National First Aid Online Terms and Conditions of Use
These terms and conditions of use will govern the business relationship You, the customer have with Kyane Pty Ltd as Trustee for the Kym EDEN Family Trust ABN 49 657 311 082 Trading as National First Aid (NFA) of 11/328 Reserve Road, Cheltenham Vic 3192 (also referred to as “We”, “Us” or “Our”, as relevant).
They will describe in details the access to the Site, the purchase of goods or services off the Site, the ability to rely on information provided on the Site and what rights and or obligations You and Us have. These terms and conditions are subject to consumer laws as are the applicable in any state or territory in Australia including any federal laws. In the event of any inconsistency, the law will prevail.
2. Contract is binding
Please read these terms and conditions carefully. These terms and conditions form the agreement between You and Us. Neither You nor Us have to sign the agreement for it to be binding. If You transact on the Site or You acquire goods or services from NFA You will be deemed to have read, understood and accept these terms and conditions. These terms and conditions will continue to operate until cancelled or suspended by either party at their discretion.
3. Terms used in these terms and conditions
In these terms and conditions of use You will find terms that are capitalised which means they start with a capital letter. These are defined terms and the meaning of these terms is as follows;
Agreement – means these binding terms and conditions of use that govern the relationship between You and Us with respect to the use of the Site and the purchase of goods or services from the Site.
Business Day – means a day We are open for business.
Law – means:
(a) either common law and or statute law governing the sale of goods or services and consumer protection which includes, but is not limited to Fair Trading Act 1999 Vic (or equivalent act in any state or territory) and the Competition and Consumer Act 2010 Commonwealth;
(b) any law governing Our business operation including, but not limited to, the Corporations Act 2001 (Commonwealth), Taxation legislation and any laws governing privacy.
Liability – means the liability that may be imposed on Us under this Agreement for any transaction conducted through the Site or any information provided on the Site.
Site – means this internet site https://www.nationalfirstaid.com.au through which You acquire goods or services.
You – means the customer who access and uses the Site or is transacting through the Site to purchase Goods or services from Us. Yours will have a corresponding meaning.
The term ‘This document’, ‘this agreement’ and these terms and conditions of trade refers to the same agreement between the parties as documented in this document.
4. Transactions on the Site
(a) You do not have to register as a subscriber to the Site in order to complete a transaction on the Site. If You require information about the services NFA can provide such as firs aid services to events and or training, You will be required to send Us an email with the inquiry and we will follow it through.
(c) If You provide Us with any information, You undertake and warrant that the information is correct and we can rely on it.
(d) We reserve the right to refuse to sell You any goods or services. We do not have to provide You with reasons for the refusal, however, if You paid any money to acquire goods or services from the Site, the money will be refunded to You in full.
(e) These terms and conditions of use (Agreement) commences from the time You access the Site and or transact on the Site and will continue in operation until they are no longer relevant or You stopped using the Site. This agreement will govern any future dealings You have with Us.
(f) The services We provide to You are limited to the ability to access the Site and buy goods or services from the Site. If NFA provides You with additional services such as training or event first aid services, these services will be governed by specific terms and conditions as are relevant to the engagement.
(g) We do not warrant or guarantee an uninterrupted and continuing access to the Site. If We are aware that the Site or the services are down and are not operational, We will use best endeavours to remedy the performance of the Site but if We fail to do so, this will not constitute a breach of Our contractual obligations to You or a breach of any duty We may owe You.
(h) We do not warrant or guarantee that the use of the Site is error free, that the information conveyed on the Site is accurate and reliable or that the Site does not contain viruses or malware, cookie or any other electronic tracing that may be harmful to Users.
(i) We do not warrant that the information contain on the Site is accurate and up to date.
(j) Information provided on the Site including any first aid books, information and videos is provided for general viewing or reading and is not an advice. You must not rely on any information You read or view on the Site. In the event of medical emergency or if You require medical care, You must call 000 or see your doctor for further advice.
(k) We reserve the right to change, modify, suspend, cancel or substitute any information on the Site without providing You with any notice.
(l) We reserve the right to amend or modify these terms and conditions of use from time to time and at any time. The amended terms and conditions of use will be posted onto the site and will apply immediately.
(m) We reserve the right to maintain the Site from time to time and at any time. We do not have to give You notice of the pending maintenance. We will endeavour to restore the operation of the Site as soon as it is practicable but if we fail to restore the Site in according to your expectations, this will not be a breach of our Agreement with You nor a breach of any duty We may owe You.
(n) You expressly release Us from any Liability whatsoever and howsoever incurred in relation to;
(i) accidental errors, misdescription, or omissions in relation to the goods or services and any information generated by the Site; and
(ii) Our decision to change, modify, suspend, cancel or substitute any information on the Site; and
(iii) Your reliance on any information read or viewed on the Site.
(o) To complete a purchase on the Site, You must pay Us for the goods in full. You will be required to pay Us the price of the goods or services by accessing the payment engine on the Site or by giving Us credit card details in person. The purchase is not complete until the payment is received. Prices for goods sold on the Site are inclusive of Goods and Services Tax (GST).
(p) There is no cooling off period for transaction conduced on the Site. Once You acquired goods or services from the Site, We will not refund You purchase money unless You did not receive what You have ordered or the goods received are defective.
(q) We will be responsible for;
(i) supply You with goods or services You acquired through the Site;
(ii) Any warranty for the goods or services You acquired through the Site;
(iii) Any licensing and regulatory issues including compliance with safety laws and any Australian standard as applies from time to time to the goods or services;
(iv) Using reasonable endeavours to deliver the goods or services You acquired in accordance with the committed delivery time to the delivery address You specified.
(v) Investigating and dealing with any warranty claims.
5. Your Obligations
(a) You must provide Us with accurate information at all times.
(b) You must ensure that the goods and services You purchase through the Site are suitable for your needs.
(c) You must not use the Site or any communication mechanism of the Site for any other purpose than to either communicate with Us or buy goods or services as are advertised on the Site.
(d) You must not attempt to interrupt the operation of the Site or interfere with the technology that enables the Site.
(e) You must not attempt to reverse engineer the technology platform that is the basis for the Site.
(f) You acknowledge that any and all information provided on the Site particularly any training materials or first aid information and books is protected by copyright. You must print, copy, email or deal with any information on the Site that is copyright protected unless:
(i) You have Our authority;
(ii) You purchased the materials from Us;
(iii) it is allowed by Law.
(g) You must not use the goods purchased from the Site for any other purpose but for the purpose they are designated for.
(h) You acknowledge that any information provided on the Site is not an advice and must not be relied on without further instructions from NFA.
6. Intellectual Property
(a) You expressly acknowledge and agree that copyright and any other intellectual property rights, including the look and feel of the Site, as are enforced from time to time (either by statute or at common law) are owned solely by Us.
(b) Intellectual property rights exist in any information provides on the Site, the design of the Site, photographs on the Site, music, video or sound posted on the Site, software applications that run the Site and any text provided on the Site.
(c) By accessing the Site, We grant You a personal non-transferable cancellable license to access and view only the intellectual property items on Site.
(d) You must not reproduce, redistribute, copy, publish, download, display, reverse engineer, sublicense, or attempt to exploit in any commercial way any materials from the Site in which intellectual property right subsist unless it is authorised by Us.
7. Liability and Indemnity
(a) We do not warrant or guarantee that the Site or the services on the Site will be provided to You without interruptions, errors or faults.
(b) Unless otherwise set out in this Agreement or required by Law, We expressly exclude and You release Us from any Liability to You or a third party for any loss, damage, claim, suit or expense including direct and indirect or consequential losses arising out of or relating in any way to;
(i) You accessing the Site and utilising the Site to purchase goods or services;
(ii) Any interruptions, errors or faults on or to the Site;
(iii) Your reliance on information provided on the Site with respect to goods or services or first aid;
(iv) Any injury to Yourself, third party or property arising out of the purchase of goods or services from the Site or the reliance on information provided on the Site;
(vi) Any viruses, cookies, Trojan horses or any other electronic coding which may transmitted or installed through the Site onto User’s computers which is not under Our control;
(c) To the extent the Law excludes or voids any of the provisions in clause 7, our Liability shall be limited to the maximum allowed by Law including the re supply of the goods or services. The Law imposes certain warranties into a consumer transaction that cannot be excluded. This Agreement shall be read subject to these warranties.
(d) For the avoidance of doubt, in any event if Liability is imposed on Us in relation to any goods or services acquired from the Site or with respect to any information generated from the Site, We will not be liable For indirect losses, consequential losses, economic losses, loss of earning or losses of opportunities.
(e) You indemnify Us against all direct losses, damage, cost and claim we suffered or incurred as a result of Your access to the Site or Your acquisition of goods or services to the Site or Your reliance on information from the Site.
(a) You may contact Us during business hours on any Business Day using the contact details as are set out on the Site.
(b) This agreement is govern by the Laws of Victoria and the parties agree to submit to the non-exclusive jurisdiction of the courts of this state and any courts taking appeal from these courts.
(c) If any provision in this Agreement is held to be invalid or unenforceable or void at Law, the provision shall be deleted and the reminder of the Agreement shall be unaffected.
(e) Except as required by Law, all warranties in relation to the provision of services from the Site and any goods or services sold through the Site are here excluded.
(f) This is the entire agreement between the parties in relation to the subject matter and it supersedes any prior engagement or discussions in relation to the subject matter. You expressly acknowledge and agree that no representations, promises or warranties were given to You in any discussions that may have been held between the parties.
(g) If You want to contact Us with any communication or notice, You can write to Us to National First Aid PO Box 7029 Beaumaris VIC 3193.