Legal information and terms
Legal information & Terms of Use
1. Amoena products
1.1 Amoena Australia Pty Ltd, is a company registered in Australia ABN 58 118 791 834 office address 107 Fergie Street, Fitzroy North Victoria 3068.
1.2 We welcome your comments on the content of our site and how to
improve it. The products shown on this website may not be available in
every country and/or may be sold under a different name. Information on
the use of these products may differ from country to country. We
recommend that you first consult an expert and carefully read the
instructions for use given for your country. The information on our
internet pages is not a substitute for medical advice and care. If you
have health problems and concerns, always consult an expert.
1.3 The images of the products on our site are for illustrative
purposes only. Although we have made every effort to display the
products accurately, we cannot guarantee that your computer's display of
the products accurately reflects them and your products may vary
slightly from those images accordingly. All products on our website are
subject to availability.
2. Use of our website
Your use of our site is governed by these Terms and our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
3. Changes to website content
We are constantly looking for new ways to improve the website and the products and services we provide to you. Please note that we may therefore amend, remove, or supplement parts of the website at any time without prior notice. All such changes will take effect 7 (seven) days after they were initially posted on the website and you will be deemed to have accepted any such changes by your use of the website from such time.
4. Disclaimer
The content of our website is for information only. It is not a substitute for professional care and should not be used for diagnosing or treating a health problem. If you suspect you have a health problem, or are considering trying alternative therapies or treatments, you should first ask your doctor’s advice.
5. If you are a business customer
5.1 This clause 8 only applies if you are a business.
5.2 If you are not a consumer, you confirm that you have authority to
bind any business on whose behalf you use our site to purchase products.
5.3 These Terms and our Privacy Policy constitute
the entire agreement between you and us. You acknowledge that you have
not relied on any statement, promise or representation made or given by
or on behalf of the us which is not set out in these Terms or our
Privacy Policy.
6. Copyright and trademark rights
6.1 Our website is protected by copyright. All rights to the design and content of the pages are owned by Amoena Germany. The internet pages that appear on the Amoena Australia website are for general information. If you would like to use any of the information provided, please contact us at Amoena Australia Pty. Ltd., 107 Fergie Street, Fitzroy North, Victoria, 3068. or e-mail us at: au.sales@amoena.com
6.2 Please note that the trademarks and other marks on our site
(particularly company logos) are legally protected. Use of the
trademarks or other marks on this website and/or the other contents of
this website does not constitute approval by Amoena or other legal owner
for use of those trademarks or other marks by third parties. Use of the
photographic material on our internet site is prohibited unless
expressly allowed by law. Any illegal use of contents protected by
copyright may be pursued under civil and criminal law. Pages may be
downloaded purely for private use. Use of protected contents (including
trademarks, other marks, etc.) for business or other non-private
purposes is prohibited.
6.3 The image material contained on our website is copyrighted by Amoena. The use of this material without the previous approval of Amoena is forbidden unless this use is explicitly allowed by law. For such kind of allowed usage the image material must include the copyright information; the best form would be „© AmoenaMedizin-Orthopädie-Technik GmbH“. You can request approval for a not-allowed-by-law usage especially for commercial purposes by contacting amoena@amoena.com.
Any use of copyright protected images and content against the law or other unauthorized use can lead to consequences under civil and criminal law.
7. Links
7.1 We take great care to provide detailed, up-to-date information on
our web pages, but we do not accept liability for the entire content of
the Amoena website. Our internet site is connected to other websites by
links for which Amoena has no responsibility. We include these links
for your convenience only. Amoena is not liable for their contents - in
particular for loss or damage caused by the content of other internet
sites.
7.2 You may set up links to our website provided it is clear to
users of your site that this is a service by Amoena. The link must not
be designed to give the impression that Amoena is associated with your
service - e.g. in the form of sponsoring or other co-operation. Please
comply with the copyright and trademark regulations for any link you
establish. Please contact us in advance if you intend to design the
link using our Amoena logo.
8. Liability
8.1 Please read this section carefully, as it sets out the limitations of our liability to you.
8.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act
1979 (title and quiet possession) or any breach of the terms implied by
section 13 to 15 of the Sale of Goods Act 1979 (description,
satisfactory quality, fitness for purpose and samples); or
(d) defective products under the Consumer Protection Act 1987.
8.3 We shall only be liable for losses you suffer as a result of us
breaking these Terms if the losses are a foreseeable consequence of us
breaking the Terms. Losses are unforeseeable where they could not be
contemplated by you and us at the time the Terms were entered into by
you. We are not responsible for any indirect losses which are not
foreseeable by you and us (such as loss or profits and loss of
opportunity).
8.4 Subject to clause 8.2 and clause 8.3, our total liability to you
for all other losses for which we are found to be liable shall in no
circumstances exceed 100% of the price of the products you have ordered
in the 12 months prior to the event giving rise to the liability.
8.5 Except as expressly stated in these Terms, we do not give any
representation, warranties or undertakings in relation to the products.
Any representation, warranty or other similar promise which might be
implied or incorporated into these Terms by statute, common law or
otherwise is excluded to the fullest extent permitted by law. In
particular, we will not be responsible for ensuring that the products
are suitable for your purposes.
9. Security
9.1 This website has a security system to prevent loss, misuse or alteration of the information.
9.2 Whilst we make every effort to ensure that your information is
secure on our system, the transmission of information via the internet
is not 100% secure and we cannot guarantee the security of your data in
transmission to our website. As a result, the security of any
information you transmit to us is transmitted at your own risk. Once we
have received your information, we will use procedures and security
features to prevent unauthorised access to the website.
9.2 We do not accept any liability for damage to your computer
system or loss of data that results from your use of the website, and we
cannot guarantee that any files that you download are free from
viruses, contamination or destructive features.
10. E-Mails
Anything you transmit to us electronically will be considered non-confidential and non-proprietary, whether it is data, suggestions or comments. Anything you transmit in this way may be used by ourselves and our partners without restriction. In particular, Amoena may use your ideas, concepts or knowledge without restriction, for example in relation to a product development.
11. User conduct
11.1 You agree to not access the website to: (a) interfere with or
disrupt the website or servers or networks connected to the website, or
disobey any requirements, procedures, policies or regulations of
networks connected to the website; (b) intentionally or unintentionally
violate any applicable law or regulation; (c) extract, collect, process,
combine or store personal data about other users; or (d) reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the website.
11.2 You agree not to upload, email or otherwise transmit: (a) any
content that is false, inaccurate, unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, invasive of another's
privacy, hateful, or that otherwise degrades or intimidates an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age or disability; (b) any content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party; (c) any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation; or (d)
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, damage, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
12. Termination
You agree that Amoena, in its sole discretion, may terminate your password, account (or any part thereof) and access to the website, for any reason. We may also in our sole discretion and at any time discontinue providing the products, or any part thereof, with or without notice.
13. Things beyond our reasonable control
13.1 Amoena shall not be liable or responsible for any failure to
provide access to this website, perform
any of its obligations under these Terms where it is hindered or
prevented from so doing by any cause outside its reasonable control,
including without limitation by lightning, fire, flood, explosion,
extremely severe weather, strike, lock-out, labour dispute, act of God,
war, riot, civil commotion, acts of terrorism, epidemics, malicious
damage, failure of any telecommunications or computer system, accident
or acts or omissions of others for whom we are not responsible (or by
any damage caused by any such events).
13.2 If an event beyond Amoena’s reasonable control takes place that
affects access to this website,the
performance of our obligations under these Terms, we will contact you as
soon as reasonably possible. The performance of our obligations will be
suspended during the duration of the event and we shall re-commence the
performance of our obligations as soon as is reasonably possible after
the event is over.
14. General Information
14.1 These Terms and any additional terms and conditions referred to in
them constitute the entire agreement between you and us and govern your
use of the website, superseding any prior agreements between you and us.
14.2 In the event of any dispute between you and us concerning these Terms, the laws of Australia will apply. If you wish to take court proceedings against us, you must do so within Australia. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 shall continue to apply.
14.2 Neither you nor Amoena may assign or transfer any rights or
obligations under these Terms and any additional terms and conditions
referred to in them without the prior written consent of the other
party, except that we shall be entitled to assign or transfer any or all
of Amoena’s rights and obligations (without your prior consent) to any
of its affiliated companies.
15. Contact with Amoena
If you have any questions on the legal aspects of these Terms, or any queries with regard to Amoena, you can contact us here.