These Terms and Conditions (Terms) are between BLISTERPOD PTY LTD ACN: 624 460 386, its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products, or related services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are available at www.blisterprevention.com.au and courses.blisterprevention.com.au (collectively, the Sites).
These Terms form the agreement under which we will supply products and related services to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept these Terms by making a purchase from us. Your purchase indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
1. Products and Orders
(a) You may order from us as set out on the Sites. We may at our discretion accept or reject an order depending on a number of factors including the availability of products and our ability to validate payment for the products.
(b) Once an order has been submitted, you cannot request variations and/or additions to the order. Any variations and/or additions will constitute a new order and will not release you from your liability under the original order.
(c) It is your responsibility to check the order details, including product, pricing, and the shipping and billing addresses, before you complete your order on the Sites.
(d) We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Sites and your payment has been validated.
(e) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Terms will be effective unless we both agree to the changes in writing.
2. Price and Payments
(a) You agree to pay the purchase price specified on the Sites at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. Any GST, delivery and insurance charges will be separately shown.
(b) You must pay for the product by one of the methods set out on the Sites. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
(c) We may charge interest at the rate of 2% per month on any amounts unpaid by you. If amounts owing remain unpaid for 7 days or more after payment is due, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
3. Availability and Cancellation
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep the Sites up to date concerning availability of products.
(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund or to put your order on back order. If you choose a refund, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on back order, we will arrange for delivery once the product is available.
(c) If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.
(a) Location: We deliver worldwide using the Australia Post, USPS, Fedex and DHL.
(b) Cost: Delivery fees are indicated at checkout and are dependent on your choice of carrier. Our system will email you a tracking number once shipped that you can simply click to check the progress of your order.
(c) Timing: We will normally dispatch the product at 12 noon every business day (for the avoidance of doubt, a business day is a day which is not a Saturday, Sunday, or bank or public holiday in Western Australia or New Jersey) from the receipt of your order, unless otherwise noted on the Sites. We will deliver the product to the place of delivery you specify when making your order.
(d) Method: We dispatch Australian orders from Esperance, Western Australia with Express Post. We dispatch all other orders from Lakewood, New Jersey with various carriers including USPS and Fedex. However, we may use a range of delivery methods. Some deliveries must be signed for. If delivery is not successful and the order is returned to us, you will be notified. Any additional shipping charges incurred to redeliver the order to you, will be at your expense. We will not be liable for customs delays or additional costs.
5. Discount Codes and Promotions
(a) We may from time to time offer promotional discount codes, which may be applicable to goods on the Sites, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
6. Intellectual Property
(a) Intellectual Property includes but is not limited to:
i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
iii. all work product developed in whole or in part by us.
(b) We own all Intellectual Property rights in the Sites, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
(c) You agree to license to us any images of your fees that you send or make available to us (Licensed Material). You grant us a perpetual, non-exclusive, irrevocable, worldwide and transferrable license to use the Licenced Material for our commercial use, including the furtherance of blister prevention, management and treatment.
(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
i. The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet via Skype or phone conference in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
ii. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
(b) Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
8. Consumer Law, Return, Refund and Exchange Policy
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Sites which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.
(b) Goods: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
(c) Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.
(d) Manufacturer’s Warranties: The product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.
(e) Repair, replacement or a refund: If you wish to seek repair, replacement or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
(f) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms. Any refund we make will be by the same payment method used to purchase the product.
(g) Installed: we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
(h) Packaging: You are responsible for returning the product to our warehouse and you must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.
(i) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
9. Limitation of Liability and Disclaimers
(a) While the information and material contained on the Sites is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Sites.
(b) To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Sites and these Terms, except those set out in these Terms, including but not limited to:
i. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
ii. the Sites or the products being unavailable; and
iii. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Sites, inability to access or use the Sites, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
(c) Not medical advice: You agree that any information, insights or guidance contained on our Sites, whether or not it is published by us, is not an attempt by us to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of our Sites does not establish a doctor-patient relationship. Information available on the Sites should not be used as a substitute for professional diagnosis and treatment. Any health information on our Sites is provided simply for your convenience. The Sites is intended for general information purposes only and does not take into account your own personal circumstances. Information available on the Sites is not intended to be advice, not intended to be relied upon, and is not a substitute for professional medical advice based on your personal circumstances.
(d) Podiatry advice: From time to time, we may provide podiatry advice to you either in person, through social media, email correspondence or via other communication channels on the Sites. In such circumstances, you acknowledge and agree that the advice is provided by us in good faith based only on the information that you provide to us. We do not accept any liability, and will not be responsible for, any harm or loss suffered by you, as a result of our advice, where the information provided by you was inaccurate and/or incomplete. Furthermore, where we recommend you seek advice or assistance from other third parties, which may include medical or podiatry specialists, clients, or other websites, we are not acting as a referral agent, we receive no referral fees, and we are not responsible for the services provided by such third parties.
(e) Suitability: You are solely responsible for determining the suitability of any of the products and related services and your reliance on any information that is provided to you through our Sites are at your own risk. The products and related services do not guarantee a particular outcome or change to your physical wellbeing.
(f) Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.
(g) This clause will survive termination of these Terms.
(a) These Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change these Terms.
(a) You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Sites for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(c) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Sites at our sole discretion, without incurring any liability to you.
(d) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(e) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 days’ notice in writing.
(g) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(i) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of the Sites and any dispute arising out of your use of them is subject to the laws of Western Australia and the Commonwealth of Australia. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Western Australia. The Sites may be accessed throughout Australia and overseas. We make no representation that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.
(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notice, please contact us at:
BLISTERPOD PTY LTD
ACN: 624 460 386
Address: B/116 Dempster Street, Esperance WA 6450
Phone: +61 8 9072 1514
Email: [email protected]
Last update: 08 June 2018