These terms and conditions apply to the use of this website including all pages within this website , collectively referred herein as this ‘Website’ and includes the purchase of goods and services from Drug Test Australia Pty Ltd, trading as Drug Test Australia.
Drug Test Australia reserves the right to amend these terms and conditions at any time and such amendments will apply upon publication on this website. These terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of the Websites Standard Terms and Conditions.
Nothing in these conditions shall be read or applied so as exclude, restrict or modify or to have the effect of excluding, restricting or modifying any condition, warranty, guarantee, and right of remedy implied by law except to the extent permitted by law.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Drug Test Australia own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. You are expressly and emphatically restricted from all of the following:
- publishing any Website material in the media;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing
No warranties
This Website is provided ‘as is’ with all faults, and Drug Test Australia makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally; nothing in this Website will be construed as providing advice or consult to you.
Limitation of liability.
In no event shall Drug Test Australia nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Drug Test Australia, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or from purchasing products from this Website.
Indemnification.
You hereby indemnify to the fullest extent Drug Test Australia from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Sever-ability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms and Pricing.
Drug Test Australia is permitted to revise these Terms and pricing at any time as it sees fit, and by using this Website you are expected to review such Terms and pricing on a regular basis to ensure you understand all terms, conditions and pricing governing use of this Website.
Assignment.
Drug Test Australia shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Drug Test Australia and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of [NSW], and you submit to the non-exclusive jurisdiction of the state and federal courts located in NSW for the resolution of any disputes.
Trademarks
Unless otherwise indicated, all trademarks on this website are subject to the trademark rights of Drug Test Australia Pty Ltd including marks, logos and emblems.
Copyright
Copyright. Drug Test Australia. All rights reserved. The text, images, graphics, video files on this website is all subject to copyright and intellectual property protection. These objects may not be copied for commercial use, transmission or distribution and may not be modified and posted to other electronic media. Third party intellectual property rights are contained within this site.
Product Information and Usage
Drug Test Australia is not the manufacturer of the products sold on this Website. Products and any product packaging and materials may be different from that displayed on this Website. All product information and descriptions on this Website are general in nature and for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
All product information and content on this Website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
Delivery
All goods sold by Drug Test Australia are FOB. Drug Test Australia is not responsible for any damage or loss whilst the goods are in transit.
Transit charges relating to return of good shall be paid by the buyer except where the goods are recalled or where the goods are subject to a fault of manufacture and constitutes a warranty assessment.
Force Majeure
The Seller will not be liable for any breach of contract due to any matter or thing beyond the Seller’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, pandemics, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
Default
If the customer defaults any payment, commits any act of bankruptcy or enters into liquidation whether voluntary or involuntary Drug Test Australia reserves the right to suspend delivery. A default by the customer shall not prejudice the rights of Drug Test Australia to recover any outstanding amount for goods.
Where no approved credit account exists, payments are required prior to despatch. All recovery costs are the responsibility of the purchaser.
Warranty and Returns
The products that are sold by Drug Test Australia are on the understanding that the products are free of defect in workmanship or material at the time of sale. Purchased goods are fully refundable under Australian Statutory law in the event that they are faulty; excluding drug test kits. Drug test kits are perishable items and must be stored appropriately as indicted in the manufacturers product insert, evidence must be provided that the kits have been stored within the required temperature range prior to a refund being agreed to.
In no event shall Drug Test Australia be responsible for any incidental damages for lost profits or for any other damages.
How we received your instructions
For us to act on your behalf you must provide us with instructions and other information about the services you require. Your can give us instruction using the “Contact Us’ form or emailing us at sales@drugtestaustralia.com.au. In most circumstances, it will be necessary for you to give us instructions in writing.
Complaints and dispute resolution procedures
If you are concerned about the services provided by us, any product we have arranged or how we have handled your personal information, please contact the company on sales@drugtestaustralia.com.au and we will acknowledge your complaint in writing or by telephone.