Acceptance of Terms and Conditions
This website is owned by The Hairy Company Pty Ltd (ACN 625 430 239) (“The Hairy Company” or “we”, “us” or “our”).
To give context to these terms and conditions below, it is important that you understand the role that The Hairy Company Pty Ltd (ACN 625 430 239) (“The Hairy Company” or “we”, “us” or “our”) plays in the processes relating to any purchase or use of the hair loss treatment by you. The content under this section “Context” forms part of these Terms and Conditions.
What is The Hairy Company?
We are the operators of an online service. We have developed this website, the branding and packaging of the hair loss treatment. We provide information about a hair loss treatment and a means of accessing partner registered doctors who prescribe and partner registered pharmacists who prepare and dispense. The doctors and pharmacists are not employees of The Hairy Company and your relationship with them while created with our assistance, is independent of us.
What we are not.
The Hairy Company is not a pharmaceutical research or development company. We are not scientists and do not test or develop pharmaceuticals. We did not invent the underlying intellectual property (IP) and technology of the hair loss treatment.
The underlying IP and technology adapted has been developed by its patent owner Samson Clinical Pty Ltd (ACN 607 005 514) (“Samson Clinical”).
We are not doctors and we are not pharmacists. We have arrangements with registered doctors and registered pharmacists who we connect you with in order for the doctors to consider whether or not to prescribe the hair loss treatment (based on the medical information you provide via our website) and, if appropriate, prepare and forward a prescription to a pharmacist to prepare and dispense the hair loss treatment.
The fee you pay us includes an amount which we receive on behalf of the doctors and pharmacists involved in assessing, prescribing, consulting, counselling, preparing and dispensing and is paid to them on your behalf.
Why are we telling you this?
Because we are the operators of an online service and not the developer of the hair loss treatment, scientists or a pharmaceutical company. Our terms and conditions below include a number of clarifying terms and exclusions of liability to make clear that we are not providing you with medical or pharmaceutical advice and will not be responsible for the results of you taking the hair loss treatment. We leave it to you, the doctors and the pharmacists to ensure that there is an accurate exchange of information before you are prescribed the hair loss treatment and to ensure that the necessary consideration and expertise is applied to the decision to prescribe the hair loss treatment for you.
You are also expected to take responsibility for your own health by:
- providing complete and accurate information about you and your health and medical history when you register as a member;
- participating in medical reviews (see paragraph 15);
- advising your usual treating doctor that you are taking the hair loss treatment and
- seeking your own medical advice and assistance if you believe you are suffering any adverse effects from taking the hair loss treatment,
and you hereby agree to do so.
You should not consider any of the content of our website or any information provided to you by our representatives (excluding doctors and pharmacists with whom you are connected through our website) to be medical advice nor a guarantee that the hair loss treatment is safe or will result in any particular outcome for you. As with many medications and treatments, there are possible side effects and results differ according to your particular circumstances. You accept these risks if you choose to take the hair loss treatment.
What is the hair loss treatment?
“The Hairy Pill®” is the name we have given the underlying IP and technology developed by Samson Clinical.
Our website provides a high-level description of some of the main constituent active ingredients. If you have any known allergies to any medications and/or have previously experienced an adverse reaction to taking medications, you should not take the hair loss treatment.
What is the process?
You register online with The Hairy Company as a member. When you register, you will be prompted to provide information including information relating to your health and medical history. You will also pay a fee which covers the services our website provides as well as fees payable to a doctor and a pharmacist in respect of prescribing, consulting, dispensing and delivering the hair loss treatment for you. Your registration represents a request by you for the doctor and pharmacist we select to provide these services to you and for us to engage them on your behalf to do so. Importantly, this creates a doctor/patient and pharmacist/patient relationship directly between you and the doctor/pharmacist and you hereby acknowledge and agree that this is the case.
The doctor will consider the information you have provided and determine whether or not the hair loss treatment is suitable for you. If the doctor requires further information, he or she may contact you directly (usually via the email address or telephone number you provide) to obtain that information. Your request for the hair loss treatment may not be processed further until you provide that information.
The process of you providing information including medical and health information, the doctor considering this information (and any other information requested by the doctor) and the doctor preparing, or determining not to prepare, a prescription for the hair loss treatment is referred to below as the “Initial Review/Consultation” and represents a doctor/patient consultation directly between you and the doctor (independent of The Hairy Company).
If the doctor determines that it is appropriate to prescribe the hair loss treatment for you, the doctor will deliver a prescription in your name directly to a pharmacist selected by us who will prepare and dispense the hair loss treatment. You will be advised by email when this has occurred. That pharmacist will get in contact with you via phone and counsel you the first time you register to confirm your identity, discuss the active ingredients and answer any questions you may have before preparing the hair loss treatment and sending it to the postal address you have provided to us.
If the doctor does not consider that it is appropriate to prescribe the hair loss treatment for you, you will be advised of this and the full amount of the fee paid by you will be refunded to you in Australian Dollars (AUD).
The doctor will only consider whether the hair loss treatment is suitable for you. The doctor will not consider alternative treatments that may be available to you. If you wish to explore alternative treatments, you should seek advice from your treating doctor or other appropriate medical services providers.
In preceding to register as a member on our website, you acknowledge and agree to the arrangements and terms detailed above and to the additional terms and conditions detailed below.
More Terms and Conditions (The important fine print)
- We may change any content on our website, including these terms and conditions, at any time. You must regularly check this website, including these terms and conditions, in order to identify any such changes. You agree that following any such to these terms and conditions, the terms and conditions as changed, will apply to any access, transaction, action, activity or interaction between or involving you and us occurring after that change.
- We do not guarantee that the hair loss treatment will result in a reduction in hair loss or the regrowth of hair. Results may differ between individuals. You agree that you understand this and also understand that the hair loss treatment will not result in a permanent cure to hair loss and that any results of taking the hair loss treatment are dependent on continuing to take the hair loss treatment. In order to continue to experience the results (if any) of taking the hair loss treatment, you will need to maintain your membership, pay ongoing fees and continue to take the hair loss treatment.
- If you receive the hair loss treatment via our service and experience any adverse effects or symptoms (or suspect you may be experiencing such adverse effects or symptoms) you agree that you will immediately:
- cease taking the hair loss treatment;
- seek medical advice from your own doctor; and
- advise us via your member account or by telephoning or emailing or us (via the contact details provided on our website).
- Only persons who have registered with The Hairy Company as members via our website are able to participate in our process for receiving the hair loss treatment. When you register, a membership account containing your details is created. You must not register, or attempt to register, in any name other than your own.
- Any username or password you create in respect of your membership account is your responsibility. You must choose a password that is not known to others and is not easily identified. You must keep the details of your password confidential and you are responsible for all information provided, and all transactions conducted, using your username or password. You are able to change your username or password at any time and you agree that you will immediately do so if you become aware, or suspect, that another person knows your password.
- If you:
- are under the age of 18;
- have ever had an adverse reaction to any of the constituent ingredients of the hair loss treatment described on our website;
- are not resident in Australia; or
- suffer from heart palpitations,
do not proceed. You should not create a membership account, should not request the hair loss treatment and you should not take the hair loss treatment. If you register as a member with The Hairy Company, you warrant that none of the above circumstances apply to you.
- You warrant that all information you provide to us (including Your Information) is complete and accurate. You acknowledge the importance of this as the information you provide in relation to your health and medical condition will be utilised by doctors and pharmacists involved in prescribing the hair loss treatment, including in assessing whether the hair loss treatment is safe and suitable for you. You must not provide any false or inaccurate information. Doing so will be a breach of these terms and conditions and, more importantly, is dangerous as persons with certain medical conditions and health circumstances should not take the hair loss treatment. You must not register as a member in a name other than your own and you must not supply the hair loss treatment to any other person. If the hair loss treatment is prescribed for you it is for your personal use only and is not to be taken by any other person.
- When you create your member account, you will provide credit card details and you agree that we may charge an initial fee of $225 Australian Dollars (AUD) to your nominated credit card. This fee covers:
- our services;
- the Initial Review/Consultation by the doctor;
- the preparation (compounding) of the hair loss treatment by a registered partner pharmacist. This will include a three month course of the hair loss treatment; and
- the delivery by post of the hair loss treatment to the address in Australia provided by you as part of your account details.
If the doctor determines not to prescribe the hair loss treatment for you, you will receive a refund of your fee.
- Approximately 10 days before the date that is three months after your first prescription is issued, a registered partner doctor will determine whether or not to issue a prescription for a further three month course of the hair loss treatment (including any change to the dose of any of the active ingredients of the hair loss treatment included in the prescription). If the doctor does so, we will charge a fee of $75 in Australian Dollars (AUD) to your credit card and will charge a further $75 in Australian Dollars (AUD) in each of the two months thereafter. This fee will cover our services, the ongoing review by, any consultation with (see below) and the issue of any prescription by, our partner doctor and fees for the pharmacist compounding and delivering the hair loss treatment to you.
- The processes for medical reviews and the prescribing and dispensing of the hair loss treatment will continue after the six month mark as described below and we will continue to charge a fee of $75 in Australian Dollars (AUD) per month to your credit card until you or we cancel your membership or a doctor or pharmacist determines that you should no longer be prescribed the hair loss treatment.
- You may cancel your membership at any time. We may cancel your membership at any time for any reason or for no reason. You will not be required to pay any fees following cancellation of your membership.
- The information you provide when you register as a member includes health information to be provided to a partner doctor and for the doctor to consider in conducting the Initial Review/Consultation. You will be advised by email whether or not he or she considers that the hair loss treatment is suitable for you and whether or not a prescription has been written and delivered for the preparation of the hair loss treatment for you.
- Every three months a registered partner doctor will review Your Information and determine whether or not to prepare a prescription for a further three month course of the hair loss treatment for you (“Quarterly Review”). You authorize us to appoint that doctor and request the conduct of the Quarterly Review on your behalf. The doctor may not be the same doctor who has previously prescribed the hair loss treatment for you. You must provide up to date and additional information to us for the purposes of the next Quarterly Review if there has been any change in your health or medical condition, or if you have experienced any adverse symptoms that might be associated with taking the hair loss treatment, and you agree to do so.
- You must actively participate in the Quarterly Review conducted:
- six months after you are first prescribed the hair loss treatment;
- every six months thereafter; and
- at any other time if we or a doctor require you to,
by providing up to date medical and health information and any other information required by us or by a doctor. If you do not, the doctor will not prescribe a further course of the hair loss treatment until you do so. We may cancel your membership if you fail to actively participate in any such Quarterly Review.
- Most initial prescriptions of the hair loss treatment will involve a low dose of certain of its active ingredients. These may be increased over time and such increases may impact upon the effectiveness of the hair loss treatment. No change in dose will be made unless you have actively participated in a Quarterly Review (in the manner detailed in paragraph 15 above) prior to such change in dose.
- We take no responsibility for any Initial Review/Consultation, Quarterly Review or other interaction between you and any doctor described in these terms and conditions nor any other communication with, or action by, any doctor arising from your membership (“Doctor Interactions”) save that we will ensure that any doctor who we arrange to conduct an Initial Review/Consultation or Quarterly Review will be a registered medical practitioner under the Health Practitioner Regulation National Law, as in force in each state and territory (the National Law). While such doctors may be a party to an agreement with us granting intellectual property rights enabling the doctor to prescribe the hair loss treatment and regulating the arrangements for the doctor participating in the processes described above, the doctor is otherwise independent of us and is considered your doctor, and you are considered the doctor’s patient, directly. It is for the doctor to exercise his or her professional judgement in determining whether or not to prescribe the hair loss treatment and we take no responsibility for the doctor’s decision to prescribe, or to not prescribe, the hair loss treatment or the results of the doctor so deciding.
- We take no responsibility for any activity undertaken by a pharmacist described in these terms and conditions, including any counsel, preparation, compounding or dispensing of any medicine or drug (including the hair loss treatment) or its delivery to you (“Pharmacist Action”) save that we will ensure that any pharmacist who we arrange to undertake any Pharmacist Action will be a registered Pharmacist under the National Law. While such pharmacists may be a party to an agreement with us granting intellectual property rights enabling the pharmacist to perform Pharmacist Actions in respect of the hair loss treatment and regulating the arrangements for the pharmacist participating in the processes described above, the pharmacist is otherwise independent of us and is considered your pharmacist, and you are considered the pharmacist’s patient, directly. It is for the pharmacist to exercise his or her professional judgement in performing any Pharmacist Action and we take no responsibility for the pharmacist’s acts or omissions.
- You must follow all directions and instructions given to you by any doctor or pharmacist in respect of the hair loss treatment including any instructions for use provided to you with any course of the hair loss treatment. Such instructions may change from time to time or with changes in the dose of ingredients included in your prescription of the hair loss treatment and you agree that you will carefully read instructions provided to you with, or in respect of, the hair loss treatment on each occasion that they are provided. You acknowledge that you have read the information on our website and provided to you by any doctor or pharmacist engaged in the process of prescribing and providing the hair loss treatment to you in respect of the possible adverse effects (side effects) of taking the hair loss treatment.
- We do not guarantee that the hair loss treatment is an appropriate treatment for you or that you will receive any benefit from taking the hair loss treatment. We do not guarantee that you will not suffer any adverse effects from taking the hair loss treatment. We take no responsibility for any event resulting from you taking the hair loss treatment or from us terminating your membership or refusing to provide services to you (including services that assist in enabling you to take the hair loss treatment). Without limiting the foregoing, if you don’t like this, or do not accept that we will not be liable for such matters, do not proceed with your membership registration, do not request the hair loss treatment and do not take the hair loss treatment.
- We are reliant on third parties for the preparation and delivery of the hair loss treatment to you. The delivery of the hair loss treatment is arranged by the pharmacist who prepares the hair loss treatment for you and delivery is via Australia Post or another delivery service. We take no responsibility for the timing of the preparation or delivery of the hair loss treatment to you save that if you have paid for a course of the hair loss treatment and do not receive that course (at all or within 14 days of the date you are advised that a prescription has been prepared for you) you may cancel your membership and we will refund the amount paid to you.
- All refunds or payments by us to you will be by way of a refund to the credit card nominated by you in your member account in Australian Dollars (AUD).
- While we use reasonable endeavours to ensure that information on our website is accurate and complete we cannot guarantee the accuracy or completeness of such information or that it is comprehensive in respect of any item of information provided. To the extent permitted by law, including the Australian Consumer Law, we make no warranty and give no guarantees regarding the information on our website including, that it is up to date, complete or accurate.
- Our website may contain links to other websites operated, controlled or produced by third parties. Unless expressly indicated, we do not control, endorse, sponsor or approve any such third-party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- We do not grant you any rights in relation to any intellectual property contained in, referred to in, or comprising, our website save for a non-exclusive right to use that intellectual property solely for the purposes of registering as a member, participating in the processes for receiving the hair loss treatment and using the hair loss treatment for your sole and personal use. All other use, copying or reproduction of any content of this website or other intellectual property appearing, or referred to, on this website is prohibited, except to the extent permitted by law.
- Unless expressly permitted by us, you agree that in accessing and using our website, you will not:
- download (other than page caching) or modify our website or any portion of our website;
- impersonate or falsely claim to represent a person or organisation;
- frame our website without our express written permission; or
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
- Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by agreement (“non-excludable guarantee”).
- To the fullest extent permitted by law, including the ACL, The Hairy Company makes no warranties or representations as to any matter including:
- the accuracy or completeness of any information appearing on our website; or
- the quality, fitness for purpose, merchantability or suitability of any product or service referred to on our website, including the hair loss treatment or any service provided by any doctor or pharmacist as a result of any interaction with our website.
- To the fullest extent permitted by law, the liability of The Hairy Company for a breach of a non-excludable guarantee is limited, at The Hairy Company’s option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- To the fullest extent permitted by law, The Hairy Company will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with our website, the content of our website, all links to or from our website or any goods and services referred to on, or received as a result of an interaction with, our website. For clarity, in the case of consumer guarantees granted under the ACL for which loss cannot be excluded, The Hairy Company acknowledges that it may be liable for losses that:
- resulted from The Hairy Company’s failure to meet a consumer guarantee; and
- are reasonably foreseeable,
to the extent that excluding such liability is prohibited by the ACL.
- Without limiting any other provision of these terms and conditions, to the maximum extent permitted by law, you agree that the maximum aggregate liability of The Hairy Company for all proven losses, damages and claims arising out of or in connection with these terms and conditions, our website or the supply of any good or service to which these terms and conditions apply, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100 in Australian Dollars (AUD).
- These terms and conditions will be governed by and construed in accordance with the laws in force in the State of Victoria, Australia.
- Part or all of any provision of these terms and conditions that is illegal or unenforceable will be severed from these terms and conditions and will not affect the continued operation of the remaining provisions of these terms and conditions.
- In these terms and conditions, unless the context requires otherwise:
- headings are for convenience and do not affect interpretation;
- the singular includes the plural and vice versa;
- words denoting any gender include all genders;
- where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to “$”, “$A” or “dollar” is a reference to Australian currency;
- a reference to a party includes its executors, administrators, successors and permitted assigns;
- words and expressions denoting natural persons include bodies corporate, partnerships, associations, governments and governmental authorities and agencies and vice versa;
- “include”, “includes” and “including” are not words of limitation; and
- a reference to any legislation, statutory instrument or regulation shall be construed in accordance with the Acts Interpretation Act 1901 (Cth) (or the equivalent State legislation, as applicable).