Terms of Service

Overview

Welcome to Enzo Medix. The terms “we”, “us” and “our” refer to Enzo Medix.

Enzo Medix operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer or user, with access to our online store and related services.

Enzo Medix is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced on this website, describe your rights and responsibilities when you visit, browse, interact with or purchase from our website.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our related website policies, including our Privacy Policy, Shipping Policy and Refunds & Returns Policy.

If you do not agree to these Terms of Service or our related policies, you should not use or access our Services.

Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.

Where our goods or services come with guarantees, rights or remedies under the Australian Consumer Law, those rights apply in addition to any warranties, returns, refunds or remedies stated on this website.

If there is any inconsistency between these Terms and your rights under the Australian Consumer Law, your rights under the Australian Consumer Law will apply to the extent required by law.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and have given us consent to allow any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide to us is correct, current and complete, and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account, except where responsibility cannot be assigned to you under applicable Australian law.

You must not transfer, sell, assign or license your account to another person without our prior written consent.

Section 2 - Our Products

Enzo Medix supplies first aid training supplies, workplace first aid kits, protective equipment, bandages, kit refills and related products for trainers, workplaces, clinics, support providers, organisations and other customers.

We make reasonable efforts to provide accurate representations of our products and services in our online store. However, colours, packaging, sizing, product appearance or product images may appear differently depending on the device, screen settings or browser used to access the store.

Product packaging, labelling, specifications, inclusions and availability may change from time to time. Where a substitution or significant change is required, we will take reasonable steps to contact you before dispatch where appropriate.

All product descriptions are subject to change at any time without notice, subject to applicable Australian law.

We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, business, geographic region or jurisdiction on a case-by-case basis, subject to applicable Australian law.

Certification, registration and compliance information may vary by product. Where applicable, products may include or be supported by certification, registration or compliance documentation such as TGA, ARTG, CE, FDA, ISO or other relevant documentation.

Customers should contact us before purchase if they require certification, registration, ARTG details, compliance documentation or suitability confirmation for a specific product.

Information on this website is not medical advice, clinical advice, regulatory advice or workplace compliance advice. Customers are responsible for ensuring products are suitable for their intended use, workplace requirements, training requirements, clinical environment or compliance needs.

Section 3 - Orders

When you place an order, you are making an offer to purchase the products in that order.

Your order is not accepted until Enzo Medix confirms acceptance or dispatches the order. We must receive and process your payment before your order is accepted.

We reserve the right to accept, decline, limit or cancel orders where appropriate, subject to applicable Australian law.

Please review your order carefully before submitting it, including products, quantities, shipping details and billing details.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was made.

You may request to cancel your order if it has not yet been shipped. Once an order has been shipped, it cannot usually be cancelled. In that case, any return request will be handled in accordance with our Refunds & Returns Policy and the Australian Consumer Law.

Your purchases are subject to return or exchange in accordance with our Refunds & Returns Policy and any rights you may have under the Australian Consumer Law.

Nothing in our Refunds & Returns Policy limits or excludes your rights under the Australian Consumer Law.

Customers may be entitled to a repair, replacement, refund or other remedy where required by law, including where a product fails to meet a consumer guarantee.

Unless expressly agreed by Enzo Medix, products purchased from our website are not supplied for unauthorised commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed, unless there is an obvious error or the price is corrected before the order is accepted.

Unless otherwise expressly stated, posted prices do not include shipping, handling or other delivery charges.

Shipping options and charges are shown at checkout before payment.

Prices posted in our online store may be different from prices offered by third parties or other marketplaces.

We may offer promotions from time to time. Promotions may be subject to additional terms and conditions. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will apply to the extent of the conflict.

You agree to provide current, complete and accurate purchase, payment, billing and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment details, so we can complete transactions and contact you as needed.

You represent and warrant that:

1. the payment information you provide is true, correct and complete;
2. you are authorised to use the payment method provided;
3. charges incurred by you will be honoured by your payment provider; and
4. you will pay all charges incurred by you, including product prices, shipping and handling charges and applicable taxes.

Section 5 - Shipping and Delivery

Enzo Medix ships products Australia-wide from Canberra, subject to product availability and carrier availability.

We mainly use Australia Post, InterParcel and other carrier-based shipping options. Available delivery options may vary depending on delivery location, order weight, parcel size, order value and carrier availability.

Shipping options and charges are calculated at checkout based on delivery location, order weight, parcel size, order value and available carrier services.

All available shipping options and final shipping charges will be shown at checkout before payment.

Our current shipping options may include:

• local delivery rates for Canberra, Queanbeyan and Jerrabomberra;
• flat-rate shipping for QLD, NSW and VIC based on order weight;
• Australia Post carrier-calculated rates where available;
• carrier-based rates for WA, NT, TAS and SA; and
• free shipping thresholds based on delivery location and order value.

Current shipping thresholds and rates are listed in our Shipping Policy and FAQ page.

As a guide, current free shipping thresholds may include:

• Canberra, Queanbeyan and Jerrabomberra: free shipping on orders over $100;
• QLD, NSW and VIC: free shipping on orders over $750; and
• WA, NT, TAS and SA: free shipping on orders over $1,000.

Shipping rates, delivery options and free shipping thresholds may be updated from time to time. The final shipping options and charges shown at checkout apply to your order.

Delivery timeframes are estimates only and commence from the date your order is shipped, not the date your order is placed.

Estimated delivery dates are not guaranteed unless expressly stated otherwise. Delivery times may vary due to carrier delays, public holidays, weather events, freight disruptions, delivery location, order size, stock availability or other circumstances outside our control.

Products may be delivered in separate shipments.

Customers are responsible for providing complete and accurate shipping information. Enzo Medix is not responsible for delays, failed deliveries or additional shipping charges caused by incorrect or incomplete delivery details provided by the customer.

Once products are transferred to the shipping carrier, delivery will be managed by the selected carrier. Nothing in this section limits any rights you may have under the Australian Consumer Law.

Section 6 - Returns, Refunds and Consumer Guarantees

Returns and refunds are handled in accordance with our Refunds & Returns Policy and the Australian Consumer Law.

Customers may be entitled to a repair, replacement, refund or other remedy where required by law, including where a product fails to meet a consumer guarantee.

For change-of-mind returns, products must generally be unopened, unused, in original packaging and in the same condition as received, unless otherwise required by law.

Unless otherwise required by law or agreed by Enzo Medix, customers are responsible for return shipping costs for change-of-mind returns.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.

Section 7 - Intellectual Property

Our Services, including but not limited to trademarks, business names, logos, text, product descriptions, displays, images, graphics, videos, audio, page layouts, designs and other website content, are owned by Enzo Medix, its affiliates, suppliers, licensors or relevant third parties.

These Terms permit you to use the Services for lawful personal or business purchasing purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except where permitted by law.

Nothing in these Terms grants you any licence or other rights in Enzo Medix’s intellectual property, Shopify’s intellectual property or any third-party intellectual property, except as expressly stated.

Enzo Medix’s names, logos, product names, service names, designs and slogans are trademarks or branding of Enzo Medix or its licensors. You must not use these without prior written permission from Enzo Medix.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 8 - Optional Tools

You may be provided with access to customer tools or third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge and agree that access to such tools is provided “as is” and “as available”, without warranties, representations or conditions of any kind, except as required by law.

Any use of optional third-party tools offered through the Services is at your own risk and discretion. You should ensure that you understand and approve the terms on which those third-party tools are provided.

We may, in the future, offer new features through the Services, including new tools and resources. Such new features will be deemed part of the Services and will be subject to these Terms of Service.

Section 9 - Third-Party Links

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites, except where liability cannot be excluded under applicable Australian law.

Please review third-party policies and practices before engaging in any transaction with a third party.

Section 10 - Relationship with Shopify

Enzo Medix is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Enzo Medix.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Enzo Medix, including any injury, damage or loss resulting from products and services purchased from Enzo Medix, except where responsibility cannot be excluded under applicable law.

Section 11 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and relevant third-party service providers, which may be located outside Australia, in order to provide services to you.

Please review our Privacy Policy for more information about how we collect, use, store and protect personal information.

Section 12 - Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting our Services.

You represent and warrant that:

1. you own or have all necessary rights to provide the Feedback;
2. you have disclosed any compensation or incentives received in connection with the Feedback; and
3. your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, objectionable or in breach of intellectual property rights or these Terms.

You must not use a false email address, pretend to be someone else or mislead us or third parties about the origin of Feedback.

You are responsible for the Feedback you provide and its accuracy.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable Australian law.

Section 14 - Prohibited Uses

You may access and use the Services for lawful purposes only.

You must not access or use the Services, directly or indirectly:

1. for any unlawful or malicious purpose;
2. to violate any laws, regulations, rules or local ordinances;
3. to infringe our intellectual property rights or the intellectual property rights of others;
4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any person;
5. to transmit false or misleading information;
6. to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;
7. to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;
8. to impersonate or attempt to impersonate any person or entity;
9. to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services;
10. to upload or transmit viruses, malware or malicious code;
11. to reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
12. to collect or track personal information of others;
13. to spam, phish, pharm or pretext the Services;
14. to use robots, spiders, scraping tools, data gathering tools, extraction tools, automatic devices or unauthorised automated processes to access the Services; or
15. to interfere with, bypass or circumvent security features, robot exclusion headers, authorisation features or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account or access to the Services if we determine that you have violated these Terms, subject to applicable Australian law.

Section 15 - Agents and Automated Access

This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

“Agent” means any software, bot, tool or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and can be executed without direct human supervision.

No Agent may access, use or interact with the Services unless it clearly identifies itself and operates in accordance with this section.

We may limit, including by technical measures, whether and how any Agent accesses, uses or interacts with the Services.

Agents must:

1. identify themselves in HTTP or HTTPS requests by disclosing that the request is from an Agent and including the name of the Agent in the request’s user agent string;
2. not conceal or obscure that access, use or interaction is from an Agent;
3. not mimic human behaviour or interaction patterns in a misleading way;
4. not complete or circumvent CAPTCHAs or measures intended to distinguish computer use from human use;
5. respond truthfully to any prompt seeking to determine whether interactions are coming from a human or a computer; and
6. not circumvent or avoid measures intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

Section 16 - Termination

We may terminate this agreement or your access to the Services, or any part of the Services, where appropriate, subject to applicable Australian law.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination where relevant: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

Section 17 - Disclaimer of Warranties

The information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of information on the website at all times. Any reliance you place on such information is at your own risk, except where liability cannot be excluded under applicable Australian law.

Except as expressly stated by Enzo Medix or required by law, the Services and products offered through the Services are provided in accordance with applicable Australian law.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.

Section 18 - Limitation of Liability

To the maximum extent permitted by law, Enzo Medix and our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services or products purchased through the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.

Where our liability cannot be excluded but can be limited, our liability will be limited to the maximum extent permitted by law.

Section 19 - Indemnification

You agree to indemnify, defend and hold harmless Enzo Medix and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims payable to any third party due to or arising out of:

1. your breach of these Terms of Service or the documents they incorporate by reference;
2. your violation of any law or the rights of a third party; or
3. your misuse of the Services.

This indemnity applies to the maximum extent permitted by applicable Australian law.

Section 20 - Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

This will not affect the validity and enforceability of the remaining provisions.

Section 21 - Waiver; Entire Agreement

Any failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and Enzo Medix and govern your use of the Services.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 22 - Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations where appropriate, subject to applicable Australian law.

Section 23 - Governing Law

These Terms of Service and any separate agreements whereby we provide Services to you are governed by and construed in accordance with the laws of Australia and, where applicable, the laws of the Australian Capital Territory.

Section 24 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 25 - Changes to Terms of Service

You can review the most current version of these Terms of Service on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

We will notify you of material changes where required by applicable law.

Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes.

Section 26 - Contact Information

Questions about these Terms of Service should be sent to us at sales@enzomedix.com.au.

Our contact information is:

Enzo Medix
10 Newman-Morris Circuit
Oxley ACT 2903
Australia

Email: sales@enzomedix.com.au
Phone: 1300 640 883
ABN: 46 298 879 011
Website: https://www.enzomedix.com.au