Terms & Conditions
These Terms and Conditions govern Your use of the DFA Website, including the placing of an Order and the purchasing of an Item. By using the DFA Website, You agree to be bound by these Terms and Conditions without limitation. If You do not accept these Terms and Conditions, You must cease using the DFA Website.
In these Terms and Conditions, unless a contrary intention appears:
“Business Day” means a day that is not a Saturday, Sunday or public holiday in Queensland;
“Contract of Sale” means a contract between You and DFA for the sale of an Item;
“Delivery Address” means the address to which the Items are to be delivered as stated in each Order;
“Delivery Agent” means any third party delivery or shipping company nominated by DFA;
“Delivery Fee” means the fee charged for the delivery of each Order as set out in the section of Our Website titled “Shipping”;
“Delivery Timeframes” means the timeframe for the delivery of each Order as set out in the section of Our Website titled “Delivery Information”;
“eWAY” refers to Web Active Corporation Pty Ltd ACN 086 209 403;
“GST” means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Intellectual Property Rights” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
“Item” or “Items” means any goods listed for sale on the DFA Website;
“Listed Sale Price” means the price at which an Item is listed for sale in a Listing which may be discounted, from time to time, at Our discretion;
“Listing” means a listing on the DFA Website through which DFA offer to sell an Item to You;
“Order” means an offer by You to DFA to purchase an Item at the Listed Sale Price;
“Party” means DFA and / or You as the context requires;
“Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by DFA for the purposes of the Agreement;
“Terms and Conditions” means these terms and conditions of use of the DFA Website;
“You” and “Your” are a reference to you;
“DFA” means Diabetic Foot Australia (DFA). DFA is an organisation of the Wound Management Innovation Co-operative Research Centre (WMI CRC). WMI CRC operates through a special purpose company – Wound Management Pty Ltd (WMPL).
“DFA Website” means the internet site owned by DFA and operating under the URL www.diabeticfootaustralia.org
You represent and warrant that You are at least 18 years of age, and that You have the legal capacity to access the DFA Website and to enter into legally binding contracts under applicable law.
3. PLACING AN ORDER
3.1 Listings on the DFA Website are merely an invitation to treat and do not represent an offer capable of acceptance.
3.2. You can place an Order by submitting the online order form available on the DFA Website.
3.3 You agree to provide in each Order complete and accurate information as to Your personal details (or those of Your nominated recipient for an Item) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfill delivery of Your Order. DFA will not be liable to You for Your loss or that of any third party for a delay in processing or failure to process an Order or delay in delivery of an Item to You (or Your nominated recipient) to the extent to which that delay or failure is directly or indirectly due to inaccurate or incomplete personal details provided to You with respect to an Order.
3.4. An Order submitted by You on the DFA Website is an offer by You to purchase an Item for the Listed Sale Price (plus any Delivery Fee if applicable).
3.5. After placing an Order, You will receive an email from eWAY confirming Your Order details. This does not mean that Your Order has been accepted.
3.6. You agree to obtain the consent, from any nominated recipient of an Item, to the provision to DFA of personal details of Your nominated recipients of Items.
3.7. Once You submit an Order, cancellation of Your Order or changes to any Item specified in Your Order cannot be made (unless changes to the Order are made by agreement with DFA). However, DFA will allow You to return an Item in accordance with the returns policy set out in clause 7.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1. DFA reserves the right to accept or reject Your Order for any reason at any time.
4.2. If DFA is willing and able to supply to You Items specified in Your Order, DFA will email You to confirm acceptance of the Order (“Order Confirmation”).
4.3. A Contract of Sale will be formed when DFA provides You with the Order Confirmation. Your Order will be assigned an order number and DFA will inform You of it in the Order Confirmation. Please quote the relevant order number in any subsequent correspondence with DFA relating to an Order.
4.4. The Contract of Sale will relate only to those Items referred to by DFA in the Order Confirmation.
4.5. If You place more than one Order, You will, unless otherwise advised by DFA, receive from DFA a separate Order Confirmation and receipts with respect to each Order.
4.6. A Tax Receipt is automatically generated once Your Order is submitted and will contain the GST component of your order for tax purposes.
4.7. If DFA is unable to complete an Order, the Order will lapse and a full refund of the Listed Sale Price (if payment has been made) will be made to You. You acknowledge that a refund of the Listed Sale Price for an Item is the only recourse in the event that Your Order is not accepted. All other liability is excluded.
5.1. DFA uses Delivery Agents to deliver Your Items. You agree to Your details including Your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering Your Items.
5.2. Where applicable, a tracking number will be provided to You once DFA has shipped the Order.
5.3. You agree to pay the applicable Delivery Fee for each Order.
5.4. DFA reserves its right to increase the Delivery Fee if:
• the quantity of Items in Your Order is large and/or of excessive weight (determined at DFA’s discretion);
• DFA is required to package items separately;
• Your Order is subject to customs fees, import duties and / or taxes of the country to which You have Your Order shipped;
• delivery to You of Your Items otherwise causes DFA to incur costs or expenses additional to the usual costs involved in delivery of an Item.
5.5. DFA aims to achieve the delivery time frames set out below:
• Australia wide: 1-5 Business Days;
• New Zealand: 5-10 Business Days; and
• International (other than New Zealand): Please contact us directly for a quote as International Postage times may vary significantly.
5.6. From time to time, DFA may not be able to achieve the delivery time frames specified in clause 5.7. You acknowledge and agree that notwithstanding anything else in these Terms and Conditions:
• DFA cannot guarantee that delivery will occur in the delivery time frames specified in clause 5.5;
• delivery time frames may change from time to time due to unforeseen circumstances;
• DFA is not liable for any loss, damage, cost, expense or injury You suffer or any third party suffers as a result of a change in delivery times or a delay in delivery; and
• DFA does not guarantee the success of international delivery nor does it warrant that it will be able to deliver Items to every international destination.
5.8. If You are not personally available to accept delivery, You may appoint a representative to do so in Your place. The representative must be over 16 years of age and capable of receiving delivery on Your behalf, and You agree that DFA is entitled to rely on the representative’s instructions as if they were Your own.
5.9. You or Your nominated representative may be required to sign a delivery manifest to confirm that delivery has taken place. If You or Your nominated representative refuse to sign the delivery document, this will be taken as refusal to accept delivery.
5.10. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for You to collect the Item from a local post office. It is Your responsibility to follow the instructions stated on the calling card.
5.11. Where redelivery is required for any reason, You may be required to pay any associated fees for redelivery.
5.12. It is Your responsibility to ensure that each delivery address specified in an Order is correct. DFA has no responsibility with respect to Items delivered to an incorrect address as a result of incorrect information provided by You.
5.13. Risk and title in each Item passes to You on the date and at the time of delivery of the Item to the Delivery Agent for delivery to You.
6. PRICE AND PAYMENT
6.1. All Listings and Listed Sale Prices are quoted in Australian dollars and are inclusive of GST.
6.2. The price applicable to an Item ordered by You shall, except in the case of an obvious error, be the Listed Sale Price on the DFA Website at the time You submit Your Order for the relevant Item.
6.3. The Listed Sale Price of Items is subject to change without notice but changes will not affect Orders in respect of which You have received an Order Confirmation from DFA.
6.4. The Listed Sale Price shall be processed using a third party payment gateway service run by eWAY. eWAY’s terms and conditions can be viewed on its website at www.eway.com.au/company/legal
6.5. It is Your responsibility to:
• ensure there is sufficient clear credit available in Your nominated credit / debit card account to meet the Listed Sale Price at the time of placing the Order; and
• check the amounts debited in the Your account statement provided by Your credit / debit card issuer, since if there is insufficient credit in the Your nominated account or You gave DFA incorrect account details, You may be charged a fee by Your credit / debit card issuer due to the failed or incorrect payment.
6.6. All Items supplied by DFA to you, and any proceeds arising therefrom, shall remain DFA’s sole and absolute property as legal and equitable owner until the Listed Sale Price and the Delivery Fee for the Items supplied is received by DFA.
7. RETURNS, EXCHANGES AND REFUNDS
7.1. Subject to clause 7.3, DFA will provide You with a choice of either a refund or an exchange where an Item:
• a has been incorrectly described in a Listing;
• fails to be of an acceptable quality;
• is defective or damaged; or
• is different to the Item You ordered.
7.2. DFA do not offer refunds or exchanges for “change of mind”.
7.3. DFA will attempt to ensure that Items containing fragile goods, are appropriately packaged for delivery. Notwithstanding this, DFA cannot guarantee that the goods will be free from blemishes that may occur in transit.
7.4. To obtain an exchange or refund, You must contact DFA by email at firstname.lastname@example.org. You must provide DFA with the following details:
• Your Order number;
• description of the Item; and
• the reason(s) for return of the Item.
7.5. Items should be returned by post or courier to the following address:
Diabetic Foot Australia
C/o Wound Management Innovation CRC
PO BOX 2375
Toowong DC QLD 4066
7.6. You assume the risk of, and shall be responsible for, any loss of or damage to any Item during transit. For this reason, DFA recommend that You take out shipment/postage insurance.
7.7. Refunds will be credited to a Card of Your nomination. Alternatively, You may request a refund in the form of a credit note.
7.8. Notwithstanding clause 7.1, no refund or exchange will be given, nor will DFA be responsible for the quality or fitness of an Item, once the Item has been on-sold or gifted by You.
8. USE OF THE DFA WEBSITE AND LIMITATION OF LIABILITY
8.1. You alone (not DFA) are responsible for ensuring that placement of an Order and any other activities conducted by You on the DFA Website are lawful. You must also ensure that You strictly comply with these Terms and Conditions.
8.2. When accessing and using the DFA Website, You must:
• not attempt to undermine the security or integrity of DFA’s computing systems or networks or, where the DFA Website is hosted by a third party, that third party’s computing systems or networks;
• not use, or misuse, the DFA Website in any way which may impair the functionality of the DFA Website or impair the ability of any other user to use the DFA Website;
• not attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the DFA Website is hosted;
• not transmit, or input into the DFA Website, any:
o files that may damage any other person’s computing device or software;
o content that may be offensive; or
o material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
• not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the DFA Website.
8.3. You acknowledge and agree that:
• all pictures and images of Items displayed on the DFA Website are for illustration purposes only, and the sizes and dimensions of the actual Items may be different;
• You have read any corresponding written description of the Items prior to submitting Your Order;
• the colour of the actual Item may vary in shade, tone or density from the colour as depicted on the DFA Website;
• where dimensions or other measurements are provided in the description of an Item, it is Your responsibility to ensure that the actual size of each Item is suitable for Your purpose prior to submitting Your Order (including whether the Item will be capable of delivery to Your Delivery Address due to sufficient, appropriate and safe access); and
• any accessory featured with the Item is for illustration purpose only, and may be sold separately.
9. INTELLECTUAL PROPERTY
9.1. Title to, and all Intellectual Property Rights with respect to, the DFA Website and any associated documentation are the property of DFA and may not be used or reproduced in full or in part without DFA’s prior written notice.
9.2. You may not, unless expressly permitted by the Agreement, use the DFA Website, or the material contained in it (“the Material”), for any purpose. This includes:
• the reproduction of the Material in any material form;
• the distribution of the Material in any material form
• re-transmission of the Material by any medium of communication;
• uploading and / or reposting the Material to any other site on the Internet; or
• “framing” the Material with other material on any other Internet site.
9.3. You may not modify, copy or otherwise commercialize:
• the layout of the DFA Website; or
• any computer software or code contained in the DFA Website.
10.1. To the maximum extent permitted by law, DFA excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the DFA Website.
10.2. If You suffer loss or damage as a result of DFA’s negligence, breach of contract or other act or omission that cannot at law be avoided pursuant to clause 11.1, any claim by You against DFA arising will be limited in respect of any one incident, or series of connected incidents, to an amount equal to the value of the relevant Items purchased by You.
11.You agree to release, indemnify and keep DFA indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by DFA arising out of or in connection with Your:
• failure to comply with the Agreement;
• failure to complete a transaction;
• use of the DFA Website;
• purchase of an Item; and
• infringement of the intellectual property, privacy or confidentiality rights of a service provider or any third party.
11.2. DFA cannot guarantee uninterrupted, timely, secure or error free access to the DFA Website, and its operation may be interfered with by numerous factors outside of DFA’s control.
12. LINKS TO OTHER WEBSITES OR SERVICES
The DFA Website may include links to other websites maintained by third parties which are not under the control of DFA (“Linked Sites”). DFA makes available Linked Sites to You solely as a convenience, and the inclusion on the DFA Website of links to Linked Sites does not imply endorsement by DFA of the Linked Sites. Linked Sites are not under the control of DFA and DFA is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the DFA Website.
You warrant that where You have placed an Order on behalf of another person or entity, You have the authority to agree to these Terms and Conditions on behalf of that person or entity and agree that by placing an Order You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms and Conditions, without limiting Your own personal obligations under these Terms and Conditions.
14. CONSUMER GUARANTEES
To the maximum extent permitted by law, any statutory consumer guarantee or statutory provision intended to protect non-business consumers in any jurisdiction does not apply to the Agreement.
16. RESTRICTION OF USE
16.1. Without limiting other remedies available to DFA at law, in equity or under the Agreement, DFA may, without notice to You and at DFA’s sole discretion, issue You a warning, restricting Your activities through the DFA Website or temporarily prohibit or indefinitely prohibit Your use of the DFA Website where:
• You have, or DFA believes that You have, breached the Agreement, which includes any of DFA’s policies, in any way;
• DFA is unable to verify or authenticate any information You provide to DFA; or
• DFA believes that Your actions may cause loss or damage to or otherwise unlawfully harm You, third parties or DFA, DFA’s related bodies corporate or affiliates, directors, employees or agents.
16.2. For security, confidentiality and privacy reasons, DFA is not obliged to provide You with the details of any investigation that DFA may conduct or any action which DFA may take, in relation to Your use of the DFA Website.
17. HELP AND ASSISTANCE
17.1. If you require technical help with the DFA Website, please check the support provided by DFA on the DFA Website or failing that email us at email@example.com
17.2. Whilst DFA intends that the DFA Website should be available 24 hours a day, seven days a week, it is possible that on occasions the DFA Website may become unavailable in order to permit maintenance or other development activity to take place. If for any reason DFA has to interrupt the DFA Website for longer periods than DFA would normally expect, DFA will use reasonable endeavours to publish in advance details of such interruption on the DFA Website.
17.3.Please contact DFA at firstname.lastname@example.org if You suspect any abuse or misuse of the DFA Website so that DFA is able to notify the relevant authorities.
18. ENTIRE AGREEMENT
The Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and DFA relating to the DFA Website and any other matter dealt with in the Agreement.
The failure to exercise or delay in exercising any power or right by a Party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the Party to be bound by the waiver.
20. ALTERATION OF TERMS AND CONDITIONS
DFA reserves the right to change these Terms and Conditions by publishing them on the DFA Website:
• without giving You notice; and
• without giving You any explanation or justification for such change.
21. GOVERNING LAW AND JURISDICTION
The Agreement is governed by the laws of Queensland, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of the Agreement.
If any part of the Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.
23.1. You acknowledge and agree that any notice given under the Agreement by either Party to the other must be in writing by email and will be deemed to have been given on transmission.
23.2. Notices to DFA must be sent to email@example.com or to any other email address notified by email to You by DFA. Notices to You will be sent to the email address which You provided when placing an Order