1.1 To access Goods under the Program, you must be registered by a qualified healthcare professional who will establish a client account (HENS Patient ID) or provide an Institution Code for direct ordering provided by a healthcare professional. We reserve the right to reject any order that does not comply with registration requirements.

1.2 You may cancel your order only prior to dispatch. Cancellations will not be accepted once the order has been dispatched.

2.1 Order will only be processed once we receive your payment. We may cancel any unpaid orders after seven days and may reinstate the order upon your request.

2.2 Prices are determined by the Program and communicated to you by the Program via the healthcare professional. Prices are exclusive of GST and other taxes (if any) that might apply to Goods and you will be able to view applicable freight charge before you process payment.

2.3 We accept payment via credit card (Visa/Mastercard), electronic funds transfer, cheque, money order and direct debit but for privacy reasons, we are unable to accept credit card information via email.

2.4 Payments by electronic funds transfer are to be made to:

Legal Entity Name: Toll Remote Logistics
BSB and Account Number: 083-001 833429186
Our postal address: PO Box 305, Rooty Hill NSW 2766

Please ensure you quote your client number (Abbott Homecare Connect Patient ID) or full name in the deposit reference field for all payments / written on the back of your cheque/money order to avoid delays to your orders.

3.1 Orders received before 2:00 PM local time on Business Day will be dispatched on the same day. Orders received after this time will be dispatched on the next Business Day. Urgent orders received outside of these times will be treated on a case by case basis and may incur an additional delivery cost.

3.2 All performance and delivery times indicated by us are estimates only and we are not liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay or failure to deliver the Goods within the specified delivery date and we reserve the right to deliver in instalments.

3.3 Our obligation to deliver will be discharged on the arrival of the Goods at your nominated delivery destination, or the address appearing on your record and we are not liable for delays or issues arising from incorrect delivery instructions.

3.4 Risk of damage, deterioration or loss of or to the Goods passes to you on when delivered at your nominated delivery destination, or the address.

4.1 If you experience any adverse effects from your use of any Goods ordered through Program, please contact:

(a) your healthcare professional; or

(b) Abbott Pharamacovigilence on pv.australia@abbott.com; or

(c) Abbott Homecare Connect Customer Service on 1800 971 557 - Option 1.

4.2 If you report any such issues to us, we are obliged to notify manufacturer (being Abbott Nutrition) who will then have a member of its Pharmacovigilence team contact you directly for any follow-up information if required. By reporting any such issues to us, you agree for Abbott Nutrition Pharmacovigilence team to contact you.

5.1 You agree to examine the Goods immediately upon delivery.

5.2 Returns or requests to exchange products are not accepted except for when the Goods received were damaged during transportation or delivery by us or do not match the description of the relevant order, in which event, you must contact us at 18200 971 557 – Option 1 immediately upon receipt of the Goods.

5.3 We will at our option:

(a) credit the price of the relevant Goods to your account; or

(b) collect the Goods from you and replace them,

if we agree that the Goods were damaged during transportation or delivery by us, do not comply with the description of the relevant order.

5.4 Clause 5.3 only applies if:

(a) the Goods have been properly handled, stored and maintained by you, any instructions given by us and/or our Principals in relation to the Goods have been fully observed by you and any documentation given by us and/or our Principals in relation to the Goods are retained with the Goods for so long as you are requested to do so;

(b) all packaging is intact, except where any packaging breakage is due to damage during transportation or delivery by us or was necessary to reveal the damage or non-compliance;

(c) you give us and/or the relevant Principals a reasonable opportunity to inspect the Goods; and

(d) you make no further use of the Goods after you discover or reasonably ought to have discovered that the Goods were damaged or did not comply with the description of the Goods in the relevant order.

6.1 Under Australian Consumer Law, certain consumer guarantees may apply to the Goods and/or our services supplied pursuant to these Terms. You may have rights against us concerning such Goods and/or services as a result.

6.2 Nothing in these Terms excludes or limits the operation of any conditions, warranties or guarantees (express or implied) which cannot be excluded or limited by law.

6.3 If we are lawfully allowed to limit our liability to you in respect of the Goods and/or our services, our liability and the Principals’ liability to you is limited, at our option and the Principals’ option (as the case may be), to the following:

(a) in the case of Goods, the replacement, repair or payment of the cost of replacement or repair of the Goods; and

(b) in the case of services (including freight services), supplying the services again or payment of the cost of having the services supplied again.

6.4 To the extent permitted by law:

(a) our liability to you will not in any situation exceed the price of the Goods supplied by us; and

(b) we will not be or become liable to you for any loss of profits, loss of sales, loss of market, loss of goodwill or reputation, third party claims, incidental or special damages or indirect or consequential loss of any kind,

which may result from any warranty, guarantee, condition or term given under these Terms or any other applicable law.

6.5 Subject to these Terms and any applicable law, all conditions and warranties as to the quality of the Goods or their fitness for any particular purpose are expressly excluded (whether express or implied and even if that purpose is made known expressly or by implication to us or the Principals).

6.6 No sale under these Terms constitutes a sale by sample..

6.7 No sale under these Terms constitutes a sale by description. Any description of Goods is by way of identification only. You acknowledge that you are liable for ensuring that the Goods are suitable for your intended use.

7.1 We respect your rights to privacy under the Privacy Act 1988 (Cth) and we are required to comply with the Australian Privacy Principles and, in certain cases, the European Union General Data Protection Regulation (2016/679) in respect of the collection, use, disclosure and handling of personal information.

7.2 Further information on how we manage your personal and credit information is available in our Privacy Policy on our website at https://www.tollgroup.com/about/policies-procedures/privacy-policy .

7.3 You acknowledge that we (being Toll Remote Logistics Pty Ltd (ACN 004 210 093))and our associated, related, subsidiary and parent companies or businesses and any successors or assigns) may collect personal and credit information in connection with our dealings with you in accordance with our Privacy Statement, Privacy Policy, Credit Reporting Policy and Statement of Notifiable Matters pursuant to the Credit Reporting Code, the Privacy Act 1988(Cth), the Privacy (Enhancing Privacy Protections) Act 2012 , and the Australian Privacy Principles as amended from time to time. The lawful basis on which we process your data (or that of the data subject) is that you (or they) have consented, it is necessary for the performance of this contract, and for compliance with legal obligations in certain cases.

7.4 The criteria by which we determine the period for which your personal information will be stored include legal requirements for how long we need to store records and documents, how long you continue to order Goods from us, time limits under statutes of limitation and expiry of legal rights, our contractual obligations, and our need to facilitate and transact business in connection with these Terms.

7.5 You consent to personal and credit information in connection with our dealings with you being collected and used, and you warrant to us that you have obtained necessary consent to that information being collected and used. The purpose for which we are collecting and using it is:

(a) to allow us to supply or deliver the Goods;

(b) to take orders in connection with the Goods;

(c) to comply with our obligations under these Terms; and

(d) to otherwise facilitate and transact our business in connection with the Goods and these Terms.

7.6 You acknowledge and agree that we may disclose your information to our Principals, other TOLL subsidiaries, contractors, or agents that we may engage with or be engaged by from time to time for fulfilment purposes. We endeavour to enter into a contract with any entity before we send your personal information to that entity, and for that contract to contain suitable safeguards, including confidentiality related provisions. Further information about these safeguards may be available on request, by contacting us (see below).

7.7 Our approach to the management of your personal and credit information is consistent with the Privacy Act 1988(Cth), the Privacy (Enhancing Privacy Protections) Act 2012 , the Australian Privacy Principles and the Credit Reporting Code as relevant.

7.8 If you have any questions or concerns about our Privacy Policy, the type of information we may hold about you, or for corrections or complaints about a breach of your privacy, please direct your requests to the Data Protection Officer at Our Head Office address: Level 8, 530 Collins Street Melbourne VIC 3000 Australia. To the extent we provide personal information to you, you promise to comply with all of your obligations under the Privacy Act 1988 (Cth) (if any) and any other applicable privacy law.

7.9 If there is a privacy related breach of legal, contractual or other obligations, you agree to give us reasonable assistance with notifying a supervisory authority or a data subject (person) of a data breach and carrying out a data protection impact assessment. If the personal information we sent you is no longer needed for its proper purpose, you must either delete or return to us all the personal information we sent to you, at our option, and delete any existing copies of the personal information unless otherwise required by law.

8.1 These Terms are governed by the laws of New South Wales, Australia, and you and we agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

8.2 If any part of these Terms are or become invalid, illegal or unenforceable, that part shall be deemed deleted from these Terms. All other parts of these Terms shall not be affected and shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid, illegal or unenforceable part.

8.3 Failure by us to enforce any provision of these Terms at any time shall not mean a waiver by us of that provision and shall not limit or waive our right to subsequently require compliance with all of these Terms.

8.4 You agree that we may communication with you electronically (for example when we want to give you information about your order or about Goods,). This will include by email or SMS. Any notice required to be given by you or us under these Terms shall be valid if hand delivered or sent by registered post, express courier, fax or email to the other party using their contact details (or as you or we may later notify each other in writing from time to time).

9.1 In these Terms:

(a) Australian Consumer Lawmeans Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended and in force from time to time;

(b) Business Daymeans a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;

(c) Goodsmeans any goods, merchandise and services that are or (as the context requires) are proposed to be supplied by Us to You either in Our own right or on behalf of a Principal;

(d) GSTand related terms have the meanings given to those terms in A New Tax System (Goods and Services Tax) Act 1999(Cth), as amended and in force from time to time;

9.2 Reference to any legislation includes a modification, revision, amendment, re-enactment of, legislation enacted in substitution for, regulation, order-in-council or any other instrument from time to time issued, enacted or made under that legislation. Reference to the singular includes the plural and the plural includes the singular. Reference to one gender includes the others.

9.3 Indemnities given in these Terms are unconditional, irrevocable and continuing indemnities.

9.4 The words “includes” and “including” and any variations of these are not words of limitation or exhaustive, but rather shall be deemed to be followed by the words “without limitation”.

9.5 Terms and expressions used in these Terms that are defined in the GST Act have the same meanings respectively given to those terms and expressions in those Acts.