Terms and Conditions
Thank you for visiting the Guardianpharmacies.com.au website (the "Site"). Guardianpharmacies.com.au is a leading online pharmacy: a retail store and information site for pharmaceutical products. The Site is designed to provide a convenient, private and informative retail experience for consumers to purchase products essential for maintenance of good health and for prevention of future illness. Accessible 24 hours a day, 7 days a week, the Guardianpharmacies.com.au online store offers an easy and convenient method of ordering pharmaceutical products online, along with a wealth of health-related information.
Guardian Pharmacies wants each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other partyís medical condition. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.
Product images displayed are for representation purpose only. Actual product may differ from images shown.
Copyright and Trademark Notice
This Site is owned and operated by Sigma Company Limited (Sigma). Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ©Sigma Company limited, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Sigma or their respective content providers. All software used on the Site is the sole property of Sigma or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this Site only for the purpose of shopping on this site or placing an order on this Site and for no other purpose. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Sigma’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
Disclaimer & Limitation of Liability for Products Sold
Except as expressly stated herein, sigma makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Site. Except as expressly stated herein, Sigma expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to sigma arising from any product sold on the Site shall be the price of the product ordered. In no event shall sigma its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.
Disclaimer for Use of Site
You expressly agree that use of the Site is at your sole risk. In no event will sigma, its directors, officers, employees and representatives, third-party content providers or the like warrant that the site will be uninterrupted or error-free. In addition Sigma, does not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.
Further, Sigma explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of sigma , its directors, officers, employees and representatives or (vi) any other matter relating to the Site.
Your account obligations
In consideration of your use of the Site, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Information") and
- Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
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 unauthorised use of your password or account or any other breach of security. Sigma considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
Credit Cards: We accept Visa and Mastercard. There is no surcharge for using Visa or Mastercard. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect 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. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
Money Orders, Cashier's Cheques, Company Cheques and Personal Cheques:
Sigma does not accept money orders, cashier's cheques, personal cheques and company cheques.
Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sigma reserves the right at any time after receipt of your order to accept or decline your order for any reason. Sigma reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
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.
Sigma may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
Sigma may terminate your access, or suspend your access to all or part of the 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.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Sigma shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sigma shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Sigma shall immediately issue a credit to your credit card account in the amount of the incorrect price.
As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria Australia.
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Security and privacy
Linking and framing
Links to external sites from this Site are provided for convenience only and Sigma does not endorse or make any warranty with respect to such external sites.
Guardian Club – Terms and conditions
The Guardian Club Card is issued by Sigma Company Limited ACN 004 132 923 (Sigma).
- By signing an application form or using a Guardian Club Card each applicant or member (each called a “Member”) accepts and agrees to be bound by the Guardian Club Terms and Conditions applicable from time to time.
- The Guardian Club card is valid at any participating Guardian Pharmacy (“participating Guardian Pharmacy”). Your Home Pharmacy will be designated as the Guardian Pharmacy at which you joined Guardian Club. You may alter your Home Pharmacy at any time on-line or via the call centre.
- The Guardian Club Card is not a credit or charge card, is not transferable and remains the property of Sigma.
- A Member may apply for a secondary Guardian Club Card. Points earned on the secondary Guardian Club Card will accrue to the Primary Guardian Club card.
- Members will earn points on all purchases they make at any participating Guardian Pharmacy or at www.guardianpharmacies.com.au, other than for excluded items.
- Excluded items include prescription items, gift cards, products advertised as being excluded and products where the granting of points would be otherwise be prohibited by law.
- Members will receive 1 Point for every $1.00 spent on non-excluded items. Bonus points may be offered from time to time.
- If you do not have your Guardian Club Card with you at the time of purchase you can return to the point of purchase within 30 days with a copy of your receipt and your Guardian Club Card and the points will be credited to your account.
- Transactions processed online must include your Guardian Club membership number in order to earn points; points cannot be allocated retrospectively to online transactions.
- Secondary Guardian Club Cards will not earn points for online transactions.
- Members will be eligible to redeem their Points to pay for the whole or part of any purchase (excluding prescriptions) at any participating Guardian Pharmacy or at www.guardianpharmacies.com.au when that Member has an accumulated minimum balance of 250 Points.
- When redeeming in-store or at www.guardianpharmacies.com.au, members will receive a discount of $5 off the current transaction for every 250 points redeemed. Redemptions can only be processed in increments of $5.
- Subject to anything else contained herein, unused points will expire after a minimum of 3 years after the date on which they were earned. All of a member’s points will expire if their Guardian Club Card has not been used in the previous 12 months.
- Points are not transferable and can only be redeemed by Primary Guardian Club Cardholder. Secondary Guardian Club Cardholders cannot redeem Points.
- To the extent permitted by law, Sigma or any participating Guardian Pharmacy will not be liable for any errors, omissions, delays or disruptions in the operation of the Guardian Club and will not be liable for any loss caused by any such errors, omissions, delays or disruptions.
- Sigma or any participating Guardian Pharmacy will not allow redemption of any Points that have been credited to a Member in error or which relate to a purchase by a Member that is subsequently cancelled or reversed or where a refund is given. Any Points that have been credited to a Member in error may be subsequently deducted from the member’s account. This decision is at the discretion of Sigma. No discussion will be entered into.
- Members can view information about all Points they have earned and redeemed on-line at www.guardianclub.com.au.
- Members must promptly notify their Pharmacy of any change of their address or if their Guardian Club Card is lost or stolen. Sigma or any participating Guardian Pharmacy is not liable for any delay in providing or replacing the Guardian Club Card or for any unauthorised use of the Card.
- Sigma may suspend or terminate the Guardian Club or a Member’s membership in the Guardian Club at any time without reason or notice.
- Sigma reserves the right to suspend, vary, alter or amend all or any part of these Terms and Conditions, or terminate the Guardian Club program at its absolute discretion at any time. Sigma will not be liable for any loss or damage that may arise from any suspension or termination. Sigma will use its best endeavours to notify Members of any replacement or amendment but will not be liable if it does not.
- No Guardian Pharmacy has the authority, express or implied, to make any representation, warranty or statement on behalf of Sigma or in relation to the Guardian Club program and Sigma accepts no liability in respect of any representation, warranty or statement made by any Guardian Pharmacy.
- All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by any participating Guardian Pharmacy are expressly excluded to the full extent permitted by law.
- Guardian Club is void where prohibited or restricted by law.
Respecting your privacy
Collection of personal information by us
Sigma is required to collect personal information to be able to provide requested products or services.
The kinds of personal information we collect and store will depend on what products and services you request from us. However, it may include (amongst other things):
- personal information you give us when you request a product or service from us. This information may include your opinion/preferences about specific products and services, your name, address, telephone numbers, e-mail address, credit card details to facilitate
- communications between you and us; and
- transactional information about your use of our products and service.
How your personal information will be used
We collect your personal information so that we can use it for our functions and activities which include, amongst other things:
- processing your orders;
- being aware of any special product and service requirements you may have;
- providing you with electronic confirmation of your orders (where applicable) and advising you of any changes to our products and services;
- confirming your identity when you contact us;
- addressing any feedback or complaints you may have;
- any purposes for which it was requested and directly related purposes, and developing, improving and marketing our products and services.
Exchange of personal information with third parties
Personal information we collect from you may be disclosed:
- to any entity to which we are required or authorised by or under law to disclose such information (for instance, Federal or State law enforcement agencies and investigative agencies, courts, various other Federal or State government bodies);
- to others that you have been informed of at the time any personal information is collected from you;
- to our business associates and others for purposes directly related to the purpose for which the personal information is collected;
- to Sigma management and personnel;
- to our professional advisors and other contractors (for example IT consultants and mailing houses); or
- with your consent (express or implied), to others.
We may also obtain personal and other information from some or all of the above to enable us to provide our services or products to you. When we obtain personal and other information from third parties whom we are referred to by you, we will assume and you will ensure that you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information.
Use and disclosure of personal information by us
If we use or disclose your personal information for a purpose (the "secondary purpose") other than the main reason for which it was originally collected (the "primary purpose"), to the extent required by law, we will ensure that:
- the secondary purpose is related to the primary purpose of collection (and directly related in the case of sensitive information), and you would reasonably expect that we would use or disclose your information in that way; or
- you have consented to the use or disclosure of your personal information for the secondary purpose; or
- the use or disclosure is required or authorised by or under law; or
- the use or disclosure is otherwise permitted by law (for example, as a necessary part of an investigation of suspected unlawful activity).
Collection of information other than personal information
If you visit our website, some of the information we and/or our contractors collect about your visit to our website is not personal information because it does not reveal your identity. Information of this nature can include:
- Site visit information
When you visit our website, we and/or our contractors collect general information about your visit which may include your server address, the date and time of your visit, the pages you accessed, the information you downloaded and the type of Internet browser you used. We and/or our contractors may use this information in anonymous, aggregated form, for statistical purposes only, to assist us in improving the quality and usability of our website.
A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we and/or our contractors use may identify individual users. Cookies can either be "persistent" or "session" based. Persistent cookies are stored on your computer, contain an expiration date, and are mainly for the user's convenience. Session cookies are short-lived and are held on your browser's memory only for the duration of your session, they are used only during a browsing session, and expire when you quit your browser. We and/or our contractors may use both session and persistent cookies. This information may be used to personalise your current visit to our and our contractors' websites. Upon closing your browser, the session cookie is destroyed.
Most Internet browsers can be set to accept or reject cookies. If you do not want to accept cookies, you can adjust your Internet browser to reject cookies or to notify you when they are being used. However, rejecting cookies may limit the functionality of our website.
Access and correction of your personal information
You can ask to obtain access to your personal information that we and/or our contractors hold, although under some circumstances permitted by law, we may not provide such information to you. Also, we may not be able to require our contractors to provide personal information to you. We may ask you to put your request in writing and pay a reasonable fee levied by us for this. It is important to us that the personal information we hold about you is accurate, complete and up to date. If you are aware that this is not the case and would like your personal information corrected, or simply desire access to your personal information, please contact us at:
Sigma Company Ltd
ABN 44 004 132 923
Locked Bag 146
BALMAIN NSW 2041
Phone: 1300 657 567
GUARDIAN CATALOGUE CUSTOMER FEEDBACK SURVEY 2014
For the full list of terms and conditions for the Guardian catalogue customer feedback survey 2014, please read the PDF.
Sigma does not warrant that the Site will be available at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond Sigma’s control, and shall not hold Sigma accountable in respect of any claims arising there from. Sigma does not warrant that users’ access to the Site will meet any particular performance criteria.
Item availability & catalogues
Not all items displayed in our catalogues will be available to purchase on the Site. These products are available at participating Guardian Pharmacies stores while stocks last.
Limited purchase quantities
Sigma reserves the right to monitor and limit the purchase amounts of products at its sole discretion. Sigma reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Sigma will reduce product(s) to what Sigma considers a non-commercial quantity. Any commercial size quantities should be request by email to: firstname.lastname@example.org
International destination restrictions
This Site only delivers to Australian postal addresses. Orders purchased on this Site cannot be shipped to an international address.
Sigma accepts Mastercard and Visa. We utilise the internationally recognised Secure Server certificate (SSL) technology to ensure customers' security.
Sigma also uses SecurePay Gateway Service . This system uses the industry’s best security methods and practises. All credit card numbers are housed within a secure environment. We never record a copy of your credit card details.
Sigma will cover the cost of freight of returned items where the mistake has been ours. The Site will accept returns of non-prescription lines within 30 days with proof of purchase. Goods must be in acceptable condition and Sigma must be contacted prior to sending.
Products can be returned to Sigma Pharmaceuticals, however customer service must be contacted before a credit can be provided. All credits are paid back to the card which made the payment, no refunds will be provided by the store where you returned the product.
For all credit and returns, please contact:
1300 790 618