Terms & Conditions 2019-05-13T17:32:26+10:00

 

  • Website Terms of Use
    • Thank you for visiting our website. This website is owned and operated by Liquitab Systems Limited (ACN 121 790 770) (myLiquitab). These Terms apply to:
      • the use of this website, including the use of the information offered on this website and to any response to an enquiry that you make via the website; and
      • any purchases you make through the website.
    • By accessing and/or using this website and related services, you agree to these terms and conditions, which include our Privacy Policy com/privacy You should review our Privacy Policy and these Terms carefully. If you do not agree to these Terms, you must cease accessing or using the website.
    • In these Terms the expressions we, us and our are a reference to myLiquitab and a reference to you and your is a reference to any person or entity that accesses or uses any part of this website.
  • This website does not provide medical advice
    • The information included on the website or any response to an enquiry that you make via the website:
      • is not medical advice and is provided for educational and information purposes only; and
      • is not intended nor implied to be a substitute for medical advice, diagnosis and treatment from qualified pharmacists, registered medical practitioners and healthcare professionals.
    • myLiquitab does not engage in medical practice and is not associated or aligned with any medical clinic, drug company or healthcare delivery service.
    • The products sold by myLiquitab in this website (including the myLiquitab Homecare Unit, myLiquitab Homecare Pack and associated products):
      • are not medical devices; and
      • are not intended for use by persons (including children) with reduced physical, sensory or mental capabilities, unless they have been given supervision or instruction concerning use of the products by a person responsible for their safety.
    • Individuals under the age of 18 must not use the Products without adult supervision.
    • Enteric coated, sustained release and slow release tablets should not be liquefied in the myLiquitab Homecare Unit. Cytotoxic drugs should also not be used in a myLiquitab Unit. Some medications are better ‘non crushed.’ Please seek advice from your doctor and/or pharmacist regarding which medications are suitable for use in a myLiquitab Homecare Unit.
    • You must seek the advice of your pharmacist or doctor before using the Products, including regarding which mediations are suitable for use in a myLiquitab Homecare Unit. You are solely responsible for your use of the products sold on this website.
    • Content contained in the website and information about our products and services are not intended to be used to diagnose, treat, cure or prevent any disease or condition or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the website or our products and services.
  • Purchase of Products
    • In these Terms:
      • Delivery Address means the address to which a Product is to be delivered, as set out on the Order Confirmation Page;
      • Delivery Fee means a fee for the delivery of the Product to you as set out on the Order Confirmation Page;
      • Order means an Order for a Product made in accordance with these Terms;
      • Order Confirmation Page means the web page that sets out the details of your Order, including the Product, Price and Delivery Address;
      • Price means the purchase price for each Product as specified on the Order Confirmation Page, including applicable GST; and
      • Product means any product purchased from myLiquitab through this website, including any myLiquitab Homecare Unit, myLiquitab Homecare Pack and associated products (and Products has an associated meaning).
    • By placing an Order via the website, you are offering to purchase a Product on, and subject to, these Terms.
    • When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email will does not constitute acceptance of your Order. A contract between you and myLiquitab for the purchase of the Product will not be formed until your payment and Order has been approved by myLiquitab and we have received payment for the Product in full.
    • myLiquitab does not warrant that any of the Products displayed on the myLiquitab website will always be available. All Orders are subject to product availability. If myLiquitab is unable to complete your Order due to insufficient supply of the Product you have ordered or any other reason, you will receive a refund of any money paid.
    • We may withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time. myLiquitab will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product. Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us for the Product.
    • When you place an order, myLiquitab will charge you and you agree to pay the Price and any applicable Delivery Fee. All prices are in Australian dollars and, if GST applies, are inclusive of GST.
    • myLiquitab reserves the right to change or alter Prices without notice to you. If you have already submitted an Order for a Product at a particular Price, we will supply your Product at that Price.
    • Any payment for an order must be cleared by myLiquitab before Products are dispatched. If your payment cannot be processed, you will not able to place your Order.
    • We may allow you to use a third-party payment provider to make payments to us. If you make a payment using a third-party payment provider, you may need to enter into a separate, legally binding agreement, with that payment provider.
    • The Order Confirmation Page will display an estimated delivery time for the products; however delivery times may vary according to availability and delays caused by postal services or force majeure, which are outside of myLiquitab’s control.
    • You warrant that you are over the age of 18, that you are located in Australia or New Zealand and that your use of the Products will exclusively occur in Australia or New Zealand. myLiquitab has no responsibility to you or any other person for use of the Products outside Australia or New Zealand.
    • If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
    • Risk in the Products passes to you when the Products are delivered to the Delivery Address. Title in the Products passes to you on receipt by myLiquitab of the Price in full for the Products.
    • All myLiquitab Homecare Units sold by myLiquitab come with a 30 day money back guarantee. If you are not satisfied with your myLiquitab Homecare Unit, you may return the myLiquitab Homecare Unit to myLiquitab no later than 30 days after delivery of the Product to you, and myLiquitab will refund you the Price you paid for the myLiquitab Homecare Unit. Please email info@myliquitab.com if you would like to return your Product under this “money back guarantee”, and we will provide you with directions for returning the Product. You are responsible for any postage or delivery costs associated with the return of the myLiquitab Homecare Unit. This 30 day money back guarantee does not apply to any other products purchased by myLiquitab on this website.
    • Unless provided for under these Terms (including clause 14 above) or as otherwise agreed by myLiquitab in writing, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the Delivery Address in your Order. You should carefully check the Order Confirmation Page before you submit your Order.
    • Delivery Fees will not be refunded if you return Goods for change of mind, or if you make an incorrect selection.
    • If you are entitled to a refund under these Terms or the Australian Consumer Law, we will process any refunds within a reasonable time of agreeing to do so. Any refund will be processed in the same manner in which payment was received.
    • From time to time myLiquitab will undertake special offers and/or promotions. Separate terms and conditions may apply to Products sold as part of a promotion or offer.
    • Neither party will be liable for any failure or delay or default in performance of its obligations under these Terms if such failure or delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
  • Disclaimer and Liability
    • To the maximum extent permitted by law, including the Australian Consumer Law in no event shall we be liable for any direct and indirect loss, damage or expense, or injury, illness or death – irrespective of the manner in which it occurs – which may be suffered as a result of:
      • your use of our website and/or the information or materials contained on it;
      • the inaccessibility of this website;
      • the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; or
      • from your purchase or use of the Products.
    • myLiquitab:
      • makes no representation that its Products are suitable for your specific circumstances or appropriate for your individual needs;
      • does not warrant that the Products will function in accordance with any claim made in our marketing materials (including this website) and instructions; and
      • has no liability to you arising howsoever in connection with the Products where your use of the products:
        • is not in accordance with our instructions; or
        • is outside Australia and New Zealand; and
      • does not guarantee that the myLiquitab Homecare Unit will not result in the loss of some active ingredients in mediations.
    • To the maximum extent permitted by law, including the Australian Consumer Law, any condition or warranty which would otherwise be implied into these Terms (including in connection with any Products you purchase through the website) is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following:
      • if the breach relates to goods (including any Products you purchase through the website):
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of such goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired; and
      • if the breach relates to services:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again.
  • Exception to disclaimer
    • The disclaimer set out in clause 3 of these Terms does not:
      • attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded; or
      • affect or exclude any terms contained in myLiquitab’s Warranty that applies to the myLiquitab Homecare Unit, available at www.myliquitab.com/qwarranty
  • Specific warnings
    • You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
    • You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. For the avoidance of doubt, we do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of this website or any linked website.
    • The information published and contained on this website is intended to showcase and sell myLiquitab’s Products and services. We aim to ensure the accuracy of such information. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information. Actual product characteristics (for example, shades of colour or size) may not match exactly those as displayed on your screen. In addition, any accessory featured with any Product is for illustrative purposes only, and may be sold separately.
    • You acknowledge that we are a distributor of any content on this website attributed to a third party. Our editorial control in relation to content attributed to a third party is limited to the selection of materials to make available. Any opinions or statements of advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, adequacy, completeness, currency or usefulness of such content or its fitness for any particular purpose. It remains your responsibility to evaluate the accuracy, completeness, currency, adequacy and usefulness of any such information.
    • Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.
  • Cookies
    • Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the website.
  • Copyright
    • Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of this website (Content) and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of such Content, is owned or licensed by us. Content procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:
      • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on this website; or
      • commercialise any information, products or services obtained from any part of any Content on this website, without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.
    • Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
    • 8.3 If you believe you own the copyright in any work that has been displayed on the website without your permission, please contact us and the matter will be investigated.
  • Trade marks
    • Except where otherwise specified, any word or device used on this website as a trade mark is a registered or proprietary trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks.
    • If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
      • in or as the whole or part of your own trade marks;
      • in connection with activities, products or services which are not ours;
      • in a manner which may be confusing, misleading or deceptive;
      • in a manner that disparages us or our information, products or services (including this website); or
      • without our prior written permission.
  • Unacceptable activity
    • You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
      • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
      • using this website to defame or libel us, our employees or other individuals;
      • using any device, software or method to interfere (or attempt to interfere) with the proper functioning of this website or any transaction being conducted on the website, or with any other person’s access to or use of this website;
      • uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
      • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
    • If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
  • Linked Websites
    • This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
    • We are not responsible for the content or privacy practices associated with Linked Websites.
    • Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.
  • Privacy
    • myLiquitab understands that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information at www.myliquitab.com/privacy or upon request from us.
    • If you would like any further information about our privacy policies or practices, please contact us at info@myliquitab.com.
  • Security of information
    • Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted strictly at your own risk. Without limiting the foregoing, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  • Termination of access
    • Access to this website may be terminated at any time by us without notice. Clause of these Terms and other terms which are capable of survival will nevertheless survive any such termination.
  • Governing law
    • These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.
  • Amendment of Terms
    • We reserve the right to amend these Terms from time to time. Amendments will be notified on the website. Your continued use of the website following such notification will represent an agreement by you to be bound by the amended Terms.
  • General
    • We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
    • Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.
    • If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.
    • These Terms (and our Privacy Policy) set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.