TERMS OF SERVICE
This website is operated by FutureMed Global Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to FutureMed Global Pty Ltd. FutureMed Global Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FutureMed Global Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FutureMed Global Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Terms and Conditions of Sale
Binding Terms. Acceptance of any products ordered from FutureMed Global Pty Ltd constitutes an irrevocable acceptance of all Terms and Conditions contained herein except to the extent that any are inconsistent with an existing written agreement signed by an officer of FutureMed Global Pty Ltd with Customer or a GPO under which customer is purchasing, in which case such agreement shall control. FutureMed Global Pty Ltd specifically rejects any other terms or conditions proposed by customer included on any Purchase Order or other document that is not signed by an officer of FutureMed Global Pty Ltd, and the terms hereof specifically supersede any such terms imposed by customer.
Title Transfer and Risk of Loss. Shipping is FOB and Title and risk of loss pass to customer at delivery to the shipper at FutureMed Global Pty Ltd’s dock.
Returns. Customers may only return products, for credit, if FutureMed Global Pty Ltd has authorized that return via issuing an RMA. Product returns MUST be completed within 15 days of the issuance of the RMA to be eligible for full credit. All received product returns will be processed in an expeditious manner based on the receipt date with a goal to provide customers feedback on their return assessment and any resulting credits within 15 days.
If returned, product is shipped after the 15-day expiration of the RMA and the product is received in saleable condition and within shelf life guidelines, FutureMed Global Pty Ltd reserves the right to refuse the return or charge additional restocking fees. All non-returnable products will be returned directly to the customer, at customer’s expense, F.O.B. shipping point with a letter of explanation. Returns will be assessed a 15% restocking fee for all products returned between 30 – 90 days from original shipment date.
Returns over ninety (90) days are not eligible for credit and will not be authorized or accepted. An RMA will not be issued and/or credit will not be given for the following:
- Products returned WITHOUT an RMA issued in the prior 15 days
- Products not purchased from
FutureMed Global Pty Ltd or its authorized distributors
- Products returned in a condition that prevents resale. Examples include, but are not limited to:
- Discontinued products (products no longer carried in the current
FutureMed Global Pty Ltd price list)
- Products which have been used
- Products sold sterile
- Made to order or custom instruments (products not included as stocked inventory)
- Partial kits
- Engraved, etched or color-coded instruments
- Expired products or products outside minimum dating requirements
- Units of measure less than
FutureMed Global Pty Ltd original unit of issue
- Product not in original packaging
- Product that has been cleaned, lubricated, washed, or sterilized
Adjustments and Shipping Discrepancies. Customer must report all shipment discrepancies (shipping, shortages, overages, missing documents, damages, etc.) within 15 calendar days of physical delivery via email, phone and/or debit memo notification. Failure to provide notification within 15 days of physical receipt will be grounds for denial of the claim, and unsubstantiated invoice deductions will not be allowed.
Taxes. In addition to the invoiced price, the customer shall pay any tax, duty or other fee imposed on this transaction by any federal, state, or local government authority. If FutureMed Global Pty Ltd is required to prepay any such tax, duty or other fee, the customer will reimburse FutureMed Global Pty Ltd the amount of that tax, duty or other fee.
No Resale. The sold by FutureMed Global Pty Ltd are intended for the customer’s own use and are not for resale unless the customer is a FutureMed Global Pty Ltd authorized distributor.
FutureMed Global Pty Ltd is not liable for delays in delivery due to product shortages, acts of nature, war, terrorism, regulatory or carrier issues, supplier issues or any circumstances beyond its reasonable control.
Single-Use Products. All single-use products are to be used only once in delivering patient care and FutureMed Global Pty Ltd conveys no right in such patented single-use product other than the right to use it one time.
Distributor Chargebacks (applies to distributors only). FutureMed Global Pty Ltd pays chargebacks to distributors only for products purchased directly from FutureMed Global Pty Ltd and sold to end users in the Australia, who are entitled by contract with FutureMed Global Pty Ltd for a price below distributor list price. By accepting a chargeback from FutureMed Global Pty Ltd, the recipient represents that it qualifies for the chargeback and agrees that FutureMed Global Pty Ltd may audit its records to confirm.
Application of GPO Membership. FutureMed Global Pty Ltdwill administer all orders based on the Group Purchasing Organization (GPO) contract aligned with the terms of the purchase order including:
1) Must be an authorized GPO member for an order
2) Must designate a primary GPO in order for appropriate pricing to be assigned.
If either of the foregoing are not met, the Customer must instruct otherwise by emailing: firstname.lastname@example.org.
Reporting of Discounts. A purchaser must satisfy any and all requirements relating to discounts or reductions in price, including, when required by law, to disclose all discounts or other reductions in price received from FutureMed Global Pty Ltd and to accurately report under any state or federal health care program the net cost actually paid by the customer.
Payment Terms. Payment terms are established on an individual customer basis based on credit and payment history and are subject to change without notice at any time at the sole discretion of FutureMed Global Pty Ltd. The payment terms reflected on this invoice governs this transaction. All payments must be in Australian Dollars.
Warranties. All warranties provided by FutureMed Global Pty Ltd with respect to any product sold are as described in the package inserts or instructions for use available with the product or on the www.futuremedglobal.com website. OTHER THAN AS SET FORTH IN THE PREVIOUS SENTENCE, THERE IS NO IMPLIED OR EXPRESS WARRANTY ON ANY PRODUCT SOLD, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability for Damages. FutureMed Global Pty Ltd is not liable for direct, indirect, special, incidental or consequential damages arising from breach of warranty, breach of contract, negligence, or any other legal theory. Such damages include but are not limited to, loss of profits or revenues, loss of use of the product or any associated equipment, cost of capital, cost of any substitute product, facilities or services, down-time costs, lost reputation, or claims of customers for such damages.
Notwithstanding anything to the contrary herein, the total limit of FutureMed Global Pty Ltd's liability to any purchaser of its products under one or more claims shall not exceed, in the aggregate, the amount paid by such purchaser to FutureMed Global Pty Ltd in the six (6) months prior to the date of the applicable claim.
Credits. Any credits resulting from returns or otherwise will be valid and redeemable for four (4) years following the date of issuance, so FutureMed Global Pty Ltd encourages prompt utilization thereof. Credits left unused four (4) years following issuance will expire and be null and void thereafter.