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TERMS AND CONDITIONS

Last updated: July 2026

Introduction

These Terms govern your use of our website, telehealth platform, patient portal, appointment booking system and any products or services provided by Queensland Medical Specialists Pty Ltd trading as Auscan Health (ACN 168 968 867) (“QMS/Auscan”, “we”, “our”, “us”).

These Terms form a legally binding agreement between you (“you”, “the user”, or “the Customer”) and QMS/Auscan (the “Agreement”).

Please read these Terms carefully before using our Site or engaging with our services. If you have any questions, contact us at: admin@qldspecialists.com

By using the Site or purchasing goods from us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not access our Site or services.

Purchases, ordering and supply of Goods are also governed by our Sale and Supply of Goods terms.

Access and Use

License to Use Site

We grant you a non-exclusive and revocable license to access and use this Site in accordance with these Terms.

You may print or download material from the Site for your personal, non-commercial use only. You must not:

  • Use the Site for any unlawful purpose;
  • Add, upload, or transmit content that is defamatory, obscene, abusive, or violates any law or rights of third parties;
  • Attempt to interfere with the operation or security of the Site;
  • Use automated tools (such as bots or scrapers) without written permission; or
  • Reproduce, redistribute, or commercially exploit any material from the Site without our written consent.

The Site may contain links to external websites. QMS/Auscan is not responsible for the content or privacy practices of such websites.

We reserve the right to modify, suspend, or discontinue any part of the Site at any time, without notice or liability.

Telehealth Services

Auscan Health provides an online platform that facilitates consultations between patients and appropriately qualified medical practitioners.

Medical practitioners consulting through the platform exercise independent clinical judgment.

Auscan Health does not direct or influence a practitioner’s medical decision-making.

The decision to prescribe rests solely with the treating practitioner.

Intellectual Property

All content, text, graphics, logos, trademarks, and software appearing on the Site are the intellectual property of QMS/Auscan or its licensors.

By submitting or posting any content on the Site, you grant QMS/Auscan a perpetual license to use, reproduce, modify, publish, and distribute that content for operational or promotional purposes.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Warranties

You warrant that:

  • You have the legal authority and capacity to enter into these Terms;
  • You are a registered healthcare professional, pharmacist, or other authorised person entitled to access therapeutic goods;
  • You will comply with all applicable laws and regulations governing therapeutic goods and prescribing practices.

Provision of Goods and Services

You acknowledge that any goods or services purchased via the Site are provided strictly in accordance with the herein Terms and applicable Australian laws, including the Therapeutic Goods Act 1989 (Cth) and the Poisons Standard (SUSMP).

Liability

To the maximum extent permitted by law, QMS/Auscan excludes all liability for loss or damage arising from your use of, or inability to use, the Site. We make no warranties regarding:

  • The uninterrupted availability of the Site;
  • The accuracy or reliability of information; or
  • Freedom from viruses or harmful code.

Termination

These Terms terminate automatically if we cease to operate the Site. We may also terminate your access immediately if you breach any of these Terms.

Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland.

Amendment

We may amend these Terms at any time by posting an updated version on our Site. Continued use of the Site after such changes constitutes your acceptance of the amended Terms.

Eligibility

You warrant that:

  • you are at least 18 years old;
  • information provided is true;
  • you consent to telehealth consultations;
  • you understand identity verification is required;
  • you understand prescriptions are subject to medical assessment.

Medical Disclaimer

Auscan does not guarantee that:

  • A consultation will result in a prescription;
  • The Goods are appropriate;
  • A practitioner will continue prescribing;
  • Treatment will achieve a particular result.

Treatment decisions remain solely with the practitioner.

Sale

These Terms apply to the purchase, ordering, or supply of any goods (“Goods”) through QMS/Auscan or this Site. The full Sale and Supply of Goods terms also apply.

All Goods are supplied strictly in accordance with Australian law. The Goods may only be purchased by patients holding a valid prescription issued by an authorised medical practitioner and dispensed in accordance with applicable Commonwealth, State, and Territory laws. QMS/Auscan may also supply Goods to authorised healthcare professionals, licensed pharmacies, hospitals, approved research institutions, and other persons or entities lawfully entitled to acquire such Goods under Australian law.

Orders

Placing an order constitutes an offer to purchase the Goods at the listed price. We reserve the right to accept or reject any order for any reason, including availability, regulatory requirements, or verification of authorization.

Each accepted order forms a separate binding agreement between you and QMS/Auscan.

Pricing and Payment

All prices are in Australian Dollars (AUD) and exclusive of GST unless stated otherwise.

Payment must be made by approved electronic transfer or other methods we specify.

You agree to pay all applicable charges, including shipping and taxes.

QMS/Auscan reserves the right to amend prices or discontinue products at any time without prior notice.

Delivery

Delivery times are estimates only. We are not liable for delays beyond our control, including regulatory or supply chain interruptions. Delivery may occur directly from an approved warehouse or logistics provider acting on behalf of the dispensing pharmacy, where permitted by applicable law.

Returns and Refunds

Due to the regulated nature of the Goods, returns are only accepted where:

  • Goods are damaged or defective upon arrival;
  • The product does not comply with its specification;
  • The return is otherwise required under the Australian Consumer Law.

Requests for returns must be submitted in writing within 14 days of delivery and must include sufficient information to identify the relevant order, including, where applicable, the batch number, invoice number, and details of the alleged defect or non-conformity.

Approved returns will, at QMS/Auscan's discretion and in accordance with the Australian Consumer Law, be replaced, repaired, or refunded.

Therapeutic Goods

The Goods supplied through partner pharmacies is generally supplied under:

  • SAS Category B;
  • Authorised Prescriber Scheme;
  • Other lawful pathways.

Patients acknowledge these Goods may not be included on the Australian Register of Therapeutic Goods.

Warranties

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for major failure, and compensation for reasonably foreseeable loss or damage.

Risk and Title

Title to Goods passes only upon full payment. Until then, QMS/Auscan retains legal ownership and may recover the Goods if payment obligations are not met.

Account and Authorization

You represent that:

  • You are authorized to hold, purchase, or dispense the Goods under Australian law;
  • You will maintain current licenses, permits, or TGA authorizations as required; and
  • You will provide accurate information to facilitate lawful supply.

eScripts

Patients authorize Auscan Health to transmit eScripts to a nominated partner pharmacy.

Partner Pharmacy

Dispensing decisions remain the responsibility of the pharmacy. Dispensing is subject to:

  • Stock availability;
  • Legal requirements;
  • Pharmacist assessment.

Force Majeure

We are not liable for delays or failures caused by circumstances beyond our control (e.g., natural disasters, regulatory changes, or supply disruptions).

Limitation of Liability

Except as required by law, QMS/Auscan excludes all warranties not expressly stated in these Terms and limits liability to:

  • Re-supply of the Goods or services; or
  • Refund of the amount paid.

We are not responsible for indirect or consequential losses, including business interruption or loss of profit.

Termination

Either party may terminate this Agreement with written notice.

We may immediately suspend or terminate supply if you breach these Terms, fail to make payment, or lose authorisation to purchase the Goods.

General

If any clause is held invalid or unenforceable, the remainder of these Terms continues in full force.

Failure to enforce any provision does not constitute a waiver of our rights.

These Terms constitute the entire agreement between you and QMS/Auscan.

Contact

For any questions about these Terms, please contact:

Queensland Medical Specialists Pty Ltd trading as Auscan Health.

admin@qldspecialists.com

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