Terms and Conditions
Thank you for visiting our website. This website is owned and operated by My Med Pouch ABN 80 665 969 629. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means My Med Pouch and our related bodies corporate.
Registration
You may need to be a registered member to make orders or access products on our website.
When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, date of birth, residential and/or business address, billing information and any other information that we determine from time to time to be necessary. You must ensure that this information is accurate and current. We will handle all personal information that we collect in accordance with our Privacy Policy.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18 you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms. If you are a person or legal guardian permitting a person under the age of 18 (Minor) to create an account you agree to:
- Exercise supervision over the Minor’s use of the website and account;
- Assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- Ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- Assume liabilities resulting from the Minor’s use of our website and their account;
- Ensure the accuracy and truthfulness of all information submitted by the Minor; and
- Provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent’s or legal guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
For promotional purposes, we may display the usernames of the last few orders received. For example, “John Smith just bought…”. Further, if you have kindly left a review of your purchase, we may post a copy of the review which displays your username on our website and social media accounts without notice. When registering and activating your account and/or posting a review we strongly recommend using a username other than your full name if you do not want others to identify you and/or know what products you have ordered.
Mobile Terms of Service
We operate a mobile service (Service) and your use of the Service constitutes your agreement to these Terms. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify our Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to My Med Pouch’s SMS/text messaging Service, you agree to receive recurring SMS/text messages from and on behalf of My Med Pouch through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with My Med Pouch. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to My Med Pouch or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other My Med Pouch mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to My Med Pouch or email sales@mymedpouch.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Collection Notice
We collect personal information about you in order to respond to your enquiry or process your registration and/or purchase order and for the purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us deliver our services (including but not limited to information technology suppliers, communication and marketing suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia, including but not limited to information technology suppliers, communication and marketing suppliers, administrative support firms and other business partners located in Asia and another other country as is required from time to time.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at sales@mymedpouch.com.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Online media release
By submitting photographs, videos and/or other media on our website, by email, via the internet and via any social media platforms you give us permission to use, publish and distribute these materials through our website, social media platforms, promotional campaigns and other online platforms.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.
Membership promotion
If you sign up as a member of My Med Pouch, you will be eligible to receive 10% off your first order. You will also receive a free printable ID card download. However, this offer is not to be used in conjunction with any other offer, including but not limited to with any other promo discount code.
Promo codes
Promo codes are available for a limited time only and My Med Pouch reserves the right to modify or cancel them without notice.
Promo codes apply to qualifying items only. See the specific details of the promo code.
Promo codes cannot be applied to previously placed orders.
Promo codes are not transferrable and may not be resold.
Only one promo code can be used at a time and cannot be combined with any other offer/s.
Purchases
1. Shipping Rates and Policy
We aim to ship your order within 1-3 business days. During peak periods, such as holidays or sales events, processing may extend up to 10 business days. Pre-order items will be shipped once stock arrives and you will be notified by email. If your order is a combination of in stock items and pre-order items, all items will be shipped together when the pre-order item/s arrive. Should you wish to receive your in-stock item/s earlier, we recommend placing a separate order.
We ship with Australia Post and charge a flat rate of $10.95 for all orders Australia wide. We also offer express post shipping Australia wide at a flat rate of $15. You can track your order using the tracking number that you receive from Australia Post. Please contact Australia Post directly with any delivery issues.
In the unlikely event that we are unable to fulfil your order, we will notify you within 2-4 business days to arrange an agreeable alternative item, a backorder or a full refund. We endeavour to ensure that our product list is current, however, we give no undertaking as to the availability of any product advertised on our website.
Please notify us immediately if you have entered an incorrect shipping address, providing your name, order number and correct address. If your parcel has not yet been dispatched, we will ensure that your order is sent to the correct address. If your order has been already been dispatched, in most instances, it will be returned to sender. If it is returned to us and you wish for us to resend the order, you will be required to cover the cost of re-shipping which will vary depending on the weight of the package and your location. Unfortunately, if you have provided an incorrect shipping address and the item cannot be returned to us, we will not be able to provide a refund and you will need to place a new order.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. We will also be unable to change the method of shipping or the products that you have ordered once your order has been placed.
For international orders, shipping will be calculated based on the destination selected at the time of purchase. International orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination. Any additional charges including customs clearance are your responsibility. In order to ship your international order, we will need to provide personal information, such as your name, address for delivery, telephone number and any other information reasonably required to our third-party delivery supplier. All risk of loss or damage to the goods passes to you when we dispatch the goods.
2. Payments
We process all online payments through PayPal, Visa, Mastercard, Amex, Applepay, UnionPay, AfterPay and GooglePay and all transactions are secure and encrypted. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If we are unable to process your credit card, please check to ensure that you entered the details correctly and otherwise refer to your credit card provider if a problem persists.
3. Refund policy
We want you to love your My Med Pouch products, however, we do ask that you choose carefully as we do not provide a refund for change of mind purchases. Refunds will be provided for faulty products only. If you believe your product is faulty, please send us an email at sales@mymedpouch.com as soon as possible after receiving your order, with a photo of the faulty product, quoting your order number and we will either send you a replacement product or issue a refund to you, depending on your preference.
4. Exchange Process
Your order is eligible for exchange within 14 days from the date indicated as ‘delivered’.
As long as the item has tags attached and is unused, we will accept your exchange. Please email sales@mymedpouch.com for exchange instructions.
You will be responsible for return shipping costs to our PO Box located in Melbourne, Australia. We recommend returning your purchase via Registered Post with insurance. We will not be responsible for lost or damaged goods if you do not use registered post with insurance.
Once the return has been processed you will be supplied with the exchange item/s. Please note that you are responsible for all applicable shipping charges.
All exchanges are subject to our Terms.
5. Pre-Orders
When you place a pre-order, we will provide you with an estimated dispatch date. While we do our best to avoid delays, there may be factors outside of our control, for example, a shipping delay, that will impact on the estimated dispatch date. We appreciate your understanding if any delays do occur and we aim to dispatch your products as soon as they arrive.
If you order in stock items with your pre-order items, these will all ship together when the pre-order item arrives. If you wish to receive the in-stock item separately, we recommend placing two separate orders.
6. Pricing Policy
We reserve the right to change the price of our products at any time without notice.
All prices displayed on our website are in Australian dollars (AUD$) and are inclusive of GST (where applicable).
7. Australian Consumer Law
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Competition and Consumer Act, Australian Consumer Law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution as this is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
The My Med Pouch logo is a registered and protected trademark and it cannot be used without the prior express written authorisation of My Med Pouch. My Med Pouch reserves the right to commence legal action for any breach of the My Med Pouch registered trademark.
No commercial use without prior written consent by us
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website without the prior written consent of My Med Pouch. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website unless you have an agreement with us as an authorised supplier of the My Med Pouch products.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations (either express or implied) about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability and disclaimer
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall My Med Pouch or any of our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors, be liable for any direct and indirect loss, damage, injury, cost, liability or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date or as a result of your use of any of the products purchased from My Med Pouch (including but not limited to loss, damage, injury, cost, liability or expense resulting due to negligent use of the My Med Pouch products or lack of supervision of a Minor using the My Med Pouch products).
The My Med Pouch products must be used in a safe and responsible manner and the user of the My Med Pouch products should always refer to and follow the instructions for use and storage that come with any medications that the user chooses to store and transport in the My Med Pouch products, including but not limited to the temperature at which any medications must be stored.
The use of the My Med Pouch products is at the user’s own risk and by purchasing and using the My Med Pouch products the user agrees to hold harmless My Med Pouch from any claims or liabilities arising from their use.
For the avoidance of doubt where the My Med Pouch products are being used by a Minor it is the parent/s or legal guardians’ responsibility to ensure that the My Med Pouch products are being used in a safe and responsible manner.
Indemnity
To the maximum extent permitted by law, including the Australian Consumer Law, you agree to indemnify My Med Pouch and any of its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors, from and against any or all liabilities, costs, demands, causes of action, damages and expenses, for any direct or indirect injury, damage, loss, cost or expense, arising in any way related to your breach of any of the Terms or your use of our website or the My Med Pouch products.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of the State of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Victoria.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions contained herein.
Non waiver
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Changes to Terms
We are permitted to revise these terms and conditions at any time without notice.