automed® Terms & Conditions of Purchase

automed® Terms & Conditions of Purchase
Please review these terms carefully.

In order to use the automed® website (http://automed.io) (the Website), to complete any purchase from automed Pty Ltd ACN 160 055 130 trading as “automed®” (referred to as “automed®”, “our”, “we” or “us”)  whether through the Website or in any other way (including our authorised distributors), and before we can deliver you any Services, you must first agree to these terms and conditions of purchase (the Terms) which sets out the general legal relationship between you and us.

You acknowledge that:

  1. You are over the age of eighteen (18) years; and
  2. You have read and you agree to these Terms and our automed® Privacy Policy,

by clicking to accept, or ticking the box and signing under, “I have read and agree to the Terms and Privacy Policy of automed®”.

If you do not agree to these Terms you will not be allowed to proceed with your intended purchase, we cannot provide you with any Services, and we ask you to cease using the Website.

 

  1. CONTRACT
    • Contract
      • You agree that by clicking to accept or signing under, “I have read and agree to the Terms and Privacy Policy of automed®”, you are making an offer to enter into a contract with us.
      • You agree that the contract between you and automed® is formed when we communicate acceptance of your offer either by phone or email, this may be in the form of a ‘confirmation of order’.
      • These Terms will prevail over any other documentation or communication from you or us.
    • Updates

We reserve the right to change these Terms (and any policies of automed®) from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the Website.

  1. terms of purchase
    • Application of this clause

This clause 2 applies to the purchase of Products or Services directly from automed®, whether through the Website or in any other way.

  • Sale and Purchase
    • Subject to your compliance with these Terms, in consideration for the payment of the Price, we agree to sell and you agree to buy the Products and/or Services listed in the Order on these Terms.
    • automed® develops and manufactures a self-adjusting medication applicator for livestock (the Applicator) which will connect, receive and transfer data between a mobile device and a networked system. automed® also created the automed® OS web portal (which is a farm and livestock management software solution which compiles and stores life data, full medical history and location of each animal to a secure cloud based system) (known as “the Web Portal”) and application of use with the applicator. For the purpose of these Terms:
      • a “Product” is a product which:
        1. was manufactured by or on behalf of us;
        2. bears our registered trade mark automed®;
        3. was sold by us; or
        4. was supplied by us to an authorised distributor, who then sold the relevant automed® product,

and (where applicable) includes the access to the Web Portal and includes the Applicator.

  • a “Service” is a service which is provided by us or an authorised distributor of ours, in the form of:
    1. installation support; or
    2. technical support (either online, by phone, email or in person),

for our Products, and

  • a “Monthly Plan” refers to access to and use of the Web Portal and application on a monthly basis.
  • Orders
    • Orders for Products, Services and/or Monthly Plans can be placed with automed® online by following the instructions provided on our Website or through authorised distributors (an Order).
    • We reserve the right to accept or reject (in whole or in part) any Orders placed.
    • Once an Order has been received and accepted by us, an order confirmation will be sent to your nominated email address.
    • If we reject an Order, an order rejection will be sent to your nominated email address.
    • You may cancel your Order only if we have not yet:
      • dispatched the Product;
      • provided the Service;
      • emailed you the password or download instructions for any software application or access to the Web Portal pursuant to a Monthly Plan,

(whichever is applicable).

  • If you wish to cancel your Order for a Product or a Service pursuant to clause 2.3(e), please contact [email protected]. We will notify you of the outcome of your cancellation via an email to your nominated email address. If you successfully cancel your Order we will organise a full refund of the Price already paid.
  • Payment
    • The price of all Products, Services, the first instalment of the Monthly Plan, delivery, and any other fees or charges that may apply (“the Price”) must be paid in full at the time you place an Order.
    • Payments may be made by eWAYfor credit card payments or Ezidebit for direct debit payments or by some other means permitted by us from time to time.
    • All Prices appear in AUD dollars (unless otherwise specified) and are exclusive of any taxes or shipping/delivery fees.
    • Prices are correct at the time of display on the Website, although they are subject to change.
    • You are not entitled to set off the Price against any sums owed or claimed to be owed by us to you.
  • Security of Payment (eWAY)
    • We use the eWAY payment gateways for our online credit card transactions.  All online credit card transactions performed on the Website are secured payments.
    • The following information applies to payments received by us via the Website:
      • Payments are fully automated with an immediate response;
      • Your complete credit card number cannot be viewed by us or any outside party;
      • All transactions are performed under 128 Bit SSL Certificate;
      • All transaction data is encrypted for storage within bank-grade data centres, further protecting your credit card data;
      • eWAY are authorised third party processors for all the major Australian banks; and
      • eWAY advise that they meet the Payment Card Industry Data Security Standard (PCI-DSS standards).
    • If you have questions about security of payment through our Website, you can email us at a[email protected].
  • Security of Payment (Ezidebit)
    • We use the Ezidebit payment gateway for our direct debit arrangements.
    • If you elect payment via Ezidebit then you will be required to complete a separate direct debit authorisation form (available here) (Your Direct Debit Authority).
    • You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full.
    • We accept no liability to you for drawing funds under Your Direct Debit Authority to meet liabilities under the Order, including without limit, any additional charges imposed by your financial institution due to insufficient funds or credit in your nominated account/s.
    • If we attempt to draw funds under Your Direct Debit Authority to meet liabilities under your Order or Monthly Plan and the transaction fails, you agree that we can charge you an additional processing fee of $35 for each failed direct debit transaction. This processing fee is a genuine pre-estimate of the administrative loss that we will incur in this type of event of default.
    • The following information applies to payments received by us via the Ezidebit system:
      • Your complete bank account details cannot be viewed by us or any outside party;
      • All transactions are performed under 128 Bit SSL Certificate;
      • All transaction data is encrypted for storage within bank-grade data centres, further protecting your bank account detail data; and
      • Ezidebit advise that they are recognised as meeting the Level 1 PCI-DSS standards.
    • If you have questions about security of payment through the Ezidebit payment gateway, you can email us at [email protected].
    • If we cease using Ezidebit as an authorised method of payment, we will provide you with 30 days written notice to arrange a new direct debit authority for the new provider.
  • Delivery
    • The Price must be received in full before:
      • any Products are dispatched for delivery;
      • any Services provided; or
      • any passwords, codes or download instructions for any software applications or the Web Portal are sent to the nominated email address.
    • We endeavour to dispatch your Order within 48 hours of receipt of payment and acceptance of the Order.
    • We will send the Products (or passwords, codes or download instructions) to your nominated address (or email address, as applicable) and you must pay all delivery costs.
    • We send our Products using standard postage services; faster delivery may be available for an additional fee.
    • If we are temporarily out of stock, you will be contacted by either telephone or email and advised when the Product is expected to be available for delivery.
    • We may (in our absolute discretion) deliver the Products in any number of shipments.
    • Whilst we will use our best endeavours to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and cannot guarantee that timeframes will always be met.
    • We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Products or a failure to deliver the Products in the estimated timeframes.
  • Ownership & Risk
    • Title to the Products will only transfer to you once we have received full payment.
    • Risk in the Products passes to you at the time of delivery. Delivery is deemed to occur when we deliver the Products to the postage company (for example, Australia Post).
  1. WARRANTY
    • Additional Warranty for Applicator
      • We warrant that our Applicators are:
        • of an acceptable quality; and
        • free from defects in workmanship and materials,

the Warranty”.

  • The Warranty commences on the date of purchase of the Applicator and continues for 12 months following purchase (the Warranty Period). For clarity only, the Warranty Period does not recommence if you purchase or modify Services or a Monthly Plan at a later date.
  • If the Applicator has been purchased outright then this Warranty is transferrable to a subsequent owner of the Applicator provided that the transfer occurs within the Warranty Period. A transfer does not extend or restart the Warranty Period.
  • Warranty Exclusions
    • The Warranty does not extend to Products generally, and does not cover faults or damage caused by:
      • abuse or misuse, including any use of the Applicator outside the physical, electrical or environmental specifications of the Applicator;
      • improper installation or connection to the wrong voltage;
      • failure to clean or improper cleaning of the Applicator;
      • incorrect or improper maintenance of the Applicator;
      • exposure to heat or direct sunlight;
      • exposure to high moisture areas; or
      • animals or vermin.
    • The Warranty will also be void if:
      • you use non-automed® parts or accessories (including hardware or software);
      • you use a non-automed® repairer to repair any faults or damage;
      • you attempt to modify or do modify the Applicator in any way; or
      • the Applicator has its serial number removed, defaced or changed.
    • Unless a Product is:
      • covered by our Warranty; or
      • found to be defective in accordance with clause 3,

we reserve the right to charge you for any repair costs or delivery costs we incur in repairing any faults or damage to the Product and returning the Product to you.

  • Defective Products
    • Under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, Consumer Guarantees apply to each Product or Service purchased from us that cannot be excluded, restricted, or modified.
    • A Product is deemed to be defective if:
      • it is not of merchantable quality;
      • it is not fit for any purpose for which it is acquired by you;
      • it does not conform to any sample, specification, or other description given to you by us in relation to the Product;
      • being in the nature of Services, they are not of a reasonable standard, quality, value, or grade; or
      • it does not comply with any consumer guarantee or implied warranty applicable to the supply of the Products which cannot be excluded (including pursuant to the Competition and Consumer Act 2010 (Cth)).
    • If, upon delivery, you believe a Product purchased from us is defective (as defined in clause 3(b)), you must notify us within 3 Business Days of delivery of the Product (either by phone: (02) 6100 3016 or email, to: [email protected]) and you must send the defective Product back to us with proof of purchase (i.e. the receipt) via Australia Post express post in its original condition and packaging within 5 Business Days of giving us that notification.
    • If you do not give us notice or send the Product back to us within the timeframes in clause 3(c) and in its original condition, the Product is presumed to have been delivered in good and merchantable condition, which presumption can be rebutted.
    • If, after having used the Product, you believe a Product purchased from us is defective (as defined in clause 3(b)) you must notify us within 3 Business Days of discovering the defect (either by phone: (02) 6100 3016 or email, to: [email protected]) and you must send the defective Product back to us with proof of purchase (the receipt) via Australia Post express post in its original condition and packaging within 5 Business Days of giving us that notification.
    • If:
      • a Product returned to us in accordance with clause 3(c); or
      • a Product which is returned to us in accordance with clause 3.3(e) is found to be defective,

we will reimburse you for the cost of returning the defective Product to us within 30 days. The process of reimbursement will be set out in an email from us to your nominated email address.

  • If a Product which is returned to us in accordance with clause 3.3(e) is found to be in good working order (and not defective) then we will not reimburse you any costs for returning the Product to us for assessment. You will also be charged an additional fee for the cost of re-delivering the Product back to you.
  • To the extent permitted by law, our liability to remedy a defective Product or for a breach of a Consumer Guarantee, condition or warranty implied by the Australian Consumer Law is limited to any one or more of the following (in our absolute discretion):
    • in the case of Products:
      1. the replacement of the Products or the supply of equivalent Products, or payment of the cost of the same;
      2. the repair of the Products, or payment of the cost of the same; or
      3. (only if the Product is found to be defective within 30 days of purchase and it is returned to us pursuant to clause 3.3(c) or 3.3(e)) a refund of the Price upon the return of the Products to us; and
    • in the case of Services:
      1. supplying the Services again; or
      2. payment of the cost of supplying the Services again.
    • Change of Mind

We do not give refunds if you simply change your mind or make the wrong decision in purchasing one of our Products or Services.

  1. MONTHLY PLANS
    • Orders
      • If you are placing an Order to subscribe to a Monthly Plan then you are entering into a minimum subscription term of the equivalent of one calendar month (a month) and you agree to pay us the Price for that month in advance.

For example, if you subscribe to a Monthly Plan on 4 February then you must pay the Price on 4 February for the period of use for 4 February to 3 March. If you subscribe to a Monthly Plan on 4 May then you must pay the Price on 4 May for the period of use for 4 May to 3 June.

  • All Monthly Plans must be paid for by direct debit using Ezidebit or another service provider authorised by us.
  • The same day you paid the initial Price for the Monthly Plan will be the “automatic renewal date” in each subsequent month.

For example, if you subscribe to a Monthly Plan on 4 May then your automatic renewal date will be 4th of each calendar month thereafter until the Monthly Plan is cancelled.

  • Automatic Renewal
    • Subject to subclauses 2(c) and 4.3, your Monthly Plan will be automatically renewed for a further month on the automatic renewal date and you will be liable to pay the Price for the further month in advance.

For example, if you subscribe to a Monthly Plan on 4 May then you must pay the Price on 4 May for the period of use for 4 May to 3 June. On 4 June your Monthly Plan will renew and you must pay the Price on 4 June or the period of use 4 June to 3 July.

  • If your Monthly Plan is renewed, we reserve the right to change the Price for the further monthly plan period to align with the then-current Price. We will email or post you notice of any change to the Price to the last known address in our records at least 60 days prior to the change taking effect.
  • Cancellation & Reinstatement
    • You can cancel your Monthly Plan at any time by providing us with notice that you do not want to renew. You can do this by logging into the Web Portal and changing your subscription preferences.
    • Your Monthly Plan will be cancelled from the day immediately prior to your next automatic renewal date (the cancellation date) but you will retain the right to access the Web Portal until the cancellation date.
    • If, after you have cancelled your Monthly Plan, you want to reinstate your Monthly Plan you can do so by logging into the Web Portal and updating your subscription preferences which will be treated as a new Order and the payment date (and automatic renewal date) will be the date you pay the Price upon reinstatement.
  1. customer’s obligations AND CUSTOMER ACCOUNT
    • Customer’s Obligations

You agree to:

  • co-operate with us and provide us with any information reasonably required by us to provide you with the Products, Services or support;
  • register your details in the Web Portal;
  • keep us notified of your correct name, postal address and any phone, fax or email information; and
  • comply with all of these Terms.
  • Customer Account
    • With respect to your customer account (both with the Website and the Web Portal), you warrant and represent that you will:
      • Only submit accurate information;
      • Keep it up to date and accurate at all times;
      • Choose an appropriate password (having regard to any password criteria posted on the Website); and
      • Not transfer your account to another individual without our consent.
    • If you choose to give access to your customer account to third parties, any details provided therein must be accurate, and we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access.
  1. USER CONTENT
    • Data
      • All data collected by the Products is:
        • owned by you; and
        • stored and backed up in the Web Portal when you sync your Products to the Web Portal.
      • While you hold a valid licence to use the software and/or while you are subscribed to a Monthly Plan then you are entitled to sync and download your data from the Web Portal.
      • Once your Monthly Plan or licence expires, or you cancel your Monthly Plan, you may no longer access your data on the Web Portal unless you reinstate the Monthly Plan or you renew your licence to use the software.
      • You may apply to automed® for a downloaded copy of the data after your Monthly Plan or licence expires or is cancelled, but we reserve the rights to charge you a fee for that access.
      • We may (in our absolute discretion) destroy your data and remove your viewing access to the Web Portal 7 years after your Monthly Plan or your licence expires.
    • Disclaimer

We do not modify the data collected by you. The data is stored pursuant to the automed® protocols and coding.

  1. THIRD PARTY APPLICATIONS
    • Open-Development Platform

Our Products have been designed as an open-development platform that allows other software providers and equipment producers to easily integrate and synchronise their products with automed®. Plugins for automed® OS are essential to properly integrate into your larger management system.

  • Third Party Applications
    • If you wish to integrate your existing products or applications (or new products or applications) with the automed® system or Products then you must contact us so we can provide you with the appropriate integration documentation.
    • If you attempt to integrate your existing products or applications (or new products or applications) with the automed® system or Products without following our recommended procedures (detailed in our integration documentation) then:
      • we do not make any representations that the Products will continue to operate as intended; and
      • any Warranty which we had provided for our Products is void.
  1. Termination
    • Suspension and termination of access to the Website or the Web Portal
      • If we suspect you are violating any of these Terms or engaging in any unlawful behaviour we may (in our absolute discretion):
        • suspend your access to the Website and the Web Portal; and/or
        • suspend your customer account;

with immediate effect.

  • If we suspend your access pursuant to clause 8.1(a), we reserve the right to investigate any potential or actual violation of these Terms and the right to investigate any potential or actual unlawful behaviour. We will give you written notice within seven (7) days of your suspension setting out the detail of any investigation or reasons for the suspension and we will allow you three (3) Business Days to remedy any violation of these Terms or unlawful behaviour or provide evidence to our satisfaction that there has been no violation of these Terms or unlawful behaviour.
  • Even if we do not suspend your access pursuant to clause 8.1(a), we will give you written notice setting out your violation of these Terms and we will allow you three (3) Business Days to remedy that violation or provide evidence to our satisfaction that there has been no violation of these Terms.
  • If you fail to remedy the violation of Terms or unlawful behaviour in the time allowed (or if you fail to provide evidence that there has been no violation or unlawful behaviour) then we may:
    • terminate your access to the Website and the Web Portal;
    • terminate your Monthly Plan;
    • terminate your customer account; and/or
    • block future access to the Website, the Web Portal and your customer account,

with immediate effect.

  • If we agree that on the evidence you provide that there has been no violation or unlawful behaviour, we will lift any suspension of your account. We are not liable for any loss or damages whatsoever arising out of the suspension.
  • You acknowledge that you have the onus of demonstrating to our satisfaction that you have not violated these Terms or have not engaged in an unlawful behaviour pursuant to this clause 8.1.
  • Termination of a Purchase Order

If payment of an Order is not completed or accepted, we reserve our rights to terminate the delivery of any Order contingent on that payment.

  1. Damages
    • Reservation of Rights

We reserve all of our rights to recover any loss or damage incurred as a result of your breach of these Terms.

  • Indemnity

You agree to indemnify and hold us harmless for any claims for loss or damage suffered by any person arising out of your breach of these Terms, including but not limited to:

  • your failure to obtain proper authority to obtain, collect or submit any personal information to us;
  • your failure to follow the instructions for any Product or the Web Portal, or any misuse of the Products or Web Portal;
  • your failure to provide us with true and accurate information; and
  • granting any third party access to your personal information.
  1. LIMITATION OF LIABILITY
    • Exclusion

In no event will automed® be liable (including liability for negligence) for any loss or damage (including death, personal injury or property loss or damage) whatsoever arising out of:

  • a person’s reliance upon the material contained in the Website or the Web Portal or any other information incorporated by reference;
  • a person’s use of, access to or inability to use or access the Website, the Web Portal or any internet website linked to the Website or Web Portal;
  • the purchase of any Product or Service from us; or
  • a person’s use or misuse of any Product purchased from us.
  • No economic loss

We will not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit or other economic loss suffered by you (or a third party) howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

  • Delivery

We will not be liable under any circumstances for any loss occurring to you or any third party by reason of any delay in the delivery of Products or Services or the delivery of Products to an incorrect address.

  1. Privacy
    • Authority

You warrant that you have the authority to obtain, collect, and submit any personal information delivered to us in connection with the use of the Website, the use of the Web Portal or the purchase of Products or Subscriptions from us.

  • Consent to Privacy Policy

By using the Website and/or by agreeing to these Terms through the purchase of a Product or Service, you consent to your personal information being collected, used and disclosed in accordance with these Terms and the automed® Privacy Policy.

  1. General
    • Entire Agreement

These Terms:

  • are the entire agreement of the parties concerning everything connected with the subject matter of these Terms; and
  • supersedes any prior representations, statements, promises or understanding on anything connected with that subject matter.
  • No waiver
    • Any delay or failure to enforce any term of these Terms will not be deemed to be a waiver.
    • There is no implied waiver by either party in respect of any term of these Terms and any waiver granted by either party shall be without prejudice to any other rights.
    • Any waiver must be in writing and does not cover subsequent breaches of the same or a different kind.
    • A waiver by a party of its rights under these Terms is only effective in relation to the particular obligation or breach in respect of which it is given.
  • No Assignment
    • You must not assign any of your rights under these Terms to any person without our written consent. Any such consent may be given or withheld in our absolute discretion.
    • We may assign any of its rights under these Terms to any person by written notice to you.
  • Severability

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

  • Governing law

You agree that all matters relating to the use of the Website and purchase of any Products or Services from the Website, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.

  • Contact Us

If you have any questions regarding the Terms or your Products, Services or Subscriptions, please contact us by visiting our website at http://automed.io  or at:

automed Pty Ltd

Attn: Management

Phone:             (02) 6100 3016

Email:               [email protected]

Post: PO Box 491, Belconnen ACT 2616 Australia