BioCeuticals Retail Policy
1.1 BioCeuticals and Blackmores Professional (‘the products’ or ‘Bioceuticals products’) are practitioner-only ranges of nutritional supplements. These terms reinforce that all BioCeuticals and Blackmores Professional products are designated practitioner-only and must only be recommended and/or dispensed by a Qualified Healthcare Professional in Australia and New Zealand. However, nothing in these terms restricts any retailer from making its own decision in relation to pricing of products and setting its own prices.
1.2 This policy serves to outline BioCeuticals’ position in working with (including through its authorised distributor for the relevant territory (‘Distributor’) and all references to ‘Bioceuticals or its Distributor’ should be read with the words ‘(as applicable)’ added) all Qualified Healthcare Professionals, including practitioners employed by retailers such as health food stores and pharmacies (“retailers”) that have an interest in selling the BioCeuticals range of products.
1.3 Please note: Any failure to comply with this policy (‘policy’ or ‘the BioCeuticals Retail Policy’) may be considered a ‘strike’ by BioCeuticals or its Distributor. Any failure to correct a ‘strike’ within a specified time period may also be considered a further strike. Once a customer has accrued 3 strikes, BioCeuticals or its Distributor may either:
(i) cease supply of BioCeuticals product to the account; or
(ii) suspend supply of BioCeuticals products to the account for a period of no less than 12 months.
This is called the ‘3 strike’ rule.
If you believe that at any point any of the BioCeuticals Policies have been breached by an account holder, please contact BioCeuticals or its Distributor and request a “Breach Notification Form” to lodge your concern and allow the Distributor (and Bioceuticals) to review the situation and take whatever action it considers appropriate.
1.4 In these requirements, the term “retail stores” or ‘retailers’ includes pharmacies and health food stores.
1.5 In this policy, the terms “patient” and “consumer” may be used interchangeably.
1.6 BioCeuticals or its Distributor may permit electronic acceptance of applicable terms and conditions and the BioCeuticals Retail Policies (eg using a Docusign option).
1.7 Notwithstanding any other rights of Bioceuticals or its Distributor under this or other policies, BioCeuticals or its Distributor reserves the right to contact relevant Government Accredited Healthcare Related Professional Associations in relation to any issues involving the BioCeuticals brand, products or reputation.
1.8 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.
1.9 The requirements in the BioCeuticals policies serve only to cover the sale of the BioCeuticals product range. If there is an issue regarding the sale of other practitioner products e.g. by unqualified practitioners or unprofessional conduct related to the sale of practitioner-only products, BioCeuticals and its Distributor advise that these matters should be taken up with the relevant professional association. Please contact BioCeuticals in Australia on 1300 650 455 and in New Zealand on 0508 006 823 if further clarification of modalities is required.
1.10 Retail accounts can only be opened once approved by BioCeuticals or its Distributor in their discretion after account application terms and conditions have been signed. All retail account holders must read, sign and return a copy of the BioCeuticals Retail Policy and other applicable policies in order to be supplied, and continue to be supplied, BioCeuticals products. Accounts without a copy of these policies on file may not be supplied with BioCeuticals products. ‘Other applicable policies’ may include but not be limited to the 'BioCeuticals Clinical Supply & Sale Policy’.
2. Defining Qualified Healthcare Professionals
2.1 (a) To hold a practitioner account with BioCeuticals in Australia, you must be a Qualified Healthcare Professional consistent with Section 42AA of the Therapeutic Goods Act 1989. Qualified Healthcare Professionals must have current membership in a Government Accredited Healthcare Related Professional Association.
(b) To hold a practitioner account with BioCeuticals in New Zealand, you must be a ’health practitioner’ consistent with Section 5(1) of the Health Practitioners Competence Assurance Act 2003. Qualified Healthcare Professionals must have current membership in (or be licensed by) a Government Accredited Healthcare Related Professional Association contained in Schedule 2 of the Health Practitioners Competence Assurance Act 2003.
2.2 BioCeuticals or its Distributor requires information specified in clause 2.1 of this policy on file before any product orders can be initiated.
2.3 (a) In Australia, Qualified Healthcare Professionals who may meet these requirements include but are not limited to:
- Chiropractors
- Dental Practitioners
- Herbalists
- Medical Practitioners
- Naturopaths
- Nutritionists
- Nurses
- Optometrists
- Osteopaths
- Pharmacists
- Physiotherapists
- Psychologists
- Traditional Chinese Medicine
(b) In New Zealand, Qualified Healthcare Professionals who may meet these requirements include but are not limited to:
- Chiropractors
- Nurses
- Osteopaths
- Psychologists
- Dental Practitioners
- Nutritionists
- Pharmacists
- Medical Practitioners
- Optometrists
- Physiotherapists
2.4 Notwithstanding any other rights of BioCeuticals or its Distributor under this or other policies BioCeuticals and its 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/s employed by the retailer within 1 week of commencement of employment, or if the Qualified Health Care Practitioner is not approved by BioCeuticals or its Distributor.
2.5 In the event that the resident Qualified Healthcare Professional leaves the business of the account holder, the Qualified Healthcare Professional must inform BioCeuticals or its Distributor immediately after they have left and the retailer must provide details of their new Qualified Healthcare Professional within 1 week, including qualifications and:
(i) their current Government Accredited Healthcare Related Professional Association details; or
(ii) their membership in a locally accredited healthcare related professional association, approved in writing by BioCeuticals.
The new Qualified Healthcare Professional must sign the BioCeuticals Retail Policy and any other applicable policies as soon as they commence work within the retailer and return a signed copy to the BioCeuticals or its Distributor.
3. Requirements for dispensing BioCeuticals products in a retail environment
3.1 In the case of Qualified Healthcare Professionals working at health food stores, pharmacies and pharmacies dispensing on behalf of other practitioners, BioCeuticals has developed the following requirements. BioCeuticals products may be stocked in a retail environment providing the retailer meets the following criteria:
Requirements for Supply
3.2 Retail accounts may be opened under a business name; however the account must have a Qualified Healthcare Professional approved by BioCeuticals or its Distributor with their required Government Accredited Healthcare Related Professional Association details supplied and attached to the account at all times.
3.3 The BioCeuticals range of products must be dispensed under the supervision of the Qualified Healthcare Professional. BioCeuticals products may not be prescribed and sold by non-qualified staff.
3.4 Standard conditions of account opening procedures also need to be in line with BioCeuticals’ terms and conditions.
3.5 To help ensure the quality and efficacy of BioCeuticals products, the transfer of stock between retail outlets that do not hold a current, active account with BioCeuticals or its Distributor are not permitted. This applies even if the owner of the retail stores is the same.
3.6 Retailers will be subject to periodic review to determine whether the BioCeuticals requirements are being adhered to, ensuring that fair trade and ethics are met. These standards are an important aspect of BioCeuticals ethical commitment to professional patient care, quality, healthcare and safety.
Requirements for Dispensing
3.7 BioCeuticals products are practitioner-only and must be supplied to patients under the care of the Qualified Healthcare Professional following a consultation. Consultations and patient records should be maintained according to professional standards and rules of conduct to which the individual Qualified Healthcare Professional is ethically bound. Retailers will be subject to periodic review to determine whether the BioCeuticals requirements are being adhered to, ensuring that fair trade and ethics are met. These standards are an important aspect of BioCeuticals ethical commitment to professional patient care, quality, healthcare and safety.
3.8 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.
3.9 The Qualified Healthcare Professional prescribing BioCeuticals, will take full responsibility for any communication with BioCeuticals or its Distributor with regards to faulty products, adverse reactions or similar for which a patient seeks a replacement or refund. Patients should not contact BioCeuticals or its Distributor directly for these matters, and if they do so, will be referred back to their prescribing practitioner to complete the correct chain of communication with our Practitioner Support team.
3.10 Certain BioCeuticals products are supplied only as starting materials and/or for extemporaneous compounding and dispensing by an experienced and suitable Qualified Healthcare Professional, being:
(a) in Australia: pharmacists, herbalists, nutritionists, naturopaths, practitioners of traditional Chinese medicine or homeopathic practitioners; and
(b) in New Zealand: pharmacists or nutritionists.
These products are not intended for individual resale.
Stock Placement & Advertising
3.11 In retail stores, the retailer agrees to position BioCeuticals products in a practitioner-only dispensing area at all times. This area is defined as a place that is separate from the front of store retail supplement area. It must be excluded from public access and out of reach from the general public. If you are unsure, please ask your BioCeuticals or Distributor representative for guidance.
3.12 In a pharmacy; acceptable areas include the dispensary S3 or S4 areas, under direct pharmacist supervision. Alternatively, products may be kept in a dedicated naturopathic dispensary within a pharmacy, under direct supervision of a Qualified Healthcare Practitioner. Any alternative placement must be in a locked cabinet approved by BioCeuticals or its Distributor.
3.13 In health food stores, acceptable areas include: a clinic room, storage area without public access, behind the counter (inaccessible to the public), or in a dedicated (inaccessible to public) naturopathic dispensary under direct practitioner supervision.
3.14 BioCeuticals stock may be located in a Practitioner Prescribing Unit (PPU) supplied by BioCeuticals. The PPU cabinet may only display BioCeuticals products and is to be located in the dispensary or behind the counter of retail stores. The doors of the PPU must remain locked, and under the control of the in-store Qualified Healthcare Professional at all times. Any alternative placement must be approved by BioCeuticals or its Distributor.
3.15 BioCeuticals stock requiring refrigeration must be placed either in a BioCeuticals branded refrigerator, or an alternative refrigerator behind the dispensing counter. If the fridge is visible to consumers, the BioCeuticals removable refrigerator sticker must be noticeably displayed over the products. The refrigerator must be under the supervision of the in store Qualified Healthcare Professional at all times. Any alternative placement must be approved by BioCeuticals or its Distributor.
3.16 Use of the BioCeuticals PPU and refrigerator are subject to the specific BioCeuticals PPU and refrigerator terms and conditions of use. Importantly, the BioCeuticals refrigerator must be positioned away from customers reach or behind the schedules counter. In areas where customer reach is unavoidable, the fridge door must remain locked at all times.
3.17 No promotional ticketing may be used on BioCeutical’s products (noting that you may determine and advertise product prices at your absolute discretion). No promotional price ticketing or similar items may be positioned adjacent or near to any BioCeuticals products.
3.18 As BioCeuticals products are practitioner-only, and not for self-prescribing, they are not to be represented in consumer-faced 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 BioCeuticals or its Distributor. Approval requests should be sent to [email protected] in Australia and [email protected] in New Zealand.
4. Online Sales and Social Media
Additional requirements for supplying and dispensing BioCeuticals products Online
4.1 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.
4.2 The sale of BioCeuticals products online must at all times be controlled by, or under the direct supervision of a Qualified Healthcare Professional.
4.3 Only current BioCeuticals account holders, who are, or which employ a, valid Qualified Healthcare Professional 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 or its Distributor, as part of their account details to be stored on file.
4.4 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.
4.5 The online sale of BioCeuticals products must be accompanied by the advice of a Qualified Healthcare Professional, and 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. BioCeuticals recommends that consultations and patient records should be maintained according to professional standards to which the individual Qualified Healthcare Professional is ethically bound. The online sale and consultation process, including the form and content of any health questionnaires used for consultation purposes by a Qualified Healthcare Professional, must be reviewed and approved by BioCeuticals or its Distributor. The following wording must appear on websites where BioCeuticals products are displayed: “BioCeuticals is a practitioner-only brand. Only patients who have completed an online questionnaire or consultation with us may have access to purchase BioCeuticals products on this site”.
4.6 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.
Social Media
4.7 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 applicable laws including without limitation in Australia the Competition and Consumer
Act (Cth) and the Therapeutic Goods Advertising Code and in New Zealand, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Food Act 2014, the Dietary Supplements Regulations 1985 and any other applicable regulatory requirements. If specific content is required, this can be requested from BioCeuticals or its Distributor.
4.8 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”.
4.9 All attempts to sell BioCeuticals product via social media, must comply with the BioCeuticals Policies collectively.
4.10 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.
5. Intellectual Property
Overview
5.1 BioCeuticals retains full control over its intellectual property, brand placement, advertising and marketing. Notwithstanding any other rights of BioCeuticals or its Distributors under this or other policies, BioCeuticals or its Distributors reserves the right to request changes, or removal of brand representation, if it does not fit with our brand positioning.
5.2 Under no circumstances are images, text, or logos belonging to BioCeuticals, or otherwise taken directly from any BioCeuticals material (website, electronic, printed matter, or other), to be used on the account holder's website or any other media, including but not limited to printed brochures, newsletters, e-newsletters, unless written permission has been granted by BioCeuticals or its Distributor. Once written permission has been granted, the account holder must strictly abide by the following rules contained in this document. Approval requests should be sent to [email protected] in Australia and [email protected] in New Zealand. Failing to do so, the account holder assumes all responsibility and will be held liable for any claims or statements made about BioCeuticals products.
5.3 The use of all BioCeuticals images, logos and other materials supplied by or on behalf of BioCeuticals either electronically or printed, must clearly credit the source as being BioCeuticals and be limited to usage permitted by BioCeuticals.
5.4 Only BioCeuticals product images and product information approved by BioCeuticals Marketing may be used for advertising and display purposes. All content regarding the BioCeuticals brand and products, including but not limited to its graphics, must be checked and approved by BioCeuticals or its Distributor in writing prior to its release/publication.
5.5 It is the responsibility of the in-store Qualified Healthcare Professional, or the Qualified Healthcare Professional in charge of the site, robotic dispensing unit and/or in store digital display solution or 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. All use of BioCeuticals images, branding, and product information will be subject to periodic review to determine whether the BioCeuticals requirements are being adhered to, ensuring that fair trade and ethics are met.
5.6 Any written permission from BioCeuticals expires after a 12-month period and so all content must be resubmitted to BioCeuticals or its Distributor for review and written approval to continue to be displayed or distributed for a further 12 months.
Use of BioCeuticals logo
5.7 The BioCeuticals logo may be used in the following three ways:
(i) Crest PMS 871 and logo type PMS 288 on white background.
( ) Crest PMS 871 and logo type whiteout on PMS 288 blue background.
( ) Crest PMS 288 and logo type white on PMS 871 gold background.
5.8 At all times when the BioCeuticals logo is displayed, it must be in proportion to the original logo supplied. For example, if X axis is 60% of original size then the Y axis has to be 60% of original size.
5.9 (i) An exclusion zone must be maintained around the BioCeuticals logo at all times.
(ii) An exclusion zone is the minimum blank or unobstructed area around the BioCeuticals logo.
(iii) The exclusion zone must be equal to the height of the B in BioCeuticals. This distance must be established around all 4 sides of the logo.
5.10 The minimum size for the reproduction of the identity must be no less than 25mm, based on the width of the BioCeuticals logo.
5.11 Without limiting the generality of the foregoing, the BioCeuticals logo must never be reproduced in the following ways:
(i) Crest and logo type flipped.
(iv) Use of logo type without the crest.
(v) Use of crest without the logo type.
(vi) Colour of the logo changed.
(vii) Placement of any version of the logo on an image background. (The logo must always be placed on a solid, flat colour).
(viii) The BioCeuticals logo must never be saved directly from the Bioceuticals' website. (The only BioCeuticals logo to be used must be supplied directly by BioCeuticals).
Use of images supplied by BioCeuticals
5.12 You may only use images supplied by BioCeuticals or its Distributor after gaining Bioceuticals’ or its Distributor's written permission.
5.13 Images supplied by BioCeuticals or its Distributor are only to be used in the manner stated in agreement with BioCeuticals or its Distributor. If you wish to use the images for another project, permission from Bioceuticals or its Distributor must be attained prior to use.
5.14 All images must be in proportion to the original supplied image.
5.15 Any images supplied by BioCeuticals or its Distributor must be accompanied by the following reference or footnote to the source: “Image supplied by BioCeuticals.‘BioCeuticals’ is a trademark of FIT-BioCeuticals Pty Limited. All copyright, trademarks, design rights, and other intellectual property rights for this image is owned by FIT-BioCeuticals Pty Limited. All such rights are reserved by FIT-BioCeuticals Pty Limited.
Section 3 - Use of text and/or articles supplied by BioCeuticals
5.16 All text, articles and stories supplied by BioCeuticals or on behalf of BioCeuticals remain, at all times, the property of BioCeuticals.
5.17 Under no circumstances is any supplied text to be sent to a third party for use prior to gaining written permission from BioCeuticals.
5.18 Any text supplied by or on behalf of BioCeuticals must be accompanied by a reference or footnote to the source, in Vancouver referencing style. E.g. Whitfield-Cook A. Evolution of the T-Helper Cell Paradigm. BioCeuticals FX Medicine volume 65. 2011; page 12.
5.19 Please note that final artwork must be sent back to and signed off by BioCeuticals Marketing Manager or Brand Manager prior to materials going to print or being published electronically. This includes but is not limited to logos and artwork displayed in any form online, in eNewsletters, on websites or in any offline communication.
6. Acceptance of Policies
In New Zealand, this policy is intended to be enforceable by each of Bioceuticals and the Distributor for their benefit under section 12 of the Contract and Commercial Law Act 2017, notwithstanding that Bioceuticals and the Distributor have not signed this policy.