Terms and Conditions
Access to and use of the Agility Medical website (the ‘Website’) is subject to the following terms and conditions. This website is owned and operated by Chawla Group Pty. Ltd t/a Agility Medical (AM) only. By using the Website, you agree to all of the terms and conditions, which we may update from time to time without notice. You should check this page regularly and take notice of any changes made. If you do not wish to be bound by the Terms, you should not access or use the Website. If you have any queries regarding these Terms, please contact us at info@agilitymedical.com.au.
Disclaimer
AM has used its best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (‘Content’) are correct and up-to-date at the time of publication. AM does not represent or warrant the accuracy or completeness of the Content and does not remain liable for any errors, omissions, or defects. Depending on the resolution of the screen you use to access the Website, the colours of products displayed on this Website may not constitute an accurate depiction of the item’s true colour.
To the extent permitted by law, AM and its directors, employees, agents, and contractors exclude all liability for any consequential, indirect or incidental loss or for any with respect to consumers’ sleep health and overall health (inclusive of customers’ airflow and respiratory system), income, business or goodwill, that occurs as a result of your use or access of this Website, and/or from you using or relying on the Content, whether or not it’s caused by any negligent act or oversight on our part or by CPAP Machine Sale’s associated entities.
Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on AM that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which AM is able to do so, our liability will be limited to resupplying the Content.
Security
AM does not guarantee the security of using this site or any systems used to access this site.
Further information about security in relation to your personal information can be found in our Privacy Policy.
Third-Party Sites
The Website may contain hyperlinks to sites operated by third parties. AM does not control these linked sites, and we are therefore not responsible for the content of those sites. Links are provided solely for your own convenience, and the product/item sale’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk.
Intellectual Property
- Copyright All Content contained on this Website is protected by Australian and international copyright laws unless indicated otherwise on this site. You may view this site and the Content using your web browser and/or smartphone and save an electronic copy or print out a copy of the Content or parts of this site for your information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by AM and then only according to the conditions as stipulated by AM, and (b) include the copyright notice “© Agility Medical ” on the copy.
- Trademark Notice This site contains registered trademarks that are, unless shown otherwise, either owned or licensed by AM and are protected under the laws of Australia and other countries. You must not use AM trademarks, except (a) by saving or printing out a copy of this site as allowed under the copyright notice set out above; (b) as part of a legitimate reference to AM or an AM product or (c) with product/item sale’s prior written consent.
- Intellectual Property in Designs This Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. AM takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by AM in writing.
The use of any trademarks on this site that are not owned or licensed by AM is not intended to indicate any association with, or endorsement by, the owner of that trademark.
Making electronic or other copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.
Applicable Law
By accessing the Website, you accept that any disputes about this site or its Content are to be determined by the courts having jurisdiction in Queensland, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
As this site can be accessed throughout Australia and overseas, AM does not represent that the Content complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility and are responsible for making sure you comply with all applicable laws in the place you are located.
Purchases and payments
Customers must provide AM with complete and accurate details when making purchases. AM is not liable if we are given an incorrect delivery address at the time of purchase. Any additional expenses in correcting the order are the responsibility of the customer.
All prices quoted are in Australian dollars (AUD) and include GST. Costs related to international orders are calculated using an integrated currency converter. AM is not responsible for varying currency conversion rates charged by customers’ banks.
Payment is processed through Visa, American Express, Mastercard, and Paypal.
If purchasing through Paypal, upon checkout, customers will be redirected to the PayPal website, where they can select their payment method. However, customers don’t need a PayPal account to shop with AM.
Zip pay or Humm service is available on Australian orders only. Customers will be redirected to these respective websites at checkout to complete the transaction. To be eligible for Zip pay or Humm, customers must have an existing Australian Visa or Mastercard debit/credit card, be over 18 years of age, and live in Australia. To see these complete terms, visit https://account.zipmoney.com.au/.
Customers will receive an invoice confirming the order once AM gets payment. Some orders may be subject to fraud checks by the AM staff; this means you may be required to provide additional identification to verify your transaction.
Discount Codes, Sales and Promotions
Price discounts are in AUD. Products, prices, promotions, sales, and discount codes are only available online and cannot be used to purchase gift cards or in conjunction with any other offers.
Order Processing
Orders are processed on business days (Monday through Friday), excluding public holidays in Queensland.
Customers will be provided with tracking numbers once orders are shipped out.
Please refer to our shipping policy for further information.
In the event that a parcel is not claimed/refused by the receiver, will attempt re-delivery. If our team is unable to arrange a re-delivery by the cut-off time, the parcel will be returned if in Australia or destroyed and abandoned by authorities in the receiver’s country. Consequently, no refunds for packages that are not claimed or refused.
Fraud
AM takes every measure against credit card fraud. If we suspect a customer’s order may be fraudulent, we will contact the customer to confirm certain details. If the customer refuses to respond with the required information within seven working days, we reserve the right to cancel the order.
Cancellation
AM reserves the right to cancel any order if we cannot provide the requested products. Customers will be immediately contacted in these cases.
AM is not liable to compensate for any loss, expense or inconvenience customers may face as a result of cancellation.
