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Terms of service and purchase

Welcome to Wellspect Healthcare’s e-Commerce service (the “Service”). The Service allows you to purchase products online from Dentsply IH Pty Ltd (ABN 46 112 267 133) (“Wellspect HealthCare”) via our website www.wellspect.com.au (the “Website”). Throughout the site, the terms “we”, “us” and “our” refer to Wellspect HealthCare. Your use of the Service or purchase of any product via our Website is subject to these terms and conditions, which is a legal agreement between you and Wellspect Healthcare.

You acknowledge and agree to have read these terms and conditions before you start to use the Service and prior to purchasing any products through the Service. By checking of the
“I accept the terms and conditions” checkbox, by using the Service or by purchasing any products through the Service, you agree to be bound by these terms and conditions, and any other terms and conditions that are incorporated herein by reference. These terms and conditions should be read in conjunction with our Disclaimers and Privacy Policy, all of which can be found on our Website and which are incorporated herein by reference.

If you do not agree with these terms of conditions, do not check the terms and conditions checkbox and do not use the Service.

Description of the Service

The Service provides you as a customer with the ability to place orders to Wellspect HealthCare online.

Information is handled by a secure connection between your computer and the third party online payment provider.

Wellspect HealthCare knows that using catheters is not what you want to be thinking about every day. So we aim to create the smoothest possible catheter experience, from start to finish. With this in mind, you can order Wellspect HealthCare products whenever you require them and delivery in Australia is free. You access 24/7 ordering by placing orders to the online Service.

You can contact Wellspect HealthCare’s team of Customer Care Nurses who are available Monday-Friday 9.00 am-5.00 pm AEST to assist you with any matter or question you might have. Our nurses can process your order for you immediately during these hours.

Accessing the Service and account security

In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. You also understand and agree that the Service may include certain communications from us (e.g. service announcements, administrative messages) and that these communications are considered part of the Service. You agree not to access the Service by any means other than through the interfaces that are provided by us for use in accessing the Service. We will provide the Service in accordance with this agreement. We may however at our sole discretion modify the features of the Service from time to time without prior notice. Any modifications unless expressly stated otherwise shall be subject to these terms and conditions.

You may be asked to provide certain information for registration or other information as part of using The Service. By providing us with this information you acknowledge and guarantee that all the information you provide to the Service is correct, current and complete. You also acknowledge your account is personal and that any user name, password or other similar information may not be shared by you with third parties. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We reserve the right to disable any user name, password or similar, at any time, in our sole discretion.

Order

You may submit your order online by following the instructions on the Website. Please note that when you submit an order through the Service this will be seen as a binding request to purchase the specified products as set forth in the order but that no binding sales contract shall have been deemed to have been entered into, unless and until we have submitted a written acceptance of the order (“order confirmation”). No legally binding sales contract has arisen should we not provide such an order confirmation.

If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. Each instalment shall constitute a separate contract. If we for some reason will not be able to deliver your order in a reasonable time as decided by us, such as if the products are out of stock or for some other reason and you have already paid for the products, we’ll provide you with a refund without unreasonable delay.

We will process your orders as soon as reasonably possible, but if your order is placed outside business hours, the acceptance or rejection of parts or the whole of your order may occur on the next business day or upcoming days. Standard web order processing time is normally 1 business day from the date the order was originally placed, but can vary depending on workload.

Occasionally the information provided on our Website or in the Service may contain inaccuracies or errors such as errors in information relating to product descriptions, pricing, product availability, and delivery times. We reserve the right to correct any errors and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Risk and title

Risk passes to you upon delivery and delivery shall be deemed to have taken place on delivery to your submitted address, upon leaving the products at the place of delivery if you have given permission to leave the goods unattended, or in leaving the order with another person at the submitted address if you are not there. Once the order is delivered we shall not be liable for any refund or replacement in respect of the order unless as required by law such as under the Australian Consumer Law or otherwise agreed. Please see our returns policy below for more information.

The right of ownership to any product purchased hereunder however passes over to you as soon as any such product has been fully paid. Hence, we are the owner of the products and shall retain full ownership to any product until it has been paid in full by you.

Delivery

Please note that we only ship to Australian addresses and the products available for purchase using the Service can therefore only be purchased provided you live in Australia.

We will take reasonable steps to dispatch your order within 1 business day from the order confirmation. Notification of dispatch and tracking details will be sent to you to monitor delivery in connection with the dispatch. Delivery may be affected by factors beyond our control and so delivery times cannot be guaranteed.

We ship orders with recognised distribution companies. Delivery times vary and are mainly dependent on such third party service providers and the location for the shipment. The approximate delivery times can be found on the relevant third party service provider’s website. Please note that during busy festive periods and public holidays there may be further delays with order processing, dispatch and delivery.

All orders receive free shipping Australia-wide unless otherwise set forth at checkout. Please note we cannot accept PO Box addresses for delivery as a signature is required for proof of delivery. We can offer a “non-signature required” service, however we will not be responsible for these items in the unlikely event the delivery doesn’t arrive.

We will not be liable for any delay in delivery or for any lost or undelivered order caused by a third party service provider or otherwise for delay in dispatch of your order. You agree to provide current, complete and accurate purchase information for all purchases made by you using the Service including but not limited to correct postal address. We take no responsibility for any delay or failure to deliver the ordered products to you due to incorrect information provided by you. In such case we may terminate the agreement and claim compensation for any damages or incurred costs.

Discharge from liability for delay in delivery (force majeure)

The following circumstances constitute discharge from liability: war, mobilisation or military draft of a similar scope, terrorism, sabotage, general or local industrial action, fire, flood, natural disaster, requisition, seizure, public authority order, trade restriction, payment restriction, unavailability of systems, , uprising or riot, epidemic, shortage of means of transport, shortage of personnel, shortage in material, general shortage, any limitation in the provision of electricity, fuel, or data communications and telecommunications, as well as other similar incidents and any other circumstance over which we have no control. Any delay in delivery on part of any party assisting us in the performance of the agreement which is caused by any such ground for discharge from liability as well as any other circumstance for which such party does not have control shall also constitute grounds for discharge from liability. The aforementioned circumstances constitute grounds for discharge from liability only where we could not have reasonably foreseen their impact on the performance of the agreement when the agreement was executed.

In the event that grounds for discharge from liability exist the delivery time shall be extended for as long as is reasonable under the circumstances. We shall be entitled to extend the delivery time notwithstanding that the reason for delay arose after the end of the originally agreed delivery time.

Where the grounds exist we shall be entitled to cancel the order and terminate the agreement without liability and where performance of the agreement is delayed due to any grounds for discharge from liability, which persists for more than two months, either party shall be entitled to cancel the order and terminate the agreement.

Payment

Payment for ordered products is made by credit or debit cards as currently accepted and instructed on the Website including Visa and Mastercard.

The price for the products purchased shall be in accordance with the price list available on the Website at the time of purchase and with the addition of any postage fees or other fees as set forth at checkout.

The prices may be updated at our sole discretion and any such new prices shall be binding as soon as published on the Website.

Payment shall be made in advance at the time of purchase by following the payment instructions on the Website. Payment must be made by you and received by us before delivery of the products.

Your full payment of all fees are a condition of the agreement and if you do not pay we shall have the right to withhold our performance including but not limited to cancel or hold delivery of ordered products irrespective of the reason for your failure to pay in due time.

In addition to above we may further immediately terminate the agreement with you if you fail to make payment or it is suspected that you will not be able to pay such as due to an insolvency event.

In the event of termination due to your arrears in payment as set forth above we shall be entitled to damages for all loss incurred in addition to interest on arrears. Any links contained in the Service to other sites or other resources not controlled or provided by us are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Please note that we are using third party service providers for the payment services provided through the Website and by making a payment you agree to the terms of service of such third party. We take no responsibility for such third party services including but not limited to their functionality, fit for an intended purpose, security or for any issues, damage or loss that may occur out of or in connection with the use of such third party services. If you decide to access any of the third party websites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and services.

Use of NDIS funding

Wellspect Healthcare is a registered NDIS Provider and you can therefore use their funding for the purchase of products using the Service provided you have an accepted funding schedule covering the products or an approved quote that covers the amounts planned for. We recommend you discuss this with your NDIA Plan Manager and when you are ready to start ordering, please contact the Wellspect Healthcare Customer Care Team who will guide you through the ordering process smoothly. You acknowledge and agree that we take no responsibility for and shall not be liable for difficulties in processing your NDIS payment.

Subscriptions

The Service includes opportunities to benefit from greater discounts by committing to a subscription package. These packages allow those needing products for longer periods to benefit from discounts and a range of high-value added services. Full details of the subscription packs can be discussed with our Customer Care Nurses.Once you are familiar with the options you can select the subscription pack of your choice online. As an added benefit you have the option of free scheduling of your future subscription orders.

Personal information

Your submission of personal information through the Service and personal information collected by us through your use of the Service is governed by our Privacy Policy. Please read our Privacy Policy prior to sharing any personal information with us.

Refunds and guarantees

You have certain rights and guarantees as a consumer under Australian Consumer Law (ACL) which may not be excluded by contract. Nothing in these terms shall therefore exclude such rights unless and up to the extent permitted by law. The products delivered hereunder come with some automatic guarantees provided under the ACL such as acceptable quality and you can also seek compensation for damages and losses you have suffered due to a problem with a product or service if we could have reasonably foreseen the problem. However, we will not pay for damages or losses that: i) are not caused by our business or the goods we supplied or ii) relate to something independent of our business and outside our control, after dispatch when they left our control. Furthermore, we won’t be liable for any loss or damage whether direct or indirect or consequential, except where it is not permitted to limit or exclude such liability under the ACL.

To the extent permitted by ACL we shall only be liable to provide any of the following remedies of our choice:

  1. to replace the defective products or to supply equivalent products;
  2. to pay the cost of replacing the products or acquiring equivalent products;
  3. to repair the defective products; or
  4. to pay the cost of repairing the products.

Your rights are however not limitless and we are not obligated to provide a remedy unless one of the guarantees has not been met. For example, we might not provide a remedy if you:

  1. have simply changed your mind unless otherwise agreed, please see our returns policy further below
  2. discover you can buy the products more cheaply elsewhere
  3. have damaged the products by using them in a way that is unreasonable.

Please note that you should inform us about a claim regarding defective goods as soon as possible. For products returned under our returns policy as set forth below, the time period is limited to 14 days.

We have a returns policy in addition to your rights granted under ACL and refunds can be offered for products returned within 14 days from purchase and in resalable condition. Return postage for a “change of mind” refund is the buyer’s responsibility. Consideration may also be given outside of these requirements, please contact us for information on what we can do.

We want you to be 100% positive about your experience with Wellspect HealthCare products and services. If you have any cause for concern or if you wish to make any claim in relation to the Service or products purchased hereunder, please contact our Wellspect HealthCare Customer Care Nurses Team on 1800 622 492.

Any refunds granted by us will be repaid with the same method as you used for the purchase.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Wellspect HealthCare or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damages) arising out of the use of or inability to use the Service, the information provided at the Website or otherwise in relation to the products purchased through the Website or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Wellspect HealthCare, its affiliates, suppliers or resellers have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, in any case, Wellspect HealthCare’s, its affiliates’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to these terms and conditions or the use of the Service or products purchased through the Service, will be limited to the amount actually paid by you for the Service or products purchased using the Service in the previous twelve (12) months or will be limited to the amount actually paid for the products which the claim refers to, whichever is the lowest.

Intellectual property

The Service and its entire contents, features and functionality (including, but not limited to, all information, software, products, text, displays, images, video and audio, and the design, selection and arrangement thereof) is the exclusive property of Wellspect HealthCare, its affiliates, its licensors or other providers of such material, as applicable, and are protected by copyright, patent, trademark and other intellectual or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Service. No right, title or interest in or to the Service or any content in the Service is transferred to you, and all rights not expressly granted are reserved by Wellspect HealthCare.

Nothing contained in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or contained in the Service without written permission from Wellspect HealthCare. Wellspect HealthCare does not waive any right to any Trademark or to any other intellectual property rights and nothing herein, including the absence of a Trademark in this Service or on the Trademark List shall be construed to the contrary. Any use of the Service not expressly permitted by these terms and conditions is a breach of these terms and may violate copyright, trademark and other laws.

The trademarks, logos, product and service marks, designs and slogans (collectively the “Trademarks”) displayed in the Service are registered and unregistered Trademarks of Wellspect HealthCare and its affiliates or licensors or their respective owners.

In order to improve readability, Wellspect HealthCare does not use ™ or ® in the running text or on pictures and other images in this Service, either for its own Trademarks or for the Trademarks of third parties. By doing so, however, Wellspect HealthCare does not waive any rights to its Trademarks.

Change in terms and conditions, products or Service

We reserve the right to limit the sales of our products including but not limited to limiting the quantities of any products or discontinue any product that we offer, or to any geographic region or person to the extent permitted by law. Please note that we currently only ship products within Australia.

We may at any time in our sole discretion revise or update these terms and conditions by updating this posting. All changes are effective immediately when they are posted and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised terms of conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We further reserve the right to withdraw, discontinue, modify or amend the Service, (or any part or content thereof), in our sole discretion and without notice at any time. We shall not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. We may also restrict access to some parts of the Service, or the entire Service. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Accuracy, completeness and timeliness of information

To the maximum extent permitted by applicable law we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. Your use of, or inability to use, the Service is at your sole risk.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information such as proper professional or medical advice in relation to the use of our products which you acknowledge and agree to seek as appropriate. To the maximum extent permitted by applicable law, in no event shall we be liable for any loss caused due to information provided on our Website.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

Prohibited uses

You may use the Service only for lawful purposes and in accordance with these terms and conditions. You shall not use the Service in any manner that could impair, overburden, damage, or disable the Service, any server or network of Wellspect HealthCare or its affiliates. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses, in our sole discretion.

Termination

We have the right to terminate your access to the Service or an agreement with you, with or without cause by giving notice to you. Upon such termination we will refund amounts paid in relation to undelivered goods which will not be delivered due to such termination. We are not otherwise liable whatsoever to you or any third party as a result of such a termination.

Severability

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.

Assignment

You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another party, but this will not affect your rights under these terms.

Headings for reference only

The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of these terms and conditions.

Governing law and dispute resolution

All matters relating to the Service, purchase of products through the Service and these terms and conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New South Wales without giving effect to any choice or conflict of law provision or rule (whether of Australia or any other jurisdiction).

Any dispute, controversy or claim arising out of or in connection with the Service, the products purchased through the Service or these terms and conditions shall be finally settled in court with the courts of New South Wales as the exclusive venue for resolving any dispute.

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