Terms of Use

Last updated: 17 September 2025

1. Introduction

1.1  Welcome to bestmed.au (Website). This Website is owned and operated by Best Health Solutions PTY LTD ACN 638 760 166 (trading as Best Health Solutions), its subsidiaries and affiliates in Australia (collectively referred to as ‘BHS‘, ‘us‘ or ‘we‘). The term ‘you‘ or ‘user‘ refers to the person accessing or using the Website or our Services (as defined below), or the company or organisation on whose behalf that person accesses the Website or our Services.

1.2  We are delighted to provide you with access to the Website which, will allow you to gain access to and use various online services that BHS provides to users which include, (amongst others):

a. the BESTMED Medication Management System, including:

i BESTMED Pharmacy

ii BESTMED Residential

iii BESTMED Doctor; and

iv BESTMED Connect

b. personalised information services; and

c. support services for partner pharmacies, aged care, prescribers and other partners, (collectively, the Services).

1.3  These terms of use (Terms) govern your use of the Website and the Services.

2.  Acceptance of Terms

By browsing, accessing or using the Website or by using any facilities or the Services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understand and agree to be bound by these Terms and any additional terms and conditions notified to you from time to time. These Terms form a legally binding agreement between BHS and you. If you do not agree to these Terms, you must immediately exit and not access or use the Website or Services.

3.  Changes to the Terms or Privacy Policy

We may from time to time (with or without notice to you) update or amend these Terms and our Privacy Policy at our sole discretion by posting the changes on the Website. The then current version of the Terms and Privacy Policy will apply each time you use our Website or Services. Your continued use of the Website or Services after any such change or entering personal information constitutes an acceptance of any changes to the Terms and / or Privacy Policy. We will endeavour to keep you updated on any change to these Terms and our Privacy Policy, however, you are responsible for keeping up to date of any changes by regularly reviewing these Terms and Privacy Policy.

4.  Using the Website, Services and registration

4.1  In order to use the Services you must use the access codes provided to you by BHS which may include user names, passwords, and pin codes (Access Codes).

4.2  You:

a. are fully responsible for all activities that occur under your Access Codes;

b. must keep secure and protect your Access Codes, and must not disclose your Access Codes to any unauthorised person; and

c. must immediately notify BHS if you become aware of any unauthorised use of your Access Codes, or any loss or theft of any record of your Access Codes, or if you suspect that any of your Access Codes have become known to any unauthorised person. Upon being notified, BHS may, at its absolute discretion, revoke your Access Codes and issue you with a new Access Code.

4.3  In order to use the Services, you will also be required to register with the Website and Services by providing BHS with certain true and correct information about yourself (the ‘User Information‘), as requested by the registration page.

4.4  User Information requested by us may include, but is not necessarily limited to:

a. your full name and prefix (e.g. Mr or Mrs etc.);

b. your mobile and/or landline number;

c.  your work address and email address, including so that we can authenticate you electronically and administer your account;

d.  your professional details; and

e.  any other information that may be required in order to provide the Services to you. 

4.5  You confirm that all of the information you provide to us, including the User Information and any personal details, will be complete, true and correct.

4.6. The collection, holding, use and disclosure of all User Information is governed by these Terms and our Privacy Policy.

4.7  You must promptly notify and / or update your profile if any of your User Information is erroneous or changes from time to time. By providing your contact details, you agree to BHS contacting you via such means.

4.8. You expressly consent to use by us, or any third person acting on our behalf, of the User Information and any information we collect about you in accordance with these Terms, Privacy Policy and for any lawful purpose.

5.  Unacceptable usage

5.1. You must only use the Website and Services in a reasonable manner, consistent with these Terms, any contract between you and your residential aged care facility or pharmacy and any pre-sale presentation material provided to you (Documentation), as well as ordinary community standards of behaviour and decency. Under no circumstances may the Website or Services be used for any illegal purpose, or in a manner likely to cause harm or offence to a reasonable person.

5.2. As a user of the Website or Services, you must not:

a. infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

b.  reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;

c.  seek reimbursement from any other party for access to the Website or Services or on-sell any information obtained from the Website or Services;

d.  deceive or engage in conduct likely to deceive any person, impersonate any other person while using the Website or Services, conduct yourself in an offensive manner while using the Website or Services, or use the Website or Services for any immoral or harmful purpose;

e.  submit, post, upload, email or otherwise send or transmit to the Website or Services, or any user anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website or Services;

f.  interfere with the Website or Services or the servers or networks underlying or connected to the Website or Services or violate any of the procedures, policies or regulations of the Website or Services or any networks connected to the Website or Services;

g.  disclose your Access Codes to any unauthorised person; or

h.  use the Website or Services for any purpose which we consider to be unacceptable or which breaches our codes of conduct, as amended from time to time.

6.  Suspension, availability and security

6.1. We may refuse to register your account and / or provide you access to the Website or Services, without giving reasons and without liability to you.

6.2. While we will take reasonable steps to ensure the availability and security of the Website and Services, you accept that the Website and Services provided by us is provided on an “as is”, “where is” and “as available” basis. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.

6.3. We do not represent that the Website or Services (or any software underpinning the Website or Services) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety. Any file obtained from or through this Website or Services are provided, and may only be used, on the basis that BHS will under no circumstances have any responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

7.  Termination

7.1. You may end your access to the Website or Services (in whole) at any time by notifying your manager or BHS. Ending your access in this way will end your ability to access the Website and Services and you will need to register again if you change your mind.

7.2. We may immediately terminate your access to the Website, Services and Access Codes without notice or cause for any reason. Reasons we may terminate your access to the Services include where:

a. you breach any of these Terms;

b. we have ceased to provide the Services, in whole or in part;

c. our business or contractual relationships with third parties require us to do so; and / or

d. we consider that you have done something that is detrimental to our interests or reputation or those of any third parties.

7.3  You acknowledge that none of BHS, any of our third party suppliers or any other person will have any liability to you for any reason whatsoever arising from any termination of your access to the Website or Services.

7.4  You acknowledge that BHS may, at its absolute discretion and without prior notice, modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) at any time. BHS shall not be liable to you in any way for any such modification or discontinuation.

8.  Submitted materials

8.1. The Website and Services may allow users to submit or post information, content and materials (User Generated Content), for access and use by other users, third parties and / or BHS. References in these Terms to User Generated Content does not include any User Information, which is treated separately to User Generated Content. BHS does not systematically review User Generated Content submitted by users and is not responsible for the form or content of any User Generated Content.

8.2. If you choose to submit or post User Generated Content, you must own or have the right to submit or post that User Generated Content and it must not:

a.  infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

b.  deceive or be likely to deceive any person;

c.  be used to impersonate any person (including BHS and its representatives) or to misrepresent your identity or affiliation with any person; or

d.  be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.

8.3. BHS does not claim any ownership rights in your User Generated Content, however, by submitting User Generated Content you are deemed to grant BHS (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and world-wide licence to use that User Generated Content.

9.  Linked Sites

9.1  We may provide links to third parties’ websites (whether on the Website or as part of our advertisements), or may divert your devices to third party websites from time to time (Linked Sites). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. The provision of links to the Linked Sites does not mean that BHS or its directors, officers, employees or agents endorse or recommend, or have any association with, the Linked Sites or any third party goods and services offered by such Linked Sites.

9.2. You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.

9.3. Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.

10.  Intellectual property rights

10.1. The entire contents and design subsisting in, relating to or arising out the Website and Services and available through or in connection with the Website and Services including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (Site Content) are the proprietary property of BHS, our content providers or our licensors with all rights reserved. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised in these Terms.

10.2. No Site Content may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or Services.

10.3. Provided that you are eligible to use the Website or Services, you are granted a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Website and Services and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact (subject to the terms of any relevant existing agreement between BHS and you (Existing Agreement) to the contrary). No other licence to intellectual property rights is conferred. This licence is revocable at any time without notice by BHS and with or without cause.

10.4. Any use of the Website, Services or the Site Content other than as specifically authorised, without our prior written consent, is strictly prohibited and will terminate the licence granted.

10.5. You further acknowledge and agree that you must not, and must not do anything to enable or facilitate any other person or entity to do any thing or deal with the Website, Services or Site Content in any way that infringes, impairs or otherwise diminishes the intellectual property rights of BHS or our suppliers, manufacturers, content providers or licensors.

11.  Warranties disclaimer

11.1. Subject to applicable law and other than any warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010(Cth) (the CCA) and the Australian Consumer Law set out in Schedule 2 of the CCA (the ACL), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (Non-excludable Rights), the Website and Services is provided “as is”, “where is” and “as available” and without any representations, warranties or guarantees of any kind or nature, except as expressly set out in these Terms.

11.2  In relation to your use of the Website and Services, you acknowledge and agree that:

a.  the internet is an inherently insecure communication medium, and you use the Website and Services at your own risk;

b.  save where our negligence, wilful act, or wilful omission caused it, we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website or Services; and

c.  you are responsible for keeping all Access Codes, usernames, passwords and other security-based information secure and private at all times.

12.  Liability

12.1. To the maximum extent permitted by law, our liability for any claim, action, proceeding or dispute, whether in contract, tort (including negligence), breach of statutory duty (including in respect of any Non-excludable Rights) or otherwise (Claim), under or in connection with these Terms is limited to in the case of a supply of services, BHS doing either of both of the following (at our election):

a.  supplying the service again; or

b.  paying the cost of having the service supplied again.

12.2  To the extent that BHS is not permitted to exclude its liability for any Claim in accordance with clause 1 under any applicable law, then, to the maximum extent permitted by law, BHS liability will be limited to $1,000 for all Claims.

12.3  To the maximum extent permitted by law, under no circumstances will BHS be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.

12.4. You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Website or Services or information or content available by means of the Website or Services, or the use of the Website or Services by anyone using your device.

12.5. If a product acquired by you pursuant to these Terms has a manufacturer’s warranty and you are a ‘consumer’ as that term is defined in the ACL, then the manufacturer’s warranty shall apply to the product in accordance with the terms and conditions of such manufacturer’s warranty.

13.  Confidentiality

13.1  The material contained or accessed on the Website, Services or Site Content contains confidential information belonging to BHS (Confidential Information). You may disclose Confidential Information only:

a.  for the purposes of accessing or using the Website or Services;

b.  as required by law; or

c.  as permitted or required in writing by BHS.

13.2  You must take whatever measures are necessary to prevent the disclosure or misuse of Confidential Information, including:

a.  establishing and complying with security measures to safeguard Confidential Information from unauthorised access or use;

b.  keeping secure and protecting your Access Codes, and not disclosing your Access Codes to any unauthorised person; and

c.  keeping all Confidential Information under your control.

13.3. On termination of your use of the Website or Services, or on BHS written request at any other time, you must immediately destroy Confidential Information so that it is incapable of being accessed and provide a statutory declaration to BHS that all Confidential Information has been destroyed in accordance with this clause.

14.  Privacy

When accessing the Website or in providing the Services to you, we will need to collect your personal information (both directly and indirectly). The collection, holding, use and disclosure of your personal information is governed by these Terms and our Privacy Policy, which is available at Privacy-Policy-BHS.pdf (as amended from time to time) (Privacy Policy).

15.  Force majeure

We will not be in breach of these Terms or otherwise liable to you or any other person for any unavailability or failure of this Website, the Services or Site Content or any delay or other failure by us to comply with these Terms that is caused by or arises from any event or circumstances beyond our control.

16.  General

16.1. If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.

16.2. These Terms, together with the Privacy and any Existing Agreement, constitutes the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

16.3. If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents (other than an Existing Agreement) relating to the Website or Services then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.

16.4. If there is a contradiction or inconsistency between these Terms and any Existing Agreement, the terms of the Existing Agreement will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.

16.5. Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and / or obligations under these Terms.

16.6. These Terms are governed exclusively by the laws in force in New South Wales, Australia and this applies notwithstanding any use of the Website or Services outside of New South Wales, Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

17.  Questions

If you have any questions about our Terms or any concerns about the accuracy of this Website or the Site Content, please contact us at info@bestmed.com.au