Terms and Conditions

WEBSITE USE/TRADING TERMS AND CONDITIONS

OVERVIEW

This website is operated by Approved First Aid & Safety. Throughout the site, the terms “we”, “us” or any first person pronouns refer to Approved First Aid & Safety. Approved First Aid & Safety offers this website, including all information, tools and services available from this site to you, the customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing goods from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current website shall also be subject to the Terms.

SECTION 1 – ONLINE STORE TERMS

1.1 By agreeing to these Terms, you represent that you are at least eighteen years of age and you have given us your consent to allow any of your minor dependents to use this site.

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3 You must not transmit any worms or viruses or any code of a destructive nature.

1.4 A breach or violation of any of the Terms will result in an immediate termination of your access.

SECTION 2 – GENERAL CONDITIONS

2.1 These Terms apply to the supply of Goods and services unless otherwise previously agreed in writing.

2.2 An order given by you to us is binding, if:
2.2.1 a written acceptance is signed for or on behalf of us; or
2.2.2 the Goods  or services are supplied by us in accordance with the order.

2.3 We reserve the right to accept a part only of any order by notifying you in writing or by delivering the goods to you or performing the service requested. No order is binding on us until accepted by us.

2.4 An order which has been accepted in whole or in part by us cannot be cancelled by you without obtaining our prior written approval, which we may refuse in our absolute discretion.
2.5 We reserve the right to refuse service to anyone for any reason at any time.

2.6 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, without express written permission by us.

2.8 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 We are not responsible if information made available on this site is not accurate, complete or current. 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. Any reliance on the material on this site is at your own risk.

3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE WEBSITE AND PRICES

4.1 Prices for our products are subject to change without notice.

4.2 We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time.

4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.

SECTION 5 – PRODUCTS OR SERVICES

5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

5.3 To the extent permitted by law, the description of the Goods is for the purpose of identification only and reliance on a description of the Goods does not constitute a sale by description.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

7.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

8.1 Certain content, products and services available via our website may include materials from third-parties.

8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.

9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

11.1 Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11.2 We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

13.2 We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.

13.3 You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.

13.4 You expressly agree that your use of, or inability to use, the website is at your sole risk.

13.5 To the extent permitted by law, no warranty is given by us as to the suitability of goods to your requirements and in purchasing the goods, you are deemed to acknowledge that you cannot rely on our skill and judgment, in this regards. You must examine the Goods prior to purchase.

13.6 To the extent permitted by law, all other warranties where implied or otherwise, not set out in these Terms are excluded and we are not liable to compensate you for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including, without limitation, negligence or breach of statutory duty), strict liability or otherwise, arising from your use of the website or any products procured using the website, or for any other claim related in any way to your use of the website, any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content, product or service posted, transmitted, or otherwise made available via the website, even if advised of their possibility.

SECTION 14 – DELIVERY
14.1 Delivery of the Goods will be made to an address nominated by you on the order. You must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
14.2 The times quoted for delivery are estimates only and we accept no liability for failure or delay in delivery of Goods. You are not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at our discretion.
14.3 Risk in accepting the Goods passes on delivery to you. Delivery is deemed to occur just prior to the Goods being unloaded from a carrier at the nominated address on the order.

14.4 All Additional Charges (including delivery) are payable by you in addition to the Purchase Price of the Goods.

14.5 Any claims for short delivery of goods must be lodged in writing within 7 days of the
delivery date.
14.6 We retain ownership of the goods until payment in full for the goods has been made. If payment is not made before the due date or you state your intention not to do so, we or our agents may without notice enter your premises or any premises under your control for the purpose of recovering the goods.

14.7 If the Goods cannot be distinguished from similar Goods which you have or claims to have paid for in full, we may in our absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that our respective claims may be ascertained. We must promptly return to the Customer any goods that are your property. We will be in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
SECTION 15 – RETURN AND REFUND POLICY

15.1 We are not required to provide a refund or replacement if you change your mind about your purchase. But at our discretion we may provide a refund if you request such in writing. Any Goods returned will be subject to a restocking charge of 20% of the Purchase Price of those Goods, must be free of damage and of acceptable quality and condition and you must pre-pay all freight charges to us. Custom Goods will not be returnable.

15.2 But you can choose a refund or exchange if an item has a major problem. This is when the item: 15.2.1 has a problem that would have stopped someone from buying the item if they had known about it

15.2.2 is unsafe

15.2.3 is significantly different from the sample or description

15.2.4 doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

15.3 Alternatively, you can choose to keep the item and we will compensate you for any drop in value.

15.4 If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Approved First Aid & Safety and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

18.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).

SECTION 19 – ENTIRE AGREEMENT

19.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.2 These Terms and any policies or operating rules posted by us on this site or in respect to The website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

19.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 21 – CHANGES TO TERMS AND CONDITIONS

21.1 You can review the most current version of the Terms at any time at this page.

21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the terms and conditions should be sent to us at admin@approvedfirstaid.com.au.