a. The internet website http://www.homecare.com.au and associated websites (collectively the Website) is operated by Homecare Direct Shopping Pty Limited trading as Homecare Direct Shopping ABN 78 063 154 174 of 431 Warringah Road, Frenchs Forest, New South Wales, 2086, Australia (“Homecare”).
b. Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”).Your use of some parts or features of the Website may be governed by additional terms and conditions. Where this is the case those additional terms and conditions: i. will apply to your use of such parts of the Website or features in addition to these terms and conditions; and ii. Will prevail over these terms and conditions to the extent of any inconsistency.
c. If you are a Distributor, you have agreed to be bound by Distributor Contract in addition to these Terms and Conditions. You should read and familiarise with Distributor contract before using this website.
d. Homecare reserves the right to amend the Terms and Conditions at any time. You should always check this page prior to use the Website to make sure that you have a current understanding of the Terms and Conditions. If you do not agree with these Terms, you must discontinue your use of this site.
e. Your use and/or continued access to the Website constitute an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Website. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
a. The content of this Website, including all information, data, text, graphics, images, software, advertisements and other material (“Material”), is and remains at all times, the property of Homecare and its licensors and is protected by Australian and international copyright law.
b. You may use this Material for your personal reference only and may download a single copy of the Material, keep a temporary copy in your computer’s cache and make a single hard copy. The Material may not otherwise be used, copied, reproduced, published, framed, stored in a retrieval system, altered, licensed or transmitted in any form or by any means, in whole or part, unless expressly provided for in the Website or expressly authorized in writing by Homecare.
c. All names, logos and trademarks are the property of Homecare or third parties. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Homecare or the relevant owner.
a. You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Homecare, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
i. disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website;
ii. restrict or inhibit any other user from using or enjoying the Website;
iii distribute or transmit any Material of any kind which contains a virus or other harmful component; iv. Violate any applicable law relating to your use of the Website.
b. The Material in this site is published by us and is intended for use in Australia. The site is not intended for use outside Australia. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this Web Site from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your jurisdiction.
c. By using this Website, you expressly agree that any information that you provide to us will be true, accurate, current and complete and that you will maintain and properly update your personal profile as required by Homecare.
a. You indemnify Homecare against any losses, liabilities, costs or other expenses incurred by Homecare in connection with or arising directly or indirectly as a result of, your use of or access to the Website or any breach or violation of the Terms and Conditions.
a. The Website may contain hyperlinks and other pointers to Internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Homecare and Homecare is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Homecare provides these links to you as a convenience only and the inclusion of any link does not imply an endorsement of the Linked site by Homecare. You link to a Linked Site entirely at your own risk. Homecare is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.
b. The Website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Homecare of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Homecare accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
a. All orders for products advertised on the Website are accepted by us on behalf of your local distributor who looks after your area. Any agreement to purchase products or services from the Website is between you and the distributor from which you order the products or services. Any purchases from, or dealings with, a distributor are at your own risk. Orders made by you for products on this Website or in our catalogues are not binding on Homecare.
a. The information, materials and services contained on this site are provided to you “as is,” and “as available”. By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. All tips and hints, suggestions and references to “remedies” should not be relied upon without reservations; you should not act on the basis of anything contained on this Web Site without first obtaining specific professional advise.
b. Homecare takes every reasonable steps to ensure that information is free from error, However as information for the Website may be compiled from a variety of sources, Homecare do not warrant or guarantee the accuracy, adequacy, correctness, reliability or completeness of the information and materials on the website, and expressly disclaim liability for any errors and/or omissions in this information and materials. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory.
c. Homecare will use its best efforts to ensure that the Website are functional and current, but does not warrant or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant that your use of the Website will be fully accessible at all times, uninterrupted or error-free.
a. Except as provided by these Terms and Conditions, Homecare shall not be liable for any loss or corruption (of data) or damage (to your computer equipment) whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access, the Website or any Material or any order of products, even if or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
b. To the fullest extent permitted by law Homecare’s liability for breach of any implied condition or warranty which cannot be excluded is limited, at the option of Homecare to the following:
1) In the case of services:
a) The supply of the services again; or
b) The payment of the cost of having services supplied again; and
2) In the case of goods:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of such goods;
c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired.
d. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then liability is limited to that extent.
a. Homecare may terminate this agreement and your access to the Website and Materials at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Materials and (at Homecare’s option) return any hard copies of the Material to Homecare or destroy any hard copies and any other electronic copies of the Material within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
a. By placing or sending any information or other material through to Homecare (including e-mail, posting messages, uploading files or any other form of communication), you grant to Homecare the worldwide, perpetual, royalty-free, irrevocable licence to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for Homecare to license others to do the same. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trade mark or patent laws under any jurisdiction worldwide.
a. If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved.
b. The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.