TERMS & CONDITIONS.
1.1. “Intellectual Property” any material displayed including without limitation all editorial materials, blogs, plans, documents, resources, information, photographs, illustrations, artwork, other graphic materials, names, logos, and trademarks.
1.2. “PROCOSMEDIQ” shall mean PRO COSMEDIQ (ABN 91 180 805 971), its Related Entities, its successors and assigns or any person acting on behalf of and with the authority of PRO COSMEDIQ (ABN 91 180 805 971) or its Related Entities.
1.3. “Related Entities” has the same meaning as set out in section 9 of the Corporations Act 2001 (Cth).
1.4. “Services” shall mean any and all goods and/or services supplied by PROCOSMEDIQ to you from time to time and includes any advice or recommendations, and as may be described on any invoice, quotation, client consent form, or any other order forms as provided by PROCOSMEDIQ to you.
2. Content and Access
2.1. PROCOSMEDIQ endeavours to take reasonable care in preparing and maintaining the information on this website.
2.2. PROCOSMEDIQ does not warrant the accuracy, reliability, adequacy, or completeness of any of the website content.
2.3. You acknowledge and accept that:
a) the website content may include technical inaccuracies and typographical errors (including, but not limited to, matters concerning product descriptions, images, and product title).
b) The website may include content of medical procedures and results which contain an element of nudity.
c) PROCOSMEDIQ does not guarantee that access to the PROCOSMEDIQ website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the website or any data on such a computer.
d) it is your responsibility to enquire with PROCOSMEDIQ directly to ensure the accuracy and currency of the material or information you seek to rely upon.
e) The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
f) If you enter into an agreement with PROCOSMEDIQ for the provision of Services, that agreement is governed by PROCOSMEDIQ’s relevant terms and conditions as applicable from time to time.
g) Access and use of the website are limited, non-transferable and allows for the sole use of the website by you for the purposes of accessing PROCOSMEDIQ’s Services;
h) You will not use the website for any illegal and/or unauthorised use which includes collecting email addresses of any other customer or user by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website;
2.4. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), PROCOSMEDIQ disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
2.5. You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this website or any material or content displayed on the PROCOSMEDIQ website.
3. Pre-Appointment and Cancellation
3.1. You warrant that any information you give to PROCOSMEDIQ in the course of making or attending an appointment for the provision of Services will always be accurate, correct, and up to date.
3.2. Prior to attending any appointment, you acknowledge that you are responsibly for reading and adhering to PROCOSMEDIQ’s Pre-Appointment terms.
3.3. You acknowledge and agree that on making an appoint with PROCOSMEDIQ for the provision of Services, you will pay a non-refundable deposit which represents PROCOSMEDIQ’s reasonable costs and time for the appointment.
4. Intellectual Property
4.1. All Intellectual Property is and at all times remains the property of PROCOSMEDIQ.
4.2. All Intellectual Property is protected by copyright, trademarks, and intellectual property legislation.
4.3. Any such content may be displayed and printed solely for your personal, non-commercial use provided that any copyright notice on such a display or page is not removed.
4.4. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material to any third party without the express prior written consent of PROCOSMEDIQ.
4.5. Unless expressly granted, PROCOSMEDIQ does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Intellectual Property or in the user interface of the website.
5. Privacy Act 1988 (Cth)
5.2. Any information PROCOSMEDIQ collects in relation to you, is kept strictly secured. PROCOSMEDIQ does not pass on/sell/swap any of your personal details with anyone unless authorised or required to deliver Goods. PROCOSMEDIQ use this information to identify your orders or enquiries, provide you with a newsletter (if applicable) and to personalise your experience with PROCOSMEDIQ.
6. Confidentiality and Non-Disclosure
6.1. Subject to Clause 5, any material you send to us on or via the PROCOSMEDIQ website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas, or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
7.1. Use of PROCOSMEDIQ‘s website and any Services is at your own risk.
7.2. Content on the PROCOSMEDIQ Website is provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PROCOSMEDIQ make any express or implied representation or warranty about its content or the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability, or currency of any information on PROCOSMEDIQ‘s website or the Services (including third party material and advertisements on the website);
c) costs incurred as a result of you using the PROCOSMEDIQ website or the Services;
d) the content or operation in respect to links which are provided for your convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the PROCOSMEDIQ website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, PROCOSMEDIQ excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the PROCOSMEDIQ website except to the extent that the loss or damage is directly caused by PROCOSMEDIQ’s fraud or wilful misconduct.
a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
9.1. If any provision of these Terms and Conditions shall be invalid, void, illegal, or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not affect, prejudiced or impaired.
9.2. These Terms of Conditions, and all Services supplied by PROCOSMEDIQ, are subject to the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
9.3. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
9.4. PROCOSMEDIQ takes no responsibility for changes in the laws which affect these Terms and Conditions or any Services supplied.