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TERMS & CONDITIONS

1) DC Health x Sydney Bears GIVEAWAY PROMOTION Terms and Conditions

2) DC Health Website usage Terms and Condition

 

TERMS AND CONDITIONS

 

1) DC Health x Sydney Bears GIVEAWAY PROMOTION Terms and Conditions

  • Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  • Entry is only open to Australian residents aged 16 years or over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  • Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  • Promotion commences at 9:00am AEDT on 28/11/2020 and final entries close at 11:59pm AEDT on 28/12/2020 (Winner to be announced to public Monday 31st December 2020).
  • To enter, individuals must undertake the following steps during the Promotional Period:
  • Visit https://forms.gle/TYagFG6PJsS6zZQG6
  • Follow the prompts on the form;
  • Input the requested details, including their full name, valid email address
  • Include an answer to the question “Tell us your favourite memory from the 2019 AIHL season” in 25 words or less; and then
  • Submit the fully completed online entry form.
  • The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  • Incomplete or indecipherable entries will be deemed invalid.
  • Only single entries via the form are permitted.
  • If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

 

  • The judging will take place at DC Health Network, 13/61 Cathies Lane, Wantirna South, 3152 VIC. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winner will be notified by email. This is a game of skill and chance plays no part in determining the winner.  Each entry will be individually judged based on their answer and literary of the answer provided to the promotional question.
  • The Promoter’s decision is final and no correspondence will be entered into.
  • The best valid entries, as determined by the judges, will win:
  • 1 x Sydney Bears Signed Team Photo, 1 x Sydney Bears Jersey, 1 x Sydney Bears Goodall Cup Champions Keyring and 3 x DC Health Limited Edition Sydney Bears Hand Sanitisers
  • Total prize is valued at $390
  • If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  • If for any reason the winner does not take the prize (or an element of the prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 
  • If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  • The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
  • Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  • Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  • As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  • Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  • If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  • Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  • Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  • Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  • As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
  • The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.dchealth.com.au/pages/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  • The Promoter is DC Health Network (ABN: 40 623 638 844) of 13/61 Cathies Lane, Wantirna South, 3152 VIC.

2) DC Health Website usage Terms and Condition

 

This website (www.dchealth.com.au) is owned and operated by DC Health Network. By accessing this Website and/or purchasing something from us, you agree to the following terms and conditions (“Terms of Use”) made up of:

  • (a) Part A: Website Terms of Use
  • (b) Part B: Terms of Sale
  • (c) Part C: General

If you do not agree to these Terms of Use, you should not use or access this Website.

References to (a) "we", "us" or “our” means DC Health Network, (b) "you" mean you as the user of the Website, and (c) “Website” include all webpages and the online store.

 

PART A: WEBSITE TERMS OF USE

 

1. Eligibility to use Website

This Website is intended for users who are at least 18 years of age and are residing in and using this site within Australia.

DC Health Network makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

2. Copyright in Website material

This Website (including its content, images and software) is subject to copyright. The copyright is owned by DC Health Network, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of DC Health Network.

3. Trade marks

All trade marks, trade names, service marks and other product and service names and logos ("Marks") displayed on the Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of DC Health Network or third parties.

Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of DC Health Network or a third party which is displayed on this Website without their written permission.

If you use any Mark of DC Health Network to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).

4. Third party sites

This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained. DC Health Network does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. When using these third party websites, you will be bound by the terms and conditions posted on these other websites.

Unless otherwise expressly stated: (a) DC Health Network has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by DC Health Network, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.

5. Direct Electronic Messages

If you have provided us with your electronic contact information (e.g. email address / mobile phone number), (a) you consent to us sending direct electronic messages to you (including messages about our products or the goods and services of third parties) in accordance with our Privacy Policy and (b) you warrant that you are authorised to provide the electronic contact information to us.

6. Disclaimer

You acknowledge that access to this Website is at your own risk, and to the extent permitted by law:

(a) The information contained in this Website is provided by us in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.

(b) DC Health Network will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.

7. User Generated Content

This Website may allow you to upload content, including reviews or testimonials, in connection with goods and/or services supplied by DC Health Network. You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your UGC in any manner determined by us, in any form now or in the future. DC Health Network may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your UGC at its discretion. You agree that your UGC may be used by us in our marketing, together with your name and other identifying information provided to us. You acknowledge and agree that we are not required to pay or compensate you for use of your UGC.

DC Health Network will only use your UGC in accordance with our Privacy Policy and these Terms of Use. You release DC Health Network from any claims, actions, loss, cost, liability or expense of any kind whatsoever related in any way to DC Health Network use of your UGC in accordance with these Terms of Use, except to the extent the liability is directly caused or contributed to by DC Health Network breach.

You acknowledge that your UGC must not be for a Prohibited Use (see below). DC Health Network may remove, refuse to use, or take other action with respect to any UGC that is not consistent with this requirement, or for any other reason at its sole discretion.

8. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local laws, regulations, rules, or orders; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet; (l) to transmit, or procure the sending of, any advertising or promotional material; or (m) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

9. Viruses

We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.

10. Indemnity

You indemnify DC Health Network, its officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of, or conduct on, the Website in breach of these Terms of Use (including breach of any of your obligations under clauses 7, 8, or 9).

11. Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies and other techniques such as web beacons to provide us with information about your Website usage, recognise your device when you return to the Website (e.g. to store preferences), as well as to assist us to improve and develop the products and services we offer. If you do not wish to receive cookies, you may set your browser so that your computer does not accept them. If you disable cookies on your web browser, you may not be able to fully experience all features on this Website.

We may log IP addresses to analyse trends, administer the Website, track users' movements, and gather broad demographic information

12. Privacy

Any personally identifiable information that you submit through or in relation to the Website, including the online store, is collected and used by DC Health Network in accordance with its Privacy Policy.

13. Changes to the Website and Your Access

DC Health Network reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice. You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.

 

PART B: TERMS OF SALE

 

1. Application of terms of sale

All purchases of products from the online store made available on this Website (“online store”) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions.

2. Account

You do not need to register an account to access and use this Website. However, this Website may enable you to create an account. We reserve the right to refuse or cancel registration of an account for any reason in our sole discretion.

If you create an account you are responsible for: (a) maintaining the confidentiality of your username and password; (b) restricting access to your password and account; and (c) all activities and each purchase that occurs under your account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your account. It is your sole responsibility to notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

The use of any automated software or any other mechanical or electronic means allowing users to create accounts is prohibited.

3. Product Information

We have provided details such as ingredients, active ingredients, usage instructions and warnings, in respect of each product on the online store. Please read these details carefully, and ensure that the products you purchase are suitable for the intended use.

If you decant any product into another container (including any empty bottles supplied by us), you are responsible for following the usage instructions and warnings. You must also ensure that the usage instructions and warnings, along with any other relevant information on the product label, are made available by you to any user of the decanted product.

4. Placing orders

To be able to buy products you must: (a) provide your name and address, phone number, email address, payment details and other required information; (b) provide a delivery address within Australia; and (c) be aged 18 years or over.

You may place an order by clicking on the [‘ADD TO CART’] button and proceeding to the checkout page.

You will be provided with an opportunity to review your order, read and accept these Terms of Use, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

We may from time to time impose quantity restrictions or limits on the products you can order. Any quantity or total value restrictions will be stated on the online store or communicated to you at the time of placing your order or otherwise communicated to you.

We use reasonable efforts to ensure the availability of products you order from the online store but at times, products may be out of stock or not available for reasons beyond our control.

5. Processing

Once you have submitted and confirmed your order using the online store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered products (order receipt confirmation email).

6. Acceptance and cancellation of orders by us

We may reject all or part of an order at our sole discretion for any reason including (but not limited to) due to unavailability of products, errors in the description or price of products, errors in your order or where we suspect your transaction is fraudulent or unauthorised.

If we reject all or part of an order for any reason, we will refund any money paid for that order or part of the order.

If, after receiving your order, we are unable to fulfil that order, we will contact you in relation to the order.

We will email you to confirm when your order has been accepted and dispatched (shipment confirmation).

If we reject all or part of an order for any reason, we will refund any money paid for that order or part of the order.

We will email you to confirm when your order has been accepted and dispatched (shipment confirmation).

7. Prices, Shipping and Handling Charges and Taxes

All prices displayed on this Website are inclusive of GST, but do not include charges for shipping and handling (which are quoted separately during check out).

The price charged for a product will be the price in effect at the time your order is placed and will be set out in the order receipt confirmation email and in your shipping confirmation. If you place additional or separate orders after receiving the order receipt confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders.

Separate charges for shipping, handling and their related GST or other taxes will be shown in your order receipt confirmation email and can be viewed on a summary screen during the checkout process, prior to finalising your order.

Prices for products and for shipping and handling are subject to change at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a shipping confirmation.

Free standard shipping is available on retail orders over $180. To apply the free shipping discount, you must enter FREESHIPPING in the promo-code section at checkout. Applies for Australian orders only. Cannot be used in conjunction with any other offer. Minimum spend $180 AUD. Free standard shipping only. Express delivery option is not eligible for Free Shipping Discount.

8. Promotional codes

From time to time promotional codes may be offered. To redeem a promotional code, the code should be entered during check out when prompted. A maximum of one promotional code will be permitted per transaction.

Promotional codes cannot be used in conjunction with any other offer. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Shipping charges are excluded from the calculation of % off discount promotional codes, unless the code expressly relates to shipping.

9. Value bundles

We may offer bulk purchase discounts or bundle discounts. The applicable discount is as stated on the Website, and applies to the bulk purchase and/or bundle only. The discount will not be applied to the same products purchased individually.

10. Payment

Payment must be made by VISA, MasterCard or American Express, PayPal, AfterPay or by direct deposit into our bank account.

You warrant at the time of placing your order that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with your order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

If we do not receive confirmation that the payment has been processed, we will cancel your order.

If your card payment cannot be processed you will be notified of this on the online store. You will then need to contact the card issuer to resolve the issue directly.

11. Delivery

Where the products are listed as available, we will use best endeavours to despatch your order from our warehouse within two business days after receipt of your order. Where the products are on back order, we will use best endeavours to despatch your order within two business days of the product arriving in our warehouse.

We use third party shipping providers. Standard deliveries times are 1-3 business days following despatch, however may be subject to change based on demand and other circumstances beyond our control.

If we cannot deliver your order within the period specified in your shipping confirmation then we (or our shipping service provider) will endeavour to contact you.

If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

12. Events outside of our control

We will not be responsible for delay or failure to perform if the delay or failure is caused by any act, event, omission, accident or circumstance beyond our reasonable control including but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; cyber-attack, strikes or lock-outs (or other industrial action); national or local states of emergency; failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, pandemic, epidemic or other natural disaster; global shortages, unavailability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or the acts, decrees, legislation, regulations or restrictions of any government.

Our performance of our obligations to you will be suspended for the period that the above continues.

13. Title to Products

Title to the products passes from DC Health Network to you when we have received payment in full for the products. All risk in the products passes to you upon delivery.

14. Product Warranties, Returns & Liability

Warranties
In addition to any conditions, guarantees or warranties expressly set out in these Terms of Sale or the online store, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products are not of acceptable quality and the failure does not amount to a major failure.

All other warranties and representations in relation to our products are excluded, except those which are non-excludable in law (such as the Australian Consumer Law).

Returns
If you believe a product you have ordered is defective or damaged, please contact sales@dchealth.com.au.
Please do not dispose of the product, as we may request that you return it to us.

We may provide instructions for the return of the product. Once we have received and validated your returned product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email. We will notify you whether the product will be replaced or refunded. Any refund will be processed within 14 business days following written confirmation from DC Health Network.

You do not have the right to cancel any order, or return products due to change of mind.
30 Day Money Back Guarantee
DC Health offer a 30-day money-back guarantee on First Responder and Front Line sanitising products. Refunds can only be issued via the method that was used to pay for the order. You will personally be required to arrange a shipping method at your own cost for the return of your item and to receive your refund.

To initiate a return simply email us your order number and the details of the product you are not satisfied with, and why to sales@dchealth.com.au. Our team will reply with further instructions on the next steps in returning your item for a refund.

Please note that any products purchased long than 30 days prior to initiation email or are more than 25% used will be denied a refund due to breach of returns policy.

Liability, Exclusions and Limitations
If DC Health Network breaches any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under the Australian Consumer Law, our liability for such breach is limited at our election to either: (a) resupplying the products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those products.

To the fullest extent permitted by law and except to the extent (if any) provided in these Terms of Sale or if we are liable to you for loss under applicable provisions for the Australian Consumer Law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of this Website, the online store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.

15. Termination

Without prejudice to our termination or other rights under any other provision of these terms or applicable law, we may at any time prior to delivering the products to you, immediately terminate the contract for the supply of products to you if: (a) in our reasonable opinion you breach these terms of sale and the breach is not capable of being remedied; or (b) you breach these Terms of Sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach; (c) we become aware after order confirmation that the product is out of stock; or (d) there has been a genuine pricing or product description error by us.

If we terminate pursuant to this clause, we will refund any money already received for that order.

 

PART C: GENERAL

 

1. Governing law

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

2. Amendments

DC Health Network reserves the right to amend these Terms of Use at any time without notice. Any amendment will come into effect from the time the amended Terms of Use are posted on the Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.

3. Transfer or assignment

These terms are binding on you and DC Health Network and on any person to whom DC Health Network might transfer its rights. You must not transfer, assign, charge or otherwise deal with a contract with DC Health Network, or any of your rights or obligations arising under it, without our prior written consent. DC Health Network may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of DC Health Network rights or obligations arising under it, at any time.

4. Entire agreement

These Terms and any document expressly referred to in them represents the entire agreement between DC Health Network Network and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with DC Health Network, you have not relied on any representation, undertaking or promise given by DC Health Network or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Use.

5. Severance of clauses

If any clause of these Terms of Use is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms of Use and it will not affect the validity and enforceability of the remainder of the Terms of Use

6. Interpretation

A failure or delay in exercising any right, power or remedy does not operate as a waiver.

A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.

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