Terms & Conditions

Terms of use

HeartSmart.me ('the Site') is an online information source and retail shop for heart health. Our terms and conditions outline the rights and responsibilities of HeartSmart.me ('We' and 'Us') and users of the Site ('You'). By using the Site,You agree to be bound by the terms and conditions below, so We encourage You to read them carefully.

Changes to Our terms and conditions

We may change Our terms and conditions at any time, as We consider appropriate. When We do so, We will advise on the Site that the terms and conditions have been amended. If You disagree with the changes to the terms and conditions, please discontinue Your use of the Site, or if You have registered as a member, cancel Your registration. By continuing to use the Site, You agree to the new terms and conditions.

Information disclaimer

Please note that HeartSmart.me is an information resource and retail shop. The Site contains a range of information about heart health. Site content includes content that We, or writers We have commissioned, have written. It may also include user-generated content such as articles and product ratings. Health experts review all health-related content We write, before it is published. We may review user-generated content such as that listed above and reserve the right to remove that content if it is unlawful or breaches relevant advertising codes.

Developments in medical research may impact the health, fitness and nutritional information that appear on the Site. We do not guarantee that information contained on the Site will always include the most recent findings or developments regarding the particular material.


The use of any information provided on this Site is solely at Your own risk. Nothing contained in the Site is intended to be or should be taken to be medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from Your health-care professional because of something You may have read on this Site.

You agree to take complete responsibility for what You do with this information, and for any outcomes that arise from Your actions. We strongly advise You to consult Your doctor or health care professional before undertaking any major changes to Your usual exercise routine and/or diet, or starting, continuing, or concluding a program of medication/supplementation.

Your access or use of this Site does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on Our part or the part of Our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site.

Cardiovascular Risk (CVR) and Body Mass Index (BMI) Calculators

The HeartSmart.me Cardiovascular Risk Calculator has been produced by HeartSmart.me Pty Ltd based on recent data from the Framingham Heart Study to estimate the 5 year risk of cardiovascular disease. This calculator is designed to estimate risk in adults aged 35 and older.

The HeartSmart.me BMI Calculator is a measure of body fat based on height and weight and has been produced based on the Australian standard formula of calculating and reporting of the Body Mass Index (BMI).

The statements and recommendations contained are, unless labelled as “expert opinion” based on independent review of the available evidence. Interpretation of the results of these calculators by those without appropriate medical and/or clinical training is not recommended, other than at the request of, or in consultation with, a relevant health professional.

While care has been taken in preparing the content of this material, HeartSmart.me Pty Ltd and their employees cannot accept any liability, including for any loss or damage, resulting from reliance on the content, or for its’ accuracy, currency and completeness.

This HeartSmart.me Pty Ltd material may be found in third parties programs or materials. This does not imply an endorsement or recommendation by HeartSmart.me Pty Ltd for such third parties’ organizations, products or services, including those parties’ materials or information. Any use of HeartSmart.me Pty Ltd materials by another person or organisation is done so at the user’s own risk. The entire content of this material are subject to copyright protection.

Prepaid Pathology Request

  1. We act as agents for the Service Provider that accepts your Prepaid Pathology Request and who will undertake your pathology collection and test (Service).
  2. You acknowledge that:
    1. The Service Provider reserves the right not to provide the Service if your Request Form is incomplete or contains errors.
    2. Your test results may be affected by your failure to follow the directions of the Service Provider in relation to fasting before your test.
    3. It is your personal responsibility to follow up any abnormal pathology results with your own doctor.
    4. We, nor the medical practitioner contracted to Us are not your doctor nor a health care provider and we have no duty of care to you, beyond making reasonable efforts to mail your pathology results to you and your nominated doctor, if you have opted to do so.
  3. We are not responsible for the accuracy of the results (Test Results) of the Service or any delay or failure of the Service Provider to provide the service.
  4. You give permission to the medical practitioner contracted to us to:
    1. Receive and review your Test Results;
    2. Mail your Test Results to the address that you have provided;
    3. Send a copy of your Test Results to your nominated Doctor, if you have opted to do so;
    4. Contact you directly by any means necessary should your results indicate immediate attention is required.

You acknowledge that we have no obligation to contact you personally about your Test Results and you absolve us should we be unable to reach you after making reasonable attempts to do so.

Copyright and trademark notice

This Site is owned and operated by HeartSmart.me. Unless otherwise specified, all material appearing on this Site, including the logos, Site design, text, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as Well as the selection, assembly and arrangement of the Content is owned by Us, and Our contributors.

The Content is protected by copyright and trademark laws and also may have security components that protect digital information. All audio and video clips are the sole property of HeartSmart.me or their respective content providers. All software used on the Site is the sole property of HeartSmart.me or those supplying the software.

We give You permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for Your own convenience, but You may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.

All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Disclaimer & limitation of liability for products sold

We provide the Site as is, with all faults and as available. We, and Our suppliers make no express or implied warranties or guarantees in regard to any of the products sold on the Site. To the extent permitted by law, We, and Our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.

No oral or written information contained on the Site or given by a HeartSmart.me representative shall create a warranty. You use the Site and the services at Your own risk.

The sole and exclusive maximum liability to HeartSmart.me arising from any product sold on the Site shall be the price of the product ordered. In no event shall HeartSmart.me or any of its representatives be liable for special indirect, consequential or punitive damages in relation to any products sold on the Site.

Disclaimer for use of Site

You expressly agree that use of the Site is at Your sole risk. In no event will HeartSmart.me, its representatives and providers warrant that the Site will be uninterrupted or error-free. HeartSmart.me does not make any warranties regarding results that may be obtained from using the Site, including but not limited to its information, content, or available products.

HeartSmart.me also expressly disclaims any responsibility for the accuracy, content and availability of information found on Sites that link to or from the Site. Some of these Sites may contain materials that are objectionable, unlawful, or inaccurate. Links to other Sites from the Site are provided solely for convenience and do not constitute endorsement of those Sites or the products and services they provide. You acknowledge and agree that We are not responsible or liable for the content or accuracy of these other Sites, and You irrevocably waive any claim against HeartSmart.me with respect to such Sites.

Under no circumstances shall We or any other party which is involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses, (even if We have been advised of the possibility of such damages) that result from:

  1. The use of or inability to use the Site;
  2. The cost of procurement of substitute products resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Site;
  3. Unauthorised access to or alteration of Your registration information, transmissions or data;
  4. Statement or conduct of any third party on the Site;
  5. Negligent or wilful acts of HeartSmart.me or any of its representatives; or
  6. Any other matters relating to the Site.

Upon a request by Us, You agree to defend, indemnify, and hold harmless Us, Our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use or misuse of the Site and products available on the Site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.

International use

The Site, including the information provided on the Site, is designed for and intended for users in Australia. We make no representation that the Site is applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site from territories where the content is illegal is prohibited. If You choose to access the Site from a location outside Australia You do so on Your own initiative and You are responsible for compliance with local laws.

Registered member obligations

Registering as a member enables You to purchase products from the HeartSmart.me online shop. It also enables You to receive information and updates. When You register We require You to provide Your name, email address, delivery address, date of birth and a password.

By registering as a member, You agree to provide true, complete and accurate information, as required on the registration form, and You further agree to maintain the currency of this information. If the information You provide is incomplete or inaccurate, or if We, acting reasonably believe the information to be incomplete or inaccurate, We reserve the right to suspend or terminate Your registration, and may refuse current and future use of the Site. As a registered member, You agree that You will protect Your account password, to maintain Your confidentiality. You are responsible for all use of the Site that takes place through Your password and registration details. You agree to notify Us immediately of any unauthorised use of Your account, or any other security breach.


Obligations of all users

You may use the Site for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair Our servers or networks, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce Our terms and conditions.

Personal information and security

The HeartSmart.me Privacy Policy and Security Policy explain what personal information We collect, and how We store and use this information. You consent to the transfer of this information to and within Australia for processing and storage by Us. You also agree that We may use this information to authenticate You as a registered member using the Site.

Pricing policy

All prices on the Site are shown in Australian dollars (AUD) and include GST. We reserve the right to cancel or amend orders when products have inadvertently been listed at an incorrect price.

Purchase quantities

We reserve the right to monitor and limit the purchase amounts of products at Our sole discretion. We sell products to individuals and to commercial entities. If You wish to make a large-size order, please contact Us.

Ordering and payment

Our processes and Our respective obligations are explained in the Ordering and Payment Policies.

Delivery, Refund and Returns

Our processes and Our respective obligations are explained in the Delivery, Refund and Returns Policies.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between You and Us and supersede all previous written or oral agreements. If any part of these terms and conditions are held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Applicable Law for Resolving Disputes

You agree that the law of the State of New South Wales, Australia governs these Terms of Service and any claim or dispute that You may have against Us. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in the State of New South Wales.

Termination

These terms are effective even if either part terminates this Agreement. You may terminate Your registration at any time. You agree that We may terminate and/or suspend Your registration immediately, without notice, if there has been a violation of these Terms and conditions or related policies by someone using Your Credentials. We may also cancel or suspend Your registration for any other reason, including inactivity for an extended period, but will attempt to notify You in advance of such cancellation or suspension.

*$4.99 Prescription offer

Excludes delivery cost.
One off discount applies to the first prescription purchased.
Excludes Eliquis, Ezetrol, Coveram, Co-Plavix, Pradaxa, Vytorin, Xarelto, Tibolone, Nicotine gum, Duodart and Kliovance