Please read these terms carefully before using our services.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and XTENDER HEALTH SOLUTIONS PTY LTD (ABN 74 694 974 984, ACN 694 974 984) ("Xtender", "we", "us", or "our") governing your access to and use of the Xtender platform, website, applications, and related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
To use our Services, you must:
To access certain features, you must create an Account. You agree to:
You are solely responsible for all activities that occur under your Account.
Xtender provides pharmacy management software solutions, including order tracking, delivery management, customer SMS communications, and related services.
Access to our Services requires a paid Subscription. Subscription details and pricing are set forth on our website. We may offer free trial periods and promotional offers — see the "Free Trials, Promotional Offers and SMS Credits" clause below.
We may offer free trial periods and promotional offers at our discretion, including offers of free subscription months and complimentary SMS, email, or other message credits. The specifics of each offer — its duration, any included credits, and the pricing that applies after the trial — are stated at the time the offer is made (for example, on our signup page or in your invitation).
Founding Pharmacy offer. Where stated, this offer comprises three (3) months' free access plus 200 complimentary SMS credits, followed by a subscription of $29 per month (inclusive of GST) locked for 12 months, unless you cancel before the end of the trial period. The locked rate applies to the subscription fee only, not to message credit rates.
End of trial. Before your trial ends, we will notify you of the applicable subscription fees. Unless you cancel before the trial ends, your Subscription continues on the notified paid plan and the "Fees and Payment" clause applies. If a payment method has not been provided when the paid period starts, we may suspend the Account until payment is arranged; data is then handled in accordance with the "Termination" clause, and you may export your data first.
Nothing in this clause limits your rights under the Australian Consumer Law.
Message credit pricing is variable. Per-message rates for SMS, email, and other message channels may change from time to time; current rates are shown within the Services. Rate changes apply to future purchases and future usage only — they are never applied retroactively to credits you have already purchased. Fixed-price commitments (such as a promotional locked monthly subscription rate) are honoured for their stated period and apply to the subscription fee only.
Cost-based variation. We may vary our fees and/or these Terms on at least 30 days' written notice where our underlying costs materially increase, including costs of hosting and infrastructure, insurance, telecommunications carrier rates, or regulatory and compliance obligations. If you do not accept a variation made under this clause, you may terminate your Subscription without penalty at any time before the variation takes effect; your continued use of the Services after the effective date constitutes acceptance of the variation.
You must not:
You retain ownership of all Content you upload to the Services. By uploading Content, you grant us a licence to use, store, and process your Content solely to provide the Services to you.
For health-related data, you remain responsible for compliance with applicable health records legislation.
You direct and authorise Xtender and its authorised personnel to access your Account and your Content — including by administrative login to your tenant environment — where reasonably necessary to:
Administrative access under this clause is limited to what is reasonably necessary for the relevant purpose, is recorded in an audit trail, and is performed only by personnel bound by confidentiality obligations.
Where your Content includes health information, any such access is handled in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles. This clause constitutes your direction to us for the purposes of the processing described in our Privacy Policy.
We will not use Content accessed under this clause for any purpose other than providing, supporting, and securing the Services. You may request a summary of administrative access to your Account by contacting us.
The Services, including all software, designs, logos, and materials, are owned by Xtender and protected by Australian and international intellectual property laws.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Certain rights may be available to you under the Australian Consumer Law that cannot be excluded. Nothing in these Terms excludes rights conferred by the Australian Consumer Law.
Without limiting the above, Xtender does not warrant that:
We aim to provide reliable access to the Services but do not guarantee 100% uptime. The Services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. We will endeavour to provide reasonable notice of planned maintenance where practicable.
Xtender shall not be liable for any loss, damage, or inconvenience arising from service interruptions, whether planned or unplanned.
While we take reasonable steps to maintain the integrity of data within the Services, you acknowledge that:
We implement and maintain reasonable, industry-standard technical and organisational security measures — including encryption of data in transit and at rest, access controls, and security monitoring — and we will use our best efforts to protect Customer data.
You acknowledge that no system can be guaranteed to be impenetrable, and we do not warrant that the Services will be free from security incidents or unauthorised access.
Shared security. You are responsible for safeguarding your login credentials, promptly removing access for Users who no longer require it (for example, departed staff), enabling available security features (such as multi-factor authentication), and the security of your own devices and networks.
To the maximum extent permitted by law, Xtender is not liable for loss or damage arising from unauthorised access to, or compromise of, data or systems, except to the extent that such loss was caused by our failure to implement reasonable security measures. In no event are we liable for indirect or consequential loss, and any remaining liability is subject to the "Limitation of Liability" clause below.
In the event of an eligible data breach, we will comply with our obligations under the Notifiable Data Breaches scheme of the Privacy Act 1988 (Cth), as described in our Privacy Policy.
Nothing in this clause excludes rights conferred by the Australian Consumer Law.
To the maximum extent permitted by law:
You agree to indemnify, defend, and hold harmless Xtender, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:
You may terminate your Account at any time. We may suspend or terminate your Account if you breach these Terms, fail to pay fees, or your conduct poses a security risk.
Upon termination, your right to access the Services will cease immediately. We may retain your data for a reasonable period to comply with legal obligations, resolve disputes, or enforce our agreements. You may request export of your data prior to termination.
Xtender shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, power outages, internet service disruptions, cyberattacks, or failures of third-party service providers.
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
If you use our SMS features, you are responsible for compliance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and must obtain appropriate consent before sending commercial messages. We will only send marketing SMS communications in accordance with the Spam Act 2003. You may opt out at any time using the unsubscribe mechanism provided.
Xtender provides operational software tools for pharmacy management and professional development tracking. We do not provide medical, clinical, or therapeutic advice. Clinical decisions remain solely the responsibility of qualified healthcare professionals.
If you are a healthcare provider, you remain solely responsible for:
The Services are not intended to replace professional clinical judgement, and Xtender accepts no liability for clinical outcomes arising from the use of the Services.
For questions about these Terms:
XTENDER HEALTH SOLUTIONS PTY LTD
ABN: 74 694 974 984 | ACN: 694 974 984
Email: info@xtender.com.au
Website: https://xtender.com.au