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Bioceuticals

Online Selling Policy



BioCeuticals® BioCeuticals Herbal Extracts & Blackmores Professional Online Sales and Social Media Policy

Requirements for dispensing BioCeuticals products Online

BioCeuticals, BioCeuticals Herbal Extracts and Blackmores Professional (‘the products’ or ‘BioCeuticals products’) are practitioner-only brands. These terms reinforce that all BioCeuticals products are designated practitioner-only and must be recommended and/or dispensed by a Qualified Healthcare Professional in Australia and New Zealand, however, nothing in these terms restricts any BioCeuticals account holder from making its own decision in relation to pricing of products and setting its own prices.

In the case of Qualified Healthcare Professionals who venture to supply their patients with products via any online channel, BioCeuticals has developed the following strict requirements. BioCeuticals products may be supplied online providing the website or social media page meets the criteria detailed below.

Section 1 - Requirements for Supply

1 (a) (i) The sale of BioCeuticals products online must at all times be controlled by, or under the direct supervision of a Qualified Healthcare Professional.

1 (a) (ii) Only current BioCeuticals account holders, who are, or which employ a, valid Qualified Healthcare Professional (as stipulated in the BioCeuticals ®, BioCeuticals Herbal Extracts & Blackmores Professional Retail Policy) approved by BioCeuticals, are permitted to sell BioCeuticals products online. Account holders who wish to sell BioCeuticals products online are to provide the URL for their website, or the social media account name to BioCeuticals, as part of their account details to be stored on file by BioCeuticals.

1 (a) (iii) The Qualified Healthcare Professional(s) associated with the website or social media account will be held responsible for the sale and prescription of BioCeuticals products online.

1 (a) (iv) BioCeuticals account holders selling BioCeuticals products in retail outlets are not permitted to sell BioCeuticals products online unless the sale and prescription of the BioCeuticals products online is controlled by, or under the direct supervision, of a Qualified Healthcare Professional approved by BioCeuticals at all times.

1 (b) (i) BioCeuticals products may only be sold online if the consumer is under the direct care of the Qualified Healthcare Professional in charge of the site. This means that the practitioner will only supply those patients for which they have conducted an appropriate consultation commensurate with the ethical requirements as set out by their professional association.

1 (b) (ii) As the sale of BioCeuticals products must be accompanied by the advice of a Qualified Healthcare Professional, the public section of the website must stipulate that the customer must be under the care of the Qualified Healthcare Professional employed by your business in order to purchase BioCeuticals products online. Specifically, the following wording must appear: “BioCeuticals is a practitioner-only brand. Only patients who have completed a consultation with us may have access to purchase BioCeuticals products on this site”.

1 (c) (i) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, BioCeuticals or its local distributor reserves the right to place a suspension on supply to any account that has not provided the contact details and credentials of a Qualified Healthcare Professional or the Qualified Health Care Practitioner is not approved by BioCeuticals or its local distributor.

1 (c) (ii) BioCeuticals must be notified of the details of the current Qualified Healthcare Professional employed by the account holder as required in the BioCeuticals ®, BioCeuticals Herbal Extracts & Blackmores Professional Retail Policy, and within 1 week of any changes to the Qualified Healthcare Professional. This means that the account holder must notify BioCeuticals within 1 week when the Qualified Healthcare Professional leaves the business or is replaced by another.

1 (c) (iii) All account holders who wish to sell BioCeuticals products online must have read, signed and returned a copy of the BioCeuticals®, BioCeuticals Herbal Extracts & Blackmores Professional Retail Policy, BioCeuticals ® BioCeuticals Herbal Extracts & Blackmores Professional Online Sales and Social Media Policy, BioCeuticals Intellectual Property Policy and other applicable policies in order to be supplied, and continued to be supplied, BioCeuticals products. . BioCeuticals in its discretion may permit electronic acceptance of its policies to be used (eg using a Docusign option). Accounts without a copy of these policies on file may not be supplied with BioCeuticals products. In signing these BioCeuticals policies, you are also agreeing to abide by any future policy amendments (which may be effected by providing you with a copy of the revised policy or notifying you of a change to the policy that is available online).

1(d) It is the responsibility of the account holder to ensure that any purchaser of the products adheres to the requirements of this policy if the purchaser re-sells the products.

Section 2 - Requirements for Dispensing Online

2 (a) BioCeuticals products are practitioner-only and must be prescribed to patients under the care of the Qualified Healthcare Professional following a consultation. The format of the consultation undertaken is at the discretion of the Qualified Healthcare Professional supplying the products. BioCeuticals recommends that standards for consultations and patient records should be maintained according to professional standards set out by the Ethics and Code of Practice (or similar rules of conduct) to which the individual Qualified Healthcare Professional is ethically bound

2 (b) (i) A private section of your website must be set up, this is defined as the section of the website that the public/patients cannot see, or access, until they log in to the website with a username and password, issued by your company or business.

2 (b) (ii) Access to the private section of the website must only be permitted to customers who have had a consultation with a healthcare practitioner.

2 (b) (iii) A health questionnaire may constitute as a consultation once assessed and verified by the Qualified Healthcare Professional. Only once the questionnaire has been assessed by the Qualified Healthcare Professional should access to purchase product be granted to the patient. A Qualified Healthcare Professional must assess all orders for BioCeuticals product through their online platform, on an ongoing basis. As a minimum, the information set out in the Appendix 1 of this document is to be ascertained by the Qualified Healthcare Practitioner, in accordance with applicable privacy legislation, during a consultation. Other forms of consultation that may apply may include, but are not limited to, Skype consultations, teleconference etc. Please refer to the Ethics and Code of Practice (or similar rules of conduct) of the Government Accredited Healthcare Related Professional Association to which the individual Qualified Healthcare Professional is ethically or otherwise bound for more information.

2 (b) (iv) BioCeuticals does not condone the dispensing of products on behalf of other practitioners without their written consent. In cases where written consent is not obtained from the patient’s practitioner; the acting Qualified Healthcare Professional who wishes to dispense a BioCeuticals product(s) must assume responsibility of the patient care and treat as they would any new patient.

2 (c) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, BioCeuticals or its local distributor reserves the right to follow up with the relevant professional body where an issue involves the BioCeuticals brand, products or reputation.

Section 3 - Brand Appearance & Advertising

3 (a) (i) Only BioCeuticals product images and product information approved by BioCeuticals Marketing Manager or Brand Manager may be displayed on an account holder’s website, in any robotic dispensing unit or in store digital display solution or similar used by the account holder.

3 (a) (ii) BioCeuticals retains full control over our intellectual property, brand placement, advertising and marketing. Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, BioCeuticals or its local distributor reserves the right to request changes, or removal of brand representation, if it does not fit with our brand positioning.

3 (a) (iii) Under no circumstances are images, text, or logos to be taken directly from any BioCeuticals material (website, electronic, printed matter, or other) unless written permission has been granted by the BioCeuticals Marketing or Brand Manager. Refer to the BioCeuticals Intellectual Property Policy for further information on how you may use; logos, images and text/articles by BioCeuticals.

3 (a) (iv) It is the responsibility of the Qualified Healthcare Professional in charge of the site, robotic dispensing unit and/or in store digital display solutionor similar, to ensure that all BioCeuticals images, branding and product information are kept current and correct at all times. It is also the responsibility of the account holder to ensure both product information and branding is current.

Provisions limited to website displays

3 (b) (i) BioCeuticals product and brand imagery, information and general product details, pre-approved in writing by BioCeuticals, may be visible on the public section of the website*.

3 (b) (ii) Detailed information with respect to BioCeuticals product and pricing must only be displayed in the private section** of the website.

3 (c) (i) BioCeuticals products must not be advertised or marketed online in the public or private section without a requirement for a consultation to be provided by a Qualified Healthcare Practitioner in conjunction with the sale.

3 (c) (ii) Under no circumstances are BioCeuticals products to be displayed, or resold on auction websites. Online sale of BioCeuticals products is only permissible via websites owned and operated by Qualified Healthcare Professionals under the strict limitations set out within this policy

3 (c) (iii) As BioCeuticals products are practitioner-only, and not for self-prescribing, they are not to be represented in consumer-facing online advertising or marketing without a clear requirement that practitioner advice is to be sought prior to purchase. All advertising and marketing materials are subject to obtaining the prior written approval of the BioCeuticals Marketing Manager or Brand Manager. Failing to do so, the account holder assumes all responsibility and will be held liable for any claims or statements made about BioCeuticals products online.

3 (d) Refer to the BioCeuticals Intellectual Property Policy for full information on:
   (i) Use of BioCeuticals logos
   (ii) Use of images supplied by BioCeuticals
   (iii) Use of text and / or articles supplied by BioCeuticals

3 (e) BioCeuticals imagery, text and logos visible on your site must be pre-approved by BioCeuticals Marketing Manager or Brand Manager. Failing to do so, the account holder assumes all responsibility and will be held liable for any claims or statements made about BioCeuticals products online.

Section 4 – Social Media

4 (a) BioCeuticals product information/education featured on social media must not link to or contain claims which are outside the scope of the product. If any attempt is made to do so, the account holder takes full responsibility. The account holder takes full responsibility for content featured on their social media and its compliance with the Competition and Consumer Act (Cth) and the Therapeutic Goods Advertising Code and any other applicable regulatory requirements. If specific content is required, this can be requested from the BioCeuticals Marketing Manager or Brand Manager via your BioCeuticals Practitioner Sales Consultant.

4 (b) All product information/educational posts are to feature the below wording: “BioCeuticals is a practitioner-only brand. Please speak to your Healthcare Practitioner for more information”.

4 (c) All attempts to sell BioCeuticals product via social media, must comply with the BioCeuticals Policies collectively.

4 (d) Content featured on the BioCeuticals Social Media platforms may be shared to a business page. Any changes to text or intent are the responsibility of the account holder.

Section 5 - Breach & Complaint Handling

5 (a) Websites, robotic dispensing units and/or in-store digital display solutions or similar will be subject to periodic review in order to determine whether the BioCeuticals requirements are being adhered to, ensuring that fair trade and ethics are met

5 (b) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, if an account holder is in breach of any of the requirements in any of the BioCeuticals policies, this will constitute a ’strike’ against the account holder. BioCeuticals or its local distributor may in its discretion give a time for the account holder to rectify the breach. If the account holder fails to rectify the breach to the satisfaction or BioCeuticals or its local distributor within any time allocated, this will constitute another ‘strike’ against the account holder.

Once an account holder has accrued 3 strikes, BioCeuticals or its local distributor has the right to either:
   a) terminate one or more of the account/s held in the name of the account holder; or
   b) suspend one or more account/s in the name of the account holder for a period of no less than 12 months.

This is called the ‘3 strike’ rule.

5 (c) If you believe that at any point the BioCeuticals BioCeuticals Herbal Extracts & Blackmores Professional Online Sales and Social Media Policy or any of the other BioCeuticals policies have been breached by an account holder, please contact BioCeuticals and request a “Breach Notification Form” to lodge your concern and allow appropriate action to be taken.

5 (d) BioCeuticals believes it is the responsibility of the relevant Government Accredited Healthcare Related Professional Associations to uphold the standards of conduct in the health industry. As a commercial entity we do not hold the position to enforce Codes of Ethics of individual Qualified Healthcare Professionals.

5 (e) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, BioCeuticals or its local distributor reserves the right to follow up with the relevant Government Accredited Healthcare Related Professional Association where an issue involves the BioCeuticals brand, products or reputation
These requirements serve only to cover the sale of the, BioCeuticals, BioCeuticals Herbal Extracts and Blackmores Professional product range. If there is an issue regarding the sale of other practitioner products by unqualified practitioners or unprofessional conduct related to the sale of practitioner-only products, BioCeuticals advises that these matters should be taken up with the relevant Government Accredited Healthcare Related Professional Association. Please contact BioCeuticals on 1300 650 455 if further clarification of modalities is required.

• * The public section of the website is defined as any section of the website that does not require a username or password details for accessibility.
• * * The private section of the website is defined as the section of the website that the public/patients cannot see, or access, until they log in to the website with a username and password, issued by your company.


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