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Terms of service

TERMS OF SERVICE

Fern NRT
Effective Date: 27 August 2026

1. ABOUT FERN NRT

Welcome to Fern NRT (“Fern NRT”, “we”, “us” or “our”), operated by Fern Dispensary Pty Ltd 41 691 147 494.

Fern NRT operates fernnrt.com.au (the “Website”) and provides an online platform through which eligible Australian customers may:

  • access non-prescription products where appropriate;
  • create a customer or patient account;
  • complete an online medical questionnaire for independent review by an Australian-registered healthcare professional;
  • upload an existing valid prescription;
  • access products authorised or prescribed for them;
  • purchase products available to them through the Website; and
  • arrange delivery or collection where available.

The Website is powered in part by Shopify, which provides ecommerce technology used to operate our online store.

Some healthcare services accessible through Fern NRT are provided by independent Australian-registered healthcare professionals. Clinical decisions, including whether a prescription or particular treatment is appropriate, are made independently by the relevant healthcare professional.

These Terms of Service (“Terms”) govern your access to and use of the Website and the products and services available through it.

2. ACCEPTANCE OF THESE TERMS

By visiting or using the Website, creating an account, submitting an assessment, uploading a prescription, placing an order or otherwise using our services, you agree to these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, you should not use the Website or our services.

You must be legally capable of entering into a binding agreement and satisfy any age, prescription, medical or other eligibility requirements applying to the products or services you seek to access.

We may update these Terms from time to time. Updated Terms will take effect when published on the Website unless otherwise stated.

3. ELIGIBILITY AND AGE REQUIREMENTS

Certain products and services available through Fern NRT are subject to age, medical, prescription and other legal requirements.

You must provide accurate information about your identity and age when requested.

We may require age or identity verification before allowing access to certain products or services.

Fern NRT reserves the right to refuse, restrict or cancel access where we cannot reasonably verify your eligibility or where providing a product or service would be contrary to applicable law, professional requirements or healthcare standards.

Products and services available through Fern NRT are intended for customers located in Australia unless otherwise expressly stated.

4. YOUR ACCOUNT

You may be required to create an account to access certain Fern NRT products or services.

You agree to:

  • provide accurate, complete and current information;
  • keep your account information updated;
  • keep your login details and password confidential;
  • not allow another person to use your account;
  • immediately notify us if you believe your account has been accessed without authorisation; and
  • use your account only for lawful purposes.

You are responsible for maintaining the confidentiality of your account credentials.

You must not create an account using another person's identity or use another person's account.

We may suspend or restrict an account where we reasonably believe there has been fraudulent activity, misuse, a breach of these Terms or a risk to patient or public safety.

5. HEALTH AND MEDICAL INFORMATION

Where you complete a medical questionnaire, assessment or other healthcare-related process, you agree to provide information that is accurate, complete and current.

This may include information regarding your:

  • medical history;
  • current medications;
  • allergies;
  • health conditions;
  • smoking or nicotine-use history;
  • previous treatments; and
  • any other information reasonably requested by the healthcare professional.

You must not deliberately omit information that may reasonably be relevant to a healthcare professional's assessment of you.

Information you provide may be shared with the relevant healthcare professional, pharmacist or pharmacy where reasonably necessary to provide the service you have requested.

Personal information and health information is handled in accordance with our Privacy Policy.

6. ONLINE MEDICAL ASSESSMENTS

Where you choose Fern NRT's prescription pathway, you may be asked to complete an online medical questionnaire or assessment.

Information submitted through this pathway may be reviewed by an independent Australian-registered healthcare professional.

Submitting an assessment does not guarantee that a prescription will be issued or that any particular treatment will be recommended.

The healthcare professional is independently responsible for determining whether:

  • further information is required;
  • a consultation is required;
  • a particular treatment is clinically appropriate;
  • a prescription should be issued; or
  • you should seek care from another healthcare provider.

All prescribing and clinical decisions are made independently by the healthcare professional exercising their professional clinical judgement.

Fern NRT does not direct or control a healthcare professional's clinical decisions.

Any timeframe displayed on the Website for assessment or review is an estimate unless expressly stated otherwise. A review may take longer where additional clinical information, clarification or verification is required.

7. INDEPENDENT HEALTHCARE PROFESSIONALS

Doctors and other healthcare professionals providing clinical services through or in connection with Fern NRT are independent healthcare professionals responsible for the clinical services they personally provide.

Healthcare professionals are responsible for maintaining appropriate Australian professional registration and complying with their applicable professional, ethical and legal obligations.

Fern NRT does not guarantee that a healthcare professional will consider any particular medication or treatment appropriate for you.

Nothing displayed on the Fern NRT Website should be interpreted as directing or requiring a healthcare professional to prescribe a particular product.

The healthcare professional retains complete clinical discretion regarding treatment recommendations and prescribing decisions.

8. EXISTING PRESCRIPTIONS

If you already hold a valid prescription, Fern NRT may allow you to submit or upload that prescription for verification.

By submitting a prescription, you confirm that the prescription:

  • was lawfully issued to you;
  • is genuine;
  • has not been altered or falsified;
  • remains valid;
  • belongs to you; and
  • may lawfully be dispensed.

A pharmacist may verify your prescription before allowing access to or supply of prescription products.

Submitting a prescription does not guarantee that a product can be supplied. Supply remains subject to prescription validity, applicable legal and professional requirements, product availability and pharmacist approval.

We may contact you, your prescriber or another relevant healthcare provider where reasonably necessary to verify a prescription or clarify information.

9. PRODUCTS AND PRESCRIPTION REQUIREMENTS

Products displayed on the Website may be subject to different eligibility and supply requirements.

Some products may be available without a prescription, while others may only be supplied where you hold a valid prescription or satisfy other applicable legal or professional requirements.

The availability or display of a product on the Website does not mean that the product is suitable or legally available for every person.

Where a prescription is required, access to and supply of the relevant product is conditional upon a valid prescription and any required pharmacist verification.

Fern NRT may restrict the products displayed or available to you according to your account status, prescription, healthcare professional authorisation or other applicable requirements.

Products supplied to you are for your personal use and must not be resold, transferred or supplied to another person contrary to law.

10. PRODUCT INFORMATION

We make reasonable efforts to ensure that product information, descriptions, images and other content displayed on the Website are accurate and current.

Product packaging, labelling, colour or appearance may occasionally differ from images displayed on the Website, including where manufacturers update packaging or where appearance varies between devices and screens.

Product descriptions, availability and packaging may change from time to time.

Where a product requires a prescription, applicable prescription, clinical and pharmacist requirements take precedence over general product information displayed on the Website.

Product information provided on the Website does not constitute personalised medical advice.

11. MEDICAL INFORMATION DISCLAIMER

General information, educational materials, articles, product information, quit-smoking resources and other non-personalised content provided on the Website are for general informational and educational purposes.

They are not a substitute for personalised medical advice, diagnosis or treatment from an appropriately qualified healthcare professional.

Information provided on the Website should not be relied upon to determine whether a particular medication or treatment is appropriate for you.

You should seek professional medical advice regarding your individual circumstances.

If you experience a medical emergency or require urgent medical attention, call 000 or attend your nearest emergency department.

12. ORDERS

When you submit an order through Fern NRT, you are making an offer to purchase the relevant products.

An order is not necessarily accepted merely because payment has been submitted or an automated order confirmation has been generated.

Orders remain subject to:

  • product availability;
  • payment confirmation;
  • age and identity requirements;
  • prescription verification where applicable;
  • pharmacist review where required;
  • applicable Australian laws and regulations; and
  • any other requirements applying to the relevant product.

Fern NRT may decline or cancel an order where the product cannot lawfully or appropriately be supplied.

We may also limit quantities where reasonably necessary because of stock availability, safety, legal or regulatory requirements.

If we cancel an order after payment has been taken and the product cannot be supplied, any refund owing will be processed in accordance with applicable law and our Refund Policy.

13. PRICING AND PAYMENT

Unless otherwise stated, prices displayed on the Website are in Australian dollars (AUD) and include GST where applicable.

Prices may change from time to time.

The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of obvious pricing or technical errors.

Delivery charges or other applicable fees will be displayed where relevant before you complete your purchase.

Payments may be processed through third-party payment providers.

Fern NRT does not necessarily receive or retain your complete payment-card information where payment details are processed directly by a payment provider.

You agree to provide valid payment information and confirm that you are authorised to use the payment method supplied.

14. ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, promotions, shipping charges or other information.

Fern NRT reserves the right to correct genuine errors or inaccuracies and update information.

If an error materially affects an order you have already submitted, we will contact you where appropriate.

If we are unable to fulfil an order because of an error and payment has already been received, we will provide an appropriate refund.

Nothing in this section limits your rights under the Australian Consumer Law.

15. DELIVERY AND COLLECTION

Fern NRT may offer delivery and/or collection options depending on the product and your location.

You are responsible for providing complete and accurate:

  • recipient details;
  • delivery address;
  • telephone number;
  • email address; and
  • delivery instructions.

Estimated delivery times are provided as a guide and are not guaranteed.

Delivery may be affected by courier delays, weekends, public holidays, weather events, incorrect delivery information and other circumstances outside our reasonable control.

Where legally or professionally required, certain products may require additional identification, delivery, collection or signature procedures.

If incorrect delivery information supplied by you results in a failed delivery or redelivery, you may be responsible for reasonable additional delivery costs, subject to applicable law.

16. CANCELLATIONS, RETURNS AND REFUNDS

Requests to cancel an order should be made as soon as possible.

An order may not be able to be cancelled once it has been processed, dispensed, packed or dispatched.

For safety, regulatory and quality-control reasons, medicines and certain therapeutic products may not be able to be returned for resale once they have been dispensed or supplied, particularly where appropriate storage conditions cannot be verified.

However, nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law.

If a product is faulty, damaged, incorrectly supplied or otherwise fails to comply with an applicable consumer guarantee, please contact Fern NRT so the matter can be assessed and an appropriate remedy provided.

Any approved refund will generally be returned using the original payment method where reasonably practicable.

Please refer to our Refund Policy for further information.

17. PRODUCT AVAILABILITY

All products are subject to availability.

We do not guarantee that a product displayed on the Website will remain continuously available.

Products may become unavailable because of:

  • supplier availability;
  • stock shortages;
  • regulatory changes;
  • prescription requirements;
  • manufacturer decisions;
  • pharmacist or healthcare professional requirements; or
  • circumstances outside our reasonable control.

Where an ordered product becomes unavailable, we will contact you where appropriate regarding available options.

Any substitution involving a prescription medicine will only occur where permitted by law and considered appropriate by the relevant pharmacist or healthcare professional.

18. RELATIONSHIP WITH SHOPIFY

The Fern NRT online store is powered by Shopify, which provides ecommerce technology enabling us to operate parts of the Website and online store.

Purchases made through the Fern NRT store are made with Fern NRT or the relevant supplying pharmacy identified during the transaction.

Shopify provides ecommerce technology and is not your healthcare provider, prescriber, pharmacist or supplier of therapeutic products.

Certain Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy practices.

19. THIRD-PARTY SERVICES

Fern NRT may use third-party services to assist with operating the Website and providing our services.

These may include:

  • ecommerce technology;
  • healthcare and patient-management platforms;
  • payment processors;
  • identity-verification services;
  • delivery providers;
  • communications services; and
  • other technology providers.

Where you use a third-party service, separate terms or privacy policies may apply.

Fern NRT is not responsible for the independent acts or omissions of third-party providers except to the extent that responsibility cannot lawfully be excluded.

20. PRIVACY

Your privacy is important to us.

Personal information and health information collected through Fern NRT is handled in accordance with our Privacy Policy and applicable Australian privacy and health-information laws.

Information may need to be shared with healthcare professionals, pharmacists, technology providers and other service providers where reasonably necessary to provide the products or services you request.

The Website is powered in part by Shopify. As a result, Shopify may collect and process certain information relating to your access to and use of the online store in order to provide its ecommerce services.

Please refer to our Privacy Policy for further information regarding how personal and health information is collected, held, used and disclosed.

21. ACCEPTABLE USE

You must only use the Website and Fern NRT services for lawful purposes.

You must not:

  • use the Website for fraudulent or unlawful purposes;
  • impersonate another person;
  • create an account using false identity information;
  • provide deliberately false or misleading medical information;
  • submit forged, altered or fraudulent prescriptions;
  • attempt to obtain prescription products for another person through your account;
  • hack or attempt to gain unauthorised access to the Website or associated systems;
  • circumvent security, age-verification or access controls;
  • introduce viruses, malware or other harmful technology;
  • scrape, copy or systematically extract Website content without permission;
  • collect personal information about other users;
  • interfere with the normal operation or security of the Website;
  • use the Website to send spam or unsolicited communications;
  • engage in threatening, abusive, discriminatory or harassing conduct toward our staff, pharmacists, healthcare professionals, contractors or other users; or
  • use the Website in a way that violates applicable Australian law.

We may suspend or terminate access where we reasonably believe these requirements have been breached.

22. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website and its content, including:

  • text;
  • graphics;
  • branding;
  • logos;
  • photographs;
  • illustrations;
  • videos;
  • educational materials;
  • Website design; and
  • software and functionality,

are owned by or licensed to Fern NRT and are protected by applicable Australian intellectual property laws.

You may access Website content for your personal, non-commercial use.

You must not reproduce, distribute, modify, publish, sell or commercially exploit our content without prior written permission except where permitted by law.

Third-party trademarks and intellectual property remain the property of their respective owners.

23. WEBSITE AVAILABILITY

We aim to keep the Website and our online services available and functioning correctly.

However, we do not guarantee that access will always be uninterrupted or error-free.

Access may occasionally be interrupted because of maintenance, technical issues, telecommunications failures, third-party service interruptions, cyber incidents or circumstances outside our reasonable control.

Where practicable, we will take reasonable steps to restore affected services.

24. NO GUARANTEE OF TREATMENT OUTCOME

Fern NRT does not guarantee that:

  • you will be considered suitable for a particular treatment;
  • a healthcare professional will issue a prescription;
  • a particular product will be prescribed or recommended;
  • a particular product will be available;
  • a treatment will achieve a specific result; or
  • use of Fern NRT's products or services will result in successfully quitting smoking or nicotine use.

Healthcare outcomes vary between individuals.

Treatment decisions should be made with an appropriately qualified healthcare professional based on your individual circumstances.

25. AUSTRALIAN CONSUMER LAW

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy available to you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other law where that right cannot lawfully be excluded or restricted.

Where goods or services supplied through Fern NRT come with statutory consumer guarantees, those guarantees continue to apply regardless of anything contained in these Terms.

26. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Fern NRT is not liable for loss arising from circumstances outside our reasonable control, including interruptions to third-party systems, telecommunications networks, payment services or delivery networks.

Fern NRT is not responsible for independent clinical decisions made by healthcare professionals providing healthcare services to you.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising under applicable Australian consumer guarantees.

27. SUSPENSION OR TERMINATION

You may stop using Fern NRT at any time.

Fern NRT may suspend, restrict or terminate access to an account or service where reasonably necessary, including where:

  • these Terms have been materially breached;
  • fraudulent or unlawful activity is suspected;
  • false medical, prescription or identity information has been provided;
  • there is a risk to patient or public safety;
  • continued provision would breach a legal, regulatory or professional requirement; or
  • continued access would materially threaten the security or operation of our services.

Termination does not affect rights or obligations that arose before termination.

28. CHANGES TO OUR SERVICES

We may change, suspend or discontinue parts of the Website or our services from time to time.

This may occur because of changes to legislation, regulatory requirements, healthcare standards, product availability, technology, business operations or relationships with healthcare providers.

Where reasonably practicable, we will endeavour to minimise disruption to existing orders or services.

29. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our services, business practices, technology or legal and regulatory obligations.

The current version of these Terms will be available on the Website and will state the date on which it became effective.

Where required by law, we will provide notice of material changes.

Your continued use of the Website following an update constitutes acceptance of the updated Terms to the extent permitted by law.

30. DISPUTES AND COMPLAINTS

If you have a concern or complaint regarding Fern NRT, please contact us so that we have an opportunity to investigate and resolve the matter.

Complaints concerning the handling of personal information will be managed in accordance with our Privacy Policy.

Nothing in these Terms prevents you from exercising any right to contact a regulator, consumer protection body, healthcare complaints body, tribunal or court where you are legally entitled to do so.

31. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Fern NRT concerning your use of the Website and services.

Nothing in this section excludes any rights or remedies available to you under Australian law.

32. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed to the extent necessary.

The remaining provisions will continue to operate.

33. WAIVER

If Fern NRT does not immediately exercise or enforce a right available under these Terms, this does not mean that Fern NRT has waived that right.

Any waiver applies only to the particular circumstances for which it is given.

34. ASSIGNMENT

You may not transfer your rights or obligations under these Terms to another person without our prior written consent.

Fern NRT may transfer its rights or obligations as part of a genuine sale, restructure or transfer of its business, subject to applicable law.

35. GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

Subject to any rights you have under applicable consumer legislation, the parties submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.

36. CONTACT US

If you have questions, concerns or complaints regarding these Terms or Fern NRT's services, please contact us:

Fern NRT
Operated by: Fern Dispensary
ABN: 41 691 147 494
Email: hello@ferndispensary.com.au
Website: www.fernnrt.com.au
Address: 2/168 Brisbane Rd, Booval
Phone: 0468 280 437

Effective Date: 27 August 2026