Terms and Conditions

1. Agreement to Terms

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.

2. Definitions

• "Customer" means a business entity (such as a pharmacy) that subscribes to a paid plan for the Services.
• "User" means any individual who accesses or uses the Services, including individual pharmacists using the free Pharmacist Hub.
• "Content" means any data, text, files, documents, or other materials uploaded to or generated through the Services.
• "Account" means a registered account for accessing the Services.
• "Subscription" means a paid plan granting access to the Services.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity and authority to enter into these Terms
• If acting on behalf of a business, have the authority to bind that business
• Hold any required licences for your business activities (e.g., pharmacy licences)

4. Account Registration

To access certain features, you must create an Account. You agree to:

• Provide accurate, current, and complete information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorised access

You are solely responsible for all activities that occur under your Account.

5. Services and Subscription

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 at our discretion.

6. Fees and Payment

• All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated
• Subscription fees are billed in advance on a monthly basis
• Payments are due upon invoice via approved payment methods
• Except as required by Australian Consumer Law, all fees are non-refundable

7. Acceptable Use

You must not:

• Use the Services for any illegal, fraudulent, or harmful purpose
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorised access to our systems
• Reverse engineer or decompile any part of the Services
• Use the Services to send spam in violation of the Spam Act 2003

8. Data and Content

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.

9. Intellectual Property

The Services, including all software, designs, logos, and materials, are owned by Xtender and protected by Australian and international intellectual property laws.

10. Warranties and Disclaimers

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:

• The Services will be uninterrupted, error-free, or available at all times
• Data processed through the Services will be accurate, complete, or free from errors
• The Services will meet your specific requirements or expectations
• Any defects or errors will be corrected within a particular timeframe

11. Service Availability

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.

12. Data Accuracy

While we take reasonable steps to maintain the integrity of data within the Services, you acknowledge that:

• You are solely responsible for the accuracy and completeness of Content you upload
• We do not independently verify the accuracy of data entered by Users
• You should maintain independent records and not rely solely on the Services for record-keeping obligations

13. Limitation of Liability

To the maximum extent permitted by law:

• Xtender shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
• Our total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Xtender in the 12 months immediately preceding the event giving rise to the claim
• For Users of the free Pharmacist Hub (where no fees are paid), our total aggregate liability shall not exceed AUD $100

14. Indemnification

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:

• Your use or misuse of the Services
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Content you upload to the Services
• Any clinical or therapeutic decisions made using information from the Services

15. Termination

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.

16. Force Majeure

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.

17. Governing Law

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.

18. SMS Services

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.

19. Healthcare and Clinical Disclaimer

If you are a healthcare provider, you remain solely responsible for:

• Compliance with all applicable health regulations, including the Therapeutic Goods Act 1989 (Cth)
• All clinical and therapeutic decisions made in the course of your practice
• Verifying any information obtained through the Services against authoritative clinical references
• Maintaining appropriate professional indemnity insurance

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.