Terms and Conditions
These Terms and Conditions of Use apply to the Ariya Health website located at www.ariyahealth.com.au (the "Site"). The Site is the property of Ariya Health Pty Ltd. By using the Site, you agree to be bound by these Terms and Conditions of Use.
"Company" means Ariya Health Pty Ltd A.B.N 49 164 519 528 its successors and assigns or any person acting on behalf of and with its authority.
"Customer" means the person and/or entity as described in the table on the front page of these Terms of Trade.
"Goods" means the goods described in the table under the heading 'Goods' on the front page of these Terms of Trade.
"Price" means the total price (including GST) for the Goods as specified in the table under the heading 'Goods' on the front page of these
Terms of Trade
General: The Customer agrees to be bound by these Terms of Trade.
Delivery/Collection of Goods: The Customer acknowledges and agrees that:-
- the Goods will not be delivered to the Customer by the Company and/or may not be collected by the Customer at the usual place of business of the Company until such time as the Company receives full payment of the Price in accordance with these Terms of Trade; and
- the company shall not be liable for the delay in delivery of the Goods or delivery of part(s) of the Goods due to any cause whatsoever. In no event shall the Company be responsible for any loss of profits, penalties, disruption, expenditure and/or damages incurred and/or sustained by the Customer due directly or indirectly because of any delay in supply of the Goods.
GST: The above prices DO NOT include 10% GST unless specifically stated as 'inclusive of GST'. If GST is imposed on any supply by the Company then the Customer shall on demand pay to the Company in addition to any consideration for the supply ("GST-exclusive consideration"), an additional amount calculated by multiplying the prevailing GST rate by the GST-exclusive consideration. "GST" means the goods and services tax imposed in Australia under the New Tax System Act 1999 (Cth) and related Imposition Acts of the Commonwealth or laws and includes any amendments or regulations thereto.
Delivery: The Price does not include delivery and freight costs to the nominated delivery address of the Customer, unless specifically provided for in the description of the Goods. The Company can provide the Customer with a quotation in this regard upon request.
Unless agreed otherwise in writing prior to delivery, unloading of Goods shall be the Customer’s responsibility and the company will not be responsible for any damage resulting from the unloading of the Goods by the Customer or by anyone on its behalf, or by the Company’s employee or agent. The Customer indemnifies the company for any claim whatsoever resulting from the customer, its employee or agent loading goods supplied by the Company on any vehicle or unloading Goods supplied by the Company from any vehicle.
A quantity, description, date, time and place of delivery as shown on the Company’s invoice or delivery docket shall be conclusive evidence of quantity, description, date, time and place of delivery of such Goods.
Supply Only: The Price is for the supply of goods only and does not include any service fees, commissioning, staff training or any other services for the Goods supplied. The risk and obligation to be properly trained and qualified in the use of the Goods supplied by the Company rests on the Customer.
Cancellations: Once an order for Goods has been accepted by the Company, the Customer can only cancel, vary or suspend the order (whether in whole or in part) upon the following conditions:-
- the Company agrees in writing to the request of the Customer;
- no cancellation, variation or suspension will be effective or recognized unless, and only to the extent, that the Company agrees in writing to such cancellation, variation or suspension.
- the Customer agrees to accept delivery of any Goods held by and all goods in transit to the Company in respect of such order which are non-returnable to the supplier or may not be saleable to other parties; and
- the Customer agrees to pay all costs, expenses and liabilities incurred by the Company in consequence of the cancellation, variation or suspension of the order and accepts any fees proposed to be charged by the Company as a result of such cancellation, variation or suspension of the order.
Retention of Title: Until such time as payment in full has been received by the Company in cleared funds, title in the Goods shall remain in the Company. The risk in the goods passes to the Customer on delivery to the Customer or into custody on the Customer's behalf provided that if the Customer fails to accept delivery or requests a delay in delivery, risks to the Goods will be borne by the Customer from the time of such failure or request (as the case may be) and the Customer indemnifies the Company from any claim, loss or expense whatsoever arising from the Customer's failure or request.
Intellectual Property: The Customer acknowledges that the Company is the owner and holds all rights, title and interest in the various patents, inventions, designs, copyright, trademarks, trade names, business names, corporate names, logos, get up, circuit layouts, know how, trade secrets and confidential information held by the Company ("the Company IP"). The Customer will not attempt to seek or claim any interest in the Company IP, or assist any other party to assert any interest in the Company IP. The Customer acknowledges that any improvement or enhancement of the Company IP which may result from work performed by the Customer shall remain the exclusive property of the Company and the Customer irrevocably assigns to the Company all right, title and interest the Customer may have in any improvements or enhancements, to the Company IP. The Customer will not hinder the Company in any application or other measure taken by the Company to protect or exploit improvements to the Company IP.
Advice / Technical Information: The Customer acknowledges, agrees and warrants that:-
- Any advice, recommendations, information or service provided by the Company or its employees or agents in relation to the Goods it manufactures or supplies, their use and application or any other matter whatsoever is based upon research testing and enquiries believed by the Company to be appropriate and reliable. Any such advice recommendation information or service so provided is offered without any liability or responsibility on the part of the Company or its employees or agent and is accepted at the risk of the Customer. The Company gives no warranty of freedom from patent infringement in relation to the use of advice, recommendation, information or service it may give.
- Any description or specification given by the Company in the Contract Documents or in printed literature of the Company is for general indicative purposes only and does not render the Company responsible howsoever and whatsoever except to the extent that the goods shall comply with the standards set out in such descriptions or specifications and that such description or specification shall not be taken as implying or giving any undertaking as to the fitness for any particular purpose.
- If the Goods are required for a particular purpose then the Customer must clearly specify that purpose in writing in the order placed with the Company and obtain written assurance from the Company that the goods when supplied will meet that requirement. If the Customer does not specify the particular purpose and/or the company does not expressly undertake in writing that the Goods will be fit for that specific purpose then the Customer agrees that it did not rely on the skill or judgment of the Company in relation to the suitability of the goods for a particular purpose.
Warranty Claims / Rights of Customer: The Competition and Consumer Act 2010 (Cth) ("CCA") and similar State laws has the effect of granting certain rights which cannot be excluded, restricted or modified, or if they can be excluded, restricted or modified such restrictions and modification may be of a limited nature only. If specified so in the Contract Documents, the Goods may contain a warranty from the manufacturer (not being the Company) and if so, the Customer agrees and warrants with the Company that:-
- any faulty Goods must be notified to the Company within fourteen (14) days of receiving the Goods;
- if requested by the Company, the Goods must be immediately returned to the Company at the expense of the Customer;
- if requested by the Company, the Customer must liaise directly with the manufacturer in relation to the warranty provided by the manufacturer to enable the manufacture to fix or replace the Goods (if required). If the Contract Documents provide that the manufacturer of the Goods (not being the Company) does not provide any warranty then the Customer agrees and warrants with the Company that it agrees to purchase the Goods on an "as is" basis.
- replacement of the Goods or supply of equivalent Goods; or
- pairing the Goods; or
- paying the Customer for the price of the Goods as at the date of delivery; or
- paying the Customer the cost of repairing the Goods.
Waiver/Indemnity: The Company is not liable to the Customer (except to the extent that liability cannot be excluded) for:
- any loss, damage or expense sustained by the Customer or any other party; or
- any indirect or consequential losses, loss of profits or use; or
- any rectification costs or third party claims; whether by way of death, personal injury, delay, financial loss or otherwise arising from or incidental to the Goods (including but not limited to a breakdown or defect in or any accident in respect of the Goods), the storage of the Goods, or from any other act, error or omission, whether occasioned by the negligence of the Company, it's servants, agents, employees, the Customer, a third party or otherwise.
The Customer hereby irrevocably indemnifies and continues to indemnify the Company to the full extent permitted by law against all actions, proceedings, claims (including but not limited to legal costs), and demands made by any person, whether in respect of loss or damage to property (including but not limited to physical loss or damage), financial loss, delay, death, personal injury or otherwise arising out of, or alleged to arise out of or resulting from the Goods once the Customer has received delivery of the Goods.
The Customer by accepting of this Statement of Acceptance agrees to be bound by the conditions herein contained:-
a)The content on the Site is owned, controlled, or licensed by Ariya Health. It is protected by copyright (and where applicable, patent and trademark laws).
b)No part of the Site or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any medium for publication or distribution by any person without prio written consent of Ariya Health.
c)You must not use screen scraping, data mining or any similar data gathering and extraction technological devices on the Site for the purpose of reproducing information contained on the Site or through any other medium.
d)You most not post to the Site or allow to be loaded onto the Site any material of a kind which contains computer worms, viruses or other types of malicious or harmful programs that could cause damage or harm to Ariya Health or any other party using the Site.
e)You must not do anything that compromises the security of the Site.
f)Ariya Health does not warrant that access to the Site will be available and uninterrupted.
g)Ariya Health does not warrant that the Site will be free of viruses or other harmful components. Ariya Health will not be liable to you for any damage cause to you as a result of any such interruption, error or virus.
2. Use of materials on the Site
a) You may use information on Ariya Health products and services purposely made available by Ariya Health by downloading from the Site provided that you:
- use such information only for your personal, non-commerical purpose and do not copy or post such information on any networked computer or broadcast it in any media;
- do not modify any such information, and
- do not make any additional representations or warranties relating to such documents.
b) Ariya Health specially reserves all of its intellectual property rights in the Site and its contents, including, but not limited to, copyright in material and/or services provided by Bio Concepts. The material on the website is proved for personal use only and may not be re-sold and/or re-distributed in any material form, stored in any storage media, or re-transmitted in any media without prior written consent of Bio Concepts.
c) You must not attempt to gain unauthorized access to any portion or feature of the Site, or any systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means.
d) You may not use the Site or its contents for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity which infringes the rights of Bio Concepts or any other party.
3. Links to other websites
Ariya Health provides links to other sites on the worldwide web solely for the convenience of users of the Site and, to the extent permitted by law, it is not responsible for and accepts no liability in relation to the material or information contained on those other sites.
4. No reliance
a)Ariya Health may make changes to any products or services offered for sale on the Site, or to the applicable prices for any such products or services, at any time and from time to time, without notice to you.
5. Accounts, Passwords and Security
a) Certain features or services offered on the Site may require you to open an account. You are solely responsible for maintaining the confidentiality of the information you hold for your account, including the password.
b) You agree that you will be liable for all purchases made by persons who have access your account or placed an order using your account details and password, whether or not such orders have been authorized by you.
c) You must notify Ariya Health immediately or any unauthorized use of your account or password, or any other breach of security.
d) You must not use anyone else’s Ariya Health ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. You agree to indemnify Ariya Health and keep Ariya Health indemnified in respect of any loss or damage arising from your failure to comply with these obligations.
e) You consent to us communicating with you in relation to your account or any orders placed by you through electronic means, including by email.
7. Limitation of Liability
a) Except to the extent permitted by law, in no event will Ariya Health;be liable to you for any any indirect, consequential, exemplary, incidental or punitive damages, including lost profits. This limitation applies in relation to or in connection with any material and/or information supplied in respect of advertising on the Site; and as a consequence of removing any material and/or information from the Site. Bio Concepts is not responsible for content on the Site provided by third parties
b) Any attempt to deliberately damage the Site may be in violation of criminal and civil laws and should such an attempt be made, whether successful or not,Ariya Health reserves the right to seek damages to the fullest extent permitted by the law.
To the extent permitted by law, you agree to indemnify and hold Ariya Health, its officers, directors, shareholders, predecessors, employees and agents harmless from any demand, loss, liability, claims or expenses made against Ariya Health by any party due to or arising out of or in connection with:
a) your use of the Site;
b) any breach by you of these Terms and Conditions of Use of the Site;
c) any negligence, wrongful act or omission, or breach of statutory duty by you or by your employees, contractors, officers or agents; or
d) the violation by you of the rights of any third party in connection with your use of the Site.
c) You agree that Ariya Health may, in its sole discretion and without prior notice, terminate your access to the Site, block your future access to the Site and/or cancel your account if we have determined that you have violated these Terms and Conditions of Use.