Terms of service

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.