By using the accesshealth.com.au website (and App and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and Access Health Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may amend the terms of this Agreement at any time. Changes to this Agreement will be posted on the Website with immediate effect. By continuing to use the Website, you agree to be bound by the changes.
User Registration
You may be asked to register with us to access or use some of the features on our website.
If you register with us, you may be asked to provide personal details such as your name and email address, as well as choosing a username and email address. (“Identifying Information”).
You acknowledge that you are responsible for ensuring the accuracy of any identifying Information you provide us as part of the registration process.
You agree that you will not share your identifying Information with any third party and if you discover that your Identifying Information has been compromised, you agree to notify us immediately in writing.
If you register as a business, it is your responsibility to restrict/secure access of your employees, associates or agents.
You acknowledge that providing false or misleading information or using the Website and its content to further fraud or unlawful activity is grounds for immediate termination of these Terms.
Guest Checkout
You can make purchases on our website without creating an account by using our Guest Checkout.
When you use Guest Checkout, we will collect any personal information you provide including your name, email and delivery address in accordance with our Privacy Policy.
Changes to the Website
You acknowledge and agree that we may, at our sole discretion, vary, amend, change or update the content of the Website at any time.
You acknowledge, agree and accept that the Website may be unavailable from time to time (whether for maintenance of some other reason).
You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the products being temporarily unavailable, whether due to reasons within our control or not.
Third Party Links
You acknowledge that we may from time to time include links or references to other websites, other content of other materials (“Third Party Links”), none of which are controlled by us.
You acknowledge that these Third-Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third-Party Links. We do not endorse, approve or support these Third-Party Links. You use the Third-Party Links at your own risk.
Liability
We have taken proper care and precautions to ensure the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
Certain laws imply terms, conditions and warranties into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. Our liability in respect of a breach of a law or any warranty made under these Agreement is limited, to the extent permissible by law and at our option, to
replace or the supply of equivalent Goods;
repair of the Goods;
the cost of replacing the Goods or of acquiring equivalent Goods; or
the cost of having the Goods repaired.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in this Agreement or in another warranty statement supplied by us are excluded and we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
any increased costs or expenses;
any loss of profit, revenue, business, contracts or anticipated savings;
any loss or expense resulting from a claim by a third party; or
any special, indirect or consequential loss or damage of any nature whatsoever.
Your Use of the Website
You agree not to use the website or the content for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or any of the content in any way that could damage the Website, the content or our general business.
You further agree not to violate any intellectual property rights of Access Health or of any third party.
You agree not to interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site, servers or networks that host our site or with the security related features of our site.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website, the content or our general business then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
Intellectual Property
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Goods or Services.
You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement.
Indemnification for loss or damage
You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Placing an Order
The promotion of goods on this website does not constitute an offer to sell, it is an invitation to treat only. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified. Subject to the terms of this Agreement, an order is finalised when you have received your order confirmation and payment is made in full.
Where additional shipping costs are due (Clause 9) an order will not be complete until the additional shipping costs are approved and paid in full.
You must review your order carefully before placing it. Once an order is confirmed you may be unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Minds Return Policy in Clause 10(b).
If we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.
We use automated fraud detection software that may result in your order being delayed of cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price of product description on the Website. In these circumstances the order will be refunded in full.
Pricing
The prices for goods, delivery and other charges are in Australian dollars.
Applicable GST charges will be added to your cart at the checkout stage.
All payments for web orders must be paid in full prior to despatch. If your payment is not received or is declined by us, your bank or credit card, we cannot hold items against your order.
Shipping and Delivery
Subject to this Agreement, goods will be supplied as shown on your order confirmation which will be provided to you by email.
We do not use Australia Post, so we are unable to deliver to PO Box numbers or parcel lockers.
Some items will not qualify for our flat fee shipping fee. If additional freight is required (due to weight, location and/or dimensions), you will be contacted with details of the additional freight to arrange payment. Goods will not be despatched until freight costs are paid in full. Where additional freight is not agreed or paid, the order will be cancelled and payments received refunded.
We will use our best endeavours to meet stated timeframes for delivery, however from time to time particularly during busy periods our shipping service providers may suffer delays beyond our control.
A signature may be required for some deliveries. You are responsible for ensuring you are able to accept delivery. Neither we, nor our freight company will be responsible:
For late delivery where attempted delivery has occurred on or before the stated delivery timeframes.
For lost or missing parcels that have been signed for at your selected delivery address.
For lost or missing parcels left at your chosen location where you have expressly given authority to leave.
Returns Policy
Australian Consumer Law
We handle returns, refunds and repairs in accordance with our obligations under Australian Consumer Law.
If you are seeking a return, refund or repair, you may contact us using the details at the end of these Terms. We will advise you whether the goods may be returned and where required, provide you with instructions how to return your goods.
Where upon assessment, returned goods under Australian Consumer Law or warranty basis, are deemed to have breached a consumer guarantee, any shipping costs to return the goods to Access Health will be incurred by us. Where the goods are assessed and deemed not to have breached any guarantees under Australian Consumer Law or product warranties, then any shipping costs incurred to return the goods to Access Health or back to you, will be paid for by you.
There may be circumstances where you are not entitled to a remedy.
Change of Mind Returns
Please choose carefully as returns and refunds are not possible where you have changed you mind, made the incorrect selection, or found the item cheaper elsewhere.
Access Health will allow a return for an exchange of product where you have changed your mind, provided that the item in question is:
returned within 7 days of receiving the order,
in a resalable condition and as new and unused, unworn, unopened, undamaged and has all original packaging and tags in-tact (including any package seals (if any) being unbroken).
Change of mind returns are not accepted for goods which are used in a way or environment that would create OH&S and hygiene risks. This includes any goods that may have been soiled or exposed to biological contamination. This also includes but is not limited to goods used for: bathroom and bathing; toileting; toileting and hygiene slings; stockings ad undergarments; pillows; bedding and protectors; continence products; bracing and supports; compression garments; personal kitchen aids; cutlery and crockery. Remedies for defective goods are still available.
To return your item for change of mind, you must follow our returns process. You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us, you will not be eligible for a credit or exchange.
Returned goods are not deemed and accepted as qualifying as a return until we have assessed and confirmed in writing.
Goods which have been customised or are a “special order” item may not be returned.
We reserve the right to apply a restocking fee of 20%. You will be contacted once the return has been assessed and agreed.
Refunds
If a refund is payable, the refund will be made in the same way as the original order either by credit card, PayPal or bank transfer.
Packaging and Labelling
We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
General
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
Privacy
Through your use of the Website or other services, you may provide us with some of your personal information. By using the Website, you authorise us to use your information in Australia and any other country where we operate.
We take our privacy obligations very seriously.
Please refer to our Privacy Policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.
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