Terms of Use Policy

In General

The Aussie Mall (“www.theaussiemall.com.au”) owns and operate this Website.

By using the site, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by The Aussie Mall. The Aussie Mall has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Thank you for visiting the www.theaussiemall.com.au Web site (the “Site”). The Aussie Mall is a leading online retail store and information site for milk powder, pharmaceutical and general health orientated products. The Site is designed to provide a convenient, private and informative retail experience for consumers to purchase products essential for maintenance of good health and for prevention of future illness.

Accessible 24 hours a day, 7 days a week, theaussiemall.com.au online store offers an easy and convenient method of ordering a range of leading products online, along with a wealth of health-related information.

theaussiemall.com.au want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions.

Your placement of an order also indicates your acceptance of these terms and conditions.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at the Privacy & Security Policy page (http://theaussiemall.com.au/privacy-security-policy/). By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

This document governs your relationship with www.theaussiemall.com.au, the “Website”. Access to and use of this Website and the products available through this Website, collectively referred as the “Products”, are subject to the following terms, conditions and notices, referred as the “Terms and Conditions”.

INFORMATION DISCLAIMER

All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and The Aussie Mall will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Aussie Mall or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Aussie Mall and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with The Aussie Mall, you must be over 18 years of age and possess a valid credit, debit card or payment process issued by a bank or financial institution acceptable to us. The Aussie Mall retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be The Aussie Mall or may in some cases be a third party. Where a contract is made with a third party is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit, debit card or other financial payment method used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a)Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. You may refer to Shipping Policy.

(c) Payment

Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law,The Aussie Mall and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The Aussie Mall’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Aussie Mall and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Aussie Mall.

Indemnity

You agree to indemnify, defend and hold harmless The Aussie Mall, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.

Variation

The Aussie Mall shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this Website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Aussie Mall. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of The Aussie Mall.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Aussie Mall shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Aussie Mall shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled The Aussie Mall shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Applicable Law

As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia or another Australian jurisdiction.

Termination

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

General Information

These Terms of Use constitute the entire Agreement between The Aussie Mall and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

The Aussie Mall is not responsible for the loss of any orders due to untraceable consignments numbers. The Aussie Mall is not liable for any cost that may be incurred due to customs tax or delivery tax.

The Aussie Mall holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and The Aussie Mall holds no responsibility on the order being delivered within a certain timeframe or cost.

The Aussie Mall cannot guarantee the quality of any consumable products delivered due to extended delivery times and weather and hold no liability on replacing/refunded them. The Aussie Mall cannot guarantee the quality of any food products delivered due to extended delivery times and weather and hold no liability on replacing/refunded them. The Aussie Mall will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account. The Aussie Mall is not liable for any discrepancy of currency at the time of the refund.

© THE AUSSIE MALL. All Rights Reserved 2016