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Terms & Conditions


- Updated 24 September 2021

 

Welcome to Blooms The Chemist Online.

 

Blooms The Chemist provides you with access to https://www.bloomsthechemist.com.au/ and its associated features and mobile applications (“Site”) subject to these Website Terms and Conditions (“Terms”), which incorporate the Blooms The Chemist Privacy Policy and any other Terms and Conditions which appear or are linked to the Website.

 

If you browse, access, use, or order a product (“Order”) on the Site, you accept these Terms. We many change these Terms at any time. The revised Terms will be available at the Site.

 

The Site is owned and operated by Blooms The Chemist Management Services Ltd (ABN 64 003 584 718) (“Blooms The Chemist”, "we", "our", "us").

 

Access and Use of the Site

 

You may not (or attempt to) interfere with or disrupt the Site, or the servers or networks that host the Site and security related or other features of the Site.

 

You must not change or make additions to, or deletions from, the Site, nor, deface, hack or otherwise interfere with the Site and you must not attempt to do any of these things.

You may not modify, copy, reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site except as permitted by statute or with our prior written consent.

 

You must not use data mining, robots, screen scraping or any other data gathering and extraction tools on the Site.

 

We do not warrant that the Site will be available at all times and without disruption. We reserve the right to interrupt or disable some or all services on the Site at any time. We reserve the right to suspend or deny your access to the Site. We will not be liable to you, or any other party, for termination of access to the Site.

 

You must not link to our Site that suggests that you have any association or affiliation of any kind with us, or an approval or endorsement from us unless you have our prior written approval.

 

Site Content

 

We do not warrant the accuracy, reliability, adequacy or completeness of any Site content. You acknowledge and accept that the Site content may include technical inaccuracies and typographical errors.

 

Information on the Site may be based on material provided by third party suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

 

To the extent permitted by law, we disclaim all liability for loss directly or indirectly arising from your use of or reliance on the Site and the Site content.

 

Information about common medical conditions and their treatment is available on our Site and is in general in nature and not comprehensive, it is not intended to be relied on in the place of expert bespoke medical advice.

 

You should not use information contained on this site to diagnose or treat any health problem or disease. Please seek advice from a registered health care professional   before taking any medication or supplement and if you have ongoing symptoms or health issues. Always read the label prior to taking any new meditation or supplement. The Site content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

 

You agree to keep indemnified Blooms The Chemist from any and all claims, loss or damage arising from your use of the Site and any breach by you of these Terms and Conditions. You agree to keep indemnified Blooms The Chemist from any claim, loss or damage that your use of the Site infringes the intellectual property rights of any third party or is defamatory.

 

Account

 

To place an Order on in on Site you will be required to provide information for a Guest Checkout or to create an Account. You must be at least 16 years old to place an Order and must provide accurate and complete information as requested when placing an Order.

 

You are solely responsible for the activity that occurs on your Account and keeping your Account sign in information secure. We are not responsible for any unauthorised activity on your Account. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

 

You must not use another person’s Account without their express permission. If you suspect that your account has been used without permission, or your password is not secure please take action to secure it and contact help@bloomsthechemist.com.au for assistance and advice.

 

Placing Orders

 

When placing an Order, you must follow the instructions on the Site and pay for your Order by one of the payment methods we accept on the Site. You may elect to store your payment methods to your Account for future purchases.

 

When you place you will receive confirmation of your Order being received via email. This email does not constitute an acceptance of your Order. When an Order has been processed and accepted you will receive a Shipping Confirmation or Click & Collect Order Pick Up Available for Pick Up Confirmation via email forming an agreement between you and us for the supply of the Order.

 

By placing an Order, you authorise us, to perform credit and security checks and, to transmit or obtain information about you to or from third parties. Such information may include details about your credit card number, information required to validate your credit card or obtain an initial credit card authorisation, and to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

 

We may refuse your Order for any reason, including but not limited to unavailability of stock, an error in the price or product description on the Site. If a review of patient information by a pharmacist suggests a contraindication of usage or if, in his/her professional opinion it ought not otherwise to be provided or if we suspect the Order is fraudulent.

 

We have the right to review and limit the amount of, and frequency with which, products are purchased.

 

If you have made a mistake with your Order, please contact help@bloomsthechemist.com.au immediately. Please note we cannot guarantee that we will be able to change your Order.

 

If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

 

Delivery

 

We aim to deliver Orders to the place of delivery requested by you within the time indicated but we cannot guarantee delivery dates or times.

 

We will try to let you know if we don’t expect to be able to meet the estimated Delivery date or time, but, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

 

You may receive multiple deliveries for your Order.

 

By default, you provide authority for us to leave the Order unattended at the place of delivery requested by you, unless ‘authority to leave’ is not an option available for the products you have ordered.

 

If you have provided ‘authority to leave’ and our delivery partner deems the area unsafe, at their discretion, your Order will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to us. If you do not accept re-delivery or arrange collection within two weeks of our first attempt to deliver the Order then we may no longer make the product available for delivery or collection. We will notify you and refund to you in accordance with our Returns Policy.

 

Please take all due care when opening your Order so as not to damage the contents, especially when using sharp instruments.

 

Click & Collect

 

Click & Collect is currently available at selected Blooms The Chemist Stores. See here for locations.

 

Product availability will vary, and not all stores will stock all products available online.

 

We aim to make Click & Collect orders available for pick up within the time indicated but cannot guarantee when your order will be available for pick up from the Click & Collect location chosen

 

We will try to let you know if we do not expect to be able to meet the indicated time for pick up.

 

If you have not collected your Click & Collect order within 48 hours we will try to contact you to confirm that you still wish to pick up your order or if you would like your order to be refunded.

 

Promotions

 

From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms. Additional Terms and Conditions, if applicable, will be available on our Site.

 

We may also undertake joint promotions with third parties from time to time.

 

When you purchase five of the same incontinence items, you will receive and additional free item of the same type at checkout. The five items do need to be purchased in the same online order to apply. This promotion excludes MoliCare Skin Cleansing Foam and MoliCare Protection Cream.

 

Payment methods

 

We accept most major credit cards including Visa and MasterCard. We do not accept international credit cards online.

 

Please provide your exact billing address and contact number to match the details that your credit card bank has on file for you. Incorrect information may cause a delay in processing your Order or refusal to process your Order.

 

Your credit card will be billed immediately your Order is placed. In the event that we cannot fulfil your Order we will refund your payment to your credit card. Refunds may take several business days to appear in your account. If purchasing through PayPal, upon checkout, you will be redirected to the PayPal website where you can select your payment method. If purchasing through Zip Pay or Afterpay payment methods, you will be redirected to these respective websites to complete the transaction.

 

You will be emailed a tax invoice confirming your Order once we receive payment.

 

 

Vaccination and Health Check Appointment Bookings

 

The Website may enable you to book a vaccination or health check with selected Blooms The Chemist pharmacies on selected dates and times. Whilst all reasonable care is taken to ensure booking information is up to date and accurate errors may occur and all bookings are subject to confirmation from your specified Blooms The Chemist Pharmacy. You agree to complete the pre-booking questions truthfully, and to ensure there are no material omissions relevant to your health and the provision of health services by your Blooms The Chemist Pharmacy. Some health services, including vaccinations, have age restrictions and these will be communicated to you in the course of making your booking. You must be at least 16 years old to book an appointment.

Vaccinations and health checks are supplementary to the care and advice provided to you by your doctor. After your vaccination or health check your selected pharmacy may refer you to a General Practitioner for follow-up. Note that vaccinations and health checks are not designed for situations of medical emergency. In the case of medical emergencies or the need for urgent medical attention you should consult your doctor or attend your nearest hospital.

There may be a cost associated with the vaccination or health check. Please contact your selected Blooms The Chemist Pharmacy to confirm the cost of a vaccination or health check.

To ensure that your selected pharmacy is able to meet all patients’ expectations of designated appointment times, please arrive at least 5 minutes prior to your appointment time. The anticipated length of your appointment will be indicated during the booking process.
Please contact your selected pharmacy as soon as possible and no less than 24 hours before your appointment time if you need to reschedule or cancel. In the event that your selected pharmacy needs to cancel or reschedule your appointment, you will be notified as soon as practicable.

Your selected Blooms The Chemist Pharmacy will not share any personal health information provided by you in the course of completing any pre-screening forms or in discussion with a pharmacist other than in accordance with its Privacy Policy. You may access your personal information in accordance with the Privacy Policy by contacting your selected pharmacy.
By making a booking and providing your contact details, you understand that you may be contacted by email, phone or SMS in relation to your appointment.
If a third party is paying for your vaccination or health check, such as your employer or health fund provider, your name may be provided to that third party for the purposes of identification and payment.

Your selected Blooms The Chemist Pharmacy will not share any personal health information provided by you in the course of completing any pre-screening forms or in discussion with a pharmacist other than in accordance with its Privacy Policy and the Privacy Consent Notice which you should read prior to booking your appointment.

 

Blooms Home Sleep Test Terms and Conditions

 

By engaging the services of Blooms The Chemist in conducting a home sleep test, you are certifying that you are 18 years old or older and ordering the services (including home sleep test and/or sleep consultation) for yourself and not on behalf of a third party, unless you advise otherwise.

 

You agree to return the home sleep testing equipment to the Blooms The Chemist location from which it originated in the packaging provided, no more than two days after the date you received it unless agreed with the dispensing location. You are responsible for the equipment until it is returned; if it is lost or stolen while in your possession, you are responsible for the full replacement value of $2,000. We make sure that you receive all sleep testing units in undamaged, working condition. You agree to return the equipment intact and undamaged; you are responsible for the repair/replacement cost of any damaged/destroyed equipment.

 

You understand that paying for the testing service includes the use of the testing device, the scoring of your test data by a physician, and the test results that Blooms The Chemist provides to you. The results can only be shared after the test has been returned.

 

If you have not made acceptable alternative arrangements and do not return the testing unit within Ten (10) days of taking possession of the device, you will be charged the full $2,000 replacement value of the device. If the device is returned to Blooms The Chemist after the $2,000 replacement fee has been charged, and the device is found to be in good working condition, the $2,000 replacement fee will be refunded minus $25 per day since the $2,000 fee was invoiced. *Note: the replacement fee will only be refunded for up to seven (7) days after it was invoiced. After that, Blooms The Chemist must order a replacement unit, so no refund can be given after that time.

 

If you return a testing unit to Blooms The Chemist missing any reusable components, you will immediately be charged for the replacement value of the component. If you return the component at a later date, the replacement charge will be refunded, minus $25 per day from the day the charge is incurred until the day Blooms The Chemist receives the returned item.

 

If you return the testing device to Blooms The Chemist with either no data or insufficient data for interpretation, you will have the option to either pay $35 for another test to be administered, or receive a refund of the testing fee already paid, minus $35 for materials, shipping and handling costs.

 

No late fees will be refunded, even if the test was unused.

 

You agree to discuss with your general practitioner and any relevant specialists regarding your home sleep test results if needed.

 

You agree that home sleep test can result in false negative results.

 

If you are not diagnosed with sleep apnea on the home sleep test, and if you continue to have sleep related symptoms, consider discussing with your general practitioner for further diagnostic testing and treatment.

 

You agree to consult your general practitioner and lawyer if you intend to share the sleep study results for the purpose of employment protection.

 

You must agree to our Terms and Conditions to use Blooms The Chemist sleep testing services.

 

You are accepting Blooms The Chemist Terms and Conditions by purchasing a sleep testing session.

 

Returns & Exchange policy:

 

 In the case of a defective testing unit, you will have the option to schedule a replacement test, or receive a refund of the testing fee already paid. All refunds are issued via the original method of payment.

 

 

Intellectual Property

 

All material on the Site, including but not limited to information, photographs, images, illustrations, artwork, names, logos and trademarks are the intellectual property of Blooms The Chemist and are protected by copyright, trademark or other intellectual property laws.

 

You may not use Blooms intellectual property, or any part thereof, in any way, for any purpose without the prior written permission of Blooms The Chemist.

 

Third Party Websites

 

The Site may contain links to other websites, operated, controlled or produced by Third Parties. Blooms The Chemist is not responsible for any content on Third Party websites and does not control, endorse, sponsor or approve any such third party websites. Blooms The Chemist does not provide any warranty whatsoever for any aspect of Third Party websites, including their content, and makes no representation that Third Party websites do not infringe the intellectual property rights of a third party

 

Product Reviews

 

We may allow you to post product reviews.

 

By posting a product review you grant Blooms The Chemist a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content on the Site. By posting a product review you grant up the right to use the name you submit. By posting a review you represent and warrant that you own or otherwise control all of the rights to the content that you post and that, it does not infringe the intellectual property rights of any third party. You also warrant that the content of your posts will not breach any applicable laws nor defame any person and you hereby indemnity Blooms against all claims, losses and damage caused by or arising from your posts.

 

We reserve the right to remove product reviews at any time for any reason.

 

Limitation of Liability

 

To the extent permitted by law, Blooms The Chemist shall not be responsible for any damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of the Site or your use of or reliance upon any of the information, services or materials contained in, or provided by the Site.

 

Price Match Policy

 

Blooms The Chemist will price match any available product under the following terms and conditions:

Maximum purchase quantity of 3 of each product.

The customer will need to provide proof of valid online pricing or current catalogue. Previous receipt or box will not be acceptable.

Price match is not available on products that are:

- Exclusively sold online.

- Available at online-only stores.

- Available on international websites.

Price match is not applicable on products available at another store if the product is:

- Out of stock.

- Short dated.

- On clearance or discontinued.

- Part of promotional offers ie. 50% Off or Buy One Get One Free.

For online purchases, the customer must email Blooms The Chemist at help@bloomsthechemist.com.au with valid proof of online pricing. Blooms The Chemist will provide the customer with a coupon to use at time of purchase to receive the price matched item.

 

Jurisdiction

 

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. In the event that a dispute arises in relation to these Terms, each of Blooms The Chemist and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.

 

 

Multibuys

Multibuy promotions valid on selected items only. Products subject to availability, while stocks last. Not valid in conjunction with any other offer. Always read the label. Follow directions for use.

 

 

Double Reward Points

Double Reward Points valid on selected items only. This offer is exclusive to Blooms The Chemist My HealthRewards members. Products subject to availability, while stocks last. Not valid in conjunction with any other offer. Always read the label. Follow directions for use.

 

 

Incontinence Buy 5 Get 1 Free

Buy 5 Get 1 Free valid on selected items only. Valid online only. Not valid for Click and Collect Orders. Products subject to availability, while stocks last. Not valid in conjunction with any other offer.

 

Ego QV 1L GWP

Receive a free QV Gentle Wash 250ML when you buy any 1L/Kg product. Only purchases from Blooms The Chemist website directly. Valid for delivery orders only. Not valid on Click & Collect orders. Products are subject to availability while stocks last.

 


Pediasure GWP
Receive a free Growth Chart with any Pediasure 850g Flavour or Organic 800g product. Only purchases from Blooms The Chemist website directly. Valid for delivery orders only. Not valid on Click & Collect orders. Products are subject to availability while stocks last.

 

 

 

 

 

Blooms The Chemist Mother’s Day 2024 COMPETITION

 TERMS AND CONDITIONS

 

1.                Information on how to enter and the prizes form part of these Terms and Conditions.

2.                Participation in this promotion is deemed acceptance of these Terms and Conditions.

3.                The Promotion is run by Blooms The Chemist Management Services Ltd (ABN 64 003 584 718) of Suite 1, Level 1, 15 Bourke Rd, Mascot, NSW 2020 (“Promoter”).

4.                Entry is only open to Australian residents who are aged 18 years or over and are a My HealthRewards Member (“Entrants”).

5.                Entries into the promotion open at 9am AEST on 16/04/2024 and close at 11:59pm AEST on 28/04/2024 (“Promotional Period”).

6.                This Blooms The Chemist Mother’s Day 2024 Competition (“Campaign”) is a game of skill and chance plays no part in determining the winner.

7.                To be eligible to enter, individuals must participate in the Mother’s Day Competition (“Qualifying Action”).

8.               To enter, individuals must ensure they fill out all required fields on the entry forms, including Full Name, email address, and respond to the question: In 25 words or less, share the best piece of advice you’ve ever received from your mum (or mother figure), and submit the fully completed entry form during the Promotional Period (“Entry”).

9.               Judges will take into account the accuracy, the quality, originality and insight of the Entry as well as the relevance of the Entry to the Campaign, and any other factor that the judges consider relevant in determining the winner(s) of the Prize (“Judging Criteria”).

10.          The Campaign is limited to one entry per participant.

11.      Employees (and the immediate family members) of the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

12.            The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole and absolute discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's sole and absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

13.            Entries not completed in accordance with these Terms and Conditions will be rejected and any late, incomplete, indecipherable, or illegible Entries will be deemed invalid.

14.            Where the Entry caps the maximum amount of time allowed, only the first words up to that cap will be considered as part of the Entry and all subsequent words will be disregarded.

15.            If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole and absolute discretion, to determine the identity of the entrant.

16.            Any costs associated with applying, entering or participating in the Campaign (including internet access and download charges) will be at the cost of the Entrant.

17.            Entrants agree to their Entry being used by the Promoter in the future and grant the Promoter a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable transferable license to use, reproduce, modify, adapt, publish and display the Entry for any purpose in any media without compensation, restriction on use, attribution or liability. Entrants warrant that they have full authority to grant these rights and will not assert any moral rights in respect of the Entry.

18.            Entrants warrant and agree that:

a)       They will not submit, produce, upload or share any content that is fraudulent, or may be in breach of any intellectual property, privacy or other rights;

b)       No rights in the Entry have been previously granted to any person, corporation or entity;

c)       They will obtain full prior consent from any person who has jointly created or has any rights in the Entry or who appears (or who's property appears) in the content forming part of the Entry;

d)      They will comply with all applicable laws and regulations including without limitation those governing copyright, content, defamation, privacy, publicity and the access of use of others' computer or communication systems.

19.            Without limiting the above, the Entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter as a result of any breach of the above warranties.

20.            Entrants understand, acknowledge and agree that:

a)       Their Entry (or parts thereof) may be posted on the Promoter’s and Participating Stores’ direct marketing channels, website and social media channels and available for public viewing; and

b)      By participating in this Campaign, information, links or names may be displayed on the direct marketing channels, website or social media channels of the Promoter’s and/or Participating Stores.

21.            Unless expressly permitted by these Terms and Conditions, participation in this Campaign does not entitle any person or Entrant to use any of the Promoter’s intellectual property rights (including any trademark or content) for any purpose.

22.            At the end of the Promotional Period, the Promoter will judge all valid Entries received during the Promotional Period taking into account the Judging Criteria.

23.            There will be five (5) winners of an AU$ 650 Mother’s Day Gift Pack selected from the Mother’s Day Competition entries received throughout the Promotional Period. The entries will be reviewed at Blooms The Chemist Head Office - Level 1, 15 Bourke Rd, Mascot NSW 2020 within the first five (5) business days after entries close. For the avoidance of doubt, no judging will be conducted during the weekend or on a public holiday in the State of New South Wales (NSW). The Promoter may select additional reserve entries and record them in case an invalid entry or ineligible entrant is selected. The winners will be notified in writing within five (5) business days of the winners [TG1] being selected.

24.      The winners will win the Prize valued over AU$ 650. Prize includes:

1)    Aveeno Hand Cream 100gm

2)    Aveeno Skin Relief Lotion 354ml

3)    Aveeno Skin Relief Body Wash 354ml

4)    REDWIN SORBOLENE MST 1.1L

5)    Neutrogena Rapid Wrinkle Eye Cream 14ml

6)    Neutrogena Rapid Wrinkle Repair Night Moisturiser 29ml

7)    Neutrogena Rapid Wrinkle Repair Day Moisturiser SPF15

8)    Neutrogena Makeup Remover Cleansing Towelettes 25pk

9)    Neutrogena Rapid Wrinkle Repair Oil Face Serum 30ml

10) NIVEA Hyaluron Sheer Rose Lip

11) NIVEA Pomegranate Lip

12) NIVEA Strawberry Lip

13) NIVEA Lift Day Cream

14) NIVEA Lift Night Cream

15) NIVEA Crème 60mL

16) QV Face Night Cream

17) QV Face Hydrate and Renew Serum

18) QV Face Eye Cream

19) QV Hand Cream

20) SKIN DOCTORS Collagen Renew

21) Femfresh Daily 20PK wipes

22) Femfresh Daily Wash

23) Swisse Beauty Hair Skin Nails 60 Tab

24) Swisse Ultiboost Fast Acting Vitamin D3 90 Tab

25) Swisse Womens Ultivite 30 Tab

26) Mega Magnesium Relax Tablets

27) Her Multi 60 tablets

28) Lady-Lac® Cranberry 60,000 with Probiotics 30 capsules

29) Probiotic Mouthwash

30) Blackmores Sleep Mask

25.      The Promoter accepts no responsibility for any lost or misdirected mail, or any damage to prizes caused in transit to the Winner’s nominated address.

26.      Prize values are accurate as of the commencement date of the Promotion. Any variations after that date are beyond The Promoter’s control. All costs, fees, charges or expenses associated with the prize(s), are the responsibility of the winner(s).

27.            The Promoter’s decision is final and no correspondence will be entered into.

28.            Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified in writing. No change will be provided for unspent portions.

29.            The Promoter will not be liable for any Prizes that are lost, stolen, damaged or tampered with after it is awarded.

30.            The Winner may elect to have its prize delivered. If the Winner elects to have its Prize delivered The Promoter will use its reasonable endeavours to deliver the Prize to the Winner’s selected address within 28 calendar days of the Winner notifying the Promoter of its selected delivery address.

31.            If the Promoter is unable to contact a Winner, or the Winner does not claim their Prize within three (3) months of being notified they are a Winner, then that Winner will forfeit their Prize and no cash or other prize will be awarded in lieu.

32.            It is an Entrant’s responsibility to notify the Promoter if their personal details change during the Promotional Period. If a Winner fails to provide a valid or complete email address for delivery of the Prize, or delivery has not been successful to an address provided (after reasonable attempts by the Promoter) the Prize shall be forfeited by the Winner.

33.            Prizes are not transferable or exchangeable and cannot be taken as cash. If any Prize is unavailable, the Promoters may at its sole and absolute discretion substitute the Prize with a prize of equal value.

34.            All Entries become the property of the Promoter.

35.            As a condition of accepting a Prize, a Winner may be requested to sign legal documentation in the form required by the Promoters, including a release and indemnity form.

36.            Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome).

37.            If this Campaign is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole and absolute discretion, to the fullest extent permitted by law:

a)       to disqualify any Entrant; or

b)       subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

38.      The Promoter may in its absolute discretion, but subject to State and Territory laws, modify, suspend, cancel, recommence or extend this Campaign as appropriate if:

a)       for any reason, this Campaign is not capable of running as planned due to technical, hardware or software failures or interferences, or changes to third party sites or platforms, which affect the administration, operation, security, fairness, integrity or proper conduct of the Campaign;

b)       the level of interest or participation in the Campaign is insufficient or there has been some delay in commencing the Campaign; or

c)       the Entry determination of Winners or delivery of Prizes is prevented, hindered or affected by any external agent or event beyond the reasonable control of the Promoter.

39.            If any term or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms, agreements and conditions shall not be affected.

40.            If the Prize is to be provided to the Promoter by a third party, the Prize is subject to the terms and conditions of the third party prize supplier and the provision of the Prize is the sole responsibility of the third party not the Promoter. The terms and conditions which apply to the Prize at the time it is issued to the Winner will prevail over these Terms and Conditions, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any delay or failure relating to the Prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.

41.            Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

42.            Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:

a)   any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

b)   any theft, unauthorised access or third party interference;

c)   any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

d)   any variation in prize value to that stated in these Terms and Conditions;

e)   any tax liability incurred by a winner or entrant; or

f)   use of a prize.

43.           The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.bloomsthechemist.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

 


 [TG1]These timelines do not align with 14 May, do you want to be more specific? (it doesn’t really matter as it gives us more time)