Terms & Conditions

Last updated 10-11-2018

1. DEFINITIONS

“Services” means the services provided by medicalroomsonline.com.au on the medicalroomsonline.com.au Site or Mobile Application.

“Site” means medicalroomsonline.com.au. “Medical Rooms Online ” or “Medical Rooms Online Site” or “we” or “us” or “our” means Medical Rooms Online.

“User Account” means the user account set up by a user of the Site, Mobile Application and/or Services.

2. REGISTRATION

2.1 Registration is only required to become a room supplier. Registration is required to list a room for rent or for sale.

2.2 If you are discovered to have registered multiple User Accounts using a single email or mailing address to abuse the Site or Mobile Application or system, they will be deleted automatically without prior notification.

2.3 Each person is permitted to register only once, upon which a User Account will be created, paused and manually confirmed before going live.

2.4 If you are under 18 years of age, please seek parental consent before registering.

2.5 Registration is only limited to persons who hold an Australian mailing address.

2.6 Medical Rooms Online reserves the right, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.

2.7 You warrant that your registration details, including but not limited to your name, mobile number, email address, are true and accurate at all times and that you shall not impersonate any person or entity. You will maintain and promptly update the information in your User Account to keep it true, accurate, current and complete. Our Privacy Policy shall apply in respect of any such information provided by you.

       2.7.1 We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.

2.8 Once registered, you shall be the sole user and operator of your User Account.

2.9 All User Accounts must be registered with a valid email address that you access regularly, in order that, among other things, moderation emails (where required, including notification emails in respect of registration and listings) and notification emails in respect of redemptions made by you may be sent to you. Any User Accounts which have been registered with temporary email addresses may be closed without notice. We may require Users to re-validate their User Accounts if we believe that they have been registered with an invalid email address.

2.10 If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against you, including but not limited to suspension of any or all of your User Accounts.

3. USER ID, PASSWORD AND SECURITY

3.1 In the event that any user ID and/or password is used by you or issued to you by us during the process of your signing up to be a user/member of Medical Rooms Online, you shall protect the secrecy of such user ID and/or password at all times and shall ensure that the user ID and/or password is not revealed or disclosed in any manner whatsoever to any person. You should change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this Site or Mobile Application with your user ID and/or password. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID and/or password.

3.2 Any passwords or rights given to you to obtain information or other contents are not transferable and may only be used by you. You must keep your password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security is known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Services, the Site and Mobile Application. Maintenance of the confidentiality of your password is your responsibility.

3.3 If you suspect that your password has been compromised in any manner, you shall immediately inform us and change your password.

4. MAILING ADDRESS AND ADDRESS VERIFICATION

4.2 Upon submission of your mailing address(es) to Medical Rooms Online Site, you are required to double check the accuracy of the address(es). Medical Rooms Online will not be liable for any loss or mis-delivery of any services or products as a result of your provision of a wrong/invalid address.

5. SERVICE PRODUCTS, SAMPLES, DISCOUNTS

5.1 Any free item (including samples and discounts) redeemed from Medical Rooms Online Site is not intended or allowed to be sold. If you do so, your User Account with Medical Rooms Online will be automatically deleted without prior notification.

5.2 We reserve the right to refuse to sell services, products or discounts to you if it reasonably appears to us that you intend to resell the services, products or discounts. In addition, we reserve the right to limit quantities of items purchased or discounts redeemed by you.

5.4 The posting of prices on the Site or Mobile Application is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between you and us is not entered into until we charge a valid credit card or otherwise accept payment from you.

7. LISTINGS / ROOM DESCRIPTION

7.1 Medical Rooms Online takes no responsibility for the accuracy of the colours, features and other room characteristics displayed on the listing. It is the sole responsibility of the User Account to make sure the rooms accurately represent what has been portrayed on the Site. Medical Rooms Online is purely a facilitating platform for Account Users to advertise their rooms and liaise with new clients.

7.2 We do not warrant that the room descriptions are accurate, complete, reliable, current, or fault-free. If a room offered by the Site or Mobile Application is not as described, Clause 7.1 above shall apply.

8. PAYMENTS

8.1 You represent and warrant that if you are making any payments relating to the Services, any payment information you provided is true, correct and complete.

8.2 You will pay the charges incurred for your use of the Services at the posted rates, including any applicable taxes, via the Site or Mobile Application. Payment via the Site or Mobile Application shall be completed through Stripe secured payment gateway. You need to agree to Stripes terms and conditions for the use of Stripe’s secured payment gateway which may be found at https://stripe.com/au/checkout/legal.

8.3 All payment must be made in full. Medical Rooms Online may retain any item for which we have not received payment in full until such time we receive full payment. We also reserve the right to dispose the item in any manner we deem fit in accordance with these Terms and Conditions.

8.4 We do not accept any request to split the payment for one (1) or more services, samples or discounts which are made in one (1) or more orders.

10. YOUR RESPONSIBILITY

10.1 You shall use the Services subject to the following conditions:

(a) you agree to abide by and comply with these Terms and Conditions at all times;

(b) you agree to abide by and comply with the Terms of Use of the Site and Medical Rooms Online Mobile App Terms of Use;

(c) you have provided all information we require in connection with your registration, and such information is accurate and complete.

10.2 You grant us the right to disclose specific information as required by any applicable law, direction of a regulatory authority or stock exchange or pursuant to a court order.

10.3 You acknowledge that incomplete or erroneous information provided by you may result in loss or delay in the delivery of your product, sample or voucher to your mailing address.

11. OUR RESPONSIBILITY

11.1 We will notify you of the charges you have to pay for your use of the Services.

11.2 In providing the Services, we act as an independent contractor and we are not an agent of any Merchant(s) or act in any other capacity unless otherwise specifically stated.

12. RETURN POLICY FOR ANY SALE OF SERIVCES, SAMPLES OR DISCOUNTS ON THE SITE OR MOBILE APPLICATION

12.2 All services, samples and vouchers are checked by Medical Rooms Online’s staff before delivery to ensure that they are working.

12.3 Once a service sold, Medical Rooms Online will not entertain any requests for refunds or exchanges of such service. Medical Rooms Online shall only be responsible to deliver the service ordered by you in accordance with Clause 7 above. All requests for returns and exchanges of the services shall be directed to Medical Rooms Online.

13. UNUSED SERVICES

13.1 If you fail or refuse to

(i) use the services/subscriptions ordered by you, we may at our sole discretion:

(a) where appropriate, contact you and agree on the appropriate action to take;

(b) dispose the service, sample or discount in any manner we deem fit without being liable to you.

14. DISCLAIMER AND EXCLUSION OF LIABILITY

14.1 We shall not be liable for all direct, indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention, resulting from your use of the Services, products, samples or vouchers, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of God.

14.2 The Services, are provided on an “as is”, “as available” basis without any warranties whether express or implied.

14.3 We give no warranty as to the genuineness or authenticity of any product, sample or voucher from any Merchant.

14.4 You take responsibility for the use of any services or samples, taking into consideration the constitution of the person using such products or samples. For the avoidance of doubt, we shall not be liable for any consequence of use of services or samples.

14.5 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services, the Site or the Mobile Application will be free of faults or that Samples will be free of error, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at [email protected]

14.6 We do not warrant that your use of the Services, the Site or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services, the Site or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services, the Site and the Mobile Application, access to the Services, the Site and the Mobile Application may be suspended, restricted or terminated at any time.

14.7 We do not give any warranty that the Services, the Site and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

14.8 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Site or Mobile Application from time to time. Your access to the Site or Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Samples or Services from the Site or Mobile Application at any time.

14.9 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

15. INDEMNITY

15.1 You shall indemnify and keep us indemnified at all times from and against all demands, claims, actions, suits and proceedings incurred, suffered or sustained by us in connection with the Services performed for you, and pay us damages, costs and interest in connection with such demands, claims, actions, suits or proceedings.

16. TERMINATION BY US

16.1 We reserve the right to terminate or suspend your User Account and/or the Services at any time without assigning any reason.

16.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Services if:

(a) there is abuse or misuse of the Services by you; or

(b) we are of the reasonable opinion that you have breached any of these Terms and Conditions.

16.3 We shall not be liable to you or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.

16.4 Upon the termination of any User Account, Medical Rooms Online reserves the right to delete from server(s) any information contained in the Site or Mobile Application, including, but not limited to, postings, comments, bookmarks, messages, user ratings and points in account. There will be no refund to any kind on termination and you agree to waive all rights to claim or request of such refund.

17. TERMINATION BY YOU

17.1 You may terminate use of the Services by giving us at least one (1) calendar month’s prior notice in writing to the address specified in Clause 18, and/or click here to contact us.

17.2 Your termination of use of any Services shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges

18. NOTICES

18.1 Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to you if the same is sent by ordinary post or email to the address provided under your User Account, or such other address as informed to us in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever.

18.2 All notices or correspondence from you to us must be in writing and sent to us at the address or email specified below.

Medical Rooms Online

PO BOX 185

PADDINGTON  QLD  4064

[email protected]

19. ASSIGNMENT AND SUB-CONTRACT

19.1 We have the right to assign or transfer or sub-contract all or part of our rights or obligations here under at our discretion without prior notice to you.

20. CHANGES TO TERMS OF USE

20.1 These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions will be effective upon publication on the Site or Mobile Application. You should therefore read these Terms and Conditions carefully before you place any order. Your continued use of the Services after any modifications to these Terms and Conditions indicates your acceptance of the modified Terms and Conditions.

21. APPLICABLE LAW AND JURISDICTION

21.1 The laws of Australia, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms and Conditions.

21.2 You accept and agree to submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute or difference arising out of and/or in connection with these Terms and Conditions.

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