Terms and conditions of use
Elements Medical Supplies is a registered business name of Elements Healthcare Pty Ltd. Elements Healthcare Pty Ltd and their associates provide you services subject to the following terms and conditions, which are also known as our “terms and conditions”.
If you access, visit or shop on this website, you accept and agree to these Terms and Conditions. Please read them carefully, if you choose not to agree to these Terms of Use, you are advised to discontinue use of this website. Elements Healthcare Pty Ltd reserves the right to alter and change these terms and conditions without prior notice, it is your responsibility to return to this page to review these changes before using this website in the future. The terms and conditions may be altered at any time.
1. General
In these Terms and Conditions:
We, our or us, Elements Healthcare Pty Ltd and Elements Medical Supplies means Elements Healthcare Pty Ltd (ABN: 20128765140) and includes its related companies, directors, employees and agents; You or your means the person or customer using the website; We reserve the right to revise these Terms and Conditions, our Privacy Policy and any other website terms and conditions (including but not limited to terms and conditions of purchase) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials. These terms shall be governed by and construed in accordance with the laws of Western Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Western Australia, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. Any failure by Elements Healthcare Pty Ltd to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing. These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
These Terms and Conditions and our Privacy Policy consist of the entire agreement between us and you as regards to the subject matter. Questions regarding our Terms and Conditions, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the "Contact Us" link in the menu.
2. Privacy
Elements Healthcare Pty Ltd is an Australian registered company (ABN: 20128765140). Use of this site is subject to our Privacy Policy.
3. Electronic Communications
By placing an order online, you consent to receive emails from us to complete the ordering process, e.g. to confirm your order and/or to provide fulfillment and delivery updates. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Your Account
You must provide accurate and complete information about yourself when requested by a relevant form on this website. You are responsible for maintaining the confidentiality and security of your account, password, and computer. All activity made under your account is your responsibility. Persons under the age of 18 may use our website only with the involvement of a parent or guardian. You agree to indemnify Elements Healthcare Pty Ltd from any loss or damage from your use of Elements Healthcare Pty Ltd websites, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory. We grant you a limited license to access this site for personal use. You may not modify, copy, or otherwise deal with it without our express written consent. We reserve the right to suspend or deny your access to any or all the pages on the website. We will not be liable to you or any other party for termination of access to your account or the website. We reserve the right to temporarily or permanently interrupt or disable some or all services on elementsmedical.com.au at any time.
5. Medical Information and Product Use
This website is not a substitute for professional medical advice, we advise you to consult your healthcare practitioner before you purchase any product listed. Your healthcare practitioner should address any concerns, medical questions, and queries regarding the possible treatment of any medical condition. Elements Medical does not and is not able to give or intend to give any answers to medical-related questions. This website does not replace any medical professional resource.
6. Reviews and Comment
We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in our sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Elements Healthcare Pty Ltd and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Elements Healthcare Pty Ltd and its associates the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that the use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Elements Healthcare Pty Ltd or its associates for all claims resulting from content you supply. Elements Healthcare Pty Ltd has the right but not the obligation to monitor and edit or remove any activity or content. Elements Healthcare Pty Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Placing of orders
In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Site. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit cardholder.
8. Delivery of Products
After ordering online, you will receive an email confirmation from Elements Medical Supplies containing your order number, details of your order, and a link to track its progress. However, because of the nature of the internet, we cannot guarantee receipt. Please add the Elements Medical Supplies email address in your contact address book to ensure emails are not sent to junk mail or blocked by your firewall. Australia Post delivers our products and will only deliver products ordered through the Site to a location where we provide delivery services. To see a list of restricted destinations please see our Frequently Asked Questions. The delivery fee for your order depends on the option chosen at checkout. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. If no one is available to collect your order at the time that it is delivered, Australia Post will leave written instructions on how you can collect your order from the nearest Post Office. There are un-tracked and tracked postage options to choose from. Un-tracked postage is an uninsured delivery service and won’t have tracking information. Tracked postage means the package is tracked through to delivery.
9. Payment Methods
We accept most major credit cards including Visa, MasterCard, and American Express. Please note that we do not accept international credit cards online. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point. If we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
10. Intellectual Property
All material on site and that subsisting under it (including but not limited to text, images, data, and software) is our property, or that of our suppliers, and is protected by intellectual property laws. You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to confuse, or in any way that disparages or discredits us. All other trademarks not owned by Elements Healthcare Pty Ltd or its related companies that appear on this site are the property of their respective owners. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. You may not in any way commercially exploit any material obtained from the website.
11. Third-Party Websites
The Elements Medical Supplies website may contain links to other websites controlled by third parties (Third Party Websites). Elements Healthcare Pty Ltd is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third-Party Websites, you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Websites.
Elements Healthcare Pty Ltd makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.
12. Warranties and limitations of liability
This website is provided "as is" and Elements Healthcare Pty Ltd excludes all warranties of any kind to the fullest extent permissible by law. Elements Healthcare Pty Ltd does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect, or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.