myeden is a myeden Pty Ltd (ACN 662 959 239) web-based site and app which allows patients to upload scripts, make payment for prompt delivery of medicinal cannabis, receive your medication and manage your repeats.
The myeden.com site is designed to provide you with an easy, convenient and private experience for ordering and purchasing your prescription medicinal cannabis products online. This is done through engaging myeden to arrange for the dispensing of your medicinal cannabis prescription and its delivery to your nominated delivery location. You are permitted to use myeden.com for personal use only and in compliance with these terms and conditions.
By accessing and using the myeden.com site, you acknowledge and agree that myeden does not thereby grant to you any right or license to use the myeden.com site, except as expressly specified in these terms. You must not disseminate, republish, rent or sub-license, reproduce, duplicate or copy or redistribute any portion of the information or other material contained on the myeden.com site, except as expressly specified in these terms You must not reverse engineer, disassemble or otherwise construct or identify this Website’s source code, formulas or processes or purport or attempt to do any such acts.
myeden relies on the information you provide through the myeden.com site to be able to provide to you the service that you seek. You must therefore ensure that you:
If you do not provide Your Information in accordance with this Your Account Obligations Section, we may not be able to arrange for you to receive your medicinal cannabis prescription medicine.
myeden is not responsible or in any way liable for providing a service that you are not happy with and that results from Your Information being untrue, inaccurate, not current or incomplete. In such circumstances or where such circumstances are suspected, myeden is also entitled to suspend or terminate your registration and/or account.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
You are invited to order medicinal cannabis prescription products through the myeden.com site. When you place an order for products on our Site, you are thereby making an order for the:
All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order.
Payment of the order is a pre-condition to acceptance your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. myeden reserves the right at any time after receipt of your order to accept or decline your order for any reason. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of our services to you in accordance with these Terms.
When you order and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the billing address, a description of what was ordered and the delivery address.
Nothing in this website should be interpreted as promoting or agreeing to supply any product contrary to the laws and regulations of the Commonwealth of Australia or the country where you are located.
You can opt for myeden’s recurring scripts service by selecting the purchase quantity and order frequency. In order to benefit from this service, you need to create an account. Products will be sold to you at the fixed price that you pay at the time of the first order. You are entitled to cancel or pause a recurring order (in whole or in part) at any time, up to the earlier of myeden accepting your order and the shipment date.
Payment is by all major credit cards including. There may be a surcharge if you are using a credit card other than Visa and MasterCard. Incorrect payment information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point (except in the case of recurring orders, where you credit card details will be stored by our third party service provider. For more information, see information under the heading ‘Recurring Deliveries’).
You must not pay, or attempt to pay, by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment and that your payment will be honoured by your card issuer.
Dispatch of prescription products will be from our partner pharmacies and in accordance with their respective terms and conditions and their other relevant policies and on their behalf. If you wish to know more about our partner pharmacies’ terms and conditions, you should contact us at email@example.com.
Delivery will be to the location that you nominate in Your Information. We will notify you of the approximate time for which delivery will be scheduled.
To ensure your privacy and the safe delivery of your products, all of our partner pharmacy deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday.
Prescription products cannot be given an authority to leave direction. If no one is present to sign for your products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
The sale occurs upon your ordered product leaving the dispensing pharmacy and risk of loss of or damage to your order product and title in your ordered product will pass to you at that time.
We do not accept returns for change of mind or other circumstances. You may have rights under the Australian Consumer Law (see below) in addition to this clause. Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any delivery and other associated costs of you returning the Products to us. We may require that you provide us with an image of the damaged or incorrect Product as a condition to being able to process a credit or replacement.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new product or refund or credit you with the Price of the relevant product. Please contact us for further information at firstname.lastname@example.org.
Our obligation to refund or credit or to provide any other remedy does not apply to any Product that has been damaged by improper maintenance, misuse, accident or neglect or used in a manner that is reasonably likely to cause damage.
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these terms and conditions.
We may disclose that information to third party service providers who help us deliver our services, such as our Pharmacy Partners, delivery partners, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law, including to the Australian Department of Health and state authorities. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
The myeden.com site, content and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error, with respect to all of which, to the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions, including, without limitation, any and all warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill. Nothing in this disclaimer will limit or exclude our or your liability to the extent that applicable law does not permit such limitation or exclusion.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to your use of, reliance upon or inability to use the myeden.com site, the removal from this Website of any content or communications sent or posted by you on or through the myeden.com site and any loss or damage that is not directly caused by us or which we could not reasonably expect to have foreseen.
Information and the service provided through this myeden.com site operates as a service to arrange for the delivery to you of your prescription medicine. Professional medical advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied through this myeden.com site.
myeden may terminate your access, or suspend your access to all or part of the myeden.com Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute, unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of the State of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
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