Agreement Between User and Self Care Corporation Pty Ltd
The Site is intended for and directed to residents of Australia and all information, advertising and claims contained on the Site are valid in and applicable only to Australia.
3. USE OF THE SITE – PERSONAL AND NON-COMMERCIAL USE LIMITATION
(A) LICENSE TO USE THE SITE
(B) INTELLECTUAL PROPERTY
The Site and all Site Content (including but not limited to text, code, software, video, music, sounds, graphics, photographs, illustrations, products, brands, names, companies, logo’s, trademarks and other material) contained thereon is protected by Intellectual property laws including copyright, trademarks and other legal rights and actions, and is owned or controlled by, or licensed to, Self Care Corporation Pty Ltd.
Unauthorised copying, reproduction, distribution, modification, copying, publishing, display, adapting, uploading, creating derivative works, posting, or transmitting of any of the site content is prohibited. You may not use or display any trademarks or service marks owned by Self Care Corporation without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
(C) COMMERCIAL USE OF SITE CONTENT
To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please contact Customer Care and provide the following information in the body of the email:
- The Site Content you wish to use
- Where, when and how it will be used
- Where and how copies will be distributed and to what audience
- How many copies will be produced and distributed
- What other materials will be associated with the Self Care content
- Your name, title, company, address, email address and phone number
We will evaluate and respond to your request as soon as possible. Self Care reserves the right to condition or refuse consent to the use of any or all of the Site Content at any time and in any manner, in Self Care’s sole discretion.
You may not provide links to images or text on Self Care’s Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.
(D) ACCURACY OF INFORMATION
Self Care strives to accurately and completely describe it’s products and provide updated information on the Site; however, Self Care does not warrant that product descriptions and information on the Site are complete or free from error.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information, Self Care shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Self Care 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, Self Care shall issue a credit to your credit card account in the amount of the incorrect price.
Occasionally, product pictures or video footage may be used on the site which refer to limited time promotions. These promotions are only valid for the promotional period, and inclusion of pictures/footage of these promotions within the site do not make the promotional price or offer valid outside of this period.
This Site may contain general information relating to various medical procedures. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
(A) DISCLAIMER OF LIABILITY
Neither Self Care, nor any person or entity involved in creating, producing or distributing any Site Content or services contained on this Site, nor any of their respective directors, officers, employees or agents, makes any warranty whatsoever, including without limitation that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, quality or content of any information, service or merchandise provided on or through the Site.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other Site Content accessed through or obtained by means of the Site.
(B) LIMITATION OF LIABILITY
To the extent permitted by law, Self Care, its affiliates, or any person or entity involved in creating, producing or distributing any Site Content or services contained on the Site, or any of their respective directors, officers, employees or agents, will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages of any kind arising out of or related to the use of or inability to use the Site, or the breach of any representation or warranty, whether as a breach of contract, tortious behaviour, negligence or any other cause of action, even if Self Care has been advised of the possibility of such damages.
In all circumstances Self Care’s maximum liability is limited to the amount of the purchase price of products sold to you through the Site in the proceeding twelve-month period. Self Care shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells, which exceeds this liability limit. Because jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Self Care’s liability is limited to the extent permitted by law, thereby minimising Self Care’s liability to you to the lowest amount permitted by applicable law.
(A) GOVERNING LAW AND JURISDICTIONAL ISSUES
This Agreement is governed in all respects by the laws of New South Wales, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(B) SUGGESTIONS AND FEEDBACK
We welcome feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of Self Care.
(C) INTERPRETATION AND ENTIRE AGREEMENT