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HOMECARE DIRECT SHOPPING WEBSITE TERMS
AND CONDITIONS
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE
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1. Website and Terms and Conditions
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a.
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The website http://www.homecare.com.au/
(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”).
The website http://www.homecaredirect.co.nz/
(Website) is operated by Homecare Direct Shopping Ltd trading as
Homecare Direct Shopping IRD 66-660-019 of PO Box 18101, Glen Innes, Auckland
New Zealand (“Homecare”).
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b.
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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.
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c.
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Homecare reserves the right to amend the Terms and Conditions at
any time. You should visit this page periodically to review the Terms and
Conditions.
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d.
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Your use and/or continued access to the Website constitutes 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.
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2. Intellectual Property Rights
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a.
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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.
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b.
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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.
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c.
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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.
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3. Your Use of the Website
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a.
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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:
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i.
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disrupt or interfere with the Website or any servers,software,
hardware or equipment connected to or via theWebsite;
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ii.
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restrict or inhibit any other user from using or
enjoying the Website;
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iii
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distribute or transmit any Material of any kind which
contains a virus or other harmful component;
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iv.
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Violate any Applicable Law relating to your use
of the Website.
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b.
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In these Terms and Conditions, Applicable Law in relation to any
person, action or thing means the following in relation to that person,
action or thing:
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i.
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any law, rule or regulation of any country (or political
sub-division of a country);
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ii.
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any obligation under any licence in any country (or
political sub-division of a country);
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iii.
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any lawful and binding determination, decision or
direction of a regulator in any country (or political sub-division of a
country).
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a.
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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.
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5. Links and Advertisements
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a.
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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.
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b.
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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.
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a.
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During your use of the Website, we may issue to, and request
from, your computer blocks of data known as “cookies”. By using this Website
you authorise us to issue such cookies to your computer. You must not alter
any cookies sent to your computer from the Website and you must ensure that
your computer sends correct and accurate cookies in response to any relevant
request from the Website.
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7. Purchasing on this Website
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a.
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All
orders for products advertised on the Website are accepted by us acting as
agent for a distributor of those products in 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. Any purchases
made from a distributor are subject to the distributor’s terms and
conditions. Orders made by you for products on this Website or in our
catalogues are not binding on Homecare.
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a.
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The
Trade Practices Act 1974 (Cth) and all corresponding state and
territory legislation imply terms, conditions and warranties into some
contracts for the supply of goods and services and prohibit the exclusion,
restriction and modification of such terms (“Prescribed Terms”). Except
as provided by the Prescribed Terms:
1)
this Website and all Material are provided on an “as is” basis without any
warranties of any kind;
2)
all implied warranties of any kind, including but not limited to implied
warranties of merchantability and fitness for a particular purpose are
expressly disclaimed;
3)
Homecare, its directors, employees and distributors, do not warrant that your
access to the Website will be uninterrupted or that the Website will operate
error free, that any defects will be corrected or that this Website and its
servers are free of computer viruses and other harmful data, code, components
or other material;
4)
Homecare, its directors, employees and distributors, do not warrant that they
will be able to prevent any illegal, harmful or inappropriate use,
modification or alteration of the Website, or that they will give notice of
such use, modification or alteration;
5)
Homecare, its directors, employees and distributors, do not warrant or make
any representations about the correctness, accuracy, timeliness,
completeness, reliability, quality or otherwise of the Material. 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; and
6)
If your use of the Website or the Material results in the need for servicing
or replacing equipment or data, Homecare, its directors, employees and distributors
are not responsible for those costs.
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b.
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If a jurisdiction does not allow the exclusion of implied
warranties in accordance with paragraph (a) but allows limitations of a
certain maximum extent then we limit our warranties to that extent.
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9. Limitation of Liability
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a.
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Except as provided by the Prescribed Terms or expressly in these
Terms and Conditions, Homecare, its directors, employees, suppliers, and distributors shall
not be liable for any loss or damage 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.
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b.
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To
the fullest extent permitted by law Homecare’s liability, and that of any of
the parties mentioned in subclause 10(a), under any Prescribed Terms 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.
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c.
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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.
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a.
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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.
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a.
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The
Website has a Privacy Policy that applies to all users and is incorporated
into these Terms and Conditions by reference. You should read the Privacy Policy
before using the Website.
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a. Certain taxes and government
charges may be payable in relation to the use of the Website. Homecare has no
responsibility for such taxes or other government charges on transactions or in
any way connected with the Website.
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a.
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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.
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b.
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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.
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