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Terms and Conditions

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Welcome to myeden

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, receive your medication and manage your repeats.

These Terms and Conditions govern the use of the myeden service and use of the myeden.com website. The terms of our privacy policy: https://app.myeden.com/privacy_policy are hereby incorporated into these terms and conditions. Your use of this site is at all times subject to the provisions of the Privacy Policy.

By accessing and using this website, you thereby accept and agree to be bound by these terms and conditions in full, including the terms and condition of the Privacy Policy. Do not continue to use this myeden.com website if you do not agree with all of these terms and conditions.

Permitted use

The myeden.com site is designed to provide you with an easy, convenient and private experience for ordering and purchasing your prescription products online. This is done through engaging myeden to arrange for the dispensing of your 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.

Your Account Obligations

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:

1. provide true, accurate, current and complete information as prompted by the registration form (Your Information);
2. maintain and promptly update Your Information and make sure it remains correct, accurate, complete and fully up-to-date; and
3. upload your prescription in a manner that can be reasonably read.

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 prescription medicine.

You warrant to us that you have the legal capacity to enter into a legally binding agreement with us. If you are ordering Products on behalf of another person, you warrant to us that you have valid authority and consent to: (i) order, collect or receive products on behalf of that person, and (ii) disclose their information to us in accordance with our Privacy Policy and communicate with us about their medications;

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.

Placing an Order for Services

You are invited to order 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:

1. purchase the prescribed product(s) and its dispensing at a pharmacy;
2. delivery of the prescription product to the delivery location which you specify as part of your information; and
3. price listed at checkout, including the delivery fees and other applicable charges and taxes as will be specified at checkout.

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.

Recurring Orders

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 Method

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’).

myeden uses the PayWay payment gateway to process credit card payments. To be able to benefit from the recurring deliveries service, you must allow the PayWay system to store your credit card details. PayWay will collect, store and use your personal information in accordance with its privacy policy which can be viewed here: https://www.payway.com.au/downloads/WBC/PayWay_Terms_and_Conditions.pdf.

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.

Deliveries

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 help@myeden.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.

Title & Risk

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.

Returns & Refunds Policy

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 help@myeden.com.

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.

Collection of Information Notice

We collect personal information about you in order to enable you to provide the services described in this myeden.com site and to contact and communicate with you, to allow you to create an account with us, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in [our myeden Privacy Policy].

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.

Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

Your Conduct

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.

Disclaimer and Exclusions of liability relating to use of 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 Disclaimer

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.

Our Rights

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.

General

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.[/vc_column_text][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern” z_index=”” css=”.vc_custom_1668477128954{padding-top: 60px !important;padding-bottom: 60px !important;background-color: #ff6247 !important;}” background_image=”77″ el_class=”cta-section”][vc_column width=”1/2″][vc_single_image image=”79″ img_size=”full” qode_css_animation=”” el_class=”cta-img” css=”.vc_custom_1668477509688{margin-bottom: 30px !important;}”][/vc_column][vc_column width=”1/2″][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=”element_from_bottom”][vc_column_inner][vc_column_text el_class=”white-text”]

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