This page sets out the terms and conditions on which Medical Plus Pty Ltd (ABN 41 104 491 116) (”Medical Plus” or “Us”) supplies products (“Products”) through its website (“the Site”).
Please read the following carefully and make sure you understand them before ordering Products through the Site.
- Terms and Conditions
1.1 These terms and conditions (“Terms”) govern your purchase of Products through the Site.
1.2 In placing an order to purchase Products on the Site, you agree to be bound by these Terms.
1.3 While you should retain a copy of these Terms for future reference, we may amend these Terms from time to time. You are responsible for checking the Terms each time you order Products through the Site.
- Our Products
2.1 Images of Products on the Site are for illustrative purposes only. In particular, we cannot guarantee that your computer accurately displays colours. Also, the packaging of Products you order may vary from time to time.
2.2 All Products shown on the Site are subject to availability.
- How the contract is formed between you and us
3.1 After you place an order, you will receive an e-mail from us acknowledging your order. We will then confirm our acceptance of your order by sending you an e-mail that confirms that your order has been dispatched (“Dispatch Confirmation”). The agreement between us will not be formed until we send you the Dispatch Confirmation.
3.2 If we cannot supply you with a Product – for example because that Product is not in stock or is no longer available or because of an error in the price on the Site – we will inform you of this by e-mail and will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
4.1 The prices of Products are as displayed on the Site from time to time.
4.2 We take all reasonable care to ensure the prices of Products are correctly displayed, but it is possible that, despite our best efforts, some Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on the Site, we will charge the lower amount when dispatching Products to you; and
(b) if the Product’s correct price is higher than the price stated on the Site, we will:
(i) contact you in writing as soon as possible to inform you of this error; and
(ii) give you the option of continuing to purchase the Product at the correct price or cancelling your order; but
(iii) not process your order until we have your instructions (and if we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing).
4.3 Prices for our Products may change from time to time, but changes will not affect any order confirmed with a Dispatch Confirmation.
4.4 Any special deals or offers will only be valid for as long as they are displayed on the Site, unless stated otherwise.
4.5 The price of a Product includes GST (where applicable) at the applicable rate chargeable in Australia for the time being.
- Postage and handling
5.1 Pricing information in relation to Products indicates whether or not postage for delivery in Australia is included. If postage is not included in the price of a Product, the cost of postage for Australian delivery will be stated on checkout before you place an order.
5.2 In some cases, we are able to ship internationally. If you order Products for international delivery, the cost of postage will be added to the price of the Product and you agree that we may charge for that cost. If you are concerned to know about the cost of delivery outside Australia, you will need to contact us first before placing your order.
5.3 If you order Products for international delivery to a country to which we ship, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
5.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
- How to pay
6.1 To purchase products on the Site, you must first create a user account and provide us with any requested information.
6.2 You may only pay for Products using our online payment system, which processes payments for all orders for Products through the Site.
6.3 Payment for Products and all applicable delivery charges is in advance.
- Personal information
- Warranties and Indemnities
8.1 By placing an order for a Product, you warrant that you are legally entitled to purchase that Product, and you warrant that you possess any licences which may be required to purchase Products in your territory, and that you are compliant with any regulatory requirements in your territory.
8.2 You agree to indemnify, defend and hold harmless Medical Plus, and our related companies, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including legal costs on a solicitor-client basis, made by any third-party due to or arising out of your breach of your warranty in clause 8.1, these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Unlawful uses of Site
9.1 In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content for:
(a) any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal or state regulations, rules, laws or local ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, intimidate, harm, abuse, insult, defame, disparage or discriminate based on gender, sex sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to upload or transmit viruses, malicious code or any other malware;
(g) to spam, phish, crawl or scrape information; or
(h) to circumvent the security features of this Site or any other website or websites.
- Limitation of liability
10.1 To the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms are expressly excluded.
10.2 If any of the exclusions or limitations set out in this clause 10 are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products.
10.3 In no event will we (including our agents, employees or contractors) be liable for any:
(a) direct loss; or
(b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption,
however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising as a result of or in connection with our acts or omissions pursuant to these Terms.
10.4 To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the previous month.
10.5 If any Statutory Provisions in New Zealand, including under the Fair Trading Act 1986 (FTA) and Consumer Guarantees Act 1993 (CGA) apply, the parties agree that the effect of the provisions in the FTA (as permitted in accordance to section 43) and the CGA (as permitted in accordance to section 5D), will not apply to this Agreement.
- Third party links
11.1 Certain content, Products and services available on the Site may include links to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
11.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- Buying on behalf of an organisation
12.1 You confirm that you have authority to bind any business or other organisation on whose behalf you purchase Products.
- Your right of return and refund
13.1 Subject to your rights under the Australian Consumer Law and related State and Territory legislation, once we have accepted your order by sending you a Dispatch Confirmation, you may not cancel that order or ask for a refund.
13.2 If you believe you are entitled to return a Product or to request a refund, please email us at email@example.com
13.3 Any refund will be made via the account used by you to pay for your order.
- Delivery and title
14.1 Delivery will be complete when we deliver your order to the address you give us during the ordering process.
14.2 We will not be responsible for any loss, damage or injury you may directly or indirectly suffer as a result of or in connection with any delay or failure to deliver an order within any indicated time-frames.
14.3 You are responsible for providing us with a sufficient delivery address. If a Product is found to have been wrongly addressed by us, we will be responsible for re-delivery, replacement or a refund but if you have given an incorrect or insufficient address, we will not refund or resend the Product and you will bear all responsibility for correcting delivery.
14.4 Any Products will be your responsibility once they are delivered to you but you will only own Products delivered to you once we have received payment in full, including all applicable delivery charges.
- Events outside our control
15.1 To the maximum extent permitted by law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war – whether declared or not – or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
15.2 If an event covered by clause 15.1 takes place that affects the performance of our obligations to you:
(a) we will contact you as soon as reasonably possible;
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event; and
(c) where the event affects our delivery of Products to you we will arrange for delivery after the event is over.
15.3 We use reasonable endeavours to ensure that the Site and any transactions conducted on it are secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free, and that (to the maximum extent permitted by law) we will not be liable for any damage suffered due to failure, delay, interception or manipulation of electronic communications by any third party on any computer program (including those used to transmit viruses).
- Other important terms
16.1 We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 Each of the paragraphs of these Terms operates separately. If any are found to be unlawful or unenforceable, those paragraphs will be severed and the remaining paragraphs will remain in full force and effect.
16.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 These Terms and any policies or additional terms of service communicated to you on the Site, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
16.6 Any ambiguities in the interpretation of these Terms shall not be construed against Us.
16.7 In interpreting these Terms, unless the context otherwise requires:
(a) clause headings will be disregarded; and
(b) words importing the singular include the plural and vice versa.
16.8 These Terms are governed by the law in force in Victoria, and any dispute or claim arising out of or in connection with them or a Product will be governed by Victorian law. You and we both agree to that the courts of Victoria will have jurisdiction over any such dispute or claim.