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Terms
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TERMS OF USE
Thank you for visiting the xtreme chemist Web site (the "Site")www.xtremechemist.com.au
is a leading online pharmacy: a retail store and information site for pharmaceutical
products. The Site is designed to provide a convenient, private and informative
retail experience for consumers to purchase products essential for maintenance of
good health and for prevention of future illness. Accessible 24 hours a day, 7 days
a week, the xtremechemist.com.au online store offers an easy and convenient
method of ordering pharmaceutical products online, along with a wealth of health-related
information. xtremechemist.com.au want each visitor to the Site ("you")
to have a safe, pleasurable visit, so we have established the following terms and
conditions so that we both know what to expect from each other. By using the Site
you agree to be bound by the terms following. Please read them carefully. Your usage
of the Site indicates your acceptance of these terms and conditions. Your placement
of an order also indicates your acceptance of these terms and conditions.
INFORMATION DISCLAIMER
All information supplied has NO WARRANTY whatsoever. Information and statements
are not intended to diagnose, treat, cure, or prevent any disease. No warranty is
made that any information on or linked to this site is complete and/or accurate.
All information contained on the Site, including information relating to medical
and health conditions, products and treatments, is for informational purposes only.
It is often presented in summary or aggregate form. Professional advice is required
for each particular illness, disease, infection, injury or other medical condition
and for dosages of the pharmaceutical product supplied via this Site. This information
is not to be taken as any sort of medical advice whatsoever .You take full and total
responsibility for what you do with this information, and any resulting outcomes
from your actions. The information contained in this Site is not intended nor is
it implied to be a substitute for professional medical advice or any information
contained on or in any product packaging or labels. Always seek the advice of your
Pharmacist, General Practitioner, other medical practitioner or qualified health
provider when starting any new medical treatment, continuing with medical treatment
or with any questions you may have regarding yours or any other parties medical
condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN
FOR MEDICAL DIAGNOSIS OR TREATMENT.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by xtremechemist.com.au. Unless otherwise
specified, all material appearing on this site, including the text, site design,
logos, graphics, icons and images, photographs, graphics, typefaces and other material
(collectively "Content") as well as the selection, assembly and arrangement
thereof is subject to applicable copyright laws. No materials from this site may
be copied, reproduced, modified, republished, uploaded, posted, transmitted, or
distributed in any form or by any means without Xtreme Chemist prior written
permission. All rights not expressly granted herein are reserved. Any unauthorised
use of the materials appearing on this site may violate copyright, trade mark and
other applicable laws and could result in criminal or civil penalties.
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, xtremechemist.com.au MAKES NO REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD
ON THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, xtremechemist.com.au EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRO DUCTS
SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
xtremechemist.com.au ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE
PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL xtremechemist.com.au, ITS
DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL
xtremechemist.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES,
THIRD- PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE. IN ADDITION xtremechemist.com.au, DO NOT MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION,
CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE. FURTHER, xtremechemist.com.au
EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY
OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES.
WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY,
OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY
WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES. UNDER NO CIRCUMSTANCES SHALL
WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE
OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT
OR WILFUL ACTS OF xtremechemist.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES
AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE. You agree to
indemnify and hold xtremechemist.com.au, and our directors, officers, employees
and representatives harmless from any claim or demand, including reasonable legal
fees, made by any you or any third party due to or arising out of the Content you
submit, post to or transmit through the Site, your use of the Site, your connection
to the Site, your violation of the Terms of Use, or your violation of any rights
of another.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the registration
form (the "Registration Information") and (b) maintain and promptly update the Registration
Information to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
we may suspend or terminate your registration and refuse any and all current and
future use of the Site.
PAYMENT METHODS
Credit Cards: We accept all major credit cards including, Visa, MasterCard,
American Express and Diners. There is no surcharge for using your credit card to
make purchases with xtremechemist.com.au. Please be sure to provide your
exact billing address and telephone number - the address and phone number your credit
card bank has on file for you. Incorrect information may cause a delay in processing
your order. Your credit card will be billed as soon as your order is placed. This
is done to protect the security of your credit card details, as we do not store
your card details at any point. In the event that we cannot fulfil your order or
some items cannot be shipped, we will refund the difference back to your credit
card. Money Orders, Cashier's Cheques, Company Cheques and Personal Cheques:
xtremechemist accepts money orders, cashier's cheques, personal cheques and
company cheques in $AUS. only. Orders are processed upon receipt of a money order
or cashier's cheque. For personal and company cheques, please allow up to 10 banking
days after receipt for clearance of funds before the order is processed. xtremechemist.com.au
cannot guarantee the availability of a product by the time funds clear or payment
is received. We will charge a $25 fee on all returned cheques. Please see the full
instructions below on how to pay using one of these methods.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer to
sell. xtremechemist.com.au reserves the right at any time after receipt of
your order to accept or decline your order for any reason. Xtreechemist.com.au reserves
the right at any time after receipt of your order, without prior notice to you,
to supply less than the quantity you ordered of any item. We may require additional
verifications or information before accepting any order.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site. You agree
not to access the Site by any means other than through the interface that is provided
by us for use in accessing the Site.
OUR RIGHTS
xtremechemist.com.au may elect to electronically monitor areas of the Site
and may disclose any Content, records, or electronic communication of any kind (i)
to satisfy any law, regulation, or government request; (ii) if such disclosure is
necessary or appropriate to operate the Site; or (iii) to protect our rights or
property or the rights of the users, our directors, employees, representatives,
sponsors, third party providers or licensors. We are not responsible for screening,
policing, editing, or monitoring such Content. xtremechemist.com.au may terminate
your access, or suspend your access to all or part of the Site, without notice,
for any conduct that we, in our sole discretion, believe is in violation of any
applicable law or is harmful to the interests of another user, a third-party Provider,
Merchant, Sponsor, Licensor, service provider, or us.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error
or error in pricing information received from our suppliers, xtremechemist.com.au
shall have the right to refuse or cancel any orders placed for product listed at
the incorrect price. xtremechemist.com.au shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is cancelled xtremechemist.com.au shall immediately issue a credit
to your credit card account in the amount of the incorrect price.
APPLICABLE LAW
As far as legally possible this Agreement, its terms and conditions and the Use
of this Site shall be governed by the laws in existence from time to time in Australia.
Any claim relating to the Site, the services provided through the Site or the Content
shall be governed by the internal laws of the state of New South Wales and you agree
to submit to having the matter dealt with in a court in Sydney in the state of
New South Wales, Australia.
TERMINATION
These terms are effective even if this Agreement is terminated by either party.
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.
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.
GENERAL INFORMATION
These Terms of Use constitute the entire Agreement between xtremechemist.com.au
and you and govern the use of the Site. You may also be subject to additional terms
and conditions that may apply when you use affiliate services, third-party content
or third-party software. Our failure to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavour to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect.
LIMITED PURCHASE QUANTITIES
xtremechemist.com.au reserves the right to monitor and limit the purchase
amounts of products at its sole discretion. xtremechemist.com.au reserves
the right to restrict sales to a non-commercial level at it's sole discretion. In
such cases xtremechemist.com.au will reduce product(s) to what xtremechemist.com.au
considers a non-commercial quantity. Any commercial size quantities should be request
by email to: enquiries@xtremechemist.com.au
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