Welcome to the BioMinToothpaste website available at: BioMinToothpaste.com.au (Site). This website is owned and operated by LAZARK Pty Ltd T/A LAZARK Medical (ABN 44 615 485 839), successors and assignees, (we or us).
In using our Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.
LAZARK Pty Ltd operates the Site under licence from LAZARK Holdings Pty Ltd. LAZARK Holdings Pty. Ltd. owns the documents, and intellectual property which can be accessed through the Site. By accessing the Site, purchasing products or using any of our Services, you are entering into an agreement with LAZARK Pty Ltd. You have no legal relationship with LAZARK Holdings Pty. Ltd.
General Prices and Payment
Any payments for products and or services made through the website are made to LAZARK Pty Ltd.
All prices displayed on BioMinToothpaste are in Australian Dollars and are inclusive of GST for Australian orders and exclusive of GST for NZ or other foreign orders, unless otherwise stated. Our prices and payment methods may be amended from time to time at our discretion.
You acknowledge and agree that:
(a) the Site contains Documents and information which are licensed to us;
(b) you are only permitted to use the information in the manner set out in these Terms and Conditions;
You agree not to:
(a) use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);
(b) post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;
(c) conduct surveys, contests, pyramid schemes or chain letters on the Site;
(d) introduce any form of malicious software into the Site or Services; or
(e) collect information about others on the Site without their consent.
We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.
Competitors, including companies that offer their services to competitors, are not permitted to access or use any Information accessible on BioMinToothpaste.com.au and are not permitted to use our Site.
Cancellation by Us
Should we deem that you are acting contrary to the spirit of the Site, potentially using our Services for unapproved commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site and cancel any order.
Personal and Confidential Information
You consent to us providing information, including personal information and Confidential Information, to our related bodies corporate including LAZARK Holdings Pty Ltd , to provide information, products and services to you.
We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
These obligations do not apply to Confidential Information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law or by a regulatory authority including under subpoena.
The obligations under this clause will survive termination of these Terms and Conditions.
Feedback and Dispute Resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at contact_us@LAZARK.com.au
If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.
Limitation of Liability and Disclaimer
The information, including statements, opinions and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not medical advice of any form. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk.
If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services.
Information: You acknowledge that the Information and Documents may contain mistakes, inaccuracies, and/or errors. LAZARK Pty Ltd expressly excludes any liability for such mistakes, inaccuracies, and errors to the fullest extent permissible by law. You should carefully review any information accessed through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain medical / professional dental advice from a qualified medical / dental professional if you are unsure whether a product is appropriate to your circumstances.
Services: It is your responsibility to ensure that any Product, Services or Information available through the Site meets your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for medical decisions; you should instruct dentist or doctor for advice.
Purpose: Neither LAZARK Pty. Ltd or BioMinToothpaste.com.au provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or products found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the documents or Site are free of viruses.
Currency and jurisdiction: The laws in each Australian jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our documents are in line with the relevant laws and up to date, we make no such warranty or representation.
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the products we supply to you are manufactured with due care and skill; fit for the purpose that we advertise. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our products is limited to us re-supplying the product to you, or, at our option, us refunding to you the amount you have paid us for the product to which your claim relates.
General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services.
This clause will survive termination of these Terms and Conditions.
No excluding any Australian consumer Law, LAZARK Pty Ltd guarantees BioMin toothpaste for a period of 2 years from manufacture from defects when the tube remains in a sealed state and kept away from environments greater than 30 degrees celsius.
Customers can request a refund inline with Australian Consumer Law requirements. To obtain a refund customers should return their toothpaste / product to the place of purchase with a receipt as proof of purchase. Purchases made from BioMinToothpaste.com.au can be refunded or replaced by sending an email to Contact_us@LAZARK.com.au, providing a copy of the original invoice and an explanation detailing the reason for refund. Refunds can not be requested due to change of mind. It is important to note that BioMin toothpaste can react to humidity and should always be sealed when not in use. Product failure or contamination due to customer actions can void any warranty or opportunity for replacement or refund.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
The obligations under this clause will survive termination of these Terms and Conditions.
We are not under any obligation to monitor any communications entered into regarding the Products or Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason.
We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.
We reserve the right to amend in any way we see fit the products, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you.
You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.
Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.
Jurisdiction & Governing Law: The Terms and Conditions are governed and construed in accordance with the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of NSW.
Entire Agreement: These Terms and Conditions make up the entire agreement between you, us and BioMinToothpaste.com.au, and supersede any prior agreement, understanding or arrangement between you, us and BioMinToothpaste, whether oral or in writing.
Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
Last updated 30. November 2016