Terms of Service
Effective Date: 1/6/2023
Please read these Terms of Service ("Terms") carefully before using OrthoRug.com.au ("the Website"), operated by OrthoRug.com.au ("us," "we," or "our"). These Terms govern your access to and use of the Website, including any purchases made through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.
- Use of the Website
1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Website. By using the Website, you represent and warrant that you meet these eligibility requirements.
1.2 Account Registration: In order to make purchases or access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security.
1.3 Prohibited Conduct: You agree not to:
(a) Use the Website in violation of any applicable laws, regulations, or these Terms; (b) Interfere with or disrupt the operation of the Website or the servers or networks connected to the Website; (c) Engage in any fraudulent, misleading, or deceptive activities; (d) Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; (e) Collect or store personal information about other users without their consent; (f) Upload, post, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; (g) Use any automated means, including bots, scrapers, or spiders, to access or interact with the Website; (h) Attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website.
- Products and Orders
2.1 Product Descriptions: We strive to provide accurate and up-to-date information about our products. However, we do not warrant that the product descriptions, images, pricing, or other content on the Website are error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
2.2 Order Acceptance: All orders placed through the Website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspicion of fraudulent activity. In the event of order cancellation, we will notify you and refund any payment already made.
2.3 Pricing and Payments: All prices displayed on the Website are in Australian Dollars (AUD) and are exclusive of applicable taxes, shipping fees, and other charges. Payment for orders can be made using the available payment methods specified on the Website. By providing your payment information, you represent and warrant that you have the necessary authorization to use the selected payment method.
2.4 Shipping and Delivery: We will make reasonable efforts to process and ship your order within the estimated timeframes provided. However, we do not guarantee delivery dates and are not responsible for any delays or errors caused by shipping carriers or other factors beyond our control. Shipping costs and delivery options will be displayed during the checkout process.
2.5 Returns and Refunds: Our return and refund policy is outlined separately on the Website. Please refer to the designated section for information on returns, exchanges, and refunds. By making a purchase through the Website, you agree to abide by our return and refund policy.
- Intellectual Property
3.1 Ownership: The Website and its contents, including but not limited to text, graphics, images, logos, icons, audio clips, videos, and software, are the property of OrthoRug.com.au or its licensors and are protected by applicable intellectual property laws.
3.2 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. You may not modify, distribute, reproduce, transmit, publicly display, or create derivative works of any portion of the Website without our prior written consent.
- Privacy
Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Website, you consent to the collection and processing of your personal information as described in the Privacy Policy.
- Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. You use the Website at your own risk.
- Limitation of Liability
To the fullest extent permitted by law, OrthoRug.com.au and its directors, officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Website or the purchase of any products through the Website. This limitation of liability applies regardless of the legal theory under which such damages are sought, even if OrthoRug.com.au has been advised of the possibility of such damages.
- Indemnification
You agree to indemnify, defend, and hold harmless OrthoRug.com.au and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website, violation of these Terms, or infringement of any rights of third parties.
- Termination
We reserve the right to suspend or terminate your access to the Website at any time, without prior notice or liability, for any reason, including but not limited to your violation of these Terms or any applicable laws or regulations.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or in connection with these Terms or your use of the Website shall be submitted to the exclusive jurisdiction of the courts of Australia.
- Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement
These Terms constitute the entire agreement between you and OrthoRug.com.au regarding the use of the Website, superseding any prior agreements or understandings, whether written or oral.
- Contact Us
If you have any questions or concerns about these Terms or your use of the Website, please contact us at:
OrthoRug.com.au
Address: 1/242 Grange Road, Flinders Park, 5025 South Australia, Australia
Email: contact@orthorug.com.au
Phone: 1300 599 750
Last updated: 3/6/2023