Terms of Use

Acceptance and eligibility

These Terms of Use form an agreement between you and MFS P/L — Medical Flavouring Systems (“MFS”, “we”, “us” or “our”). By accessing or using this website, you agree to these terms and our Privacy Policy. If you do not agree, do not use the website.

You must be at least 18 years old to submit an order. If you use the website for a pharmacy, hospital, health service or other organisation, you confirm that you are authorised to act for that organisation and to bind it in relation to your use and any order you place.

Website purpose

This website presents general product, commercial and reference information about the ORA® compounding vehicle range supplied by MFS in Australia. It is intended primarily for pharmacy and healthcare professionals.

References to products do not constitute an endorsement for a particular patient or use. You must independently verify current product information, legal requirements, ingredient suitability, compatibility, stability and beyond-use dating before acting on website content.

Orders, pricing and promotions

Prices are displayed in Australian dollars. The website identifies whether GST is included or excluded, and the checkout presents the amount payable before you confirm payment. Product availability, order limits, promotional eligibility, bonus quantities, prices and delivery estimates may change or be corrected before an order is accepted.

Submitting an order or obtaining a payment authorisation does not by itself require MFS to accept the order. An order is accepted when MFS confirms acceptance or begins fulfilment. We may decline or cancel an order for legitimate reasons such as unavailable stock, an obvious pricing or technical error, suspected fraud, delivery limitations or failure to meet trade requirements. If we cancel after receiving payment, we will arrange an appropriate refund.

Hosted checkout and payment processing are provided by Stripe. You must provide accurate, current and complete order, billing and delivery information. You authorise the payment method for the total shown at checkout.

Delivery timeframes are estimates unless MFS expressly agrees otherwise. Contact the order desk promptly about an incorrect, damaged or missing delivery. Your rights and remedies under applicable law, including any non-excludable consumer guarantees, are not affected by these terms.

Acceptable use

You may use the website only lawfully and in accordance with these terms. You must not:

• use the website for fraudulent, unlawful, misleading or harmful activity;
• attempt to gain unauthorised access to the website, server, checkout, accounts, data or connected systems;
• introduce malware or interfere with the availability, security or operation of the website;
• impersonate another person, misrepresent your authority or submit false order information;
• use automated tools to scrape, copy or overload the website except for ordinary search-engine indexing or with our written permission;
• remove ownership notices or use content in a way that infringes another party’s rights; or
• help another person do any of the above.

We may investigate suspected misuse, preserve relevant records and restrict access where reasonably necessary to protect the website, MFS, customers or third parties, or to comply with law.

Intellectual property and trade marks

The website design, MFS branding, copy, arrangement and original content are owned by or licensed to MFS and are protected by applicable intellectual-property laws. You may view the website and make a reasonable print or digital copy for internal, non-commercial professional reference. No other licence is granted.

ORA-Plus®, ORA-Sweet® and ORA-Blend® are registered trade marks of Padagis. Manufacturer product images, product information and linked documents remain the property of their respective owners. Use of a third-party name, mark or resource does not transfer ownership to MFS or grant you a licence.

For permission to reproduce MFS-owned content beyond the limited use above, contact us in writing.

Third-party content and links

The website links to resources operated by third parties, including Padagis product materials, studies and Secundum Artem documents, and to Stripe Checkout. Links are provided for convenience and reference. MFS does not operate those services and does not control their content, availability, security, terms or privacy practices.

Study citations and archived material may be historical. A link does not mean the information is current, complete or appropriate for a specific use. Access to an external site is at your discretion and subject to that site’s terms.

Website availability and updates

We may update, suspend, withdraw or restrict any part of the website without notice. We do not guarantee uninterrupted access or that every feature, product, document or link will remain available.

We take reasonable care when preparing content, but information may contain typographical, technical or pricing errors or become outdated. We may correct or update content at any time. You are responsible for ensuring that anyone accessing the website through your systems understands and follows these terms.

Privacy

Our Privacy Policy explains how MFS collects, uses, discloses, stores and protects personal information and how you can request access or correction or make a privacy complaint. Stripe and other external services also apply their own privacy policies.

Disclaimers

To the maximum extent permitted by law, the website and its content are provided on an “as available” basis. MFS does not promise that the website will be uninterrupted, error-free, secure or free from harmful code, or that all content will be complete, current or suitable for your particular purpose.

Nothing on the website is a representation or warranty about a compounded preparation, clinical result or patient outcome. Manufacturer materials and third-party content are the responsibility of their respective publishers.

This section does not exclude any guarantee, warranty, condition or right that cannot lawfully be excluded.

Limitation of liability

To the maximum extent permitted by law, MFS is not liable for indirect, incidental, special or consequential loss arising from website access, inability to access the website, reliance on general or third-party content, or unauthorised interference with the website.

Where liability under a statutory guarantee can lawfully be limited, MFS’s liability is limited, at our option, to the remedies permitted by applicable law. The exclusions and limitations in these terms do not apply to the extent loss was caused by MFS’s fraud, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

Indemnity

To the extent permitted by law, you are responsible for loss reasonably incurred by MFS because of your unlawful use of the website, material breach of these terms, infringement of another person’s rights, or false or unauthorised order information. This obligation is reduced to the extent that MFS caused or contributed to the loss.

Australian website

MFS operates from Victoria, Australia, and this website is directed primarily to Australian customers. Product availability, labelling, professional requirements and legal rules vary by jurisdiction. We make no representation that the website or products are appropriate or available outside the locations we serve.

If you access the website from elsewhere, you are responsible for complying with local law. We may restrict orders or delivery by location.

Changes to these terms

We may revise these terms to reflect changes to the website, ordering process, business or law. The effective date at the top identifies the current version. Changes apply from publication and do not retrospectively change an accepted order unless required by law or agreed with you.

Governing law

These terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws. You and MFS submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them. Mandatory rights available to you under another applicable law are not displaced where they cannot lawfully be excluded.

Waiver, severability and entire agreement

If MFS does not immediately enforce a right, that does not waive it. If a provision is held unlawful or unenforceable, it is to be read down to the extent necessary or severed, and the remaining provisions continue.

These terms and the documents expressly incorporated by reference form the agreement about use of this website. Accepted orders, trade arrangements or other written agreements may include additional terms. If an order-specific written agreement conflicts with these website terms, the order-specific agreement governs to the extent of the conflict.

Contact MFS

Questions about these terms, website content or an order can be directed to our order desk.