Terms and Conditions
Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Please read them carefully. Pain and Fatigue Management reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Pain and Fatigue Management or its associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Pain and Fatigue Management, be limited to:
In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. No information obtained on this website is to be taken as professional medical advice and no doctor patient relationship is deemed to have formed as a result of your interaction with this website.
Copyright
Copyright in the Pain and Fatigue Management website is property of Pain and Fatigue Management. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Pain and Fatigue Management and third parties. This property may only be used for the purposes of browsing the Pain and Fatigue Management website and acquiring goods and services of Pain and Fatigue Management.
Applicable Law
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from Pain and Fatigue Management we may require you to provide your name, address, email address, credit card number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Pain and Fatigue Management with current, complete and accurate customer information when asked to do so by the website or an employee of Pain and Fatigue Management.
Product Information
Prices of goods and services and delivery and other charges displayed on the Pain and Fatigue Management website are current at the time of display.
We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description. Pricing and stock availability is subject to change anytime without notice.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Pain and Fatigue Management is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Pain and Fatigue Management not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We will provide you with an estimated date for delivery of all parcels and while we make every effort to deliver by this time, all dates specified are estimates only. Unfortunately, we are unable give a guaranteed time of delivery.
It is the responsibility of the customer to inform Pain and Fatigue Management if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may not return an item that has been purchased from Pain and Fatigue Management. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Pain and Fatigue Management or its Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Pain and Fatigue Management harmless from and against any and all claims, loss or expense that may be incurred by Pain and Fatigue Management or its Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Pain and Fatigue Management and its Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.