lungs Save Lives 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 Save Lungs Save Lives (quit@savelungssavelives.com) 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.