terms-and-conditions

Last updated: [DATE]

These Terms and Conditions ("Terms") govern your access to and use of the website [WEBSITE URL] and any related mobile applications (together, the "Platform"), operated by [LEGAL COMPANY NAME] (ABN [ABN]) trading as Aussiemed ("Aussiemed", "we", "us", "our").

By creating an account, placing an order, requesting a quotation or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. Definitions

  • Customer - any person or organisation that registers an account, places an order or requests a quotation.
  • Supplier - a third party that lists, supplies or fulfils products through the Platform.
  • Products - the goods offered for sale on the Platform.
  • Order - a request to purchase Products submitted through the Platform.
  • Invoice - a document issued for all or part of an Order. Where an Order contains Products from more than one Supplier, a separate Invoice is issued for each Supplier.

2. Eligibility and Accounts

  1. You must be at least 18 years old and have the legal capacity to enter into a binding contract.
  2. Where you register on behalf of a business or institution, you warrant that you are authorised to bind that entity.
  3. You must provide accurate, current and complete information and keep it up to date. We may verify your email address or mobile number before activating your account.
  4. You are responsible for keeping your password confidential and for all activity under your account. Notify us immediately at [SUPPORT EMAIL] if you suspect unauthorised access.
  5. Certain account types may require approval or verification before ordering is enabled. We may decline, suspend or close an account at our discretion, including where we suspect fraud, resale in breach of these Terms, or a breach of applicable law.

3. Regulated and Professional-Use Products

Some Products are medical devices, therapeutic goods or consumables that are regulated in Australia and may be restricted to healthcare professionals, licensed practices or approved institutions.

  1. Where a Product is marked as restricted, professional-use or prescription-only, you must hold and, on request, evidence the relevant qualification, registration, licence or authorisation. We may require documentation before releasing an Order.
  2. You must not on-sell, re-supply or use any Product other than in accordance with its intended purpose, its instructions for use, and all applicable laws and regulations.
  3. Nothing on the Platform is medical advice, a diagnosis or a recommendation for treatment. Product descriptions, specifications and images are provided for identification purposes and do not replace the manufacturer's instructions for use, the product insert, or the judgement of a qualified healthcare professional.
  4. You are responsible for confirming that a Product is appropriate, compatible and lawful for your intended use before ordering.

4. Product Information and Availability

  1. We take reasonable care to describe Products accurately, but specifications, packaging, images and labelling may be updated by manufacturers or Suppliers without notice. Images are indicative only.
  2. Availability is not guaranteed. A Product marked Out of Stock cannot be added to cart; you may instead use Notify Me to receive an email when it becomes available again. We may limit or cancel quantities on any Order.
  3. Where a Product listing contains an error in description, specification or price, we may correct it at any time and may cancel any affected Order that has not yet been dispatched.

5. Pricing

  1. Prices are shown in [CURRENCY] and, unless stated otherwise, are [inclusive / exclusive] of GST. Any GST treatment is shown at checkout.
  2. Some Products are offered at quantity-based (tiered) pricing. The applicable unit price is determined by the total quantity of that item in your cart and may change as you adjust the quantity. The price applied at the time your Order is confirmed is the price payable.
  3. Prices exclude delivery charges, surcharges and any duties or taxes, which are shown separately before you confirm payment.
  4. We may change prices at any time. Changes do not affect Orders already confirmed.

6. Quotations and Bulk Purchases

  1. A quotation or bulk-buy request submitted through the Platform is a request for pricing, not an Order, and does not reserve stock.
  2. Quotations are valid for the period stated on them or, if no period is stated, [NUMBER] days from issue, and are subject to stock availability at the time of acceptance.
  3. Quotations may be subject to minimum order quantities, separate delivery terms or different payment terms, which will be set out in the quotation.

7. Orders and Formation of Contract

  1. Submitting an Order is an offer to purchase. Your Order is only accepted when we issue an Invoice or an order confirmation for it. An automated acknowledgement of receipt is not acceptance.
  2. Where an Order contains Products from more than one Supplier, it is split into a separate Invoice per Supplier. Each Invoice may be processed, dispatched, delivered and invoiced separately, and its status may progress independently.
  3. We may accept an Order in part, or decline it, including where a Product is unavailable, a pricing or description error has occurred, verification of a regulated Product has not been provided, payment is not authorised, or delivery is not available to your address.
  4. We may accept back-orders. Where we do, the expected supply timeframe is indicative only.

8. Payment

  1. Accepted payment methods are shown at checkout. Card payments are processed by our third-party payment provider; we do not store your full card details.
  2. You warrant that you are authorised to use the payment method supplied and that sufficient funds or credit are available.
  3. Where an Order is paid online, we verify the payment with the provider before fulfilment. An Order will not be fulfilled on the basis of an unverified or reused payment session.
  4. Where account or credit terms have been agreed in writing, payment is due within the agreed period. Overdue amounts may attract interest at [RATE]% per annum and we may suspend further supply until the account is settled.
  5. Title in the Products passes to you on receipt of payment in full. Risk passes on delivery in accordance with clause 9.

9. Delivery

  1. Delivery options, charges and estimated timeframes are shown at checkout and may vary by Product, Supplier and destination.
  2. Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, supply shortages or other events outside our reasonable control.
  3. You must provide a complete and accurate delivery address and, where relevant, the name and contact number of the person receiving the goods. You are responsible for charges arising from an incorrect address or a failed delivery attempt.
  4. Risk in the Products passes to you on delivery to the nominated address or to a person who appears authorised to accept them at that address.
  5. Please inspect Products on receipt. Damage in transit, shortages or incorrect items must be reported within [NUMBER] days of delivery, with photographs where relevant.
  6. Cold-chain, sterile and dated Products may be subject to additional delivery conditions, which are shown on the Product page.

10. Cancellations

  1. You may request cancellation of an Order through your account. A request is not a cancellation until we approve it.
  2. We can generally accept a cancellation request only while the Order has not yet been dispatched. Once dispatched, clause 11 applies instead.
  3. Where a cancellation is approved, we refund amounts already paid using the original payment method within [NUMBER] business days. Payment provider fees may not be recoverable.
  4. Special-order, custom, sterile, temperature-controlled and short-dated items may not be cancellable once processing has begun. This will be indicated before you confirm the Order.

11. Returns, Faults and Consumer Guarantees

  1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that applies to you under the Australian Consumer Law and that cannot lawfully be excluded.
  2. If a Product is faulty, damaged, incorrectly supplied or does not match its description, contact us at [SUPPORT EMAIL] within [NUMBER] days of delivery. We will arrange a repair, replacement or refund as required by law.
  3. Change-of-mind returns are accepted at our discretion within [NUMBER] days, provided the Product is unused, unopened and in its original saleable packaging with all seals intact. A restocking fee of [PERCENT]% and return freight may apply.
  4. For health, safety and regulatory reasons, we cannot accept the return of Products that have been opened, used, unsealed, dispensed, refrigerated outside the cold chain, or that are past or near their expiry date, unless the Product is faulty or was incorrectly supplied.
  5. Do not return any Product without first obtaining a return authorisation from us. Unauthorised returns may be refused.

12. Suppliers

  1. Some Products are supplied by third-party Suppliers listing on the Platform. Where this is the case, the Supplier is identified on the Product page or Invoice.
  2. Suppliers are responsible for the accuracy of their listings, the quality and regulatory compliance of the Products they supply, and their own dispatch performance.
  3. Our role in respect of Supplier Products is to operate the Platform, process the transaction and provide first-line support. This clause does not limit any right you have against us under the Australian Consumer Law.

13. Acceptable Use

You must not:

  • use the Platform for any unlawful purpose or in breach of any regulation applying to therapeutic goods or medical devices;
  • submit false, misleading or fraudulent information, orders or credentials;
  • scrape, crawl, harvest or systematically extract content, pricing or Supplier data;
  • attempt to gain unauthorised access to any account, server or system, or interfere with the operation or security of the Platform;
  • upload anything containing malware, or any content that is unlawful, infringing, defamatory or offensive;
  • resell, sublicense or commercially exploit the Platform or its content without our written consent.

14. Intellectual Property

  1. All content on the Platform - including text, graphics, logos, layout, software and compilations of data - is owned by us or our licensors and is protected by intellectual property laws.
  2. You may view and print content for your own internal, non-commercial use. All other use requires our prior written consent.
  3. Manufacturer and Supplier trade marks and product images remain the property of their respective owners and are used for product identification only.
  4. If you submit a review, enquiry or other content, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display it in connection with the Platform.

15. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. By using the Platform you consent to that handling. Where you provide professional registration or licence details, you consent to us verifying them with the relevant authority.

16. Third-Party Services and Links

The Platform relies on third-party services, including payment processing and delivery, and may link to third-party websites. We are not responsible for the content, availability or practices of third-party sites, and a link does not imply endorsement. Your use of a third-party service may be subject to that provider's own terms.

17. Availability of the Platform

We aim to keep the Platform available but do not guarantee uninterrupted or error-free access. We may suspend, withdraw or restrict all or part of the Platform for maintenance, upgrades or operational reasons without notice.

18. Liability

  1. Nothing in this clause limits our liability where it cannot lawfully be limited, including under the Australian Consumer Law.
  2. Subject to clause 18.1, and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, data, goodwill or business opportunity, however arising.
  3. Subject to clause 18.1, our total aggregate liability arising out of or in connection with an Order is limited, at our option, to resupplying the relevant Products, repairing them, or refunding the amount you paid for them.
  4. We are not liable for loss arising from your failure to use a Product in accordance with its instructions for use, its intended purpose or applicable law, or from your failure to hold a required authorisation.

19. Indemnity

You indemnify us against any claim, loss, liability, cost or expense we incur arising from your breach of these Terms, your misuse of a Product, your use or supply of a regulated Product without the required authorisation, or your breach of any applicable law - except to the extent the loss was caused by our own negligence or breach.

20. Force Majeure

Neither party is liable for a failure or delay in performing its obligations (other than an obligation to pay money) caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic or pandemic, industrial action, war, act of terrorism, failure of utilities or telecommunications, carrier failure, government action, or supply-chain disruption.

21. Changes to These Terms

We may amend these Terms at any time by publishing an updated version on this page with a revised "Last updated" date. The Terms in force at the time you place an Order apply to that Order. Continued use of the Platform after publication constitutes acceptance of the amended Terms.

22. Termination

We may suspend or terminate your access to the Platform immediately if you breach these Terms or if we reasonably suspect fraudulent or unlawful activity. Termination does not affect any accrued rights or obligations, including your obligation to pay for Products already supplied.

23. Governing Law

These Terms are governed by the laws of [STATE/TERRITORY], Australia. You and we submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of any courts that may hear appeals from them.

24. General

  1. If any provision of these Terms is found to be unenforceable, it is severed and the remaining provisions continue in force.
  2. A failure or delay by us in exercising a right is not a waiver of that right.
  3. These Terms, together with our Privacy Policy and any written quotation or account agreement, form the entire agreement between us in relation to the Platform.
  4. You may not assign your rights under these Terms without our written consent. We may assign ours in connection with a sale or restructure of our business.

25. Contact Us

Questions about these Terms, an Order or a return:

  • [LEGAL COMPANY NAME] trading as Aussiemed
  • ABN: [ABN]
  • Address: [REGISTERED ADDRESS]
  • Email: [SUPPORT EMAIL]
  • Phone: [PHONE]
  • Business hours: [HOURS]