These terms and
conditions apply to the use of this web site, including the purchase of goods
over this web site. In using this web
site for these or any other purposes, you agree to be bound by these terms and
conditions.If you do not accept these
terms and conditions, you must not use this web site. These terms and conditions must be read in
conjunction with any other applicable terms and conditions governing the use of
this web site.
In these terms and conditions, the
expressions ‘we’, ‘us’ and ‘our’ are a reference to Diabete-ezy.
Amendments to Terms and Conditions
We reserve the right to amend these terms and
conditions from time to time.Amendments
will be effective immediately upon notification on this web site. Your continued use of the web site following
such notification will represent an agreement by you to be bound by the terms
and conditions as amended.
You may offer to purchase goods described on this web
site for the price specified on this web site.
Your order must contain your name, email address and
any other ordering information specified on this web site.
Payment details including credit card number will also
required to compete the purchase. These details will be collected when you are
redirected to the Paypal or secure Formnut website.Any
terms and conditions relating to the Paypal or secure Formnut websites are in addition to those
set out here.
Within 7 days of our receipt of confirmation of your
payment, we will at our discretion accept or reject your offer to purchase.
You may not cancel an order once it has been submitted,
even if our acceptance or rejection of your offer is still pending.
We are not required to give reasons for rejecting your
offer to purchase.
If we reject your offer to purchase the goods for any
reason, neither of us will be under any further liability to the other arising
out of your original offer or our non-acceptance of that offer:
If we have not responded to you within 7 days, your
offer will be deemed to be rejected.
We give no undertaking as to the availability of
products advertised on this web site.
Delivery of the goods to you will be effected
in the manner described on this web site.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods
passes to you upon dispatch.
Payment must be effected in the manner described on the
web site.Prices are inclusive of goods and services
tax.In all other respects, the price is
exclusive of taxes, duties and charges
imposed or levied in Australia or overseas in connection with the supply of
The goods are
offered for sale only to persons who can make legally binding contracts.
Cancellation due to Error
You acknowledge that despite our reasonable
precautions, products may be listed at an incorrect price or with incorrect
information due to a typographical error or like oversight. In these circumstances, we reserve the right
to cancel the transaction, notwithstanding that your order has been confirmed
and your credit card has been charged.
We reserve this right up until the time of delivery of goods to
you.If a cancellation of this nature
occurs after your credit card has been charged for the purchase, we will
immediately issue a credit to your credit card account for the amount in
We do not accept responsibility for any loss damage,
however caused (including through negligence), which you may directly or
indirectly suffer in connection with your use of this web site or any linked
web site, nor do we accept any responsibility for any such loss arising out of
your use of or reliance on information contained on or accessed through this
To the extent
permitted by law, any condition or warranty which would otherwise be implied
into these terms and conditions is hereby excluded. Where legislation implies any condition or
warranty, and that legislation prohibits us from excluding or modifying the
application of, or our liability under, any such condition or warranty, that
condition or warranty will be deemed included but our liability will be limited
for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
- the supplying of the services again; or
- the payment of thecost of having the services supplied again.
Except as otherwise stipulated in these terms and
conditions, we will not accept liability to you in respect of any loss or
damage (including indirect, special, or consequential loss or damage) which may
be suffered or incurred by you or which may arise directly or indirectly in
respect of goods or services supplied pursuant to an order placed on this web
site or in respect of any failure or omission on our part to comply with our
obligations as set out in these terms and conditions.
In the case of orders placed for Diabetes Information
Sheets (DIS), you warrant that the information provided to us is accurate. You further warrant that you have sought
advice from a qualified medical practitioner regarding the appropriateness of
the DIS to your individual situation and the accuracy of the information you have provided for
inclusion in it.We accept no
responsibility or liability of any kind for:
- any loss or damage (including sickness or death or injury); or
- any costs or expense arising out of sickness, injury or death to any person,
caused by or attributable to reliance on the information provided by you for inclusion in the DIS.
In providing the DIS to you, we are not providing
medical advice. Reliance on information contained in the DIS is
at your own risk.
Exception to Disclaimer
This disclaimer set out in these terms and conditions
does not attempt or purport to exclude liability arising under statute if, and
to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this web site is
not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the
process which you employ for accessing this web site does not expose you to the
risk of viruses, malicious computer code or other forms of interference which may damage your own computer
For the removal of doubt, we do not accept
responsibility for any interference or damage to your own computer system which
arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any
information contained on this web site is inaccurate, we do not warrant the
accuracy, adequacy or completeness of such information, nor do we undertake to
keep this web site updated.We do not
accept responsibility for loss suffered as a result of reliance by you upon the
accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements
appearing on this web site (including hyperlinks to advertisers’ own web sites)
rests solely with the advertisers.The
placement of such advertisements does not constitute a recommendation or
endorsement by us of the advertisers’ products and each advertiser is solely
responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over
this web site will meet your requirements.
Details contained on this web site relating to goods or
services have been prepared in accordance with Australian law and may not
satisfy the laws of any other country.
We do not warrant that the details on this web site concerning those
goods or services will satisfy the laws of any other country. It is your responsibility to determine
whether these details satisfy the laws of the jurisdiction where you reside (if
that jurisdiction is outside Australia)
and if the details do not satisfy the laws of your jurisdiction, you may not
order any goods or services from this web site.
that despite all reasonable precautions on our part, there is a risk of
unauthorised access to or alteration of your transmissions or data or of
information contained on your computer system or on this web site. We do not accept responsibility or liability
of any nature for any such losses which you may sustain as a result of such
Copyright in this web site (including text, graphics,
logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject
to the conditions prescribed under, the Copyright Act 1968 (Cth) and
similar legislation which applies in your location, and except as expressly
authorised by these terms and conditions, you may not in any form or by any
- adapt, reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this web site; or
- commercialise any
information; products or services obtained from any part of this web site,
without our written permission.
Except where otherwise specified, any word or device to
which is attached the TM or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our
activities, products or services, you must include a statement attributing that
trade mark to us.You must not use any
of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; and
- in a manner that disparages us or our information, products or services (including this web
In so far as you are required to provide information to us, you grant us
a licence to use that information as necessary to provide you with the goods
and/or services you have requested.You
also warrant that you are either the owner of any intellectual property (for
example of copyright in photos) or are authorised to supply the information to
us for use in the manner contemplated.
Unless we agree otherwise in writing, you are provided
with access to this web site only for your personal use. You are authorised to print a copy of any
information contained on this web site for your personal use, unless such
printing is expressly prohibited.
Without limiting the foregoing, you may not without our written
permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites
(‘linked web sites’).Those links are
provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy
practices associated with linked web sites.
Our links with linked web sites should not be construed
as an endorsement, approval or recommendation by us of the owners or operators
of those linked web sites, or of any information, graphics, materials, products
or services referred to or contained on those linked web sites, unless and to
the extent stipulated to the contrary.
We undertake to comply with the terms of our privacy
policy which is annexed to these terms and conditions.
How we handle emails
We will preserve the content of any email you send us
if we believe we have the legal requirement to do so. Your email message content may be monitored
by us for trouble-shooting or maintenance purposes or if any form of email
abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet
can be guaranteed as totally secure.
Whilst we strive to protect such
information, we do not warrant and cannot ensure the security of any information
which you transmit to us.Accordingly,
any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your
transmission, we will take reasonable steps to preserve the security of such
Termination of Access
Access to this web site may be terminated at any time
by us without notice.Our disclaimer
will nevertheless survive any such termination.
These terms and conditions are governed by the laws in
force in Queensland, Australia. You agree to submit to
the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with
these terms and conditions where such failure is due to circumstance beyond our
If we waive any rights available to us under these
terms and conditions on one occasion, this does not mean that those rights will
automatically be waived on any other occasion.
If any of these terms and conditions are
held to be invalid, unenforceable or illegal for any reason, the remaining
terms and conditions shall nevertheless continue in full force.
By proceeding to the payment screen, you acknowledge
We may collect web site visitors’ contact information
(like their email addresses).Unless you
object, this information may be used:
- to send
news, information about our activities and general promotional material which
we believe may be useful to you;
monitor who is accessing the web site or using services offered on the web
- to profile the type
of people accessing the web site.
If you do not wish to have your personal information
used in this manner or for any other specific purpose, you can email us
We utilise ‘cookies’ which enable us to monitor traffic
patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but
it does identify your computer.You can
set your browser to notify you when you receive a cookie and this will provide
you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal
information to a third party, or make any other use of your personal information,
for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal
information will not be used for any purpose which a reasonable person in your
position would not expect.
If you request
us not to use personal information in a particular manner or at all, we will
adopt all reasonable measures to observe your request but we may still use or
disclose that information if:
subsequently notify you of the intended use or disclosure and you do not object
to that use or disclosure;
believe that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for government or public security
in the performance of their functions; or
- we are required by
law to disclose the information.
We will preserve the content of any email you send us
if we believe we have the legal requirement to do so.
Your email message content may be monitored by us for
trouble-shooting or maintenance purposes or if any form of email abuse is
Personal information which we collect may be aggregated
for analysis but in such circumstances we would ensure that individuals would
All personal information which we collect (including
your contact details and, if relevant, credit card details) is kept
confidential to the best of our ability.
You will appreciate, however, that we cannot guarantee the security of
We consider it is the responsibility of parents to
monitor their children’s use of our web site.
Nevertheless it is our policy not to require personal information from
persons known to be under the age of 18 years or offer to send any promotional
material to persons in that category.
You are entitled to have access to any personal
information relating to you which you have previously supplied to us over this
web site.You are entitled to edit or
delete such information unless we are required by law to retain it.
make an inquiry regarding any personal information relating to you which may be
in our possession, contact us.