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KINDLY READ! This site REQUIRES FACTOR TO CONSIDER FOR AND AS A CONDITION OF ALLOWING YOUR USE OF MyCPAP.com.au.

BY ACCESSING OR USING THIS WEBSITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, BUSINESS, OR LEGAL ENTITY, WHICH YOUR USE AND/OR COMMUNICATION, IN ADDITION TO CONTINUING TO USE OR INTERACT, WITH THE WEBSITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE IN ADDITION TO OTHER AGREEMENTS THAT WE MAY POST ON THE WEBSITE.

BY VIEWING, VISITING, USING, OR INTERACTING WITH This site OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE ARRANGEMENTS OF THIS TERMS OF USE POLICY AND THE PERSONAL PRIVACY POLICY OF This website.

This site SPECIFICALLY DENIES GAIN ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE KIDS’S ONLINE PERSONAL PRIVACY SECURITY ACT (COPPA) OF 1998.

This site RESERVES THE RIGHT TO DENY ACCESS TO ANYONE OR AUDIENCE FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PERSONAL PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR WATCHING, This site MAY TO GATHER AND KEEP DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THIS TERMS OF USE CONTRACT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE RESPONSIBILITY, AS PART OF THE FACTOR TO CONSIDER FOR PERMISSION TO GAIN ACCESS TO This website, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT This site.

Parties To The Regards To Use Arrangement

Visitors, viewers, users, customers, members, affiliates, or customers, jointly referred to herein as “Site visitors,” are celebrations to this arrangement. The site and its owners and/or operators are parties to this arrangement, herein referred to as “Website.”.

Use Of Information From This Site

Unless you have become part of an express composed contract with this web site to the contrary, visitors, audiences, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to relay it, copy it, save it, print it, sell it, or release any portions of the material of this website. By accessing the contents of this web site, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and could subject you to civil or criminal penalties. Once more, Site visitor has no rights whatsoever to make use of the material of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other copyright the website might include, for any reason or for any use whatsoever. In recognition of the truth that it may be hard to quantify the precise damages emerging from infringement of this arrangement, Site visitor agrees to compensate the owners of this site with liquidated damages in the amount of U.S. $10,000, or, if it can be computed, the actual costs and real damages for breach of this arrangement, whichever is greater? Visitor warrants that he or she understands that accepting this arrangement is a condition of accessing this site and that accessing this site constitutes approval.

OWNERSHIP OF WEB SITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS INTERNET SITE.

The site and its contents are owned or authorized by the web site’s owner. Material included on the site has to be presumed to be exclusive and copyrighted. Site visitors have no rights whatsoever in the site material. Use of website content for any reason is unlawful unless it is done with express agreement or authorization of the internet site.

HYPERLINKING TO WEBSITE, CO-BRANDING, “FRAMEWORK” AND REFERENCING SITE PROHIBITED.

Unless specifically authorized by website, no person may hyperlink this site, or sections thereof, (consisting of, however not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Moreover, you are not allowed to reference the URL (website address) of this website or any page of this internet site in any industrial or non-commercial media without express permission from us, nor are you enabled to ‘frame’ the website. You particularly accept cooperate with the Web site to remove or de-activate any such activities, and be accountable for all damages developing from violating this provision. In recognition of the truth that it might be tough to measure the exact damages developing from infringement of this stipulation, you accept make up the owners of this site with liquidated damages in the quantity of U.S. $10,000, or, if it can be determined, the actual expenses and actual damages for breach of this arrangement, whichever is higher. You call for that you understand that accepting this provision is a condition of accessing this website which accessing this website makes up approval.

Disclaimer For Contents Of Site

This site disclaims any responsibility for the accuracy of the content appearing at, connected to on, or pointed out on this site. Visitors presume all risk connecting to seeing, checking out, utilizing, or relying upon this details. Unless you have otherwise formed an express contract to the contrary with us, you have no right to depend on any info contained herein as precise. We make no such service warranty.

DISCLAIMER FOR DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. SITE VISITOR PRESUMES ALL THREAT OF VIRUSES, WORMS, OR OTHER CORRUPTING ELEMENTS.

We presume no responsibility for damage to computer systems or software application of the site visitor or any person the site visitor consequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Once again, visitor views and interacts with this site, or banners or pop-ups or marketing showed thereon, at his own threat.

Disclaimer For Damage Caused By Downloads

Site visitor downloads details from this website at this own threat. Web site makes no guarantee that downloads are devoid of damaging computer codes, consisting of, however not restricted to, viruses and worms.

Restriction Of Liability

By seeing, making use of, or interacting in any manner with this website, including banners, advertising, or pop-ups, downloads, and as a condition of the internet site to allow his legal watching, Site visitor permanently waives all right to claims of damage of any and all description based on any causal element resulting in any possible damage, no matter how abhorrent or substantial, whether physical or psychological, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now enable these exclusions our optimum liability will certainly not go beyond the quantity paid by you, if any, for using our website or service.

Additionally, you agree not to hold us responsible for any damages connected to problems beyond our control, consisting of however not restricted to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or facilities, labor shortages or disruptions (including unlawful strikes), shortages of products, and other occasions which are not within our control.

Indemnification

Visitor agrees that in the event he causes damage to us or a 3rd party as a result of or associating with using this site, Visitor will indemnify us for, and, if suitable, protect us versus, any claims for damages.

Submissions

Visitor concurs as a condition of watching, that any communication in between Visitor and Site is deemed a submission. All entries, including sections thereof, graphics contained thereon, or any of the material of the entry, will end up being the unique property of the Web site and might be used, without additional permission, for commercial use without added consideration of any kind. Site visitor accepts only communicate that details to the Website, which it wants to forever allow the Website to utilize in any manner as it chooses. “Submissions” is likewise a stipulation of the Privacy Policy.

Notification

No added notice of any kind for any factor is needed to be given to Site visitor and Visitor expressly necessitates an understanding that the right to notice is waived as a condition for consent to see or interact with the web site.

Conflicts

As part of the factor to consider that the Website needs for viewing, using or communicating with this internet site, Visitor accepts use binding arbitration for any claim, disagreement, or controversy (“CLAIM”) of any kind (whether in agreement, tort or otherwise) developing out of or connecting to this purchase, this product, including solicitation problems, personal privacy issues, and terms of use issues.

Arbitration will be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are offered from the American Arbitration Association, 335 Madison Opportunity, Floor 10, and New York, New York, 10017-4605. Hearing will occur in the city or county of the owner of this site.

In no case shall the audience, site visitor, member, customer or client can go to court or have a jury trial. Viewer, site visitor, member, subscriber or customer will not deserve to take part in pre-trial discovery except as supplied in the rules; you will not can participate as a representative or member of any class of plaintiffs referring to any claim subject to arbitration; the arbitrator’s choice will be final and binding with restricted rights of appeal.

The prevailing celebration will be compensated by the other party for any and all expenses connected with the conflict arbitration, including attorney costs, collection fees, investigation fees, travel costs.

Jurisdiction And Location

If any matter concerning this purchase will be brought before a law court, pre- or post-arbitration, Audience, visitor, member, customer or customer agrees to that the sole and proper jurisdiction to be the state and city proclaimed in the contact details of the internet owner unless otherwise right here defined. On the occasion that litigation is in a federal court, the correct court will be the closest federal court to the owner of this site’s address.

Appropriate Law

Viewer, visitor, member, customer or client concurs that the applicable law to be applied shall, in all cases, be that of the state of the owner of this site.

Terms Of Trade

This website is owned and operated by MyCPAP ABN 93 383 176 585 (“MyCPAP “, “we” or “us”).

Any person (“you”) who uses this website to purchase goods will be taken to have read and understood, and agreed to be bound by, our trading terms and conditions (“Terms of Trade”), which are set out below.

We reserve the right to amend or supplement the Terms of Trade at any time without providing notice to you. Any reference to the Terms of Trade includes the Terms of Trade as so amended or supplemented.

Ordering, delivery and payment of goods

Orders for goods may only be placed in the manner set out on the Order process web page.

No order will be dispatched to our distribution agent (“agent”) before payment has been received to our satisfaction.

Although we will advise you in good faith of the estimated date and time of the delivery of the goods, we accept no liability for any delay in delivery that may occur. No order may be cancelled by you by reason of any such delay.

You will not be charged any additional amount for any face-to-face consultation that may be provided to you by our agent at the time you collect the goods. However, you may be charged a consultation fee for any subsequent clinical support you may receive from our agent.

Defective goods

Goods must be examined by you as soon as they are received.

In the case of damage or other defect, you must notify our agent, by phone or email, within 48 hours of receipt, giving details of the nature of the damage or defect.

You must return any damaged or defective goods to our agent or contact MyCPAP as soon as possible after noticing the damage or defect, to enable any warranty claim to be made (see further below).

If upon the return of the goods , we are satisfied that the goods are damaged or defective, and that the manufacturer’s warranty applies, then either:

(i)    we will arrange for the damaged or defective goods to be repaired,

(ii)    if the damaged or defective goods cannot be repaired then, subject to availability of stock, we will dispatch a replacement item to our agent for delivery to you as soon as practicable.

Return of non-defective goods

If you wish to return any goods to us, you may only do so if such goods are:

  • unopened, i.e. still in their original packaging
  • not damaged or defective in any way
  • returned to our agent within 14 days of their original receipt by you

The cost of returning the goods to us is to be borne by you.

Until we have received the goods so returned by you, the risk of any loss, non-delivery, damage to or deterioration of such goods from any cause whatsoever is to be borne by you, and we will not be liable for any consequential damages arising from any such event.

If upon the return of the goods to us or our agent, we are satisfied that the goods so returned are not damaged or defective in any way, and are thus still in a saleable condition, we will refund to the amount originally expended by you in purchasing the goods.

Warranties/liability

Upon your purchase of any goods, you will be entitled to receive such warranties as are made available to purchasers by the relevant manufacturer of the goods, normally 2 years for CPAP machines and 3 months for masks.

Except as is specified below, any condition or warranty on our part which would otherwise be implied in the Terms of Trade is hereby excluded.

Where legislation implies in the Terms of Trade any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in the Terms of Trade.

However, our liability for any breach of such condition or warranty will be limited, at our option, to one or more of the following:

(a)    if the breach relates to goods:

(i)    the replacement of the goods or the supply of equivalent goods;

(ii)    the repair of such goods;

(iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods;  or

(iv)    the payment of the cost of having the goods repaired;  and

(b)    if the breach relates to services:

(i)      the supplying of the services again;  or

(ii)    the payment of the cost of having the services supplied again.

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