Welcome to the Bush Medijina™ Website (www.bushmedijina.com.au) and Social Media pages (Facebook.com/asacnt; Twitter.com/bushmedijina; Instagram.com/bush_medijina; Pinterest.com.au/bushmedijina/). These Terms and Conditions, which include our Privacy Policy (available on our Website) and any other policies and procedures referred to herein, govern your use of our Website, Social Media and services (Terms).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTROL THE WAY YOU CAN AND CANNOT USE OUR WEBSITE AND SOCIAL MEDIA. THESE TERMS ALSO DESCRIBE THE PROMISES YOU MAKE TO US ABOUT YOUR USE OF OUR WEBSITE AND SOCIAL MEDIA.  AMONG OTHER THINGS, THESE TERMS SET OUT LIMITATIONS OF LIABILITY AND THE WAY YOU OR WE CAN TERMINATE THIS AGREEMENT.

1. Definitions

1.1 Certain terms in these Terms start with capital letters. Unless the context provides otherwise, those words have the meaning given to them here, in the body of these Terms or our Privacy Policy.

1.2 The following definitions apply to these Terms:

‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available on or in relation to our Website and Social Media (including from our partners, affiliates, related service providers and other third-parties), including without limitation:

(a) text, contact details, documents, reports, papers, articles, comments;
(b) graphics, images, logos and photographs;
(c) sound files and music;
(d) other recordings, including video and live feed;
(e) software or code;
(f) Indigenous Cultural and Intellectual Property (ICIP);
(g) websites, social media, applications;
(h) links, posts, advertising, communications;
(i) other products or services.

‘Indigenous Cultural and Intellectual Property (ICIP)’ means Australian Aboriginal and Torres Strait Islander peoples’ rights to their heritage. Heritage comprises all objects, sites and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Aboriginal or Torres Strait Islander group or its territory.

‘Intellectual Property (IP)’ means copyright, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how, confidential information, all rights under any legislation relating to the protection of computer programs, circuit layouts and all other intellectual property as defined by Article 2 of the 'Convention Establishing the World Intellectual Property Organisation’ dated July 1967.

‘Malicious Computer Program’ means files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Website or Social Media, content on either, our property or the property of other individuals or organisations.

‘Third Party Material’ means Content, data, information, applications, services, websites and materials from, incorporating, linked or connected to third parties (including our partners, affiliates and related service providers).

2. Acceptance of Terms and Conditions

2.1 The Bush Medijina Website and Social Media pages are owned and operated by Bush Medijina ABN 17 671 155 857 (we, our or us). By accessing and/or using our Website or Social Media, you agree to bound by these Terms.

2.2 Use of our Website and Social Media is entirely at your own risk. You must only use the Website and Social Media in accordance with these Terms and any applicable law. You should immediately stop using our Website and Social Media if you do not agree to these Terms.

2.3 These Terms also govern updates, upgrades and new and amended versions of the Website and Social Media, unless such versions are accompanied by new terms for use, which will govern those versions.

3. Contact Us

3.1 You can contact us via our Website and Social Media pages or by contacting:

Bush Medijina
PO Box 641
Alyangula, NT, Australia 0885
(08) 8987 7100
info@bushmedijina.com.au  

4. Orders and Registration

4.1 You can, but do not need to, register an account on our Website to place orders or access our products, however, you may be required to register an account to access certain features of our Website and Social Media, including but not limited to updates, promotional material and other information from us.

4.2 When you place an order with us or register and activate an account, you will provide us with personal information such as your name, residential address, postal address, telephone number and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

4.3 To create an account or place an order, you must be:

(a) be over 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us; and

(c) agree and warrant to access and use the Website and Social Media in accordance with these Terms.\

4.4 You are responsible for keeping your account secure and are responsible for all use and activity carried out under that account. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5. Collection Notice

5.1 We collect personal information about you (including your name, company, address, email or phone number):

(a) to process your orders and account registration,

(b) to provide you with access and use of the Website and Social Media,

(c) to provide you with our products,

(d) to respond to your enquiries and feedback,

(e) to provide you with details of updates, promotional material and other information relevant to our products and services, and

(f) for purposes otherwise set out in our Privacy Policy.

5.2 We may disclose that information to third parties that help us deliver our Website, Social Media, Content, products and services (including information technology and communication suppliers, online payment suppliers, postal services, related service providers, our manufacturers and our business partners) or as required by law.

5.3 Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.

5.4 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms. If you do not provide this information, we may not be able to provide all of our products or services to you.

5.5 Subject to our Privacy Policy, if we do not disclose your personal identity in doing so, we can collect, copy, communicate, adapt and exploit data from your use of the Website and Social Media (and, for the avoidance of doubt, associated Third Party Material) and associated devices, systems, software and peripherals, to improve our products and delivery of our services to you.

5.6 If you would like any further information about our Privacy Policy, please contact us (see the ‘Contact Us’ section above for our contact information).

6. Accuracy, completeness and timeliness of information

6.1 The information on our Website and Social Media is provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to your use or reliance on them. The information on the Website and Social Media is not comprehensive and is only intended to provide a summary of the subject matter covered.

6.2 While we use all reasonable attempts to ensure the accuracy and completeness of our Website and Social Media, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding our Website or Social Media, or the Content, and disclaim all responsibility that:

(a) the Website, Social Media or Content will be complete, accurate or up-to-date;

(b) the Website, Social Media or Content is of a merchantable quality or fit for a particular purpose;

(c) access to the Website or Social Media will be uninterrupted or error-free or free from Malicious Computer Program; or

(d) the Website or Social Media will be secure.

6.3 We are not liable to you or anyone else if errors, interference or damage to your computer systems occurs in connection with your access and use of our Website, Social Media or a linked website. You must take your own precautions to ensure that whatever you select, access or use on or from our Website or Social Media is free of Malicious Computer Program that may interfere with or damage the operations of your computer systems.

6.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website or Social Media. In addition, where it is suitable to do so, some depictions of products are created or chosen by use for promotional purposes and may not be an exact representation of the products received.

6.5 We may, from time to time and without notice, change or add to the Website, Social Media or Content (including these Terms). You should monitor any changes to the Website or Social Media and check these Terms periodically for changes.

7. Purchases

7.1 When making an order, you must follow the instructions on the Website as to how to make your purchase and for making changes to your order before you submit it to us. We use secure online payment services, including PayPal. Please be aware that payments made using these online payment services will be subject to the terms & conditions of those service providers and you should review their terms & conditions carefully before submitting your order.

7.2 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including goods and services tax (GST) and any other charges.

7.3 Unless otherwise stated all charges are in Australian (AUD) dollars.

7.4 You must pay for the order in full at the time of ordering by one of the payment methods we provide on our Website. You must be entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

7.5 If you discover you have made a mistake with your order after you have submitted it to the Website, please contact us immediately. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

7.6 When you place an order, you will receive a confirmation of order email from us. This email will only be an acknowledgment and will not constitute acceptance of your order until you receive a shipment confirmation email from us.

7.7 We may in our absolute discretion refuse to accept an order from you for any reason, including without limitation, due to unavailability of stock or we suspect that you may on-sell our products to other consumers.

7.8 Until the time we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. If we or you have cancelled your order before it is accepted, we will promptly refund any payment already made by you to your original payment method.

8. Delivery

8.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us once you place an order, however we cannot guarantee any firm delivery dates.

8.2 We will try to let you know if we expect to be unable to meet our estimated delivery dates, but, to the extent permitted by law, we will not be liable to you for any loss, liability, costs, damages, charges or expenses arising from late delivery of your order.

8.3 You must ensure that you are able to take delivery of the order without undue delay and at any time reasonably specified by us. If you are not, Australia Post or our couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the order from the carrier within the timeframe specified by Australia Post or our courier (but no later than 2 weeks from our first attempt to deliver the order to you), then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable order, in which case we will refund to your original payment method any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the order and any storage fees as provided for above).

8.4 Please be aware that it may not be possible to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.

8.5 All risk in the product will pass to you upon delivery of the order. From the time when risk passes to you, we will not be liable for loss, damage or destruction of the product.

8.6 You must take care when opening the order so as not to damage the product, particularly when using any sharp instruments. We will not take responsibility for any damage to the product caused by you.

9. Shipping information

NOTE: Due to the remoteness of our location on Groote Eylandt, delivery of your order can take anywhere between 7 – 21 days. Please factor this in when placing your order.

9.1 Locations: We deliver express parcels to any Australian or overseas address including PO Boxes via Australia Post.

9.2 Costs (within Australia): We use Australia Post for our deliveries. All parcels delivered within Australia are dispatched express and incur a fee of $12.50, unless otherwise stated at the point of sale. The cost of shipping outside of Australia will generally incur a higher shipping fee (see Clause 9.6). The customer will be responsible for the cost of shipping.

9.3 Delivery Time: Parcels are dispatched from Groote Eylandt, Northern Territory, within 5 business days after the order is placed and can take anywhere between 7 – 21 days to be delivered to you. This delay in delivery is due to the remoteness of our location.

9.4 Tracking: Express parcels are able to be tracked via the Australia Post website. You will be sent a dispatch confirmation email including tracking number and instructions once your parcel leaves our warehouse. If your parcel hasn’t arrived, please also check with your local post office as it may be waiting for collection. Parcels are taken to the nearest post office if a signature cannot be obtained on delivery.

9.5 Conditions of delivery: We deliver our express parcels via Australia Post. A signature is required on all deliveries and therefore someone must be present to accept the parcel. If not, Australia Post will leave a collection note and the parcel will be taken to the nearest post office for later collection by you.

9.6 International Shipping: Clauses 9.2 – 9.5 may not apply to international orders i.e. parcels being dispatched to addresses outside of Australia. The cost of shipping parcels internationally will generally be higher than stated in Clause 9.2 and will be calculated on an individual order basis and notified to the customer at the point of sale or via email. Delivery time, tracking and conditions of delivery will be unique to each international order. The customer will be responsible for the cost of shipping the product to an international address, including any import duties or taxes, and for ensuring the product purchased is acceptable for import under customs law in the relevant country.

10. Cancellation

10.1 We may cancel an order if the product is not available for any reason. We will notify you if this is the case and refund any payment that you have made using your original payment method.

10.2 If you wish to cancel an order, please contact us (see the ‘Contact Us’ section above for our contact information). No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with our returns policy (see below).

11 Faulty Product Returns

11.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible (see the ‘Contact Us’ section above for our contact information). In order to assist the returns process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

11.2 If the product is confirmed to have a defect, we will replace the product or refund you the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.

11.3 It does not constitute a defect if, in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with instructions, using in an abnormal way or failure to take reasonable care.

12. Change of Mind Returns

12.1 Due to the cosmetic nature of our products, we do not accept change of mind returns.

13. Gift Cards

13.1 You may use gift cards or vouchers (“gift cards”) as payment for certain products on our Website. We will email gift cards to you upon request and payment of the relevant price. We accept no liability for errors in the email address provided to us. We assume no liability for the loss, theft or illegibility of gift cards. In the event of fraud, an attempt at deception or in the event of suspicion of other illegal activities in connection with the redemption of gift cards on the Website, we are entitled to close your account, cancel your order and/or require a different means of payment.

13.2 Conditions for the redemption of gift cards include the following, and may be amended from time to time at our absolute discretion:

(a) You may purchase gift cards from us for use on the Website by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.

(b) Gift cards are valid for 12 months. Any balance that remains after 12 months will not be available for use.

(c) The credit of a gift card does not accrue interest, nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards.

(d) You may only use a gift card once. If you place an order less than the value of the gift card, no refund or residual credit will be returned to you. If the credit of a gift card is insufficient for the order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an order, and gift cards may be used in conjunction with one discount code per order.

(e) If an order made using a gift card is:

i. cancelled by us or the customer prior to processing, the value of the gift card will be credited to the customer;

ii. returned due to a fault in the product, and the product is found to be faulty by us, the value of the gift card may be credited to the customer or the product exchanged up to the same value.

(f) Gift cards are applied on a pro rata basis to each product in an order for the purpose of establishing the value of the gift card to be credited.

(g) We are unable to offer refunds for change of mind or ‘sale’ items, whether a gift card is used or otherwise.

14. Discount Codes

14.1 From time to time we may release or advertise discount codes that may be applied to product purchases made on our Website.

14.2 Conditions for the redemption of discount codes include the following, and may be amended from time to time at our absolute discretion:

(a) Discount codes can only be redeemed on the Website at the time of purchase in accordance with any special terms and conditions stated or advertised.

(b) Discount codes are valid for the specified period stated only.

(c) Certain products may be excluded from discount code promotions.

(d) Discount codes cannot be redeemed for cash.

(e) Only one discount code can be used per order.

(f) Discount codes are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a discount code, and one or more products are returned in accordance with these Terms, the discount is applied on a pro rata basis to each product for the purpose of establishing refund values (if relevant).

15. Intellectual property rights

15.1 Unless otherwise indicated, we own, or license from third parties, all rights, title and interest (including copyright, designs, patents, trademarks and other Intellectual Property rights) in our Website and Social Media, and the Content made available on our Website and Social Media.

15.2 Your access and use of our Website, Social Media and any Content does not grant or transfer any rights, title or interest to you in relation to our Website, Social Media or the Content.

15.3 We do grant you a limited licence to access and use the Website and Social Media and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors. All rights not expressly granted to you under these Terms are reserved.

15.4 Any reproduction or redistribution of our Website, Social Media pages or the Content, in whole or in part, is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of our Website, Social Media pages, the Content or any part of it is prohibited, except to the extent permitted by law.

16. No commercial use

16.1 Our Website and Social Media is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained on, within, or in relation to our Website or Social Media. You may not use our Website or Social Media, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website or Social Media.

17. Indigenous Cultural and Intellectual Property (ICIP)

17.1 Our Website, Social Media and Content may incorporate ICIP, which belongs to the Aboriginal or Torres Strait Islander traditional owners or custodians of that ICIP. You agree that ownership of any such ICIP will remain at all times with the traditional owners or custodians of that ICIP.

17.2 In any access or use of the Website, Social Media or Content incorporating ICIP, you agree to:

(a) respect the ICIP rights of the traditional owners or custodians of that ICIP, and comply with any relevant cultural protocols of Bush Medijina;

(b) ensure that traditional owners or custodians continue to be acknowledged as owners of any ICIP incorporated in the Website, Social Media or Content;

(c) not use the ICIP for any purpose without the prior written consent of the traditional owners or custodians of that ICIP.

18. Third Party Material

18.1 The Website and Social Media may make available Third Party Material. Third Party Material is provided for convenience and may not remain current or be maintained.

18.2 We are not responsible for, do not endorse or make any representation about, nor do we evaluate or examine Third Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise. You use and access Third Party Material at your own risk.

18.3 We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners or controllers of Third Party Material may do the same.

19. Linked sites

19.1 Our Website or Social Media may contain links to websites or social media operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or social media and have no control over or rights in those linked websites or social media.

20. Unacceptable activity

20.1 You must not do or attempt to do any act that we would deem to be inappropriate, culturally insensitive, is unlawful or is prohibited by any laws applicable to our Website, Social Media or Content, including but not limited to:

(a) accessing or using the Website, Social Media or Content outside the scope of any permission or licence granted to you by these Terms;

(b) infringing any other third-party rights;

(c) providing false or misleading information to us, or our personnel, agents, contractors, partners, affiliates, suppliers or related service providers;

(d) compromising or disclose sensitive data or confidential information (including ICIP);

(e) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(f) using our Website or Social Media to defame or libel us, our employees, agents, contractors, partners, affiliates or other individuals;

(g) inhibiting or interfering with other users enjoyment and use of the Website, Social Media or Content;

(h) linking to our Website, Social Media or Content in a way that damages or takes advantage of our reputation, including in a way to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;

(i) causing us to breach any law, lore, regulation, rule, code or other legal or cultural obligation;

(j) uploading or depositing files to our Website or Social Media that consist of Malicious Computer Program;

(k) interfering with or circumventing security-related or other features of our Website or Social Media, or tampering or hacking or in some other way disrupting any computer system, service, network, website, router or other device used to host the Website or Social Media or make the Website or Social Media available;

(l) using data mining, robots, screen scraping or similar data gathering and extraction tools on our Website or Social Media;

(m) posting or transmitting to our Website or Social Media any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;

20.2 If we allow you to post any information or Content to our Website or Social Media, we have the right to take down this information or Content at our sole discretion and without notice.

21. Posting policy

21.1 You may upload posts, comments, images, photos, writings or any other material (Post/s) on the Website and Social Media subject to these Terms.

21.2 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any Intellectual Property in the Posts, including rights to:

(a) copy, publish, communicate, reformat, edit, adapt or translate;

(b) publicly perform or present;

(c) distribute for any purpose including for commercial or advertising purposes; and

(d) incorporate in our Website and Social Media or any other Content.

21.3 You must not upload any Posts that:

(a) are unlawful or promotes illegal behaviour;

(b) is harmful, threatening, abusive or harassing;

(c) incites violence or is graphical of violence;

(d) is pornographic or exploits people in a sexual manner;

(e) is defamatory or libellous;

(f) relates to gambling or alcohol;

(g) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;

(h) is false, misleading or fraudulent;

(i) consists of any Malicious Computer Program;

(j) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;

(k) infringes or violates another’s rights including copyright or Intellectual Property rights;

(l) invades another’s privacy;

(m) includes photographs or images of another person or another person’s property without their consent;

(n) reveals anyone’s identification documents or sensitive financial information;

(o) is posted to disrupt the operation of the Website or Social Media and its related services; or

(p) advertises any company or their goods or services other than us.

21.4 By uploading Posts on our Website and Social Media, you warrant that:

(a) you have the right and authority to provide the Posts in the manner they are posted;

(b) you own the Posts and have the right to grant the rights above to us; and

(c) the Content is not prohibited content as outlined above.

21.5 We have not reviewed and cannot review all Posts and we are not responsible for liability in relation to you Posts. We may, at our sole discretion, pre-screen, reject or remove any Posts you provide for any reason.

22. Promotions and competitions

22.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in these campaigns, promotions or contests, you need to agree to the applicable terms and conditions. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

23. Limitation of Liability

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

23.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we (including us, our partners, affiliates, third-party suppliers or any officer, director, employee, contractor, agent, body corporate or successor) be liable for any direct or indirect loss, liability, costs, damages, charges or expenses – irrespective of the manner in which it occurs – which may be suffered as a result of:

(a) your use of our Website, Social Media, Content and/or any other information or materials contained on the Website or Social Media;

(b) the unavailability, inaccessibility or interruption of usage of the Website or Social Media;

(c) the Website, Social Media or Content being incorrect, incomplete or not up-to-date;

(d) the Website, Social Media or Content being provided to you free-of-charge;

(e) any delay or failure in performance beyond our reasonable control;

(f) loss of data; or

(g) products not being sufficient for your purposes or not meeting your individual requirements.

23.2 To the maximum extent permitted by law, we are not responsible for any indirect, special or consequential liability to a customer or user (including legal fees) arising out of the provision or use of the Website, Social Media or Content, or our products or services.

23.3 To the extent we cannot exclude liability and to the fullest extent permitted by law, our aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:

(a) in the case of goods, any one or more of the following:

i. replacement of the goods or supply of equivalent goods;

ii. repair of the goods;

iii. payment of costs of replacing the goods or acquiring equivalent goods; or

iv. payment of costs of repairing goods; and

(b) in the case of services:

i. supply of the services again; or

ii. payment of the cost of supplying the services again.

23.4 Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:

(a) fraud;

(b) death or personal injury caused by our negligence;

(c) any breach of the obligations implied by law; or

(d) any other liability which cannot be excluded or limited by applicable law.

24. Indemnity

24.1 You agree to indemnify and hold us, our partners, affiliates, third-party suppliers, licensors, related service providers and any officer, director, employee, contractor, agent, body corporate or successor, harmless from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees on a full indemnity basis, incurred, suffered, due to or arising out of or in connection with:

(a) your use of the Website, Social Media or Content;

(b) your breach of these Terms; or

(c) your breach of any law or the rights of a third party in connection with your access or use of the Website, Social Media or Content.

25. Cookies Policy

25.1 You agree that:

(a) we may store cookies on your devices; and

(b) we may issue and request cookies from your device to collect both personal and non-personal information.

25.2 You may disable cookies on your browser if you do not agree to this cookies policy.

25.3 We use cookies to, including without limitation:

(a) improve our performance by reporting any errors that occur;

(b) provide statistics about how the Website and Social Media are used;

(c) remember settings that you use for our Website and Social Media;

(d) identify and show that you are logged into the Website and Social Media;

(e) link to social networks like Facebook and Twitter;

(f) provide more suitable ads tailored to you.

26. Breach and Termination

26.1 We reserve the right to rescind, suspend or terminate your access and use of the Website, Social Media or the Content at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

26.2 If you breach any of these Terms, we may take appropriate action, including but not limited to:

(a) issuing you with a warning notice;

(b) suspending your access to the Website and Social Media;

(c) prohibiting your access to the Website and Social Media.

26.3 These Terms automatically terminate if:

(a) we cease to operate the Website or Social Media;

(b) you cease to access the Website or Social Media;

(c) you do not comply with these Terms.

26.4 Upon termination of these Terms, you must immediately cease using the Website, Social Media and Content.

27. Dispute resolution

27.1 In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute prior to bringing any court proceedings. Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties will be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediation Australia mediation and conciliation rules.

28. General

28.2 Entire Agreement: These Terms embody the whole agreement of the parties relating to the subject matter of these Terms and supersedes all previous agreements in respect of your usage of our Website, Social Media and Content.

28.2 Amendment: We reserve the right to make changes to the Website, Social Media, Content and these Terms at any time without notice. All amendments will be posted on our Website. Continued use of the Website, Social Media and Content will be deemed to constitute acceptance of the new Terms.

28.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any third-party.

28.4 No waiver: No waiver by us of any default of yours under these Terms will operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you will in any way release, discharge or otherwise affect your liability under these Terms.

28.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party will be in writing and delivered by electronic mail at the email address you supply to us or to us at our offices.

28.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of us, our partners, affiliates, third-party suppliers, related service providers, licensors, manufacturers and our and their officers, directors, employees, contractors, agents, body corporates or successors, and each will have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

28.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.

28.8 Governing law: Your use of the Website, Social Media, Content and these Terms are governed by the law of the Northern Territory of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Northern Territory.

29. Bush Medijina Social Media competitions

29.1 The promoter is Bush Medijina ABN 17 671 155 857 (the Promoter).

29.2 Entry into a social media competition constitutes acceptance of these Terms.

29.3 Entry into a competition is free (excluding internet charges) and is only open to entrants who are 18 years or over. Employees (and their immediate families) of the Promoter are ineligible to enter any competition.

29.4 Each competition is open to residents in Australia and internationally.

29.5 Each competition commences and ends on the dates specified in the competition details.

29.6 To enter a competition, participants must fulfil the competition requirements as specified in the competition details. Failure to do so will result in an invalid entry.

29.7 Entrants may submit up to the maximum number of entries (if applicable) as specified in the competition details.

29.8 Entrants consent to the Promoter using their personal information provided in connection with a competition for the purposes of facilitating the conduct of the competition and awarding and advertising the award of any prizes, including to third parties involved in the competition and any relevant authorities.

29.9 The prizes for each competition are specified in the competition details which will be available or our Website and/or Social Media. The prizes are non-transferable, non-refundable, non-exchangeable, non-replaceable and non-redeemable for cash. The prizes must be taken as offered.

29.10 The prizes will be awarded to the valid entrant/s drawn randomly in accordance with the competition details. The Promoter may draw additional reserve entries. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the Promoter will then continue this process until the prize is awarded.

29.11 The winners will be notified by email or instant or direct message on social media platforms. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or 2 business days thereafter. The notification will include details about how the prize/s can be claimed. The winner must claim their prize within 7 business days of notification being received, or as otherwise stated in the competition details.

29.12 The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the competition period, it is the entrant’s responsibility to notify the Promoter.

29.13 Should the winner not claim their prize, an unclaimed prize selection will take place, a new winner selected and notified by email.

29.14 It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

29.15 Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the competition and receipt of the prize).

29.16 The winner agrees that their name and state/territory of residence may be published or disclosed in winner announcements and promotional material.

29.17 The Promoter expressly reserves the right to resolve any discrepancies, disputes or otherwise unforeseen circumstances as it deems fit and the Promoter’s decision will be final and binding upon every person who enters a competition. No correspondence will be entered into.

29.18 The Promoter expressly reserves the right to change or alter these Terms at any time.

29.19 The Promoter will not be liable for any loss or damage whatsoever that is suffered or sustained as a result of taking any prize, except for any liability that cannot be excluded by law.

29.20 The Promoter is not responsible for any entries that are not received or are otherwise interfered with due to problems with the postal service, internet or telecommunications services.

29.21 If a competition is not capable of running as planned due to any reason, including unauthorised intervention, fraud, or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of a competition, the Promoter reserves the right (subject to any applicable law) in its sole discretion to cancel the competition or to disqualify any individual who has tampered with the entry process.

 

Bush Medijina Website & Social Media Terms and Conditions – Version 1.0