Please find below:
A. BioPoint Website Terms and Conditions
B. BioPoint Terms and Conditions of Sale.
A. BioPoint Website Terms and Conditions:
1. Use Of The Website
You may access and use the Website solely pursuant to these Terms and Conditions for your personal use. Any other use requires prior written consent from us, which we may grant or withhold in our absolute discretion.
You may access the Website anonymously as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services and content on the Website, such as obtaining a quote or ordering our products you may be required to register to become a customer through the Website. You must provide accurate and correct information when registering to become a customer and may not use any aliases or other means to mask your true identity.
3. Unauthorised Use
You may not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Website. You may not take any action to interfere with the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding,” “mail-bombing,” or “crashing” the Website. You must not send any electronic mail (e-mail) to any person, including promotions and/or advertising of products or services, through the Website without the recipient’s prior consent or forge or mask your true identity in any e-mail or posting. You must also comply with all applicable laws, including but not limited to the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). You may not frame portions of the Website within another website, establish a link from the Website to any other website, alter the appearance of the Website, or establish links from any other website to any page of the Website other than the home page. You are prohibited from posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, or inflammatory material, or any material that could otherwise violate any law. BioPoint will fully cooperate with any law enforcement authorities or court order requesting or directing BioPoint to disclose the identity of anyone posting any such information or materials.
4. Intellectual Property
All pages and content within the Website, including but not limited to: HTML code, software, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorised for use by, BioPoint and its licensors, business partners, distributors and affiliates, including all trademarks, service marks, copyrights, patents, and trade secrets contained therein. Except as expressly permitted in the Terms and Conditions, you may not modify, copy, reproduce, create derivative works, republish, display, up-load, post, transmit, or distribute in any way, content available on the Website, including, without limitation, fonts, icons, link buttons, wallpaper, and desktop themes, without the prior written consent of BioPoint.
The pictures and images of people, products, places or things displayed on this Website are either the property of BioPoint or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorised or affiliated with you is strictly prohibited. Unauthorised uses of pictures and images may violate copyright or trade mark laws, privacy laws, or communication laws or regulations.
5. Products and Services
From time to time BioPoint may provide products or services in connection with the Website. The purchase of such products or services shall be subject to any additional terms, conditions, rules, guidelines, or agreements that are provided to you at the time of purchase.
6. Technical Issues
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
7. Third-Party Information
The Website may contain:
(a) links to other websites not maintained by BioPoint; or
(b) information about products or services of third parties.
BioPoint does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference to any third party shall in no way constitute an endorsement by BioPoint of such third party. We encourage you to be aware when you leave the Website and to read the terms and conditions of each and every website that you visit. The information contained on the Website is for informational purposes only. The views and opinions expressed on the Website are not necessarily those of BioPoint.
8. Communications with BioPoint
9. Privacy and Spam
11. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. However, we do not accept any liability for any interception of information which we transmit to you.
The Website, including all content or services made available on or accessed through the Website, is provided “as is.” To the fullest extent permissible by law, BioPoint makes no representations or warranties of any kind whatsoever in relation to the content on the Website. Further, BioPoint disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. BioPoint does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by law, BioPoint will not be liable under tort, contract, strict liability or other legal or equitable principles for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not either party has been advised of the possibility of such damages.
All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website and they will take effect immediately upon being posted. You should check the Website for such changes frequently. Your continued access to, and use of, the Website after such changes, conclusively demonstrates your acceptance of those changes.
You agree to indemnify and will keep BioPoint indemnified for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by BioPoint in connection with your use of the Website, your breach of these Terms and Conditions or your breach or any rights of third parties.
15. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of New South Wales, even if you are not located or resident in New South Wales. Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.
16. Severability of Provisions
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
© Copyright 2019 BioPoint Pty Ltd (ABN 62 601 851 978). BioPoint Website Terms and Conditions – Version last updated: 1 October 2019
B. BioPoint Terms and Conditions of Sale
BioPoint or us means either BioPoint USA Inc. for purchasers within the United States of America, or BioPoint Pty Ltd (ABN 62 601 851 978) for purchasers outside the United States of America.
BioPoint Website means BioPoint’s website at (https://biopoint.com.au).
Contract means an Order, Order Confirmation and these terms and conditions.
Order means an order submitted to BioPoint by You for the purchase of Product.
Order Confirmation means written confirmation of your Order issued to you by BioPoint.
Product means a BioPoint product offered for sale as may be displayed on the BioPoint Website or a quote form issued by BioPoint.
You means the person or legal entity identified as the customer in an Order or Order Confirmation (as the case may be).
2. Orders and Contracts
(i) Web Orders: You may confirm and finalise any Order by submitting your Order details and contact information at the Order entry screen on the BioPoint Website.
(ii) Phone/Fax/Email Orders: You may confirm and finalise any Order by submitting to BioPoint your Order details and contact information by phone, facsimile or email.
(iii) BioPoint reserves the right to accept or refuse any Order. A binding Contract for a Product purchase is not created until BioPoint issues you with an Order Confirmation.
(iv) Please note that BioPoint may revise or discontinue Products at any time.
3. Price and Payment
Please note that prices for Products are not displayed or made available on the BioPoint Web site.
Except where otherwise indicated, all prices quoted for Products are either expressed in Australian Dollars (for Orders within Australia or New Zealand), Euro (for Orders within Europe) and United States Dollars (for Orders outside of Australia, New Zealand or Europe) depending on your country of residence. Prices are subject to change at any time prior to an Order Confirmation.
Where Products are expressed in AUD (Australian Dollars), the price is exclusive of applicable Australian goods and services tax. Where Products are expressed in USD (United States Dollars), EUR (Euro) or for any international Order, various state, local, use, value added tax (VAT), duties or similar taxes (Taxes) may additionally apply to your Order. You must provide BioPoint with any applicable valid tax exemption certificates or details at the time of submitting your Order. You are responsible for and agree to bear all applicable Taxes, shipping and handling charges. A tax invoice will be included with the shipment of your Order. BioPoint will only accept payment for your Order with one of the following methods:
• BioPoint accepted credit cards (Visa and MasterCard).
• On account (for existing credit approved BioPoint customers).
Payment must be made in full (without set-off) within 14 days from the date of BioPoint invoice, unless by credit card or otherwise agreed in writing by BioPoint. Any account queries must be communicated to BioPoint within the 14 day payment period. BioPoint reserves the right to charge interest on overdue accounts at the rate of 1.5% per month until paid, and to withhold supply of further goods until all amounts are paid in full.
Any accounts not paid after 90 days may be referred to a collection agency, and all collection costs will be passed onto the debtor.
Any Orders and Product supply is subject to Product availability. Unexpected demand or unforeseen supply problems may result in Product stock being unavailable. Product will be dispatched on receipt of payment or cleared funds to the shipping address specified in your Order.
Delivery dates quoted by BioPoint are approximate only. BioPoint will not be liable for any delay in delivery of Products. BioPoint will endeavour to notify you of any unexpected or unforeseen Product supply problems or delays in delivery. Please refer to BioPoint Shipping Policy on the BioPoint Website for more specific delivery, shipping and packing information in relation to the BioPoint product range.
Requests for returns must be notified to BioPoint within 7 days of receipt of the Product and will be considered at the sole discretion of BioPoint management. Unless you notify BioPoint within 7 days of receipt of the Product, the Product will be taken to have been accepted by you on the day of delivery as being in good condition in accordance with the Contract. All Products are perishable or temperature responsive and must not be returned unless supported by a valid warranty claim.
6. Cancellation and Refunds
Orders accepted by BioPoint by issue of an Order Confirmation cannot be cancelled and no refunds will be permitted. BioPoint reserves the right to cancel a Contract (without penalty or liability to you) due to any requirement by or change of law.
7. Privacy and Security
BioPoint warrants to the original purchaser only that the products will conform to the quantity and contents stated on the product labels and quality certificate for the duration of the stated shelf life.
9. Limitation of Liability
BioPoint gives no express warranties regarding the Product with the exception of that in clause 6.
To the maximum extent permitted by law BioPoint excludes all liability for breach of any implied warranty or condition.
If a warranty or condition is implied by law, BioPoint’s liability for breach of it is limited to:
(a) the replacement of the Product (provided that the purchaser returns the Product, transportation prepaid, to BioPoint) or,
(b) at BioPoint’s option, a refund of the purchase price of the Product.
All claims must be notified to BioPoint within 14 days of using the product.
BioPoint’s liability for breach of any implied warranty or condition does not apply if the Product has been altered by any person other than BioPoint or if the Product has been used, stored or handled other than in accordance with instructions supplied by BioPoint.
BioPoint will not be liable for any special, incidental or consequential or economic loss or damage.
10. Use and Indemnity
You assume all risk and responsibility in connection with the use, storage, handling and disposal of the Products. You must ensure that all use, storage, handling and disposal of the Products is in compliance with all applicable laws, regulations and guidelines and in accordance with any instructions supplied by BioPoint, and must take all appropriate safety precautions.
You agree to indemnify BioPoint and its directors, officers and employees and agents from and against all claims, actions, liabilities, costs and expenses arising directly or indirectly from the use, storage, handling and disposal of the products, except to the extent arising directly from the negligence of BioPoint.
11. Export Compliance
You warrant that your purchase of the Product is for your own internal use and not for re-sale or sub-licensing. You acknowledge that from time to time the Products may be subject to applicable export control and importation laws and regulations. It is Your sole responsibility to check for all necessary import and use licence or permit requirements in relation to Your purchase, importation or use of the Products with your relevant local government authority, You agree to comply with all laws and obtain any necessary import or use licences or permits at your own cost.
12. Governing Law
These terms and conditions are governed by the laws of New South Wales, Australia and the purchaser submits to the nonexclusive jurisdictions of the courts exercising jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these Terms and Conditions.
You may not assign or otherwise transfer any rights or obligations under any Contract (in whole or part) without the prior written consent of BioPoint. BioPoint reserves the right to amend these terms and conditions of sale at any time effective from the time of posting to the BioPoint Website.
If any provision in these terms and conditions of sale is held to be unenforceable, that provision will be severed and the enforceability of the remaining provisions will be unaffected. These terms and conditions of sale supersede any and all previous oral or written agreements between you and BioPoint in relation to the Products.
© Copyright 2019 BioPoint Pty Ltd (ABN 62 601 851 978) BioPoint Terms and Conditions of Sale – Version last updated: 1 October 2019
Should you have any questions regarding these Terms and Conditions you may contact us by e-mail or by mail or phone at :
BioPoint Pty Ltd
Street Address: Unit 1, 35 – 41 Waterloo Road North Ryde NSW 2113 Australia
Mailing Address: PO Box 599 North Ryde BC NSW 1670 Australia
Phone: +61 2 8877 9127