Myriad Pharmaceuticals Pty Limited | Portal Terms of Trade

Myriad Pharmaceuticals Pty Limited (we, us and our) have agreed to supply Goods to the person named in the Account Application Form (you and your) in accordance with these wholesale terms of trade (Terms).

1. Definitions
   
   
   1. In these Terms:
      
      Account Application Form means the credit account application form completed by you.
      Business Day means any day other than Saturday, Sunday or public holiday in Victoria, Australia.
      Goods means the therapeutic nicotine vaping products and related accessories regulated under the Therapeutic Goods Regulations 1990 and Medical Devices Regulations 2002 as more fully described in any invoice issued by us.
      GST means goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
      Order means a request submitted on the Portal by you for us to supply Goods.
      Portal means our online portal at [orders.myriad.com.au].
      PPSA means the Personal Property and Securities Act 2009 (Cth).
      Prices means the prices payable for the Goods exclusive of GST. Our Prices include the cost of delivering the Goods to you.
      Privacy Act means the Privacy Act 1988 (Cth).Territory means the Australian state or territory you instruct us to deliver the Goods to.
      
      
      
2. Prices
   
   
   1. All Prices are in Australian dollars and exclude GST. In addition to the Price, you must pay GST on the supply of Goods at the rate applicable at the time of supply. We will issue you with GST tax invoices.
   2. Prices are subject to change at any time without notice. We post Prices on the Portal.
      
      
      
3. Payment
   
   
   1. Payment of our invoices is due 30 days following the date on the invoice unless otherwise agreed to in writing by both parties.
   2. We reserve the right to charge interest, compounding monthly, on overdue account balances at the default rate that we are charged by our lenders from time to time.
   3. Collection costs, including legal costs, will be added to the debt in the event that any amount is not paid by the due date.
   4. We reserve the right to suspend sale or delivery of further Goods or your use of the Portal until overdue account balances are paid in full.
   5. All amounts outstanding from you will become immediately due and payable if any of the information provided in your Account Application Form is incorrect, and you have failed to correct the information within 5 days of our request, or if, in our opinion, there is a significant risk that you cannot or will become unable to pay your debts as they fall due, including if you become insolvent, enter into a compromise with your creditors, commit any act of bankruptcy, or if a receiver, liquidator, administrator or statutory manager is appointed over any of your assets or undertakings.
      
      
      
4. New Customers and Orders
   
   
   1. If you are a new customer, you must complete an Account Application Form.
      
   2. Once the completed Account Application Form has been approved by us, you may place Orders for Goods through the Portal. All Orders are subject to these Terms.
   3. Myriad Pharmaceuticals Pty Limited | Wholesale Terms of Trade page 14.3. We may accept or decline an Order at our discretion.
      
   4. We will dispatch an Order placed:
      1. before 11:30 am AEST on a Business Day on the same day; and
      2. after 11.30 am AEST on a Business Day on the next Business Day, via our third-party logistics provider (3PL).
         
   5. Our 3PL will use its reasonable endeavours to deliver the Goods within 3 Business Days to metro areas and 5 Business Days to other addresses.
   6. We will not be liable for:
      1. our delay, or failure, to accept an Order; or
      2. any delay to a delivery of any Goods for any reason.
         
         
         
5. Credit Limits
   
   
   1. We will initially give you a credit limit of A$2,500 for placing Orders (which we may amend from time to time by written notice to you). If you exceed your credit limit, we may decline Orders until you have made payments to us to bring your account back within your credit limit.
      
      
      
6. Risk of Loss
   
   
   1. Risk in any Goods that we supply to you will pass to you on the earlier of actual receipt of the Goods by you or delivery of the Goods to the address for delivery specified by you.
      
      
      
7. PPSA
   
   
   1. We retain all legal and equitable ownership of Goods supplied to you until we receive full payment of all amounts you owe to us. You acknowledge our right to register a security interest under the PPSA.
   2. You will promptly execute any documents and do anything else required by us to ensure that the security interest in the Goods constitutes a perfected security interest.
   3. You waive your right to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the security interest created by these Terms.
   4. The Goods will be stored in a way which allows the Goods supplied or delivered at different times by us to be identified to a particular delivery and/or invoice by us.
   5. Notwithstanding any appropriation by you, we may apply any payment you make against outstanding invoices as we see fit.
      
      
      
8. Inspection of Goods on receipt, returns and credits
   
   
   1. If you believe that the Goods do not comply with the relevant specifications or descriptions or are damaged, you must apply on the Portal for a portal credit in respect of the relevant Goods, including the relevant invoice number/s, date of delivery and photographic evidence.
   2. If we accept liability for damaged, missing or incorrectly described Goods we will provide a portal credit by crediting the Price of the relevant Goods to your account.
      
      
      
9. Privacy Act
   
   
   1. You acknowledge and agree that any information which you have supplied to us (including any personal information as defined in the Privacy Act) is able to be used by us and other members of our group of companies. These entities may use the information you have provided for credit checking purposes, for debt collection purposes, and to provide you with information about our Goods, services, promotions and events. Any personal information that you provide to us will be collected and held by us in accordance with the Privacy Act.
      
      
      
10. Obligation to maintain confidentiality and prevent fraud
    
    
    1. Each party shall keep confidential all non-public information that is shared with the other party.
    2. You are responsible for ensuring that your account details are not provided or disclosed to any person other than those persons within your organisation who are expressly authorised to act on your behalf.
    3. You are liable for all purchases on your account, including those made fraudulently, where you have failed to comply with this clause.
       
       
       
11. Exclusions and limitation of liability
    
    
    1. You acknowledge that all your purchases from us are for the purposes of a business.
    2. Each party acknowledges that, to the fullest extent permitted by law, all guarantees, warranties and conditions, whether express or implied, are expressly excluded unless they are set out in these Terms.
    3. We will not in any circumstances be liable for any indirect or consequential loss or damage nor for any loss of business, profit, goodwill, or business opportunity, however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of any act or omission by us whether such claim is made in contract, tort or otherwise.
    4. To the maximum extent permitted by law, our total liability to you under or in connection with these Terms is the total amount paid by you to us in the 30 days prior to the relevant liability event.
       
       
       
12. Force Majeure
    
    
    1. We will not be liable for any errors or delay in performing any of our obligations if such errors or delay are caused by circumstances beyond our reasonable control.
       
       
       
13. Product quality and recall
    
    
    1. We warrant that the Goods comply with all applicable laws in force in the Territory.
    2. You must co-operate fully with us if we decide, or are required, to recall Goods supplied to you.
       
       
       
14. General Conditions
    
    
    1. You must comply with all legislative and regulatory requirements relating to the sale and retailing of the Goods in the Territory.
    2. You must comply with all manufacturer and product specifications provided to you, and where necessary, you must supply such information to your customers.
    3. We reserve the right to change and or replace (in whole or in part) these Terms from time to time. Any such change will take effect immediately when posted on the Portal or from the effective date set out in any relevant notice to you.
    4. If we fail to enforce any term or fail to exercise any right under these Terms we have not waived that term or right.
    5. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions remain in full force.
    6. You consent to receiving promotional material, special offers and other correspondence from us by email.
    7. We may assign any of our rights under these Terms. You may not assign your account to any person without our prior written consent.
    8. These Terms shall be governed by the laws of Victoria, Australia and the courts of Victoria shall have exclusive jurisdiction to hear and determine any dispute arising from them.
       
       

TERMS OF USE FOR MYRIAD PHARMACEUTICALS PTY LTD

Welcome to orders.myriad.au ("the Site"). By accessing, browsing, or using this website, you agree to comply with and be bound by the following Terms of Use. If you do not agree to these terms, please do not use the Site.

1. Acceptance of Terms
   
   By using this Site, you agree to these Terms of Use, as well as any additional terms, guidelines, or rules posted on the Site. These Terms may be updated or changed at any time without prior notice, so it is your responsibility to check for updates periodically.
   
   
2. Use of the Site
   
   You may use the Site for lawful purposes only. You are prohibited from posting or transmitting any content that is:
   1. 1. Offensive, abusive, defamatory, or otherwise violates the rights of others;In violation of any applicable laws or regulations;
      2. Hacking, introducing viruses, or damaging the functionality of the Site.
         
      3. We reserve the right to terminate or restrict your access to the Site at our sole discretion, without notice or liability, if we believe your use violates any applicable laws or our Terms of Use.
         
         
3. Intellectual Property
   
   All content on the Site, including but not limited to text, graphics, logos, icons, images, videos, and software, is the property of Myriad Pharmaceuticals Pty Ltd or its content suppliers and is protected by intellectual property laws. You may not reproduce, modify, distribute, or display any content from the Site without prior written permission from us.
   
   
4. User Accounts
   
   In certain cases, you may be required to create a user account to access specific features on the Site. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. We reserve the right to terminate or suspend your account if we suspect any unauthorised activity.
   
   
5. Product Information & Pricing
   
   We strive to ensure that all information, including pricing and availability, on the Site is accurate and up-to-date. However, we do not guarantee that the information will always be correct or complete. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice.
   
   
6. Third-Party Links
   
   The Site may contain links to external websites. These links are provided for convenience only, and Myriad Pharmaceuticals Pty Ltd does not endorse or take responsibility for the content or availability of these external sites. You use these links at your own risk.
   
   
7. Privacy Policy
   
   Your privacy is important to us. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information.
   
   
8. Disclaimer of Warranties
   
   The Site and all content, services, and products available through it are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Myriad Pharmaceuticals Pty Ltd does not guarantee the accuracy, completeness, or reliability of any content provided on the Site. Your use of the Site is at your own risk.
   
   
9. Limitation of Liability
   
   To the fullest extent permitted by law, Myriad Pharmaceuticals Pty Ltd and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Site, including but not limited to damages for loss of profits, data, or other intangible losses.
   
   
10. Indemnification
    
    You agree to indemnify, defend, and hold harmless Myriad Pharmaceuticals Pty Ltd, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, or expenses arising from your use of the Site or your violation of these Terms of Use.
    
    
11. Governing Law
    
    These Terms of Use shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Australia.
    
    
12. Contact Us
    
    If you have any questions or concerns about these Terms of Use, please contact us at:
    Myriad Pharmaceuticals Pty Ltd
    Email: [email protected]
    Address: Level 2, 65 Dover Street, Cremorne, VIC, 3121

By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

These Terms of Use are effective as of June 2025.