TERMS & CONDITIONS

OVERVIEW

This website is operated by Cosmetics 2U Pty Ltd trading as RegenMed Direct. Throughout the site and the Terms and Conditions, the terms “we”, “our”, “us” and “the Company” refer to RegenMed Direct. RegenMed Direct offers this website, including all information, tools and services available from this site to you,the “patient”, “the user”, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. The term “Patient” refers to anyone making an order, purchase or request heretofore from the Company. The term “website”, “site” and “online store” refers to www.regenmeddirect.com.au (“the site”).

By visiting our site and/ or purchasing something from us, you (the patient) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then refrain from using the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

RegenMed Direct is owned and operated by Cosmetics 2U Pty Ltd, ABN 97 158 226 843, trading as RegenMed Direct.

The www.regenmeddirect.com.au website is fully owned and operated by Cosmetics 2U Pty Ltd, ABN 97 158 226 843, trading as RegenMed Direct. Our website, www.regenmeddirect.com.au frequently updates with new products and new information.

TERMS AND CONDITIONS

General Conditions

1. 1. The Company reserves the right to refuse service to anyone for any reason at any time.
  2. The Patient understand that their content (not including credit card information), may be transferred unencrypted and involve
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  3. The Patient agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by the company.
  4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  5. The Terms and Conditions of Trade may not be altered without the Company’s express prior, written consent. Any alterations must be clearly marked and agreed to by the Company.
  6. The Patient’s non-adherence of any of the terms set out herein does not in any way constitute an acceptance on our part or a waiver of the Company’s rights. These Standard Terms of Service will be interpreted according to the laws of Queensland and the courts having such jurisdiction in Queensland. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, all remaining provisions shall nevertheless continue to be of full force and effect.
  7. These Terms of Service offered by the Company are the only Terms of Service offered and are not overridden or superseded by any other Terms which the Patient may add or append to their Purchase Order.
  8. Any additional terms attached to a Purchase Order are not agreed and will not be read by the Company staff, as there has been no allowance in any quote given for any additional costs in time or fees, or any other costs in assessment, or delivery of goods, or retention or late payments, or any other additional unquoted costs, or any Terms which the Patient may attach to their Purchase Order.

Online Store Terms

1. 1. By agreeing to these Terms of Service, the Patient represents that they are at least the age of majority in their state or province of residence.
  2. The Patient may not use our products for any illegal or unauthorized purpose nor may the Patient , in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).
  3. The Patient must not transmit any worms or viruses or any code of a destructive nature.
  4. A breach or violation of any of the Terms will result in an immediate termination of the Patients Services.

Personal Information

1. 1. Your submission of personal information through the store is governed by our Privacy Policy.

Personal Use

1. 1. The products that are prescribed to the Patient from our website are for the Patients personal use only. It is illegal for the Patient to share or resell any products purchased.

Fraudulent Information

1. 1. By registering with the Company, the Patient agrees to provide the most truthful and up to date information. If the Patient chooses to falsify any personal information (including their identity) on their account, they are committing fraud and can be subject to legal action.

Usage Restrictions

1. 1. By accessing the RegenMed Direct website, the Patient agrees to solely use it for their personal non-commercial use, not violate website security, and will abide by the Terms and Conditions of the Company.
  2. Registering on the RegenMed Direct site does not promote or obligate the Patient to purchase or use our services on the website.

Prohibited Use

1. 1. In addition to other prohibitions as set forth in the Terms of Service, the Patient is prohibited from using the site or its content:
    1. for any unlawful purpose;
    2. to solicit others to perform or participate in any unlawful acts;
    3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. to submit false or misleading information;
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
    8. to collect or track the personal information of others;
    9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
    10. for any obscene or immoral purpose; or
    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  2. The Company reserves the right to terminate the Patients use of the Service or any related website for violating any of the prohibited uses.

Accuracy, Completeness and Timeliness of Information

1. 1. The Company is not responsible if information made available on the website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the website is at the Patient’s own risk.
  2. The website may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only.
  3. The Company reserves the right to modify the contents of the website at any time, but we have no obligation to update any information on our website.
  4. The Patient agrees that it is their responsibility to monitor changes to the website.

Modifications to the Service and/or Prices

1. Prices for our products are subject to change without notice.

The Company reserves the right at any time, to modify or discontinue the Service (or any part or content thereof) without notice at any time.

The Company shall not be liable to the Patient or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The price of any item or service is the price indicated on our online store or via a quotation provided by one of RegenMed Direct Sales Representatives, unless otherwise expressly stated in writing by an RegenMed Direct sales representative.
The Company reserves the sole right to change the Price of any item, items and/or orders in the event of a variation to the quotation.
The Patient shall not be entitled to make any deduction in respect of the price of any product or service from the Company relating to any set-off or counter claim by the Patient against the Company.

Sale of Products

1. 1. Under Australian law, to be eligible to be prescribed and purchase products from the Company, the Patient must first register and complete the confidential medical questionnaire to become a patient.
  2. To order, the Patient must be over 18, the owner of a valid debit or credit card, be the purchaser of the goods and have on record a valid prescription from one of our registered physicians (which we will provide included in the price of the goods).
  3. Once the Patients product has been delivered to their address, the Patient is responsible for these goods. The Company is not responsible should the product break, be stored incorrectly, or not used within the expiry date.

Confidential Medical Information

1. As a medical company, we value and uphold the Patients privacy at all times.
2. To provide the Patient with prescriptions and medical products, we are required by Australian Law to collect and store the Patient’s personal details and medical history.
3. All information collected by the Company, including sensitive medical information, is stored securely and is not shared.
4. When the Patient purchases products from our store, as part of the buying and selling process, we collect all required personal information from the Patient such as name, address, and contact details.
5. When the Patient browses our online store, the Company automatically receives the Patients computer’s internet protocol (IP) address in order to provide the Company with information about the Patients browser and operating system that helps to ensure any problems with the website are immediately dealt with by our IT department.
6. Email marketing (if applicable) – with the Patient’s permission, we may send them emails about specials, promotions, new products and other relevant updates.
7. When the Patient provides us with personal information to complete a transaction, verify your credit card, place an order or arrange for a delivery, the Company implies that you consent to our collecting of it and using it for that specific reason only.
8. If the Company asks for a secondary reason, such as marketing, we will ask you directly for your express consent and will provide the Patient with an opportunity to say yes or no.
9. If, after the Patient opts-in, the Patient changes their mind, they may withdraw their consent for the Company to contact them at any time. Please contact us at [email protected]

Individual Results

1. 1. Members of the Company’s Medical Team are not able to accurately predict individual results or performance and therefore cannot be held liable.
  2. Individual results of the available products will vary.

Orders

1. 1. Any purchase order is subject to acceptance by the Company.
  2. Acceptance thereof will be communicated via our online store or, if dealing outside of the store with one of the company sales representatives, acceptance will be communicated within 2 business days of receipt of an executed copy of the purchase order.
  3. Upon acceptance, this purchase order will become a binding agreement between the Patient and Company.
  4. After Acceptance, if the Patient wishes to cancel or vary the order, the Patient shall be liable for any costs of manufacture incurred by the Company up to the time that the Company has received notice of and acknowledged the Patient’s intent to cancel in writing.

Payment

1. 1. The Company uses ANZ Secure Gateway for its online transactions.
    1. ANZ Secure Gateway processes online credit card transactions, providing a safe and secure means of collecting payments online.
    2. When the Patient provides their payment information, the Company transmits it via an encrypted connection to ANZ.
    3. ANZ Secure Gateway uses and processes the Patients payment information in accordance with their Privacy Policy.
    4. All online credit card transactions performed on this site using the ANZ Secure Gateway are secured payments.
    5. Payments are fully automated with an immediate response.
    6. The Patients complete credit card number cannot be viewed by the Company or any outside party.
  2. The security of the Patients personal information is extremely important to the Company.
    1. When the Patient enters sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL).
    2. When credit card details are collected, the Company simply passes them on in order to be processed as required.
    3. The Company follows industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
    4. If the Patient has any questions about security on our website, they can email the Company at [email protected]

Data Retention

1. 1. When the Patient places an order through the Site, the Company will maintain the Patient’s Order Information for our records unless and until the Patient asks the Company to delete this information.

Disclosure

1. 1. The Company will not disclose any of the Patients information securely stored behind firewalls, except in the below circumstances.
  2. If required by law to disclose the Patients information, or if the Patient violates the Terms and Conditions, the Company may disclose such information.

Coupons and Discount Codes

1. 1. Coupons, discounts and sales are all a reduction of the administration and/or doctors fees and are not a discount to Schedule 4 medication.
  2. The Company reserves the right to edit, change or delete any sales, coupons or discounts without notice.

Delivery and Risk

1. 1. Delivery of goods shall be effected by the Company to the Patient:
    1. subject to availability; and
    2. without any liability on behalf of the Company for any delays.
  2. Once the goods have been delivered by the Company to the site of the Patient, all risk in and to the goods shall pass to the Patient.
  3. The Company is not responsible for the Patient’s package once it leaves the compounding pharmacy or warehouse. In accordance with Australian consumer rights, all risk of loss or damage to goods passes to the consumer once the package has been dispatched. When goods are in transit, the responsibility falls to the courier company.
    1. The company will ensure that all goods are packed securely and dispatched undamaged
    2. In the case of a lost or damaged delivery, the Company will not be responsible for issuing a refund or covering any loss or damage, and the Patient will need to report to the courier company as soon as possible to lodge a complaint. The Company will help in any way possible to ensure that the Patient has all appropriate documents required to substantiate a claim.
    3. When purchasing any product from the Company, the Patient agrees to accept delivery of the product. If the patient is not able to accept delivery, the Patient must advise the Company before any delivery is attempted.
    4. Any and all failed delivery attempts made by a courier will result in the goods being held by the courier. The Patient will be notified upon a failed delivery attempt and will need to contact the courier via the supplied information to re-arrange delivery or pickup from the courier’s depot.
    5. The Company will make reasonable attempts to contact the Patient before delivery to ensure the patient is able to accept the product.
    6. Depending on the contents on the order, it may be shipped from the Company warehouse or the compounding pharmacy.
      1. Some orders may come split into multiple packages depending on stock availability.
      2. The timeframes given on this page are only a guideline.
      3. Please use the tracking number provided to your email to stay aware of the delivery timeline.

Retention of Title

1. 1. Possession of goods from the Company shall pass to the Patient at the time of delivery.
    1. Notwithstanding the above, title and ownership of the goods shall only pass to the Patient when the Patient has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made in full, the Patient holds the goods as bailee for and on behalf of the Company.
  2. In the event the Company grants credit to a Patient where a larger order is placed;
    1. If the Patient fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Patient’s premises to retake possession of the goods without being liable for trespass.
    2. The Patient shall nevertheless be liable for any and all amounts still due to the Company by the Patient, less the value of the goods that the Company attributes to the goods at the time of such repossession.
    3. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
  3. Until the goods are paid for in full, the Patient shall:
    1. keep the goods on behalf of the Company fully insured against loss, damage and destruction;
    2. keep the goods clearly identifiable; and
    3. not grant any charge or mortgage over the goods, or otherwise encumber the goods.
  4. If the Patient sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Patient in trust for the Company and the Patient will hold them in a separate account pending its accounting to the Company.
    1. The Patient must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Patient’s property. Such financiers or third parties will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.

Recovery

1. 1. Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Patient, then the Patient specifically acknowledges and agrees that it shall be liable to the Company for all directly and indirectly related legal costs incurred by the Company.

Claims, Disclaimer of Warranties; Limitation of Liability

1. All claims for any damage and/or defect(s) in the goods purchased by the Patient must be made to the Company in writing within 3 days of the date of delivery of the goods, otherwise the goods are deemed to be accepted and in good order and condition.
2. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. The Patient is entitled to a replacement or refund for a major failure. The Patient is entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality, or due to a technical issue.
3. The Company aims to ensure all of our patients are satisfied with our products. Please contact the Company if you have any issues and we will do our best, within reason, to rectify any issues.
4. The Company does not guarantee, represent or warrant that the Patients use of our service will be uninterrupted, timely or error-free.
5. The Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6. The Patient agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the Patient.
7. The Patient expressly agrees that their use of, or inability to use, the service is at their sole risk. The service and all products and services delivered to the Patient through the service are (except as expressly stated by the Company) provided ‘as is’ and ‘as available’ for the Patients use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
8. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Patients use of any of the service or any products procured using the service, or for any other claim related in any way to their use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company liability shall be limited to the maximum extent permitted by law.

Products and Services

1. 1. The Company provide services within Australia and New Zealand only
  2. The Company reserves the right to refuse the supply of products to individuals for medical or geographic reasons
  3. The Company has made every effort to display as accurately as possible the colours and images of the products that appear on the website.
  4. The Company reserves the right, but is not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction
  5. The Company reserves the right to limit the quantities of any products or services that they offer.
  6. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Company.
  7. The Company reserves the right to discontinue any product at any time.
  8. Any offer for any product or service made on the website is void where prohibited
  9. The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Patient will meet their expectations, or that any errors in the Service will be corrected.

Returns & Refunds

1. 1. The Company does not, under any circumstances, accept returns for changes of mind.

Accuracy of Billing and Account Information

1. The Company reserves the right to refuse any order the Patient places.
2. The Company may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
  1. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
  2. In the event that the Company makes a change to or cancel an order, the Company may attempt to notify the Patient by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  3. The Company reserves the right to limit or prohibit orders that, in the Company’s sole judgement, appear to be placed by dealers, resellers or distributors.
3. The Patient agrees to provide current, complete and accurate purchase and account information for all purchases made via our website.
4. The Patient agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that the Company can complete the Patients transactions and contact the Patient as needed.

Optional Tools

1. 1. The Company may provide the Patient with access to third-party tools over which we neither monitor nor have any control nor input.
  2. The Patient acknowledges and agrees that the Company provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to the Patients use of optional third-party tools.
  3. Any use by the Patient of optional tools offered through the site is entirely at the Patient’s own risk and discretion and the Patient should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  4. The Company may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

1. 1. Certain content, products and services available via the Company may include materials sourced from third parties.
  2. Third-party links on this site may direct the Patient to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and the Company does not warrant and will not have any liability or responsibility for any third-party materials or website.
  3. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Patient is responsible for reviewing the third-party’s policies and practices carefully, and making sure they understand the policies and practices before engaging in any transaction.
  4. Any complaint, claim, questions, concerns, or feedback regarding third-party products should be directed to the third-party.

Third Party Services

1. 1. Any information collected by third-party providers will not involve the Company. The Company suggests referring to the Third Parties Terms & Conditions, and Privacy Statements.
    1. This includes links to any third-party websites via our website.
  2. The Company is not responsible for any views expressed by guest writers on or off the Company website

User Comments, Feedback, and Other Submissions

1. 1. By making any suggestions, proposals, plans, ideas, or other materials made to the Company, whether online, in writing, by email, or to our contact page, by postal mail, or via one of our Social Media platforms, the Patient agrees that the Company may, at any time, without restriction, edit, copy, publish and distribute and otherwise use in any medium.
  2. The Company is under no obligation to maintain comments in confidence, to pay compensation for any comments or to reply to any comments.
  3. The Company reserves the right to edit or remove content that we determine rude, unlawful, offensive, obscene or for any other unstated reason.
  4. The Company reserves the right to block or remove individuals from any communications from our company if any of the above are deemed to be violated.
  5. The Patient agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
  6. The Patient further agrees that their comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
  7. The Patient may not use a false e-mail address, pretend to be someone other than themself, or otherwise mislead the Company or third-parties as to the origin of any comments.
  8. The Patient is solely responsible for any comments they make and their accuracy.
  9. The Company takes no responsibility and assumes no liability for any comments posted by the Patient or any third-party.

Images, Copyright, Licensing and Usage

1. 1. Images used in the Company website are for general reference only.
  2. All photographed images and illustrations, and all other writing and content on this website are the property and copyright of the Company.
  3. Images and website content owned by the Company and managed by it, are protected under Australian and international copyright laws.
    1. No images or content, or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from the Company.
    2. The Company is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.
  4. All the Company images and content requested and purchased through it are offered on an individual licence basis and are non-exclusive.
    1. The copyright of the image is always retained by the Company.
    2. The licences serve to protect the rights of the Company.
    3. When an image is licensed, there will be standard terms and conditions of use outlined with the specific usage rights. This takes effect once the licence has been agreed, with the full Company licensing and purchasing terms.
    4. Please contact the Company should you require these terms or further information.
  5. When images or content are licensed by the Company, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further, prior agreement by the Company.
    1. The licence will state the media use, duration rights and the territories for the usage.
    2. Reproduction of an image may only take place once licence terms have been agreed and a licence granted, and all confirmed in writing.
    3. Following the Company permission to use an image or content, all images or content must be destroyed after use or on expiry of the licence term and must not be stored beyond this date unless our express permission is given in writing by the Company.
    4. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright. As a result, The Company reserves the right to claim any damages that this incurs.
  6. By downloading images or any content from our website, either as a new payment or with an agreed pricing arrangement with the Company, you are agreeing to the Companies non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the licence.
  7. A fee is generally payable to licence any rights-managed image or content.
    1. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run and distribution territory.
    2. The Company calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the licence.
    3. If an invoice issued by the Company for the usage fee is not paid in full by the terms of the invoice, the licence will be cancelled, and non-payment will be considered as a breach of these terms. As a result, the Company reserves the right to claim any damages that this incurs.
    4. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by the Company under licence in accordance with these terms.
  8. The rights to alter any image or content rests with the Company and its opinion and express consent must be sought and agreed to on any alteration request.
  9. All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.
  10. With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work.
    1. The credit line should read RegenMed Direct.
    2. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section.
    3. For all commercial and advertising uses, the Company requests that the licensee would use reasonable effort to provide the same credit line.
    4. Failure to do so may incur an additional charge of 20% of the original licence fee.
    5. The Company requests at least two copies of any publication featuring an image reproduction upon publication.
  11. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc.
    1. The licensee shall indemnify and hold the Company harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
      1. No release was furnished by the Company in writing,
      2. The use of any images exceeds the scope of the release provided by the Company
  12. The licensee will also indemnify and hold the Company harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images and content, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. The Company’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. The Company makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.

Errors, Inaccuracies and Omissions

1. 1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. The Company undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Indemnification

1. 1. The Patient agrees to indemnify, defend and hold harmless RegenMed Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

1. 1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

1. 1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms of Service are effective unless and until terminated by either the Patient or Company. The Patient may terminate these Terms of Service at any time by notifying the Company in writing that they no longer wish to use the Services, or when the Patient ceases using our site.
  3. If in our sole judgement the Patient fails, or the Company suspects that the Patient has failed to comply with any term or provision of these Terms of Service, the Company may also terminate this agreement at any time without notice and the Patient will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Changes to Terms of Service

1. 1. The Patient can review the most current version of the Terms of Service at any time on this page.
  2. The Company may update the terms of service and/or privacy policy from time to time in order to reflect; changes to Company practices or for other operational, legal or regulatory reasons.
  3. The Company reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the Patient’s responsibility to check the website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Entire Agreement

1. 1. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules posted by the Company on this site or in respect to The Service constitutes the entire agreement and understanding between the Patient and the Company and govern the Patients use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Patient and the Company (including, but not limited to, any prior versions of the Terms of Service).
  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law and Jurisdiction

1. 1. This agreement is governed by the laws of Queensland, Australia whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded, save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.
  2. The Company reserves the right to change these terms: privacy policy, prices, information and licence terms, featured on this website without notice. No action of the Company, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or privacy policy. Should any clause of these terms or privacy policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Questions and Contact Information

1. If you would like to contact the Company, access information provided to use, have questions about the Terms and Conditions, want amend or delete any personal information we have on file, or simply want more information, please contact us at [email protected]

PRIVACY POLICY

This Privacy Policy describes how the patient’s personal information is collected, used, and shared when you visit or make a purchase from www.regenmeddirect.com.au (the “Site”).

Personal Information we Collect

1. 1. When the Patient visits the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.
  2. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
  3. We collect Device Information using the following technologies:
    1. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
    2. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
    3. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site
  4. Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, PayPal, or Afterpay), email address, and phone number. We refer to this information as “Order Information.”
  5. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How we use your personal information

1. 1. The Company uses the Order Information that is collected to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).
  2. Additionally, the Company uses this Order Information to:
    1. Communicate with you;
    2. Screen our orders for potential risk or fraud; and
    3. When in line with the preferences the Patient has shared with the Company, provide the Patient with information or advertising relating to the Company products or services.
  3. The Company uses the Device Information that is collected to help us screen for potential risk and fraud (in particular, the Patients IP address), and more generally to improve and optimise the Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your Personal Information

1. 1. The Company uses Google Analytics to help us understand how our customers use the Site– you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.
  2. The Patient can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  3. The Company may also share the Patient’s Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

1. 1. The Company uses the Patient’s Personal Information to provide the Patient with targeted advertisements or marketing communications the Company believes the Patient may be interested in.
  2. For more information about how targeted advertising works, the Patient can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
  3. You can opt out of targeted advertising by:
    1. Facebook – https://www.facebook.com/settings/?tab=ads
    2. Google – https://www.google.com/settings/ads/anonymous
    3. Additionally, the Patient can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

Do Not Track

1. Please note that the Company does not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.