1. Purpose of Policy

These Terms and Conditions (together with the documents referred to in it, particularly our Privacy Policy) sets out the terms and conditions on which OverCure Pty Ltd ABN 99 657 790 399 (“OverCure”, “we”, “our” or “us” or similar) will supply to the user (“you”, “yourself” or similar) the products (“Products”) listed on our website www.overcure.com.au (“Site”).

By accessing and/or using this Site and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these terms carefully and immediately cease using our Site if you do not agree to these terms.

Please read these Terms and Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

OverCure Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.

Before using this Site, you must read and accept these Terms and Conditions and our Privacy Policy. You agree that these Terms and Conditions and the OverCure Pty Ltd Privacy Policy will apply whenever you visit the Site, or when you use the tools we make available to interact with the Site.

The Site is the property of OverCure Pty Ltd and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced, or copied in any way.

2. Collection Statement
We collect personal information about you in order to facilitate the buying and selling processes and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or Products to you. We may also disclose your personal information to recipients that are located outside of Australia including some of our suppliers.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, Completeness and Timeliness of Information
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

4. General Conditions
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

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.

We reserve the right, but are not obligated, to limit the sales of our Products 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 that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.

All transactions are shown Australian dollars (AUD).

All our prices include GST and any other applicable taxes (which will be charged at the current rate as shown on the website).

All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations.  

5. Your Status
By placing an order through our Site, you warrant that you are at least 18 years old and you are resident in Australia.

6. Product Orders
When you purchase a Product from us, we may request certain personal identifiable information from you. You may be required to provide contact information (such as name, email, and delivery address) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy here for more information on how we collect and use your information.

By placing an order with us, you make an offer to enter into an agreement to purchase the Products as contained in your order.

Features and specifications of our Products may be subject to change without any notice to you. The size and weight of all Products provided are approximates only.

We are an online business and will primarily communicate with you via email. It is your responsibility to ensure the details you enter are correct and the email address that you nominate is regularly checked for receipt of correspondence.

7. Cancellation Policy
Due to the nature of our business, OverCure Pty Ltd requires a minimum notice of 3 hours after confirmation of your order to receive your intention to cancel your order. This must be done by emailing our Customer Care Team at info@overcure.com.au.

8. Promotion, Giveaways and Discount Vouchers
From time to time, we will conduct campaigns, promotions or competitions to which additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or competition, you must agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In the event of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

9. Availability and Delivery
After ordering online, you will receive an email confirmation from OverCure Pty Ltd containing your order details to the email address used to place the order. To find out if we deliver to your area, contact our Customer Care on info@overcure.com.au.

Delivery addresses may not be altered once an Order has been placed. Unfortunately, OverCure Pty Ltd cannot give or adhere to a request for a specific delivery time.

OverCure Pty Ltd accepts no liability for the loss or deterioration of any goods once they have been delivered in accordance with the customer delivery instructions and our Terms and Conditions. We will not be held liable for any financial or physical damages of any kind.

OverCure Pty Ltd will not replace or provide a refund for any Products ordered by the customer by mistake.

Customers must notify us if they have received an incorrect Product or are missing a Product within 24 hours of delivery by email at info@overcure.com.au. Incorrect products must be mailed back to our address following receipt of a pre-paid returns label before a replacement Product is provided to the customer.

Failure to comply with these policies will result in no replacement product, refund or credit.

10. Price and Payment
The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

11. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Site or the content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Site will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Site, any content, or any feature of this Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

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.

12. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Site and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

13. Disputes
All disputes are to be lodged at info@overcure.com.au in writing, explaining the details and nature of the dispute.

14. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Site and in all of the material (including all text, graphics, logos, audio and software) made available on this Site (Content).

Your use of this Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Site or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law.

15. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lockouts or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
• impossibility of the use of public or private telecommunications networks; and
• the acts, decrees, legislation, regulations or restrictions of any government.

16. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. 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.

18. Governing Law
Your use of the Site and these Terms are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Last Updated on 23 May 2022 by OverCure Pty Ltd