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TabTimer Terms and Conditions (‘Terms’)
TabTimer Pty Ltd (‘TabTimer’, ‘TabTimer.com.au’, ‘we’ or ‘us’), would ask that you take the time to read these Terms and Conditions carefully. They explain a number of things including, for example, the rules covering your use of the TabTimer site as well as other information regarding your rights.
TabTimer Pty Ltd ABN 99 137 415 948 (TabTimer)
Effective 01/06/2009
1. Acknowledgement
a. Upon any use of any products or services offered by TabTimer you acknowledge that you have read and agree to be bound by all of the following terms and conditions of trade in relation to the agreement with TabTimer Pty Ltd ABN 99 137 415 948 trading as TabTimer.
2. Responsibility for correct use of products
a. TabTimer products are intended to be used as a supplement only to any memory system currently used as a reminder to take medications. The purchaser, user or care giver maintains full responsibility to administer correct alarms and correct medications at appropriate times, as directed by health professionals.
b. Your health professional should be consulted prior to using any TabTimer product to establish the suitability of a TabTimer product for use, administration or storage of any medications.
c. The accuracy of alarms that TabTimer products can provide is entirely dependent upon the correctness of the details entered into it. It is the purchasers', users' or care givers' responsibility to ensure that the information and alarms set in the TabTimer product are correct and adequate battery levels are maintained at all times. If in doubt, seek help from a family member or medical professional.
d. TabTimer Pty Ltd assumes no responsibility for any incidental or consequential damages, including but without limitation, damages or injuries resulting from incorrect settings or malfunction of TabTimer products. TabTimer Pty Ltd’s liability is limited to the cost of repair or replacement, at our option, of any defective part or product and shall in no event include incidental or consequential damages of any kind and shall in no circumstances exceed the amounts paid by the purchaser for the product.
TabTimer’s full terms and conditions are set out below.
1. Acknowledgement
2. Responsibility for correct use of products
3. Interpretation
4. The parties, the Website, access and legal documentation
5. Prior agreements
6. Variation
7. Service Description
8. Information and Privacy
9. Security
10. Confidentiality
11. Your Warranties
12. Pricing
13. Orders
14. Payment
15. Credit Card Payments
16. Cancellation
17. Default of Customer
18. Delivery
19. Software
20. Inspection and acceptance
21. Title and risk
22. Warranty
23. Returns
24. Force majeure
25. Credit assessment
26. General Disclaimer
27. Links to Other Sites
28. Liability
29. Disclaimer and limitation of liability
30. Other Limitation of Liability
31. Indemnification
32. Trademarks of TabTimer and its affiliates
33. Intellectual Property and Copyright
34. Consent
35. No partnership or employment
36. No assignment
37. Further assurance
38. Severability
39. Notices
40. Accessibility
41. Site information and downtime
42. Enforcement of rights
43. Termination
44. Governing Law and Jurisdiction
45. Finally - If in doubt, talk to us
3. Interpretation
a. In these terms:
i. 'We', 'us' and 'our' includes TabTimer Pty Ltd and it associated entities, our employees, representatives and associates;
ii. ‘TabTimer’ means TabTimer Pty Limited (ABN 99 137 415 948);
iii. 'You', 'your', 'entity' and 'party' includes your executors, administrators, successors and permitted assigns. If 'you' consists of more than one person this contract binds them jointly and each of them severally;
iv. ‘Customer’ means the person, business or company that is the purchaser or user of the Products;
v. ‘Products’ means any products (including software) or services (where applicable) supplied by TabTimer and described in TabTimer’s invoice;
vi. ‘Including' and similar expressions are not words of limitation;
vii. ‘Terms’ refers to these Terms and Conditions;
viii. ‘Sales Contract’ means any sales contract or distribution agreement entered into by Customer and TabTimer in respect of the Products and services supplied to Customer in which these Terms are deemed to be incorporated;
ix. All monetary amounts are in Australian dollars showing the AU$ symbol, unless otherwise stated;
x. Headings are for convenience only and do not affect the interpretation, or form part of this contract;
xi. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have corresponding meaning;
xii. If an act must be done on a specific business day, which is not a Business Day, the act must be done instead on the next Business Day;
b. A reference in these Terms to:
i. the singular includes the plural and vice versa;
ii. the word ‘including’ means ‘including, but not limited to’, and the word ‘includes’ means ‘includes, without limitation’;
iii. A reference to a gender includes all genders; and
iv. a reference to a person (including a party) includes an individual, company, other body corporate, partnership, firm, joint venture, or a trust.
4. The parties, the website, access and legal documentation
a. This website is owned and operated by TabTimer - TabTimer Pty Ltd ABN 99 137 415 948.
b. This website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the ‘Authorised Purposes’):
i) access as presented on this website information about TabTimer, the terms of the relationship between the Customer and TabTimer, and the goods and/or services presented on this website, and
ii) communicate to TabTimer the Customer's desire to purchase goods and/or services presented on this website. The Customer must use this website solely for the Authorised Purposes.
c. Upon account opening, TabTimer will provide the Customer with a username and password which the Customer may use to gain access to the secure areas of this website.
d. Access to the secure areas of this website is restricted to:
i) persons who are authorised customers of TabTimer (‘Customer’), and
ii) Internet access providers who provide their subscribers with access to the world wide web (‘IAP’). Access by any other person to the secure areas of this website is strictly prohibited.
e. Access to this website by each Customer or IAP is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document (‘Terms and Conditions').
5. Prior agreements
a. These Terms and any document(s) referred to in them constitute the entire agreement about TabTimer’s supply of the products and services to customer and supersedes all prior understandings, arrangements and agreements (whether written or oral) between you and TabTimer Pty Ltd. All prior agreements and arrangements relating to you are superseded and hereby cancelled.
6. Variation
a. In keeping with our policy of product review, and to provide the customer with up to date products and services there may be changes from time to time. TabTimer Pty Ltd reserves the right to introduce new products and services or change the products and services available at any time, without prior notice.
b. TabTimer Pty Ltd reserves the right to modify and amend the terms and conditions of this agreement from time to time without prior notice to you.
c. TabTimer will provide notifications of any variation, amendments and or additions by posting them on the TabTimer web site and they shall be binding on you from the date on which they are stated to take effect. No oral variation shall be enforceable by or against each party.
d. You are responsible for reviewing these Terms and Conditions regularly to view any changes which may have been made. By continuing to use the site, our products or our services after these Terms and Conditions have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.
7. Service Description
a. TabTimer provides medication reminder devices and related products and services.
b. Available products and services include, but are not limited to; medication reminder devices, multiple alarm devices, single alarm devices, parts and accessories, reminder watches, pet medication reminders, software applications, subscription to TabTimer’s newsletters, and registration to create a ‘Sign-in’ to TabTimer’s website.
8. Information and Privacy
a. Information collected by TabTimer may be used in accordance with our Privacy Policy which may be amended from time to time. You agree to accept the Privacy Policy and agree to regularly review our Privacy Policy which is available on our website at www.tabtimer.com.au.
b. You agree to provide accurate, complete and up-to-date information in the required fields when registering with us and agree to keep this information up to date.
c. We do not sell your personal details. In order to operate correctly we may store some of your information in databases which are saved on networks and cloud storage systems that may be located overseas. By accepting our terms and conditions you consent to the disclosure of your personal data to our overseas suppliers.
d. For a more detailed explanation of how we will collect, use and store your personal information, and our commitment to protecting your privacy, please see our Privacy Policy.
9. Security
a. You agree to keep your username and password confidential and not disclosed to any third party, for whatever reason, as you will be responsible for the use of your TabTimer profile.
b. You may disclose the username and password to your representative to whom you wish to authorise to access the secure areas of this website and/or place orders on your behalf.
c. You are responsible for all acts or omissions that occur under your account or password, including subscriptions and purchases made through the TabTimer website.
d. You agree and acknowledge that TabTimer shall not be liable to you or any other person for; performance, security, reliability, and competence in the use of the internet, telecommunications companies, internet service providers in transmitting information, and security of any information transmitted on the internet.
e. You will not create a false identity for the purpose of misleading others as to the true identity of the user.
f. The customer must inform TabTimer immediately if the username or any password is disclosed in any manner contrary to the Terms and Conditions.
g. Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of TabTimer or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.
h. Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. You will be held liable for, and indemnify TabTimer for, all costs and damages, attributable to your unauthorised activities or disruptions.
10. Confidentiality
a. Customer acknowledges that TabTimer has disclosed and may from time to time disclose to customer certain confidential information and documentation of TabTimer relating to the products, their marketing, their use, maintenance and software, including technical specifications (‘Confidential Information’).
b. Subject to clause 10(e), Customer must:
i. only use the Confidential Information solely for the purposes contemplated under any relevant sales contract; and
ii. not, during the continuation of such sales contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information.
c. If disclosure of Confidential Information to third parties is necessary, Customer will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Customer is bound to protect TabTimer’s Confidential Information under this clause 10.
d. Upon the expiry or termination of any relevant Sales Contract, Customer must cease to use and must return or destroy (as TabTimer may instruct) TabTimer’s Confidential Information in its possession or control.
e. The provisions of this clause 10 do not extend to any information which is:
i. at the time of disclosure, rightfully known to or in the possession or control of Customer and which is not subject to an obligation or confidentiality;
ii. public knowledge (otherwise than as a result of a breach of this clause 10 or any other obligation of confidentiality);
iii. approved in writing by an authorised officer of TabTimer to be disclosed; or
iv. required to be disclosed by a government authority or by relevant laws provided that notice of any such required disclosure is first given to TabTimer.
11. Your Warranties
a. By accessing the site, registering with us, or providing us with any of your personal information, you'll be representing and warranting that you are 18 or older, that you have the legal right and ability to enter this agreement, and that you agree to these Terms and Conditions.
b. If you are under 18 years old, please do not attempt to register with www.tabtimer.com.au and do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details provided by them from our site and our records.
c. You expressly agree that the use of TabTimer products and services is at your sole risk and you will be financially responsible for your use of TabTimer products and services as well as for use of your account by others, including minors living with you and to comply with your responsibilities and obligations as stated in this Agreement. You will not rely on any representation or warranty whether expressed or implied, made by any person other than an authorised representative of TabTimer, in evaluating the TabTimer products and/or services.
d. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of TabTimer services is done at your own risk and you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
12. Pricing
a. The price of the products will be TabTimer’s quoted price. All prices quoted and invoiced shall be inclusive of Goods & Services Tax ("GST") and any other Australian taxes where applicable or as required by law, unless otherwise stated.
b. International customers outside Australia are responsible for any additional local taxes and customs duties payable.
c. Postage, handling, and delivery are in addition and not included in the product price.
d. TabTimer reserves the right to change prices at any time.
13. Orders
a. Notwithstanding anything in the Terms and Conditions or any other agreement between the Customer and TabTimer, all orders for products placed by Customer are subject to acceptance by TabTimer, and no order will be deemed to have been accepted by TabTimer unless products are supplied or a back-order or delivery delay is confirmed in writing by TabTimer to Customer.
b. Where you have ordered and paid for a product that has become unavailable for any reason, and you do not wish to accept another product presented by TabTimer as a replacement, TabTimer reserves the right to provide a full refund of amounts paid in lieu of supply of the product. TabTimer may reject any order placed by Customer if there is an insufficient supply of products which prevents TabTimer from being able to fulfil such order.
c. TabTimer reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer's account or credit status.
d. TabTimer will not be bound by any terms attaching to Customer's order and, unless those terms are expressly agreed to in writing by an authorised representative of TabTimer, Customer agrees that those terms are hereby excluded.
e. The Customer expressly authorises TabTimer to communicate with it via e-mail regarding any order the Customer places on this website, the Customer's account and/or credit status and other confidential information including the password which the Customer must enter to access this website. TabTimer will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to TabTimer either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to TabTimer as part of its application to gain access to this website.
14. Payment
a. You agree to pre-pay for any products and services purchased from us in accordance with any rendered Tax Invoice. Payment is required prior to delivery of the products to Customer unless agreed otherwise in writing by an authorised officer of TabTimer. If Customer fails to make payment in accordance with this clause after demand for payment, all amounts owing by Customer to TabTimer on any account will immediately become due and payable together with legal costs of enforcement.
b. TabTimer may, in its sole discretion; suspend the provision of credit to Customer until all amounts owing are paid for in full; and from time to time and at any time, vary or cancel any credit facility it makes available to Customer.
c. Customer will be liable to pay interest on any overdue amount at the annual rate of 2% above the prevailing base lending rate quoted by the Westpac Banking Corporation. Interest will accrue daily from the date payment became overdue until TabTimer has received payment of the overdue amount, together with any interest accrued.
d. Customer must pay TabTimer, on demand, any tax (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt or other transaction contemplated by these Terms, including any goods and services or value-added tax, customs duty, sales tax, excise duty, stamp duty, other duty, governmental charge, fee, levy or impost, together with any fine, penalty or interest payable because of a default by Customer.
e. Customer shall pay the full amount due to TabTimer under this clause and shall not deduct from that amount any tax in relation to purchase of the products. Customer shall reimburse TabTimer for any taxes TabTimer pays on its behalf.
15. Credit Card Payments
a. When you order online, you need to provide your name, e-mail address, mailing address, contact details, credit card number and card expiration date. This enables us to process your order and to notify you regarding its status.
b. By its nature, we cannot guarantee that information transmitted on the internet is 100% secure. To reduce this risk, we use a secure server for online credit cards transactions with up to date encryption methods. Information on this secure server is not available to TabTimer staff. However, these transactions are undertaken at your risk, as we cannot ensure the security of any information you transmit.
c. Your card issuer's agreement governs your use of your designated card in connection with TabTimer, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
d. If the payment method for your TabTimer account is by credit or debit card and payment is not received by TabTimer from the card issuer or its agents, you agree to pay all amounts due upon demand by TabTimer.
e. TabTimer reserves the right to suspend or terminate your TabTimer purchase without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to TabTimer when TabTimer believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to TabTimer.
16. Cancellation
a. If the Customer wishes to cancel any order, it must do so by telephoning TabTimer immediately. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left TabTimer’s premises for shipping regardless of when this occurs.
b. Unless otherwise agreed in writing by an authorised officer of TabTimer, Customer may not cancel an order which has been accepted by TabTimer.
c. If Customer's right of cancellation is agreed to by an authorised officer of TabTimer in writing, the right must be exercised by notice in writing from Customer to TabTimer not later than 7 days before the estimated date of shipment by the manufacturer or TabTimer (as the case may be).
d. Unless otherwise agreed between Customer and TabTimer, upon cancellation prior to shipment, any deposit paid by Customer will be forfeited to TabTimer.
e. TabTimer’s Refunds and Returns Policy will apply to all items which the Customer wishes to return.
17. Default of Customer
a. Without prejudice to any of TabTimer's other rights under these Terms, if Customer fails to make any payment due to TabTimer under these Terms, TabTimer may, in its sole discretion, and without further liability to Customer; refuse to make further supplies to Customer under the relevant sales contract; and/or terminate the sales contract without notice.
18. Delivery
a. Delivery times advised to Customer are estimates only and TabTimer will not be liable for any loss, damage or delay suffered or incurred by Customer or its customers arising from late or non-delivery of the products.
b. TabTimer may make part deliveries of any order, and each part delivery will constitute a separate supply of the products upon these Terms.
19. Software
a. To the extent that a product supplied under these Terms is a software product then, in addition to these Terms, that product will be supplied subject to the terms and conditions of the relevant licence agreement applicable to it.
b. Software licence agreements may be packaged with the software, may be separately provided to Customer for execution, or may require on-screen acceptance by Customer. Customer agrees to use the software product in accordance with the terms and conditions of the relevant licence agreement.
c. Where the term ‘supply’ is used in these Terms to refer to a software product, such term means the sale and purchase of the licence to use that software product.
20. Inspection and acceptance
a. Customer must in the case of all products ordered (other than software products), inspect such products upon delivery to Customer's premises; or in the case of software products, test or inspect such software products upon those products being authorised by TabTimer for downloading by Customer, and must, within 14 days of delivery or downloading (as the case may be), give written notice to TabTimer of any matter or thing by which Customer alleges that the products do not accord with Customer's order. Failing such notice and to the extent permitted by law, the products will be deemed to have been accepted by Customer.
21. Title and risk
a. Products supplied by TabTimer to Customer will be at customer's risk immediately upon:
i. delivery of the products to the Customer, Customer's agent or into the Customer's custody or control; or
ii. collection of the products by the Customer's nominated carrier or agent.
b. Customer must:
i. effect and maintain with a reputable insurance company insurance for the products, at its cost, against all risks as it thinks appropriate;
ii. note the interest of TabTimer on the insurance policy; and
iii. produce a certificate of currency of the insurance effected by Customer under this clause 21(b) to TabTimer, upon request.
c. Risk in the products will remain with Customer at all times unless TabTimer retakes possession of the products in accordance with clause 21(f)(ii).
d. Title in the products supplied by TabTimer to Customer will not pass to Customer and will remain the absolute property of TabTimer until such time as TabTimer has been paid by Customer all monies due and owing to it by the Customer in relation to any account. Title to those products which are software remains with TabTimer and/or the applicable third party licensor(s) at all times.
e. Until the products have been paid for:
i. Customer must properly segregate and store the products in such manner as to clearly indicate that they are the property of TabTimer; and
ii. Customer may sell the products and shall keep records of the products in the ordinary course of its business as fiduciary agent for TabTimer and Customer agrees to deposit all proceeds of any such sale (including any proceeds received from any insurance claims) in a separate bank account and agrees not to mix the proceeds with any other monies and hold the monies on trust for TabTimer and shall immediately account for such proceeds to TabTimer.
f. If Customer has breached these Terms or the terms of any relevant sales contract, customer authorises TabTimer, at any time, to enter onto any premises upon which TabTimer's products are stored to enable TabTimer to:
i. inspect the products; and/or
ii. reclaim the products.
g. If Customer sells, disposes of or otherwise deals with products or any part thereof before full payment has been received by TabTimer, customer must advise TabTimer in writing, at such times as we may request, specifying full details of the products sold, disposed of, utilised or otherwise dealt with.
h. Customer acknowledges that in the case of software products, any refusal or failure to pay may result in cancellation of the licence to use the software product.
i. Customer agrees that the provisions of this clause 21 apply despite any arrangement under which TabTimer grants credit to Customer.
22. Warranty
a. Products are covered by manufacturers' warranty. To the extent permitted by law, TabTimer’s entire responsibility with respect to warranties for the products is to pass on to customer the benefit of any such warranties. Subject to clause 22(c), software products are not warranted by TabTimer under these Terms. Such software products are warranted in accordance with the relevant licence agreements governing their use.
b. To the extent permitted by law, the manufacturers' warranties referred to in clause 22(a) are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
c. Certain legislation may imply warranties or conditions or impose obligations upon TabTimer which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified, except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which TabTimer is able to do so, its liability will be limited, at its option, to:
i. in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and
ii. in the case of services: the supply of the services again; or the payment of the reasonable cost of having the services supplied again.
d. TabTimer does not warrant that repair facilities or parts will be available in respect of any of the products.
e. TabTimer expressly disclaims all warranties of any kind whether express or implied.
f. TabTimer makes no warranties that TabTimer products or services will meet your requirements, or that TabTimer services will be uninterrupted, secure, or error free, or the results that may be obtained from the use of TabTimer services, or to the accuracy or reliability of any communication or transmission of data, or the accuracy of any information obtained through TabTimer products or services or that defects in the software will be corrected.
23. Returns
a. Customer must notify TabTimer in writing of any products it wishes to return within 14 days from the date of the invoice relating to those products.
b. Returns will be subject to TabTimer’s ‘Refund and Returns Policy’ as advised to Customer and amended by TabTimer from time to time, the current version of which is set out on www.tabtimer.com.au (‘Refund and Returns Policy’).
c. Each claim for the return of products by Customer will be dealt with in accordance with the ‘Refund and Returns Policy’. Any substitute products to be shipped to Customer in accordance with the Refund and Returns Policy will be sent by TabTimer to Customer by ordinary freight pre-paid.
d. TabTimer will not be liable for any damage or defects in the products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of TabTimer products.
e. The provisions of this clause do not extend to any products which have been added to, varied, or otherwise modified by, any person other than TabTimer.
24. Force majeure
a. If the performance of TabTimer’s obligations under these Terms or any relevant sales contract is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of TabTimer, TabTimer will give notice of such cause to Customer and after 60 days from the receipt by Customer of such notice, either party may terminate the relevant sales contract without penalty.
25. Credit assessment
a. If any products are supplied to Customer on credit, TabTimer may need to disclose to a credit reporting agency certain information about Customer when assessing Customer's application for credit and managing Customer's account with TabTimer. Customer authorises TabTimer to disclose such information to a credit reporting agency for these purposes.
b. Subject to TabTimer’s obligations under the Privacy Act 1988 (Cth) as amended and any other applicable laws, TabTimer may provide the information referred to in clause 25(c) to a credit reporting agency to obtain a consumer credit report about Customer or to allow the credit reporting agency to create or maintain a credit information file about Customer. Customer agrees that TabTimer may disclose a credit report about it to any credit provider, debt collecting agency or TabTimer’s insurers for the purposes of assessing Customer's creditworthiness or to collect any overdue payments (as the case may be).
c. TabTimer may disclose the following information relating to Customer;
i. Customer's name and address;
ii. credit limits on Customer's accounts;
iii. the amount of any payments which are overdue for at least 60 days;
iv. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
v. Any method of payment including, but not limited to, cheques, electronic funds transfer, Bpay, credit card payments which have been dishonoured;
vi. information that, in the opinion of TabTimer, Customer has committed a serious credit infringement; and
vii. information that TabTimer has ceased to supply the products and services to customer.
d. Customer agrees that TabTimer may obtain information about Customer from any business which provides information about the commercial creditworthiness of persons for the purposes of assessing Customer's application to purchase the products on credit and collecting any overdue amounts.
e. TabTimer may refuse to supply the products to Customer on credit on the basis of TabTimer’s credit assessment of Customer.
26. General Disclaimer
a. All information contained herein is a general outline of the subject matter, and has been entered by TabTimer its employees, representatives and associates in the honest belief that it is true, accurate and is not misleading. TabTimer must, however, rely on the integrity of the sources that provide TabTimer with that information. Accordingly, TabTimer its employees, representatives and associates do not warrant, guarantee or make any representations regarding the currency, accuracy, correctness, reliability, usability, or any other aspect, of the information nor of information provided by others to TabTimer and presented on this website, nor of material provided by others and accessed from this site using links or connections to their websites. The user accepts sole responsibility and all risk for using the information. TabTimer does not accept any liability for any loss or damage whatsoever which may arise as a result of using this web site or any of the information. All rights reserved.
b. While we strive to keep the information on this site accurate, complete, and up-to-date, we and our suppliers cannot guarantee that all information on this site will be error free. Accordingly, we and our suppliers will not be liable for any errors appearing on this site. This does not affect our statutory warranty under the Trade Practices Act 1974 that we will conduct our services with due care and skill.
27. Links to Other Sites
a. Our site contains amongst other things, convenient links to other third party websites, resources, products, software, advertisements or sponsorships.
b. If you choose to access any of these links, you will be leaving www.tabtimer.com.au and since we don't have any control over these sites, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those sites. The customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this website does not imply any endorsement of the linked website by TabTimer, its affiliates or their directors or employees. The customer links to any such website entirely at its own risk.
c. We make reasonable efforts to place accurate, current content on our site. However, we make no warranties or representations as to its accuracy and we assume no liability or responsibility for any errors or omissions in the site content.
d. We do not warrant the functions contained in any hyperlink or web page provided by us will be uninterrupted or error-free, that defects will be corrected, or that the site or its servers are free of viruses or other harmful components.
e. In some instances, the Customer may accept a link to a third party website and execute a relevant transaction. Such offers are made by the third party advertisers and not TabTimer, and the third party advertisers are solely responsible to the customer for the delivery of any goods or services the customer purchases on the third party websites.
f. Any views expressed in such third party websites may not represent the views of TabTimer and we shall not be responsible or liable for any third party content or for the consequences of the use of it.
g. We are not liable for any loss or damage which may be suffered as a result of the use of such links and third party sites.
h. We would encourage you to review the terms and conditions and privacy policy on any new site you may choose to access because our terms and conditions and privacy policy will no longer be applicable.
i. We reserve the right to remove a link at any time.
j. If you have any concerns about content appearing on this site, or sites we provide links to, please contact TabTimer.
28. Liability
a. To the extent permitted by law, TabTimer will not be liable to Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any direct, indirect, incidental or consequential damages sustained or incurred by Customer, whether such liability arises directly or indirectly as a result of:
i. any negligent act or omission or wilful misconduct of TabTimer or its employees or agents;
ii. the supply, performance or use of any products or services; or
iii. any breach by TabTimer of its obligations under these Terms or any relevant sales contract.
iv. misuse of any product supplied or failure of any product supplied.
29. Disclaimer and limitation of liability
a. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by TabTimer of this website (including the various functions contained on this website) which cannot be excluded, restricted or modified (‘Non-excludable Rights’). TabTimer does not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
b. Except as provided for by the non-excludable rights:
i) this website (including all content and functions) is provided ‘as is’ and without warranties of any kind, either express or implied,
ii) TabTimer and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
iii) TabTimer does not warrant that any functions on this website (including inter alia the Customer's access to this website) will be uninterrupted or error-free, that any defects will be corrected or that this website or the server which stores and transmits content to the Customer or any other person accessing this website are free of viruses or any other harmful components,
iv) TabTimer does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
c. Under no circumstances (including but not limited to negligence and gross negligence or any act or omission on the part of TabTimer) will TabTimer or its affiliates be liable for any direct, indirect, incidental, special, consequential or punitive damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website or any content, even if we or any of our authorised representative has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for any of our products or services.
d. To the fullest extent permitted by law, TabTimer’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TabTimer to the following:
i. in the case of services supplied or offered by TabTimer,
(a) the supply of the services again, or
(b) the payment of the cost of having services supplied again; and
ii. in the case of goods supplied or offered by TabTimer,
(c) the replacement of the goods or the supply of equivalent goods,
(d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(f) the payment of the cost of having the goods repaired.
30. Other Limitation of Liability
a. It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for:
i. any breach of security of www.tabtimer.com.au
ii. any damage, loss or corruption of any user content, data, information or material
iii. any viruses or other malicious programs that may infect your computer equipment or other property
iv. any breach of security by hackers in relation to www.tabtimer.com.au
31. Indemnification
a. To the extent permitted by law, You agree to indemnify TabTimer, its parents, subsidiaries, holding companies, the subsidiaries of their holding companies, and each of their respective officers, directors, shareholders, employees, contractors, representatives, affiliates, agents and related companies (and you shall continue to indemnify them and hold them harmless) in respect of any claim or demand, losses, liabilities, costs or damages, penalties, suits of any nature however caused, (including but not limited to solicitors' fees, liability costs, legal and statutory costs, and penalties whether derived from civil or criminal proceedings and including costs of legal advisers nominated by TabTimer Pty Ltd) arising out of your use of TabTimer products and services, including any breach of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers, any breach of any third party's rights, and infringement of intellectual property or other rights.
32. Trademarks of TabTimer and its affiliates
a. ‘TabTimer’, ‘helps keep medications on time’ and the ‘TabTimer’ logo are trademarks of TabTimer Pty Ltd ABN 99 137 415 948.
b. All other trademarks, brand names and product names, registered or otherwise, are the property of their respective owners.
33. Intellectual Property and Copyright
a. Customer acknowledges that:
i. all trademarks, copyright and other intellectual property rights (‘Intellectual Property’) embodied in or in connection with the products and any related documentation, parts or software are the sole property of TabTimer or its suppliers; and
ii. all Intellectual Property of TabTimer or its suppliers may only be used by Customer with the express written consent of TabTimer or its suppliers, during the continuance of any relevant sales contract, and such consent extends only to use essential for the purposes stated in it.
b. Customer must not register or use any trademarks, trade name, domain name, trading style or commercial designation or design used by TabTimer or its suppliers in connection with the products.
c. Customer will indemnify TabTimer against all liabilities, damages, costs and expenses which TabTimer may suffer or incur as a result of any work performed by TabTimer in accordance with Customer's specifications or as a result of the combination or use of the products with other equipment, parts or software not supplied by TabTimer, and which results in the infringement of any Intellectual Property of any person.
d. All information, text, material, graphics, audio, video, images, software and advertisements displayed on or available on this website (‘Content’) are Copyright TabTimer, its suppliers and/or licensors unless expressly indicated otherwise by TabTimer. The Content is protected by Australian and International copyright and trademark laws. Content on the network is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this website or expressly authorised in writing by TabTimer.
e. Strictly on the condition that the person accessing this website keeps all content intact and in the same form as presented on this website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may:
i. as a Customer, using an industry standard web browser, download and view the content for the authorised purposes only, or
ii. if the relevant person accessing this Website is an IAP, supply the content to the IAP's subscriber.
f. The running of scripts or spiders against this website is strictly forbidden. No one is authorised to use this website in any manner or for any purpose which is unlawful or in any manner which violates any right of TabTimer or an affiliate or which is prohibited by the Terms and Conditions.
34. Consent
a. Consent by TabTimer can only be obtained by giving notices by conventional mail. Only an authorised representative of TabTimer can give such consent. Communications by conventional mail must be sent to TabTimer, PO Box 7395, ALEXANDRIA NSW 2015.
35. No partnership or employment
a. Nothing in this agreement is intended to create a partnership as between you and TabTimer Pty Ltd. You have no authority to bind TabTimer Pty Ltd. This agreement does not constitute the relationship of employee and employer between you and TabTimer Pty Ltd.
36. No assignment
a. You must not assign or attempt to assign any of your rights and obligations under these terms or otherwise deal with the whole or any part of it without the prior written consent of TabTimer Pty Ltd. TabTimer Pty Ltd may assign its rights under this contract without your permission.
37. Further assurance
a. You must promptly, at your own cost, do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
38. Severability
a. If any provision or part of these Terms and Conditions is or becomes invalid, unenforceable, illegal or void, then it is severed to the extent necessary and the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions will not be impaired and shall remain in force and will continue unaffected. All rights not expressly granted herein are reserved.
39. Notices
a. Any notice necessary or required or allowed to be given in accordance with this agreement shall be deem to be sufficiently given if it is;
(i) delivered by hand to the entity to whom it is addressed; or
(ii) sent by pre-paid post (where this agreement so requires) by certified mail addressed to the entity to whom it is to be given as registered with TabTimer Pty Ltd or at the entity's last known place of abode or in the case of a registered company, at its registered office or;
(iii) transmitted by email to the email addressed as registered with TabTimer Pty Ltd or by facsimile to the facsimile number registered with TabTimer Pty Ltd.
b. Any notice shall be deemed to have been served and received by the entity to whom it is addressed;
(i) if delivered by hand on the date of actual delivery;
(ii) if sent by post, 3 days after posting;
(iii) if sent by email, 24 hours after being sent or;
(iv) if sent by facsimile, 24 hours after being sent.
40. Accessibility
a. If you have trouble using our website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us. We appreciate your feedback and your suggestions will help us to improve our service to you.
41. Site information and downtime
a. This site may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, TabTimer shall not be liable for any loss or damages resulting from such unavailability. Please note that we may make changes to the site, its functions and services from time to time.
42. Enforcement of rights
a. No failure or delay by TabTimer in exercising or enforcing any right, power or remedy which arises under these Terms and Conditions shall operate as a waiver of that or any other right, power or remedy. No waiver by TabTimer shall be effective unless in writing and signed by an authorised representative of TabTimer.
43. Termination
a. These Terms are effective until terminated by TabTimer, and TabTimer may terminate this agreement and the Customer's access to the website at any time without notice. In the event of termination, the Customer is no longer authorised to access this website, but all restrictions imposed on the Customer and all TabTimer disclaimers and limitations of liability set out in the Terms will survive.
44. Governing Law and Jurisdiction
a. This Agreement and any dispute in relation to it is governed by and construed in accordance with the laws of the State of New South Wales, Australia.
b. The courts of the state of New South Wales shall have exclusive jurisdiction to hear any disputes arising from or relating to this agreement.
c. All parties irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in connection with any cause of action or dispute relating to this Agreement.
d. The UN Convention on contracts for the international sale of goods is expressly disclaimed;
e. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
f. TabTimer’s failure to act with respect to a breach by you or others does not waive TabTimer’s right to act with respect to subsequent or similar breaches by you or others; and
g. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.
45. Finally - If in doubt, talk to us
If you have any queries, comments, complaints, feedback, or wish to report a problem you might have encountered with TabTimer, our website, or our terms and conditions, please get in touch.
You can click on the link on our ‘Contact information’ page
Or contact us at;
Managing Director
TabTimer Pty Ltd
PO Box 7395
ALEXANDRIA
NSW 2015
Telephone: 1300 TAB TIMER (1300 822 846)
Email: info@tabtimer.com.au
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