Terms and Conditions
1.1 Operation And Web Site Use
- The Web Site is owned and operated by Patient Handling Australia Pty Ltd (PHA) under the domain name ‘www.patienthandling.com.au’.
- These terms and conditions govern Your use of the Web Site. By accessing any of the Web Site You agree to observe these terms and conditions.
- While PHA has made every effort to ensure that information is free from error, PHA cannot accept any responsibility for any errors or omissions in the information on the Web Site.
- PHA does not guarantee that the Web Site or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites will be uninterrupted.
1.2 Variation In Terms And Conditions
- These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date.
- PHA may at any time vary the terms and conditions by publishing the varied terms and conditions on the Web Site.
- You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions
1.3 Patient Handling Products
Material on the Web Site may contain general information about PHA products. Unless expressly stated otherwise, this information.
- Does not constitute an offer or inducement to enter into a legally binding contract; and,
- Does not form part of the terms and conditions for sale of PHA products.
1.4 Copyright And Trade Marks
The Web Site and all material provided on the Web Site is owned or licensed by PHA.
- Except where necessary for viewing the material on this Web Site on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be reproduced, adapted, uploaded to a Third Party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of PHA.
- Other product and company names mentioned on the Web Site may be the trade marks of other people or entities.
- If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact PHA and the matter will be investigated.
1.5 Third Party Websites
The Web Site may contain links to Third Party Websites. PHA does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites.
- Subject to any applicable law, which cannot be excluded, PHA makes no warranties or representations:
- Regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Sites; or
- That material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. PHA is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites.
- When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is Third Party material for the purpose of these terms and conditions.
1.6 Return/Refunds Policy
- Should you wish to return a product you must email or phone us and send the item back to us within 14 days from the date your order was shipped. Custom made orders are non-refundable. Once the returned item has been received in good order you will be refunded the purchase price less the postage, a 20% administration/restock fee may also be applied.
- Should you wish to return a product you must email or phone us and send the item back to us within 14 days from the date your order was shipped. Once the returned item has been received you will be refunded the purchase price less the postage. The goods must be unused, undamaged and in perfect condition with all original packaging. A restocking fee of 20% of the item price may also be applied. You are required to source your own delivery of the product back to us. We recommend you use a service which provides you with proof of delivery. Once the item is returned you will be refunded within 7 working days less the original freight cost and any restocking fees.
- Patient Handling has the right to decline an online order at its discretion. In this instance, the customer will be contacted and a full refund will immediately be processed.
1.9 Links To The Web Site
- Please contact PHA if you would like to link to the Web Site.
- Subject to clause 1.8, You hereby agree to indemnify and hold PHA free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.
1.11 Limitation Of Liability
- Subject to any responsibilities implied by law and which cannot be excluded, PHA is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site or Your use of Third Party Web Sites linked to the Web Site, whether in contract, tort including negligence, statute or otherwise.
- Liability of PHA for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at PHA’S option, to:
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
- the supply of the information, goods or services again.
All other implied conditions, warranties or rights howsoever arising, are excluded. In particular, PHA does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.
- These terms and conditions are to be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
- Recognising the global nature of the Internet, You irrevocably submit to the jurisdiction of the courts of the State of New South Wales, Australia.
- These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by PHA without notice.
- All licences granted by You and all disclaimers and limitations of liability by PHA in these terms and conditions will survive termination, however, You will no longer be authorised to access the Web Site.