Website terms and conditions
Welcome to www.standardprocedure.co (the “Site”), a website owned and operated by STANDARD PROCEDURE CO PTY LTD (“STANDARD PROCEDURE”).
1 Access and use subject to terms and conditions
Your access to and use of the Site is subject to these terms and conditions (“Terms and Conditions”) and by using the Site and/or placing an order you acknowledge and agree to these Terms and Conditions. STANDARD PROCEDURE reserves the right to amend these Terms and Conditions at any time at its discretion. Any changes will be posted on the Site and will become effective immediately. Continued use of the Site following any change to these Terms and Conditions will be deemed acceptance thereof, and each time you access or use the Site you acknowledge and agree to the Terms and Conditions as applicable at that time. If you do not agree with any provision of these Terms and Conditions you must not use the Site.
All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice of your medical or healthcare professional. You expressly agree that your use of the Site and any information on or available through the Site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law,STANDARD PROCEDURE gives no express or implied warranties and makes no representations in connection with any information contained on the Site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any health, nutritional, vitamin, supplement or related product you should seek the advice of a qualified medical or health professional to ensure such product is appropriate for your personal circumstances. You should not use or rely on any information on the Site for any purpose including without limitation in connection with the diagnosis or treatment of a medical or health condition. If you have or suspect that you have a medical or health condition you should immediately contact your doctor or qualified health professional.
3 Limitation of liability
Subject to the provisions of relevant consumer protection legislation that cannot be excluded by law, STANDARD PROCEDURE accepts no liability in connection with any information on the Site being incorrect, incomplete or misleading in any respect or for any product, good or service supplied or available via the Site. You agree that to the maximum extent permitted by law STANDARD PROCEDURE will not be liable to you or any other person for any loss, damage, cost or expense including any indirect or consequential loss, damage, cost or expense, however caused including due to breach of contract, negligence and/or breach of statute, which may be suffered or incurred or which may arise from or in connection with use of the Site, use of any product purchased or available through the Site, use of or reliance upon any of the information, products or materials contained on the Site, or our negligence or breach of any obligations under these Terms and Conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, STANDARD PROCEDURE ’s liability will be limited at its discretion to the resupply of the relevant goods or service or a refund of the costs of those goods.
4 Intellectual property
(a) Copyright and trade marks. Unless expressly specified otherwise, all material appearing on the Site (collectively, the “Content”) including all text, logos, graphics, design elements, photographs, images, data, typefaces, audio and video clips and all other content as well as the design and arrangement thereof is the property of STANDARD PROCEDURE or its content suppliers and is protected by copyright law. Certain Content including STANDARD PROCEDURE and all related product and service names together with all proprietary graphics, photographs and logos are registered and/or unregistered trade marks of STANDARD PROCEDURE and its related entities and may not be used in connection with any other product or service without BEAR’s express written consent. You acknowledge that all Content is protected by intellectual property rights and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.
(b) Use of the Site. You may use the Content and the Site solely for individual personal use in connection with the purchase of STANDARD PROCEDURE’s products and for no other purpose. No Content or other materials from the Site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without STANDARD PROCEDURE’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorised use of any Content or other materials available on the Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
(c) Links. The Site may include links to websites owned by other parties. STANDARD PROCEDURE does not endorse and is in no way responsible for any material or products contained on or any damage, offence or loss to any person visiting these websites. You may create a hyperlink to the Site provided the linked content or website does not portray STANDARD PROCEDURE, its products or any associated persons in a false, misleading, derogatory or offensive manner. If requested by STANDARD PROCEDURE you must immediately remove any hyperlink to the Site contained on your website or other digital content.
(d) Indemnity for use. You agree to indemnify and hold STANDARD PROCEDURE and its directors, officers, employees and representatives harmless from any claim or demand, including legal fees on a full indemnity basis, made by you or any third party due to or arising out of your use of the Site, any content you submit, post to or transmit through the Site, your connection to the Site, your breach of these Terms and Conditions or your infringement or violation of the rights of any person.
5 Terms of trade
When you place an order via the Site you agree and acknowledge as follows:
(b) Prices and GST. Unless expressly stated otherwise, all prices on the Site are in Australian Dollars (AUD) and are GST exclusive. We reserve the right to amend our prices at any time. Where we make a taxable supply and the price does not include GST we will be entitled to add GST. ‘GST’ means the tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax
(c) Payment. You must pay the order amount in full together with any postage or shipping charge through the Site by credit card at the time of making the purchase offer with respect to the relevant goods. STANDARD PROCEDURE accepts major credit cards and any other valid payment methods as indicated to you via the Site at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.
(d) Postage. Postage will typically incur an additional charge calculated and notified to you at time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties as may apply to your delivery.
(e) Offer and Acceptance. Your order constitutes an offer to purchase with respect to each product comprising the order for the specified price. We will at our discretion accept or reject your offer, and if we have not responded to you within 3 days your offer is deemed to be rejected. If we do not accept your offer for any reason neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. STANDARD PROCEDURE is not required to give reasons for non-acceptance of an offer.
(f) Availability. We give no undertaking as to the availability of any product advertised on the Site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.
(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
(h) Delivery. The estimated date delivery time of your order will be notified to you at the time of purchase, and if no estimated delivery time is provided will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.
(i) Eligibility. Our products are for sale to adults over 18 years in age. By making a purchase on the Site you represent and warrant that you are over 18 years of age, and we may require you to confirm your age in connection with your use of the Site.
(j) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.
(k) Returns. All sales are final. Subject to these Terms and Conditions and applicable laws, due to health and safety issues items purchased on the Site cannot be returned to or exchanged with STANDARD PROCEDURE. Any items available from the Site but purchased in a retail or department store, specialty retailer or elsewhere will only be returnable to that retailer or department store in accordance with their own return policy. Any wholesale order completed is final and the total product sell-through is the responsibility of each retailer or partner. STANDARD PROCEDURE does not accept any responsibility to absorb unsold stock from any retailer or partner under any circumstance in any region.
(l) Order cancellation due to error. If a product is listed on the Site at an incorrect price or with incorrect descriptive information or images due to typographical error or similar oversight at the time of purchase we will notify you and reserve the right to cancel the transaction. If your credit card has been charged we agree to provide a full refund for the total amount debited.
(m) Limited purchase quantities. STANDARD PROCEDURE reserves the right to monitor, restrict and/or limit sales or the purchase quantities of products at its sole discretion. STANDARD PROCEDURE reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases STANDARD PROCEDURE will reduce product(s) to what STANDARD PROCEDURE considers a non-commercial quantity. Any commercial size quantities should be requested by email to: email@example.com
(n) International destinations. STANDARD PROCEDURE endeavours to monitor international orders to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping. However, STANDARD PROCEDURE has no control over international customs or postal operations and takes no responsibility for damaged items or items claimed to be missing. STANDARD PROCEDURE will not refund any international orders where such claims are made.
(o) Destination restrictions and liability. STANDARD PROCEDURE reserves the right to restrict parcels deliverable to or ordered by users located in certain international destinations in its sole discretion. STANDARD PROCEDURE is not responsible for the loss of any orders due to untraceable consignments numbers, nor any cost that may be incurred due to customs tax or delivery tax. STANDARD PROCEDURE holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and STANDARD PROCEDURE holds no responsibility on the order being delivered within a certain timeframe or cost. STANDARD PROCEDURE cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them.
(p) Force majeure. If STANDARD PROCEDURE is delayed or prevented from performing any of its obligations under these Terms and Conditions by reason of any event or circumstance beyond its reasonable control STANDARD PROCEDURE will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
6 Access and use
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, including for any conduct that we in our sole discretion believe is in violation of any applicable law or is harmful to the interests of STANDARD PROCEDURE or its customers. 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. These terms are effective even if your access is terminated by either party. In addition, STANDARD PROCEDURE may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request, or if such disclosure is necessary or appropriate to operate the Site or to protect STANDARD PROCEDURE’s rights or the rights of our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
You indemnify STANDARD PROCEDURE and hold it harmless against all loss, actions, proceedings, costs, expenses (including legal fees on a full indemnity basis), claims and damages arising from or in connection with your actions or omissions including without limitation any breach by you of these Terms and Conditions, your access and/or use of the Site, or reliance on its contents or any information received or inferred through it by you or any person accessing any content through you.
8 Privacy and security
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason such term shall be severed and the remaining terms shall be unaffected and remain in full force and effect and the parties must use all reasonable endeavours to negotiate a suitable substitute provision.
11 Applicable law
Notwithstanding any location where you reside or may be located at the time you access, place an order or make a payment via the Site, you agree that as far as legally possible these Terms and Conditions, your use of this Site and any sale contract formed shall be governed by the laws in existence from time to time in Queensland, Australia. Any claim relating to the Site, the good or services provided through the Site or the Content shall be governed by the laws of the state of Queensland, Australia and you irrevocably submit to having the matter dealt with by the courts in Queensland, Australia.
12 Morals Clause
At all times during the term of this Agreement, the partner agrees (inclusive of its employees, officers, directors, associated parties, entities, subsidiaries, partners and affiliates) shall not: (i) behave in a manner objectionable to STANDARD PROCEDURE, nor commit an offence involving moral turpitude under Federal, state or local laws or ordinances; (ii) do or commit any act or thing that will tend to degrade STANDARD PROCEDURE (or by reference or implication) in society or bring itself into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency; or (iii) do, or refrain from doing anything that would prejudice STANDARD PROCEDURE, its employees, officers, directors, affiliates, subsidiaries, or parents, or the legal industry in general. If at any time, in the reasonable opinion of STANDARD PROCEDURE, the partner is determined by STANDARD PROCEDURE to have committed any act or done anything (whether intentionally or negligently) which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with STANDARD PROCEDURE (inclusive of its employees, officers, directors, affiliates, subsidiaries, or parents); or (iii) to otherwise violate this clause, then STANDARD PROCEDURE may immediately suspend or terminate this Agreement, in addition to any other rights and remedies that STANDARD PROCEDURE may have hereunder, at law or in equity. STANDARD PROCEDURE reserves the right, at its sole and complete discretion, to terminate this Agreement, should it be found, under reasonable endeavours, that this clause has been broken or failed. Any associated financial monies or monetary values owed under the agreement instantly, upon termination, become null and void.
13 Entire agreement
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We use Order Information to help us generate audiences through Facebook for the purpose of advertising on the Facebook and Instagram platforms.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail using the details provided in our contact page
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
You agree to defend, indemnify and hold Standard Procedure harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
This agreement is effective unless and until terminated by either you or Standard Procedure. You may terminate this Agreement at any time. Standard Procedure also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Standard Procedure' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or
Standard Procedure, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
From time to time there may be information on Standard Procedure that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not completely satisfied with your
Standard Procedure purchase, please see our returns policy or contact us at firstname.lastname@example.org
This website is provided “as is” without any representations or warranties, express or implied. www.standardprocedure.co makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.standardprocedure.co does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
www.standardprocedure.co will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if www.standardprocedure.co has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit www.standardprocedure.co's liability in respect of any:
- death or personal injury caused by www.standardprocedure.co's negligence;
- fraud or fraudulent misrepresentation on the part of www.standardprocedure.co; or
- matter which it would be illegal or unlawful for www.standardprocedure.coto exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, Standard Procedure has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.standardprocedure.cos officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.standardprocedure.co's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.standardprocedure.co .
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.