General Terms of Business

1 Introduction

The customer agreement below outlines a contract between you and Healthcare Innovations Australia Pty Ltd ABN: 71130039066 (“HIA”). The agreement sets out the terms and conditions under which you may purchase products from HIA. Please read the following terms and conditions carefully before placing your order with HIA. By using the Activities for Care website, you agree to be bound by the terms and conditions of this agreement.

 1.1   Interpretation

In these conditions:

“agreement’ means an agreement between you and HIA to supply goods. The agreement consists of the order and these conditions.

“conditions” means these conditions and any agreed written variations.

“delivery address” means the address to which the goods are to be delivered as stated on the order.

“intellectual property rights” includes all rights in respect of copyright, trademarks, patents, designs, and protection of confidential information whether arising under statute or otherwise.

“order” means an order by you to purchase goods from HIA.

“product list” means the list of goods displayed on the HIA internet site as amended from time to time.

“we”, “us” or “our” means the entirety of HIA.

“website” means the domain www.activitiesforcare.com.au.

“you” or “your” means you as a customer of HIA.

1.2    The Agreement

The entire agreement between you and HIA for the purchase of goods by you from HIA is

1. a)    these conditions
2. b)    the terms of the order.

An agreement exists between you and HIA once

1. a)    HIA accepts an order; or
2. b)    HIA receives the order and does not reject it within fourteen days.

Each order is a separate agreement.

1.3    Termination

HIA may terminate or suspend this agreement at any time by delivering notice. Termination of this agreement shall be effective the day notice is received or such later date as specified by the notice.

1.4    Notices

HIA may give notice to you by electronic mail or notice posting on the HIA website. You may give notice to HIA in writing by electronic mail to sales@hiaus.net.au or by fax or mail.

1.5    Provisions are Severable

Each provision of this agreement (including these conditions) is severable. Severance does not affect any other provisions.

1.6    Priority of this Agreement

Where any dispute arises from differences between interpretation of this agreement and of other information contained on the website, you agree that the terms of this agreement will prevail.

2    Website

2.1    Acceptable Usage

HIA grants you a limited licence to access and make use of this website for business and personal use. Any unauthorised use of this website terminates the licence granted.

You are permitted to create a hyperlink to the homepage of the website, provided that the link does not portray HIA or its products in a false, misleading, derogatory or otherwise offensive manner. You may not use the Activities for Care logo or any other copyrighted image as part of that link without express written permission.

You agree not to

• download or modify any portion of this website, unless explicitly allowed on the website or with express written consent form HIA
• monitor or copy the website content or data for non-personal or commercial purposes
• perform any action that places an excessive load on the website, or otherwise interferes with its ability to function. HIA reserves the right to determine what constitutes an ‘excessive load’ at its sole discretion
• use the website to upload, post, email or otherwise transmit any content that is unlawful or objectionable; infringes any copyright, trademark or other rights; is unsolicited or unauthorised advertising; contains software viruses or any other code, files or programs designed to impair any computer software or hardware
• use the website to impersonate anyone, including employees of HIA, defraud anyone, including HIA and its customers
• modify, copy, distribute, transmit, or sell any information, products or services obtained from this website

2.2   Disclaimer

HIA makes no warranty that

• the website will meet your requirements
• the website will be uninterrupted, timely, secure, or error-free
• the results that may be obtained from the use of the website will be accurate or reliable
• the quality of any products, services, information or other material obtained by you through the website will meet your requirements or expectations

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. You agree not to hold HIA liable for any direct, indirect, special, incidental or consequential damages resulting from the use of this website.

2.3    Content

HIA has made every effort to ensure that the information presented in this website is free from errors or omissions and is suitable for your intended use. However, HIA does not warrant the accuracy, adequacy, reliability or completeness of any content of this website, and assumes no liability for misprints, human errors, and omissions in the website content. We reserve the right to make changes and corrections in all information, including prices, our product lists, offers and specifications, without notice.

HIA reserves the right at any time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that HIA shall not be liable to you or any third party for any modification, suspension or discontinuance of the website.

Images displayed on this website should be regarded as illustrative and for information purpose only. The actual products may not be identical to the images. Hyperlinks (URL’s) provided throughout our product pages should only be used as references. The products we carry are not necessarily identical to the contents contained in the links. If you are unsure, you should contact us before placing your order.

2.4    Third-party Sites

HIA does not review or control third-party websites linked to or from this website, and is not responsible or liable, directly or indirectly for the content, including software downloads, of any such websites. The inclusion of any link to a third-party website does not imply endorsement or approval of the site and HIA makes no warranties or representations as to the accuracy, quality or legality of the content of the third-party websites.

3    Liability

You acknowledge that the HIA website is provided “AS IS” and that HIA is not making and has not made any warranty or representation as to the website’s suitability for any particular purpose. You agree that in using HIA’s website, you are not relying on any statement or representation made by HIA which is not expressly contained in this agreement.

You agree that any liability of HIA arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of HIA’s website (other than a condition or warranty implied by legislation which does not permit HIA’s liability to be limited) will, at the election of HIA be limited to :

• the replacement of goods;
• the supply of equivalent goods; or
• the payment of the cost of having the goods supplied again or repaired

4   Shopping

4.1    Placing Orders

Orders are placed using our online store by selecting goods, entering your details and pressing the “Place Order” button on the payments option page. Orders will be deemed to have received by HIA at the time of the successful transmission of the order.

You can also contact us by phone, fax or email to place your order. Your order will be deemed to have been received by HIA at the time of receipt of your email or fax, or at the close of a telephone conversation during which an order was placed.

You can place orders online, by fax or email at any time, however, we only accept phone orders and only process and ship orders during our normal business hours which are 8:30am to 5:00pm, Monday to Friday, excluding South Australian public holidays.

All orders placed are subject to confirmation and acceptance by HIA, whether or not payment has already been made. Terms of payment are within HIA’s sole discretion. Where orders are not paid for in full before dispatch of goods, 30 days credit terms are offered, subject to approval. (Please note, that for orders for customised puzzles, payment must be received at the time of placement of the order. No invoicing  will be permitted for these products.) You are responsible for all other taxes associated with your order.

If, for any reason HIA is unable to fill your order as placed, you will be notified, and given the opportunity to amend or cancel your order. Any overpayment that results from adjustment or cancellation of your order will be refunded in full.

4.2    Cancelling Orders

If you wish to cancel your order, you agree to do so as soon as possible after placement. Cancellation must be in writing, by email or fax. A cancellation fee of 10% applies to all orders once payment has been made, to cover labour and administrative costs. Orders may not be cancelled once they have been dispatched or in the case of customised jigsaw puzzles, once they have been manufactured.

HIA reserves the right to refuse or cancel orders, without notice, whether or not the order has been confirmed and payment made. If payment has been made and your order is cancelled by us we will notify you and refund your payment in full.

Any order that we believe has been tampered with or is fraudulent in any way will not be honoured.

4.3    Pricing

All prices quoted on our website include GST (Goods and Services tax) where applicable.

HIA reserves the right to withdraw any product we advertise and change prices and offers without notice, due to manufacturer or wholesale price changes, errors in publication, product discontinuation, changing market conditions and other circumstances that affect product availability and price stability.

HIA may vary prices for received orders in the event of price changes. In the event of a price increase, you will be notified before your order is processed and given an opportunity to amend or cancel your order by giving notice by phone, fax or email to HIA. In the event of a price decrease, you will be refunded the price difference in full if payment has been made.

4.4    Payment

You can pay for your order by direct deposit, cheque, money order, credit card or PayPal. For all orders of goods available through the store catalogue, your order will be shipped with your receipt or invoice where 30 day terms of credit have been approved.

To pay by direct deposit, you will need to transfer the amount in Australian Dollars directly into our bank account using the details provided. To ensure that we can correctly match your payment to your order, you should include your order number (or invoice number where an invoice has been provided) with your payment. We also require that you send us notification and details of your payment by email or fax. We are not liable for direct deposit payments that, for any reason, do not arrive in our account. You should allow for overnight clearance of direct deposits.

To pay by cheque or money order, you will need to make your cheque or money order payable to ‘Healthcare Innovations Australia’ and mail it to us at PO Box 34, Salisbury South BC SA 5106. You should include a copy of your Internet Order (or invoice number where an invoice has been generated) to enable us to correctly match your payment to your order. We are not liable for cheque payments that, for any reason, do not reach us. You should allow at least four days for receipt and clearance of your cheque or money order payment.

To pay by credit card, you will need to enter your credit card details on the checkout page, which will secure your details with encryption and transmit them to us for processing your payment. Your card will be charged when your order is ready to be shipped. You can pay for your order with Visa or Mastercard. We are not liable for credit payments that, for any reason are not successful.

To pay by credit card via PayPal, you will need to follow the link provided on order placement, which will direct you to a third-party website (paypal.com.au) to make your payment. You can pay for your order at PayPal.com.au with Visa or Mastercard. HIA makes no warranty about the security or suitability of the services provided by PayPal.com.au and assumes no liability for any damages resulting from your use of PayPal.com.au to pay for your order by credit card. Refer to paypal.com.au for their terms and conditions of use. We are not liable for credit payments that, for any reason, are unsuccessful.

For goods or services received on credit, our standard payment terms are 30 days from the date of invoice, unless otherwise specified. If you do not pay your debt in full by the due date, we reserve the right to refuse to supply you with further goods and suspend or cancel your account at our discretion. You are liable to pay all debt recovery costs, including legal, administrative and debt collection costs.

Orders not paid for within the thirty days of placement may be cancelled, at our discretion. We will notify you before cancelling your order.

4.5    Title of Goods

The title of the goods supplied does not pass to you from HIA until the amount is paid in full. We reserve the right to collect delivered goods if, for any reason, full payment is in question or doubt. HIA owns the title of any extra goods shipped with your order that have been dispatched in error.

4.6    Shipping

We deliver goods to anywhere in Australia or overseas. Our current shipping and handling rates are listed on the website for orders placed via the website. Shipping costs for online orders weighing more than 25 kg will require  HIA to supply the purchaser with a quote for shipping. Quotes for shipping may also be given for orders placed by phone, fax, or email; for orders requiring non-standard shipping methods or for international orders.

Your order will be shipped as soon as payment is received and funds are cleared (or in the case of approved terms of credit – an invoice is generated). In most cases we require a physical delivery address for your order – some orders may be sent to PO box addresses according to our discretion. Should no-one be present at the delivery address during business hours, you will be held responsible for any redelivery costs if the delivery address is unattended at the time of delivery. You are also responsible for paying any costs associated with refused shipments or unclaimed goods.

We will make every reasonable effort to ensure that your goods are delivered promptly. Please allow for three to seven days for orders of items currently in stock and sent by post (dependent on whether delivery is to a metro area or regional area) and up to 10 days for delivery by courier of items in stock (again dependent on whether delivery is to a metro or regional area). If for any reason items requested are not in stock and require to be ordered in, we will notify you of the expected delays in delivery.

HIA is not liable for the consequences of a delay in delivery or a lost shipment. Loss or damage to goods that occurs during shipping by a carrier selected by HIA is our responsibility. Loss or damage to goods that occurs during shipping by a carrier selected by you is your responsibility.

4.7    Refunds and Returns

You must notify us by phone, email or fax within 2 working days of delivery if there is a problem with your order.

If your delivery appears to have been damaged in transit you should refuse to accept the delivery, direct the courier to ‘return to sender’ and notify us immediately. If items are missing from your order, we will dispatch them immediately, at no extra cost to you. If your goods are faulty or incorrect when delivered, we will do one of the following, at our discretion:

• replace the faulty or incorrect item(s) with the same or equivalent item(s)
• repair the faulty item(s) at no cost to you
• refund your money

All faulty or incorrect items must be returned to us before a refund or a replacement can be issue. It is your responsibility to pay for any charges incurred in shipping the faulty goods or incorrect items back to us.

Do not return any goods without first contacting us to discuss the problem and to obtain authorisation to return the goods. You are responsible for the cost of returning any goods to us. Goods sent COD will not be accepted. When returning goods, you should ensure that they are adequately packaged to reduce the risk of being damaged in transit. Items that are insufficiently or incorrectly packaged will not be accepted for refund or return. HIA is not liable for any goods that are lost or damaged in transit to us.

We do not offer refunds or returns for incorrect choice or if you change your mind. You should choose your goods carefully and contact us before ordering if you have any queries. We make no guarantee as to the suitability of our products for your purposes. In relation to customised puzzles we make no guarantee as to the quality of the puzzles produced as this is dependent on the quality of the original printed photograph or digital file sent to us. We will contact you if we have any doubts about the quality of the end product and seek your approval in writing before go ahead. Should you be unhappy with the final product on receipt of the customised puzzle, after you have given approval for manufacture, we will not offer a refund.

4.8    Warranty

All goods sold by HIA come with a 12 month back to base warranty from the date of delivery, covering mechanical failure and including the cost of parts and labour. Back to base means that you will need to cover the cost of returning the goods to us for warranty. See above for conditions of return of goods.

We will do our best to resolve your warranty issue quickly. We do not promise as to the turnaround time of your warranty repairs. We will ship any repaired or replaced goods back to you at our own cost. In the event that we elect to replace a product that has been discontinued, your goods will be replaced with an equivalent item or you will receive a credit from HIA to the value of the goods, at our discretion.

This warranty does not cover damage or fault due to accident, abuse, incorrect use, or unauthorised repairs.

5    Intellectual Property Rights

You acknowledge that HIA owns or is licensed to use all intellectual property rights in the Activities for Care website (including but not limited to, any images, photographs, programming or text which appears on the site). You agree that you will make no representation to the contrary, and that you must not use or copy the Activities for Care website in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.

You acknowledge that any trademarks or logos which appear on the Activities for Care website are owned by or licensed to HIA, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logs. All other trademarks and registered trademarks are the sole property of their respective owners.

6    Privacy

6.1    Personal Information

We do not collect or record personal information, unless you provide it to us explicitly during an interaction with us via our website, or by email, phone, fax or mail. Any information that you provide is treated as confidential and stored securely. It is used only for the purpose intended or stated. It will not be shared with anyone else without your knowledge or consent unless we are required by law to disclose such information. All information that we no longer need to keep is either destroyed or made permanently unidentifiable.

6.2    Visitor Logs

Visitor logs are used on this site and include your Internet (IP) address, the date and time of your visit, the pages you downloaded, and information about the browser  you used. The information that we collect in this way will only be used to update and improve the content and useability of our website.

6.3    Security

We will take all reasonable steps to store your personal information securely. Our shopping cart programs use 256-bit Secure Sockets Layer (SSL) encryption to store all information passed from you to us, making it extremely difficult for this information to be intercepted. Credit card processing is done through our merchant facility. HIA makes no warranty about the security of the services provided by PayPal.com.au in the processing of PayPal payments.

6.4    Customer Database and Email

Once you have placed an order with us, we store the information you have provided to us in our customer database, to allow us to fill your order and provide you with customer service. Your order is stored online for a short period only to allow us to download your order to our database. Our customer database is stored on ‘the cloud’. The database is accessible to authorised employees only.

Your email address will only be used to communicate with you about your order and to respond to your queries. It will not be kept or used for any purpose other than stated. Your email address will not be added to a mailing list unless you give your consent e.g. you sign up to our e-catalogue. Nor will your email address be disclosed to anyone else without your knowledge or consent.

6.5    Accessing Your Data

Contact us any time to ask us about what information we are keeping about you, why we are holding it and what we use it for. Please let us know if your information is incorrect or out of date, and we will update our records accordingly.