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TERMS & CONDITIONS

OVERVIEW
This website is operated by Medico Aid. Throughout the site, the terms “we”, “us” and “our” refer to Medico Aid. Medico Aid offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you 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 of Service 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 you may not access 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

PART A - Trade Terms and Conditions

By accepting any Order provided, and therefore engaging Medico Aid ABN 72 556 803 750 ('Medico') for supply, it is deemed that the Client has read and agreed to Medico’s terms and conditions as outlined below. These terms and conditions may only be amended with the Medico’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Medico.

  1. DEFINITIONS
'Client Background IP' means Intellectual Property rights owned by or licensed to the Client.
‘Client’ means a person/s or company who engages Medico for planning and/or design/drafting and related Products.
'Client Resources' means all equipment, materials, data and information (including any Client Background IP) supplied by the Client to Medico. 'Confidential Information' means all know-how, Intellectual Property, business, financial, technical and other commercially valuable or sensitive information of a party in whatever form. This includes inventions (whether or not reduced to practice), trade secrets, methodologies, formulae, graphs, drawings, samples, biological materials, devices, models, business plans, policies and any other materials or information which the party regards as confidential or of a commercially sensitive nature that may be in the possession of that party or their employees or officers. Confidential Information of a party does not include information which:
  • is in the public domain, through no fault of the other party; or
  • can be shown by contemporaneous records of the other party to have been known to the other party at the time it is received or received from a third party, without an obligation of confidentiality.
‘Deliverables’ means the end product/s to be delivered by Medico to the Client as specified in the Order and agreed to between the Client and Medico.
‘GST’ means the tax imposed by the A New Tax System (Goods and Products Tax) Act 1999 (Cth) and related tax imposition Acts of the Commonwealth of Australia.
'Intellectual Property' means statutory and other proprietary rights in relation to intellectual property including but not limited to copyright, inventions, patents, registered and unregistered trade marks, registered and unregistered designs, circuit layouts and rights to require information to be kept confidential, and all other rights as defined by Article 2 of the Convention establishing the World Intellectual Property Organization of July 1967, and all rights to apply for any of the above.
‘Invoices’ means the tax invoice(s) provided by Medico to the Client in relation to the Products.
'Moral Rights' means any moral rights or other analogous rights arising under any statute (including the Copyright Act 1968 (Cth) or any law of the Commonwealth of Australia), that exist or may come to exist anywhere in the world.
‘Medico’ and/or ‘Medico’ means Medico ABN 72 556 803 750.
'Medico Background IP' means Intellectual Property rights owned by Medico.
'Product IP' means all Intellectual Property created, conceived, developed or reduced to practice in the course of the performance of the Products including all Intellectual Property in the Deliverables.
‘Price’ means the price payable by the Client to Medico for the Products in accordance with clause 3 of these Terms & Conditions.
‘Order’ means the Order for Products provided to the Client in writing by Medico.
‘Products’ means the product/s to be provided to the Client by Medico, as described on the Orders, Invoices, or any other forms provided by Medico to the Client, as amended from time to time.
  1. ORDERS
  • All Orders are provided by Medico free of charge and are valid for 30 days from the date of issue. Orders that are not accepted within the 30 day time frame may be subject to amendment, at the discretion of Medico.
  • All Products which are to be performed by Medico for the Client are contained within the Order provided to the Client. Any additional Products which are not expressly provided for within Medico's Order, will be charged to the Client at the price/rate as advised by Medico.
  • The Client acknowledges that the Order pricing includes Medico’s fees only. Any and all third party costs will be invoiced to the Client separately, unless specifically otherwise provided for in the Order.
  • Medico reserves the right to change the prices contained in the Order in the event that the Client’s order is varied.
  • All Orders provided by Medico are priced in Australian Dollars, unless otherwise specified.
  • In the event that Medico is required to work outside normal business hours, the Client agrees to, and acknowledges that, it may incur additional charges.
  1. INVOICES & PAYMENT
  • Medico will issue the Client an invoice for all Products provided by Medico to the Client.
  • In the event that Medico has to undertake additional Products, the Client will be issued a further invoice in relation to the additional Products.
  • The Price for the Products shall be the price specified in the Invoice(s) or other forms provided by Medico to the Client.
  • The Client must pay each Invoice:
      • by the date specified in the Invoice(s) or other form(s) provided by Medico to the Client; or
      • if no such date is specified, within 30 days from the date of issue, unless otherwise agreed in writing between the parties.
      Accordingly, Medico requires that payment be made in full by such date.
      • At Medico’s sole discretion, the Client may be required to pay a deposit on the Price.
      • In the event of non-payment by the Client for any or all of the Products provided within the payment terms specified, the Client undertakes and agrees that it will be liable for all costs that may be incurred by Medico as the result of the Client’s failure to pay Invoices by the date specified on the Invoice or if no such date is specified, within 30 days of date of issue. Medico may also charge interest on outstanding amounts, at its discretion, at the interest rate specified under the Penalty Interest Rates Act 1983 (Vic).
      • The Client must pay all money due to Medico without deduction or set off and must not withhold any payment on the grounds of alleged non-performance by Medico of its obligations or for any other reason.
      • If Medico is liable to pay GST on the supply of any Products, the Client must pay to Medico the amount equivalent to the GST liability of Medico at the same time as the Price is paid for the Products (unless the Price for the supply is expressed specifically to be GST inclusive).
      • Acceptance by Medico of payment of a sum less than the full sum due to Medico will not be an acknowledgement of payment in full and will not prejudice Medico’s rights to recover the balance due or to pursue any other remedy in respect of any unpaid money.
      • Receipt by Medico of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
      • If Invoice(s) are not paid within the payment terms, then:
          • The Client agrees to pay to Medico any costs (including legal costs on a solicitor/own client basis), charges, expenses or outgoings incurred in relation to the recovery of the outstanding amount; and
          • The Client acknowledges that Medico may suspend provision of the Products without notice at its sole discretion.
          1. If the Products are not paid with thirty (30) days of expiry of the payment terms, then Medico may charge interest on any outstanding amount at the rate specified by Section 2 of the Penalty Interest Rates Act 1983 (Vic) from time to time. Interest will accrue from the expiry of the payment terms until the date of payment.
          1. RETENTION OF TITLE AND RISK
          (a)  Following delivery, the ownership and/or license of the Deliverables shall not pass to the Client unless or until the Client has paid Medico the Price and all amounts owing to Medico for the particular Products including delivery fees and all other associated costs. Until such time the Deliverables shall remain the sole and absolute property of Medico as legal and beneficial owner. (b)  The Client acknowledges that:
            • the Client grants a security interest to Medico in the Deliverables supplied to the Client; and
            • Medico is entitled to and may register its security interest in the Deliverables supplied to the Client in accordance with the Personal Property Securities Act 2009 (Cth) and regulations made under that Act (‘PPSA’).
              (c) at Medico’s request, the Client must, at its cost, do anything considered Medico in its absolute discretion to be necessary for the purposes of ensuring that Medico 's security interest is able to be registered on the Personal Property Securities Register and is enforceable; and
                (d) Medico is not required to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
                  1. DELIVERABLES
                  • The Client acknowledges and agrees that, in the event it requires any corrections, changes or amendments to any Deliverables, where relevant, that it will provide such requirements to Medico in writing within one (1) day of receipt of each respective Deliverable, unless otherwise agreed to by Medico.
                  • Each Order allows the Client, where relevant Products are being provided, one round of minor revisions to their Deliverables unless otherwise specified by Medico. Any revisions not nominated by the Client to Medico in the second round of minor revisions , or otherwise accounted for in the Order, are charged at an hourly rate as advised by Medico.
                  • The Client acknowledges that:
                    • whilst all care is taken by Medico in producing the Deliverables, the Client assumes and accepts liability for any and all errors or omissions;
                    • it is responsible for proof reading and identifying any errors or omissions in the Deliverables and associated documents, prior to final approval; and
                    • Deliverables shall not be released to the Client or third parties until final approval of the Deliverables has been provided to Medico in writing by the Client.
                  1. USE OF CLIENT RESOURCES BY MEDICO
                  • The Client undertakes and warrants that:
                    • it is the owner of or otherwise has the authority of all required third parties to supply the Client Resources to Medico, where relevant, to use in performing the Products;
                    • Medico has the right to request evidence of ownership in any and all Client Resources;
                    • it has complied with all laws in relation to the sourcing and use of the Client Resources; and
                    • Medico will not be required to obtain any licence of any Intellectual Property from a third party in order to complete any Deliverables as a result of the Client Resources provided to Medico by the Client. The Client undertakes that it is responsible for obtaining all necessary consents and approvals for the use of any third party Intellectual Property that it requires Medico to use in producing any Deliverables and indemnifies Medico from any claims, costs and losses that could be or are made against or incurred by Medico as a result of Medico using any such third party Intellectual Property.
                    • it is responsible for ensuring that the Client Resources and any Deliverables are not contrary to law, including:
                        • ensuring that they do not infringe the Intellectual Property rights of any person;
                        • ensuring that they are not by law defamatory of any person;
                      • ensuring that they are not obscene, blasphemous, offensive or discriminatory; and
                        • ensuring that they are not in breach of the Competitions and Consumer Act 2010 (Cth) or give rise to an action in passing off.
                          • the Client will use the Deliverables at its own risk.
                          • The Client expressly indemnifies Medico against any and all liability and loss arising out of the use of the Client Resources by Medico and/or any claim of infringement as a result of the Clients conduct and/or use of the Client Resources by Medico and/or any breach of these Terms & Conditions by the Client.
                          1. LIMITATION OF LIABILITY
                          • Certain legislation, including the Australian Consumer Law may imply warranties or conditions or impose obligations upon Medico which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent, and if so, then these Terms & Conditions must be read subject to these statutory provisions and any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent to which Medico is entitled to do so, Medico limits its liability in respect of any claim under those provisions to, at Medico’s option:
                          • the supplying of the Products again; or
                          • the payment of the cost of having the Products supplied again.
                            To the full extent permitted by law, Medico’s maximum aggregate liability for a breach by it of these Terms & Conditions, shall in no circumstances exceed the price paid for the Products by the Client.
                            • To the full extent permitted by law, Medico shall not be liable under these Terms & Conditions for any Client’s or other third party’s loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind caused by a breach of contract by Medico, whether or not such loss or damage is foreseeable, foreseen or known and whether or not Medico has been advised of or is aware that such damages may be incurred.
                            1. TERMINATION/ CANCELLATION
                            • Medico may reject or cancel any Order and/or any order for the supply of Products within thirty (30) days of the date of any Order or at any time before the Products are supplied by giving written notice to the Client and on giving such notice Medico shall at its discretion:
                              • repay to the Client any sums paid in respect of the Price and/or GST; and
                              • not be liable to the Client for any loss or damage howsoever arising from such rejection, cancellation or termination.
                            • The Client may cancel an order for the supply of Products by providing Medico with at least 10 business days’ notice in writing and in such a case:
                              • Medico may retain any deposit paid by the Client in respect of the Products;
                              • Medico will issue an Invoice in accordance with clause 10(d); and
                              • the Client shall be liable to Medico for any additional losses incurred by Medico as a result of the cancellation or termination (including, but not limited to, delivery costs, storage costs and any loss of profits).
                            • Medico shall also be entitled to reject or cancel any Order and/or any order for the supply of Products in the event that the Client becomes insolvent, bankrupt, goes into liquidation, has an administrator, official manager, receiver or receiver and manager appointed, enters into a scheme of arrangement with its creditors or any class of them or is subject to any similar events or is in breach of these Terms & Conditions or is unable to pay its invoices when due in accordance with these Terms & Conditions.
                            • In the event of any cancellation pursuant to clause 10(a), (b) or (c) or the Client no longer wishes to proceed with the Order, Medico will issue an Invoice for all work completed up to the date of cancellation, rejection or termination, and payment of this Invoice is required by the Client in accordance with clause 3.
                            1. INTELLECTUAL PROPERTY RIGHTS
                            • The Client acknowledges that all Medico Background IP and all concepts, materials, Intellectual Property and designs created, conceived, developed or reduced to practice in the performance of the Products (“Developed IP”) remains the sole property of Medico. The Client acknowledges that it acquires no right, title or interest in or to the Medico Background IP or the Developed IP by virtue of these Terms & Conditions or the disclosure or use of the Medico Background IP in the course of the performance of the Products other than as expressly set out in these Terms & Conditions or unless otherwise agreed to by Medico.
                            • If the Client requests, Medico’s may, in its sole discretion and only upon completion a Deliverable as well as payment of all outstanding Invoices for a Client, grant a non-exclusive, royalty free, non-transferable licence to the Client of the copyright in the Developed IP, limited to the purpose, territory and media specified by Medico. This is subject to the consent of Medico and may require an additional fee to be paid to Medico, at its discretion.
                            • The Client grants to Medico, or shall procure where required from a third party, a non-exclusive, royalty-free, non-transferable licence for Medico to use the Client Background IP to the extent necessary and for the sole purpose of the performance of the Products as specified under these Terms & Conditions.
                            • The Client consents to Medico's use of the Deliverables in and on Medico’s portfolio, website, design periodicals, social media accounts and other media or exhibits unless otherwise discussed and agreed to by the parties prior to commencement of the Products.
                            • The Client must not directly or indirectly engage in any conduct which may endanger the capacity of any Developed IP to be protected or challenge its ownership or validity
                            • The Client unconditionally and irrevocably consents to Medico, its sub-licensees, assignees and nominees materially altering any copyright works forming part of the Client Background IP and dealing with such works without attributing authorship and, to the extent permitted by law, the Client:
                              • waives any Moral Rights it, he or she may have in the Client Background IP; and
                              • consents to and, if required by Medico, shall also immediately procure the consent in writing of any other party to any activity, use, treatment, alienation, destruction or attribution, in respect of the Client Background IP, including the performance of which would otherwise infringe such person’s Moral Rights in the Client Background IP.
                            1. CONFIDENTIAL INFORMATION
                            • Medico may use and disclose the Clients Background IP as is necessary for the performance, development or supply of the Products in accordance with these Terms & Conditions.
                            • The Client undertakes to:
                              • not use, and ensure that its employees, officers and agents do not use, any Confidential Information of Medico for any purpose other than compliance with its obligations under these Terms & Conditions;
                              • take all action necessary to maintain the confidential nature of the Confidential Information of Medico;
                              • not disclose any of the Confidential Information of Medico to any person other than those of its employees, officers and agents, who need to have access to that Confidential Information for the purpose of the Client complying with its obligations under these Terms & Conditions, and who are bound by an enforceable obligation of confidentiality; and
                              • destroy all documents and other materials in whatever form in its possession, power or control which contain or refer to any Confidential Information of Medico, as may be required or requested by Medico.
                            • The Client acknowledges that Medico would be irreparably harmed by any actual or threatened breach of this clause 12, and that monetary damages would be insufficient to remedy such actual or threatened breach.
                            • Medico agrees to keep confidential any confidential information disclosed to it by the Client whilst performing the Products, unless it is otherwise in the public domain or already known to it prior to disclosure or disclosed with the Client's consent or Medico is compelled by law to disclose it.
                            1. GENERAL
                            • The Client shall sign and, execute all such further documents and do all such acts, matters and things as shall be necessary or desirable to give full effect to these Terms & Conditions.
                            • The Client shall not assign or purport to assign any right under these Terms & Conditions without the prior written consent of Medico. Medico may assign or purport to assign any right under these Terms & Conditions without the prior consent of the Client.
                            • These Terms & Conditions (together with the Order and Invoice or other forms or documents provided by Medico to the Client) form the entire agreement between Medico and the Client.
                            • Medico reserves the right to amend these Terms & Conditions at its discretion.
                            • The waiver of any party of a breach of a provision of these Terms & Conditions will not be deemed a waiver of all or part of that provision or of any other provision or of the right of that party to avail itself of its rights subsequently and Any waiver of a breach of these Terms & Conditions must be in writing signed by the party granting the waiver, and will be effective only to the extent specifically set out in that waiver
                            • The parties agree and acknowledge that each provision is and will be deemed to be severable and independent and if all or any part of any provision is judged invalid or unenforceable in all the circumstances, it will be deemed to be deleted and will not affect the validity or enforceability of the remaining provisions.
                            • Medico shall not be liable for any default of these Terms & Conditions or the failure to provide any Products due to any event of force majeure including but not limited to war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond its reasonable control.
                            • The parties agree and acknowledge that these Terms & Conditions are governed by and to be construed in accordance with the laws of the State of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Victoria, Australia, and Courts entitled to hear appeals from these Courts.
                            PART B - Online Trade Terms and Conditions
                            (a) We reserve the right to refuse service to anyone for any reason at any time.
                            You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
                            (c) You agree 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 us.
                            (d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

                            We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 this site is at your own risk.
                            This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

                            Prices for our products are subject to change without notice.
                            We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
                            We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

                            Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
                            We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
                            We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
                            We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

                            We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

                            You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

                            For more detail, please review our Returns Policy.

                            We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
                            You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
                            Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
                            We 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.

                            Certain content, products and services available via our Service may include materials from third-parties.
                            Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
                            We are 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

                            If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
                            We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
                            You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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

                            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. We reserve 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).
                            We undertake 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.

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