PLEASE READ THESE TERMS AND CONDITIONS REGARDING THE HIGH PERFORMANCE PHARMACIST ONLINE SERVICES CAREFULLY BEFORE BOOKING YOUR CONSULTATION.

Welcome to The High Performance Pharmacist, which offers personalised health consultations to discuss lifestyle goals that may be assisted through our custom supplement services. By engaging our Services, you are agreeing to comply with and be bound by the following booking terms, privacy policy, general terms and conditions ("Terms"), that govern our relationship with you in relation to your use of Website and engagement of our Services.

1. ACCEPTANCE OF TERMS

1.1 By using our Website and engaging our Services, you signify your acceptance to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website and our Services.

1.2 You consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 1999 (Cth) and without limiting the generality of the foregoing, your consent and signature as to acceptance of this Agreement will be completed by your ticking the acceptance box on our Booking Form.

2. TERMINOLOGY

In these Terms:

"Client" means any person engaging our High Performance Pharmacist Services.

"Confidential Information" means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business know how, methods, methodologies, procedures, techniques, procedures and health information and personal information.

"health information" has the same meaning as set out in the Privacy Act 1988 (Cth).

"health service provider" has the same meaning as set out in the Privacy Act 1988 (Cth).

"Materials" means resources, written documents, questionnaires, email content, or other material which may be required to assist and enable the Services to be performed.

"personal information" has the same meaning as set out in the Privacy Act 1988 (Cth) and includes your name, mobile phone number, email and residential address details.

"Pharmacist" means the person providing the Services on behalf of The High Performance Pharmacist.

“Rebooking Fee” means the fee required to rebook your consultation when you have not provided the 24-hour notice requirement which is currently $50AUD.

"Services" means a custom-tailored health solution which includes a personal online consultation to create bespoke formulated supplements toalign with your lifestyle goals.

"You" (and related grammatical terms such as "your") means any Client.

“we”, “our”, “us” and “The High Performance Pharmacist” means Carraro Investments Pty Ltd ATF Carraro Investment Trust t/a The High Performance Pharmacist and includes the Pharmacist, directors, employees and contractors from time to time.

"Website" means thehighperformancepharmacist.com.

3. HOW IT WORKS

3.1 You can go onto our website and choose to purchase a consultation. The consultation fee does not include any supplements. 

3.2 Once you have made payment, you can choose a time and date for an online consultation via the calendar link that will be provided. You will then be asked to fill in a questionnaire that will assist the consult discussions.

3.3 The Pharmacist will discuss the questionnaire, your goals, and if suitable, some potential ingredients for your supplement.  These details will be emailed to you within 48 hours of your consultation. 

3.3.1 If you decide to go ahead and purchase the suggested supplements, you will be emailed an invoice for payment.  Once paid, the supplements will be compounded in a registered pharmacy and and sent directly to you.

3.4 Your Pharmacist will check in with you via email after one week (7 days) and one month (30 days) to see how you are feeling and check on progress.

3.5 At the end of your supplement supply, if you wish to reorder your supplements we will do a ‘risk assessment’ to ensure the supplements are still suitable for your requirements.

3.6 If you wish to change your goals or require a substantial change to your requirements and supplements, you can book another consultation via our Website.

4. REGISTERING AND BOOKING APPOINTMENTS

4.1 You must purchase the consultation online using the online form, pay the fee and book your appointment.

4.2 When you first access the appointment booking process on the Website:

4.2.1 We send you to a calendar to select your preferred consultation time.

4.2.2 We will confirm and provide details for the online booking consultation via email after payment.

4.2.3 You will also be sent an email link containing a health, lifestyle, diet and goal questionnaire with details to fill out at least twenty-four (24) hours prior to your booked consultation appointment.

4.3 You acknowledge that in order for us to effectively and efficiently deliver the Services to you for the consultation, we need to:

4.3.1 Receive and review your completed health and lifestyle questionnaire (described in paragraph 4.2.3) at least twenty-four (24) hours before your consultation booking; and

4.3.2 Receive and review any other relevant health information and consents included in this questionnaire or otherwise provided by you.

4.4 You will advise us of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which we may need to be aware.

4.5 You are responsible for ensuring you attend the consultation with the Pharmacist at the correct time scheduled for the appointment.

4.6 Any late arrival to the consultation time online will still finish on time so as not to impact any other clients that may be scheduled after your consultation appointment. We will only wait a maximum ten (10) minutes before closing the online meeting if we have not heard from you by this time.

5. CLIENT WARRANTIES AND PHARMACIST SERVICES

STATEMENT

5.1 You should always check with your medical practitioner prior to commencing any new regime that may directly or indirectly impact your health or wellbeing. This is particularly important if you are taking any medication which may interact or be impacted by taking supplements of any type. By attending our consultation, you warrant you have made the relevant enquiries with your relevant medical professional and there is no issue or impediment to going ahead with our Services.

5.2 We at no times dispense any drugs, medications, fill prescriptions, or otherwise offer any Services beyond or in addition to our consultation and supplement services as described above. If you require traditional pharmacy services, we ask that you either attend a pharmacy in person or contact us to find out where you can do so.

6. CONSULTATION CANCELLATION, REBOOKING AND REFUNDS

6.1 Where you have booked your consultation with the Pharmacist and it has been confirmed, you are required to ensure you are on time and/or otherwise contact the Pharmacist in writing at support@thehighperformancepharmacist.com with a minimum twenty-four (24) hours notice to reschedule. This will give the Pharmacist an opportunity to schedule another client.

6.2 In the event you do not provide 24 hours’ notice to cancel your consultation, you will forfeit this consultation and no refund will be provided.

6.3 You will be able to rebook your consultation by paying the Rebooking Fee and agreeing a new time with the Pharmacist.

6.4 If you are more than ten (10) minutes late for your consultation appointment the Pharmacist will treat your delay as a 'did not attend consultation' (DNA) in order that subsequent client sessions for that day are not delayed. In the event of such a DNA the fees for the consultation will be forfeited and the consultation will not be rescheduled without payment of a Rebooking Fee.

6.5 As your supplements are curated for your individual use and specific requirements, we do not offer any refunds.

6.6 Any other refund or rebooking will be in our sole discretion.

6.7 All refunds and rebooking of consultations will be in accordance with Australian Consumer Law (ACL) requirements. We at no time seek to override or exclude any statutory rights you may have under the ACL.

7. SPECIFIC WARNINGS AND DISCLAIMERS

The Client acknowledges and agrees that:

7.1 Results of the Services vary from individual to individual, as performance, progress and success of the Services are dependent on the individual goals, human physiology and individual attributes of the Client, in addition to other factors beyond the control of the Pharmacist. We cannot and do not guarantee any particular or any results and the Client is solely responsible for their own progress.

7.2 Whilst we make every attempt to ensure that the labelling of the supplements supplied by the manufacturer accurately list all of the ingredients used, we rely on the representations and warranties made by the manufacturer. If you have any sensitivities or allergies to any listed ingredients, you should not consume the supplements. Should you develop any symptoms or allergic reactions, discontinue use immediately.

7.3 It is normal to experience some initial changes as your body adjusts when first commencing a new supplement regime. These changes may include variations in energy levels, digestion, or overall well-being. If, while taking any of our supplements you begin to feel ill, nauseous, unwell, or are having adverse reactions, you should promptly cease taking our products, discontinue use and immediately contact your medical practitioner.

7.4 You are responsible for consulting a suitable medical professional before using or relying on any of the information or materials provided as part of the Services or before trying any diet, technique, exercise, or taking any course of action that may directly or indirectly affect your health or well-being. This includes but is not limited to any change in diet, additional supplements or other lifestyle changes.

7.5 Our supplements are created for your individual use and at no time should you share or otherwise provide our supplements to any other individual. They are curated for your individual circumstances only. You should keep all products out of reach of children.

7.6 Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis and are not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner.

7.7 You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services. In no event will we, including the Pharmacist, be liable for any consequential, indirect, incidental or special damages of any kind including any damages for injury, death, loss of income or profits, interruption of business, even if the possibility of such loss was made known to the Pharmacist.

8. SUPPLY OF SUPPLEMENTS

Our supplements may either be collected from a pharmacy location advised at the time of your consultation or otherwise may be delivered to you by Australia Post or Star Track with a signature required on delivery. Damaged or lost orders should be resolved with Australia Post/Star Track. We will use best efforts to assist with any delivery issues and replacement of damaged or lost items by Australia Post is made in our sole discretion.

9. AUSTRALIAN CONSUMER LAW

9.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ("Statutory Rights").

9.2 Our liability is governed solely by the ACL and these Terms. These Terms exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.

9.3 Except for your Statutory Rights, the Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

9.4 When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

(i) The supply of the goods or services again; or

(ii) The payment of the cost of having the goods or services supplied again.

9.5 Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

9.6 In any case, our liability is limited at all times to amount of the last invoiced fees paid by the Client.

10. INDEMNITY

The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold the Pharmacist and ourselves (including any employee or contractor or director), harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party Claims.

11. PRIVACY AND SECURITY OF INFORMATION

11.1 We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to personal information and health information you provide to us directly or the Website. We will use all reasonable efforts to maintain the security of the Client's personal information and health information.

11.2 We do not and will not sell or deal in personal or health information. We may however use the data that you provide us, in an anonymised form, to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the data that you provide to improve our Website and Services but not for any other use.

11.3 We may be required, in certain circumstances, to disclose your personal or health information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; to protect the rights, property or safety of our customers or third parties; or if it is necessary to prevent a serious threat to life, health or safety and it’s not practical to get your consent.

11.4 We may share your personal or health information with third party service providers in order to provide the Services, including when we refer you to appropriate health professionals or when the information is necessary to provide a health service and the health service provider is following rules set by a competent health or medical body. By providing your personal information and health information to us, you agree that we can disclose your personal information to service providers and other third parties that can assist with providing the Services or when we you to appropriate health professionals or any health service provider.

11.5 To reduce the risk of fraud or misuse of personal information, we and our designated service providers may verify your personal information with third party service providers. All our third-party service providers are under the same duty of confidentiality and privacy with respect to any of your personal data.

12. CONFIDENTIALITY OBLIGATIONS OF CLIENT

12.1 The Client agrees that he or she will:

(a) keep confidential and secure;

(b) not use directly or indirectly; and

(c) not disclose directly or indirectly, all Material provided to the Client and all Confidential Information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:

(i) as required by law or any regulatory authority; or

(ii) with the Pharmacist’s express written consent; or

(iii) which the Client can establish is in the public domain (other than through a breach by the by the Client of this agreement).

13. CONFIDENTIALITY OBLIGATIONS OF THE PHARMACIST

13.1 We agree that we will:

(a) keep confidential and secure;

(b) not use directly or indirectly; and

(c) not disclose directly or indirectly, all health information and personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:

(i) as required by law or any regulatory authority; or

(ii) which we can establish is in the public domain (other than through a breach by us of this agreement).

13.2 The Pharmacist may disclose the Client’s health information and personal information to any employees, contractors or other service providers that we may engage from time to time to provide the Services, PROVIDED THAT the Pharmacist will not at any time disclose or allow access by any person or third party to any of the Client’s health information and personal information unless required to perform the Services in which case, the Pharmacist will ensure the person receiving the Client’s health information and personal information are under the same duty of confidentiality as the Pharmacist is under this Agreement.

14. INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT

14.1 All Material, custom graphics, icons, logos and brand names are our copyright works or are registered trade marks or service marks, unregistered trade or service marks that either belong to us or are licensed to us.

14.2 Materials may be provided to the Client from time to time during and to enable the provision of the Services. Your right to use our Materials do not extend beyond the following limited license:

14.2.1 Materials may be only be reproduced for your personal private use; and

14.2.2 At no time may the Materials be reproduced and provided to third parties without our express written permission.

14.3 All Materials are provided without warranties of any kind, both express and implied. Any literary works, artistic works, designs and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain our property at all times.

14.4 Any unauthorised use of the Material, custom graphics, icons, logos and brand names appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

15. DISPUTES

15.1 If at any time any aspect of the Services is not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify us of any such reason, the specifics and will provide us with a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the consultation and provision of the Services and it is up to the Client to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.

15.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

15.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own Costs.

16. TERMINATION

16.1 For any breach of any of the obligations of these Terms, the person who has committed the breach will immediately remedy or rectify the breach promptly.

16.2 Confidentiality obligations survive and continue in the event of any dispute or termination and, in any event, after the delivery of the Services.

17. WARRANTIES

We represent and warrant in providing the Services, we will comply with all statutes, regulations and professional standards related to the delivery of the Services.

18. GOVERNING LAW

This Agreement is governed by the laws from time to time in force in South Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of the state of South Australia for determining any dispute concerning this Agreement or the Services.

19. GENERAL

19.1 If we waiver any rights under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

19.2 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

These Terms were last modified on 24 August 2025 and are effective from that date.

20. DIETARY OR SPORTS SUPPLEMENTS

All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional dietary advice or treatment. In addition, the products themselves including any food supplements are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.

It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither www.thehighperformancepharmacist.com or its employees may be held responsible for any claim made against them.

You should also consult a physician or medical practitioner before taking any dietary supplement, especially if you are pregnant or nursing.