This site (www.pointpharma.com.au) is owned and operated by Point Pharma Australia Pty Ltd (ACN 601768549). By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. If you place an order on this site this will also indicate your acceptance of these terms and conditions.
INFORMATION & MEDICAL DISCLAIMER
NOTHING CONTAINED IN THIS SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
All information is not a substitute for medical advice and is for the purposes of general knowledge only. Always seek the advice of your General Practitioner, other medical practitioner or qualified health provider when starting any health or nutritional related treatment, continuing with medical treatment or with any questions you may have regarding your or any other party’s medical condition.
When accepting these Terms & Conditions, you are acknowledging that you are aware of the product Precautions as stated in the Product Description.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Point Pharma Pty Ltd. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content” ) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2021, ALL RIGHTS RESERVED.
DISCLAIMER FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, POINT PHARMA PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE. IN NO EVENT SHALL POINT PHARMA PTY LTD ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE PRODUCT SOLD.
YOUR ACCOUNT OBLIGATIONS
You are responsible for maintaining the confidentiality of your password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Point Pharma Pty Ltd considers this Registration Information private The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, and to administer our site. In the future, we may notify you of products or special offers that may be of interest to you.
PAYMENT METHODS
Credit Cards: There is no surcharge for using your credit card to make purchases. We also accept payment via other Funds Transfer and other Third Party payment providers.
CONTACT DETAILS
Please be sure to provide your exact billing address and telephone number. Incorrect information may cause a delay in processing your order.
REVIEW REMINDERS
Upon placing an order you consent to receive an invitation to leave a review of your order.
ACCEPTED BEHAVIOUR
It is presumed that you will not replicate or copy this site, break the terms that you have agreed or enter the site other than through public and secure access presented to you as a first time user or a member
OUR RIGHTS
Point Pharma Pty Ltd may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third-party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
Point Pharma Pty Ltd maintains the right to suspend or terminate access (Yours) to all or some of the Site, without notice, at our sole discretion.
CHANGES IN ORDERS
We cannot change orders once they have been placed, although if notified by the customer of an order error we will do our best to correct the order.
ERRORS OF INFORMATION PROVIDED ON THE SITE
Point Pharma Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. This will also apply to any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Point Pharma Pty Ltd shall within 7 days issue a credit to your credit card account in the amount of the incorrect price.
APPLICABLE LAW
As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. You agree any claim relating to the Site and our service can only be dealt with in a court in Sydney in the state of New South Wales, Australia.
TERMINATION
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, at our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.
ERRORS AND PROBLEMS
Point Pharma Australia Pty Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
FEEDBACK, SUGGESTIONS, COMMENTS OR REQUESTS
Point Pharma Australia Pty Ltd encourages you to make feedback, suggestions, comments or requests (“comments”). These comments may be made via the Comment facility, by email or the Contact page on the website. If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Point Pharma Australia Pty Ltd is under no obligation to keep such information confidential, and Point Pharma Australia Pty Ltd will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
LIMITATION OF LIABILITY
If Point Pharma Australia Pty Ltd is found responsible for any damages, Point Pharma Australia Pty Ltd is responsible for actual damages only. In no event shall Point Pharma Australia Pty Ltd, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
GENERAL CONDITIONS OF SALE
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Point Pharma Australia Pty Ltd with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Point Pharma Australia Pty Ltd that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Point Pharma Australia Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Point Pharma Australia Pty Ltd only comes into existence when Point Pharma Australia Pty Ltd forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of NSW and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Point Pharma Australia Pty Ltd if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Point Pharma Australia Pty Ltd within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty. All other products ordered incorrectly by the customer can be refunded less the standard freight charge for the original order if informed within 7 days of despatch and in a saleable condition upon return. Postage costs will be incurred by the customer.
h. Ownership and property in the goods supplied/delivered shall pass from Point Pharma Australia Pty Ltd to you when Point Pharma Australia Pty Ltd accepts your offer and assigns product. Risk passes to you upon commencement of transit to an agreed delivery point.
i. Point Pharma Australia Pty Ltd shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Point Pharma Australia Pty Ltd shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the Order and prior to the transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal/political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Point Pharma Australia Pty Ltd in respect of any such use. Point Pharma Australia Pty Ltd is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by Point Pharma Australia Pty Ltd for the consequences of the use of damaged goods by you.
k. International Orders. Point Pharma Australia Pty Ltd shall not be responsible for non-delivery or delay in delivery of any goods caused by local Customs regulations. You assume all risk for non-delivery or delays caused by Customs and it is your responsibility to ensure prior to ordering that the goods are able to be imported into your country.
l. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Point Pharma Australia Pty Ltd implied by the Goods Act, 1958.