User agreement

1.1 By using the fluvaccinationvouchers.com.au website and fluvaccinationvouchers.com.au (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and VaxWorks Health Services Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

Registration and User Requirements

2.1 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

Access and use of the Website

3.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.

3.2 You must not (or attempt to):

3.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks

3.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools

3.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or

3.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.

3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. We are not responsible for any unauthorised transactions.

3.4 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our own.

Information on this Website

4.1 Information about vouchers on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

4.2 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order vouchers.

Disclaimer and Liability

5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

5.1.1 errors, mistakes or inaccuracies on the Website;

5.1.2 you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;

5.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;

5.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

5.1.5 any interruption or cessation of transmission to or from the Website;

5.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

5.1.7 the quality of any product or service of any linked sites.

5.2 We do not warrant, endorse, guarantee or assume responsibility for service advertised or offered by a third party through the Website.

5.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

5.4 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

5.5 Whilst vaccination is an overwhelmingly safe and effective procedure, it is not without some risks. Prior to receiving a vaccination, you should make yourself aware of the risks involved and make an informed decision about the risks and benefits of flu vaccination. Merchants can provide further information if you are in any doubt about this.

5.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their services, prior to proceeding with any booking or services. fluvaccinationvouchers.com.au accepts no liability in this regard.

Indemnity

6.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

Placing Orders

7.1 You are responsible for all orders you place, including for any discrepancies or errors in your order caused by you.

7.2 Orders placed by you are offers to purchase a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified; or

7.3 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

7.4 We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.

7.5 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. As a general rule, we will not change or replace your order where you have had a change of mind or made an error.

7.6 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

Price, Payment and Use of Discount/Coupon Codes

8.1 The prices of vouchers are shown are in Australian dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold vouchers against your order.

8.2 A discount code may not be used in conjunction with any other discounts.

Vouchers: Use and Redemption of a fluvaccinationvouchers.com.au Voucher

9.1 Vouchers will be emailed to you. We cannot be held liable nor responsible for any loss suffered as a result of a fluvaccinationvouchers.com.au voucher not being received by you due to circumstances beyond our reasonable control.

9.2 All fluvaccinationvouchers.com.au vouchers sold on the Website are offered on behalf of third party merchants. Any fluvaccinationvouchers.com.au voucher you purchase shall be redeemable only for the specified goods or services from the relevant merchant of the services and shall only be available for redemption during the period specified on the voucher. The merchant, and not fluvaccinationvouchers.com.au, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any fluvaccinationvouchers.com.au voucher you purchase.

9.3 To the extent permitted by law (including the Australian Consumer Law), fluvaccinationvouchers.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.

9.4 The fluvaccinationvouchers.com.au voucher does not function as a stored-value card and cannot be redeemed incrementally. The fluvaccinationvouchers.com.au voucher cannot be exchanged or redeemed for cash. A fluvaccinationvouchers.com.au voucher cannot be combined with any other discount or promotional offer unless specified by the Merchant.

9.5 Neither fluvaccinationvouchers.com.au nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than fluvaccinationvouchers.com.au or the merchant) of the voucher’s unique reference number.

9.6 fluvaccinationvouchers.com.au vouchers may contain terms and conditions known as the ‘Fine Print’ that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.

9.7 fluvaccinationvouchers.com.au vouchers may be transferred, assigned or gifted to other persons (“Recipient”) and may be redeemed by the Recipient in accordance with this Agreement.

9.8 If you transfer, assign or gift fluvaccinationvouchers.com.au vouchers, you must tell them that they will be bound by these terms and conditions.

Vouchers: Availability of Services and Scheduling

10.1 You agree and acknowledge that:

10.1.1 where merchants offer services on the basis of ‘sessions’ or otherwise on a time basis, the advertised duration may be indicative and approximate;

10.1.2 merchants are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability.

10.1.3 the merchants may impose conditions such as a minimum age or other restrictions regarding health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the merchant prior to purchasing any fluvaccinationvouchers.com.au voucher, or finalising any booking and confirm that you are able to comply.

Vouchers: Bookings and Cancellations

11.1 All services promoted on the Website are offered by merchants subject to availability. Some services will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the voucher has been received. We do not guarantee that services will be available at your preferred date and time.

11.2 Bookings for the redemption of services in exchange for the supply of vouchers are made subject to any merchant policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the merchant. Unreasonably short notice cancellations may result in the cancellation of your fluvaccinationvouchers.com.au voucher if the merchant is unable to fill your space.

11.3 Merchants reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), we will not be held liable for such events and we will not reimburse you for expenses incurred by you or any other person.

Vouchers: Refunds Policy

12.1 You will be entitled to a full refund or rebooking or other remedy (in accordance with your statutory rights) when:

12.1.1 There is no Merchant within a 25km radius to provide the goods or services within the validity period;

12.1.2 The goods or services supplied by the Merchant are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;

12.1.3 The goods or services are not available within a reasonable time, taking into account the validity period of the voucher;

12.1.4 Where an appointment or booking is cancelled for reasons beyond the Merchant’s control, you must allow the Merchant opportunity to provide you with alternative booking times, subject to the availability of appointments and the terms of the voucher. You will be entitled to a full refund where your booking or appointment is cancelled by the merchant consecutively more than 3 times within the validity period.

12.2 We will only refund you in accordance with clause 12.1 where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by merchants subject to availability. Neither fluvaccinationvouchers.com.au nor the merchant is responsible where you are unable to redeem your voucher for reasons beyond fluvaccinationvouchers.com.au’s or the merchant’s control, including where you are unable to redeem your voucher because, through reasons of your own cannot meet available booking/redemption times. We will review each claim under clause 12.1 on a case-by-case basis in accordance with our refund policy.

12.3 Expired vouchers are refundable, however are subject to a $5.00 re-stocking/handling fee. 

Vouchers: Process for Claiming a Refund

13.1 Your request for a refund must be submitted via email to info@fluvaccinationvouchers.com.au. Your refund must, where applicable:

13.1.1 include the fluvaccinationvouchers.com.au voucher number;

13.1.2 include a detailed description of your experience or issue or confirming that the reequest relates to expired vouchers; and

13.1.3 be received by us within a reasonable time (at our discretion) of your issue arising.

13.2 We may verify the details of your refund with the merchant, and by asking you to provide more information and proof.

13.3 Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us. 

Intellectual Property

14.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

14.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

14.3 You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

14.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

Transfer and Assignment

15.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.

General

16.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

16.2 This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queend, Australia.

16.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

16.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy and Personal information

17.1 If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

Last updated 16 December 2017

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