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Information
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MY CARD TERMS AND CONDITIONS
This document contains terms and conditions governing your use of any My Card issued by My Chemist. We recommend that you read this document carefully before using the My Card. If you have any questions or would like more information about My Card, please call (03) 9462 9111 or visit the website www.mychemist.com.au/aboutus/privacy.asp 1. These terms and conditions apply to the person who signed this application form ("Application") and any other person who uses a My Card issued pursuant to this Application ("You") by My Chemist Pty Ltd (ACN 066 818 059) or Administration & Marketing Solutions Pty Ltd (ACN 105 339 704) (collectively "My Chemist"), or an individual pharmacy that is part of the My Chemist group ("My Chemist Store").2. By signing this Application and/or by using the My Card, You acknowledge that You have read and understood these terms and conditions and You agree to be bound by these terms and conditions, as amended from time to time by My Chemist. For the avoidance of doubt, neither a My Chemist Store nor any My Chemist Stores’ owners, managers, servants or agents is authorised by My Chemist to amend any of these terms and conditions or do anything that is to be done, or reserved to be done, by My Chemist whether under these terms and conditions or otherwise. 3. My Chemist is not required to accept this Application and may reject it in its absolute discretion. 4. My Chemist reserves the right to change any of the terms contained in these terms and conditions as well as any other terms of the My Card Program without prior notice where the change is required by My Chemist for any reason whatsoever. The new terms and conditions will supersede any existing terms and conditions and bind You on and from the date that those new terms and conditions were made. 5. My Chemist will endeavor to make a copy of these terms and conditions, as amended from time to time, available on the My Chemist website (located at www.mychemist.com.au). 6. My Chemist may, at its absolute discretion and at any time: (a) Cancel or suspend Your participation in the My Card Program; or (b) Withdraw the My Card Program, and in either case, My Chemist will not be liable for any loss or damage that may arise by reason of its conduct. 7. The My Card is NOT a charge card or credit card and does not entitle You to any credit privileges. The My Card cannot be used: (a) for the purchase of goods in-store or via phone, facsimile, email or online, which do not form part of the My Card Program; (b) for bill payments including any in-store accounts; and (c) to purchase Gift Cards or other tender. 8. The My Card is and always remains the property of My Chemist. Treat your My Card like cash. Lost or stolen My Cards will not be refunded. A re-issue of faulty or damaged My Cards is not available unless the fault or damage to the My Card is proven to be as a result of the production process or otherwise due to a fault of My Chemist or its agents or contractors. You are responsible for the use and safety of your My Card. You are liable for all transactions on your My Card, except to the extent to which there has been fraud or negligence by My Chemist. If your My Card is lost, stolen damaged or destroyed, then My Chemist will not be liable for any loss arising as a result and You hereby indemnify My Chemist in respect of same. 9. Membership to the My Card Program is free and You will not be charged for the first My Card issued to You. However, My Chemist reserves the right to impose a charge on You for any replacement My Card issued to You. 10. You have certain rights under the Australian Consumer Law, which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these terms and conditions. My Chemist does not make any representation or give any condition or warranty other than as expressly set out in these terms and conditions. To the maximum extent permitted by law, neither My Chemist nor its officers, employees, contractors, agents, advisers owners and managers will be liable to You (or any other person) for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will My Chemist be in default under these terms and conditions, for failure to observe or perform any of its obligations under these terms and conditions for any reason. To the extent permitted by law, if My Chemist is liable to You, My Chemist’s maximum aggregate liability to You is limited to the resupply of Bonus Points that My Chemist has verified are owing to You at the relevant time. 11. My Chemist aims to provide consumers with the best products and services and the best health outcomes. In pursuit of this aim, My Chemist and/or its suppliers and vendors may communicate with You from time to time and provide You with information, offers and other materials. 12. You hereby authorize My Chemist and its suppliers and vendors to provide you with the information, offers and other materials referred to in paragraph 11 of these terms and conditions via such means as those parties may determine, including, but not limited to, e-mail, fax, phone call, SMS and other written, oral or electronic communication. 13. Without in any way limiting its other rights under these terms and conditions, My Chemist reserves the right to take any action it may deem appropriate if it believes that You have misused the My Card or otherwise acted in any way that is an abuse of the My Card or My Card Program or is detrimental or potentially detrimental to the interests of My Chemist. 14. If any dispute in relation to these terms and conditions arises, You agree that the decision of My Chemist will be final and binding. If You have reason to believe that an error has occurred in relation to your My Card, You should call (03) 9462 9111 immediately and without delay. 15. My Chemist respects Your privacy. Please ask for a copy of My Chemist’s privacy statement, or view it at My Chemist’s website. 16. My Chemist records various information contained in this Application, as well as other information about you and Your purchases ("Information") in My Chemist’s database. This database is stored in back-up form and is available to any My Chemist Store, My Chemist’s IT department, My Chemist’s management, staff, customer service personnel, telephone service staff and other persons and organizations that provide services to My Chemist, including services in relation to the My Card Program. You hereby consent to the Information and any data derived from that Information being made available to, and used by, the persons and organizations described above. EARNING POINTS 17. One (1) My Card Bonus Point is earned for every $1.00 spent. 18. My Chemist reserves the right to remove points at any time at its discretion. 19. All purchases by You from a My Chemist Store will automatically generate My Card Bonus Points ("Bonus Points") with the exception of (a) any prescription item; (b) an item that has been discounted; (c) an item that it subject to a particular promotion; (d) any other item that My Chemist may specify from time to time; (e) Items that My Chemist believe have been purchased in bulk (6 or more) of the same item; 20. Where You are entitled to Bonus Points by reason of paragraph 19 of these terms and conditions: (a) Those Bonus Points will be added to any Bonus Points previously generated by You that have not been redeemed, forfeited, lost or already expired; and (b) The number of Bonus Points will be no fewer than one (1) Bonus Point for each dollar You spend on the relevant purchase. 21. In calculating Bonus Points, any credits, returns or dishonored payments will be deducted from any purchases made by You. 22. Where You are entitled to Bonus Points by reason of paragraph 19. of these terms and conditions, those Bonus Points will ONLY be added to Your accumulated Bonus Points if You produce the My Card at the time You make the relevant purchase. 23. My Card points allocations and redemptions are only applicable for Normal Retail purchases - They cannot be earned or redeemed for Bulk purchases outside normal retail sale quantities (up to 6). CERTIFICATES 24. My Chemist will keep a record of Bonus Points generated by You and will, from time to time, issue Bonus Points Certificates ("Certificates") in denominations of 100 Bonus Points. The Certificates will be sent to You by ordinary mail from time to time. 25. Bonus Points can ONLY be redeemed to acquire a “POINTS FOR CASH PROMOTION” when those Bonus Points have been converted into a Certificate or Certificates, You have received that Certificate or Certificates and You produce that Certificate or Certificates when You seek to redeem those Bonus Points. 26. A Certificate must be redeemed within twelve (12) months from the date it was issued, failing which the Certificate will be deemed to have expired and will not be valid. 27. Each Certificate will only be issued once and My Chemist will not be liable for any loss or damage whatsoever resulting from, or in any way related to, the loss, forfeiture or expiry of a Certificate. 28. A Certificate is NOT transferable and can only be redeemed to acquire a “POINTS FOR CASH PROMOTION" by You or a member of Your immediate family. 29. It is to our discretion to remove any Point Certificates from You at any time where My Chemist believe may have been accumulated in an unreasonable manner. POINTS FOR CASH PROMOTION & MY CARD PRIZE PROGRAM 30.Where You are entitled to; A valid Point Voucher Certificate of 100, 200, 400 or 800 Points may be used anytime in-store up until 31st December 2021 as part of the, "My Card Redemption Program POINTS FOR CASH" where you will receive either $5 OFF with a minimum spend of $10 or more, $10 OFF with a minimum spend of $20 or more, $20 OFF with a minimum spend of $40 or more, Or $40 OFF with a minimum spend of $80 or more on an in-store purchase in the one transaction. Point Vouchers must be presented at time of purchase. This offer cannot be used in conjunction with any other offer. 31. Where You are entitled to; A valid Certificate of a) 100 Points may be used to receive $5 OFF when you spend $10 or more or b) 200 Points may be used to receive $10 OFF when you spend $20 or more or c) 400 Points may be used to receive $20 OFF when you spend $40 or more or d) 800 Points may be used to receive $40 OFF when you spend $80 or more in the one transaction as part of a “Points for Cash Promotion”. This offer cannot be used in conjunction with any other offer. 32. The "Points for Cash" promotion excludes prescription items, baby formula and nappies. 33. The "Point for Cash” promotion is valid in-store ONLY. 34. The “POINTS FOR CASH” promotion can NOT be used on any 1/2 PRICE SALE campaign throughout the calendar year. 35. These terms and conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute in connection with a My Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry) | |