Standard Terms and Conditions (1 May 2012)
Quit4Good Pty Limited ABN 15 157 868 061 together with any partners (‘the principals’) and employees and or contractors (“I”, “me”, “my”, “us” , “we” as the context requires) have set out in this document our terms and conditions of business (the “Terms”). “You” and or “Purchaser” means you. Our services and assistance We will provide the services set out in these Terms and Conditions (the “Services”) and will use all reasonable commercial efforts to provide the Services in an efficient and timely manner, using the necessary skill and expertise to an appropriate professional standard. The Services may include one consultation with a doctor engaged by us as an independent contractor.
We reserve the right to accept or decline, in whole or in part, any order made by you. You may not on-sell the Services to any third party and or pass-on or provide the Services and specifically any treatment provided to you to any other party.
The Price for the Services shall be the amount determined by us from time to time and shall include amounts for standard postage, shipping, insurance, GST and payment processing surcharges.
Our Service assists in cessation of nicotine dependence. We do not guarantee under any circumstance individual success on a temporary or permanent basis.
We will endeavour to dispatch any treatment as soon as practicable after an independent pharmacy has made the treatment. Delivery may take up to 10 business days.
Surveys and electronic mail, telephone and other contact
We support your efforts to cease smoking however it is agreed that you are the only party that can achieve that objective as many factors determine whether a person smokes.
You agree to allow us to contact you by email or phone or otherwise to conduct surveys and obtain feed-back on the success or otherwise of your efforts to cease smoking.
You agree to allow us to inform you of any other health related services that may contribute to your wellbeing and health and such offers may be made in writing or orally.
Confidentiality and Privacy
Both parties acknowledge that they may, in the course of our assistance, be exposed to or acquire information that is proprietary or confidential to the other party. Both parties agree to hold such information in strict confidence, and not to divulge such information except as may be required by law or judicial process.
If at any time you would like to discuss with us how the Services can be improved or if you have a complaint about them, we will investigate any complaint promptly. If the problem cannot be resolved, the parties agree to enter into mediation, or some other form of alternative dispute resolution, before commencing legal proceedings.
Termination of Agreement
We reserve the right to without notice terminate the contract and pay Compensation at any time for any reason. Termination under this clause shall be without prejudice to any rights that may have accrued for either of us before termination and all sums due to us shall become payable in full when termination takes effect.
Limitation of liability
In this section, we set out, and you accept, the limitations which apply to our liability to you should you have reason to make a claim against us. The limitations and exclusions are accepted by both of us to be fair and reasonable, given the duties we are undertaking, the sums to which we are entitled and the availability (and cost) of insurance. Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these Terms to be void.
These Terms are the only communications governing our relationship. We will have no liability for any statements, representations, guarantees, conditions or warranties (collectively referred to as “representations”) arising from communications (oral or written) which are not expressly contained in this Agreement.
All representations to exercise reasonable care or render our services with due care and skill which may otherwise be implied by statute, common law or custom are expressly excluded. If any representations are of importance to you, you should ensure they are expressly in writing communicated to us prior to the Agreement. You agree that our liability for any loss or damage suffered by you (whether direct, indirect or consequential) in connection with our Services, including (without limitation) liability for any negligent act or omission or misrepresentation, shall be limited to five times the Price paid to us in respect of the Services and you agree to release us from all claims arising in connection with the Services to the extent that our liability in respect of such claims would exceed the amount of those fees. To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributable to negligence, fault or lack of care on your part or on the part of any person for whom you are responsible, we are not liable (in contract, tort or otherwise) for the loss or damage.
If the performance of this Agreement by a party, is prevented or restricted by a force majeure, or any other act or condition beyond the reasonable control of that party, then the party is excused from such performance.
Governing law and jurisdiction.
This Agreement is governed by the laws applicable in New South Wales and both you and we agree to irrevocably submit any disputes to the exclusive jurisdiction of the Courts of that state.
END OF TERMS
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