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Hi there,
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finding what you
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Hi there,
we hope you
are finding
what you are
looking for.

Terms & Conditions.

Nokori Organics Pty (“Nokori”, “We”, or “Us”) ABN 14625 468 091 owns and operates this website.  These Terms and Conditions govern your relationship with www.nokori.com.au (the “Site”). Access to and use of the Site, products and services available through the Site (collectively, the “Services”) are subject to the following terms, and conditions (the “Terms of Service”). By using the Services, you agree to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Please read the Terms of Service carefully before you start using the Site. Merely by the fact of using the Site, or opening an account or by clicking to accept or agreeing to the Terms of Service when this option is made available to you, you accept and agree to be bound and accept these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to the Terms of Service or the Privacy Policy, you must not enter or use the Site.

We cannot be held liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may limit access to some parts or this Site. Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without prior notice.

This Site is available only to users who are 18 years of age or older. If you are under 18 you may not use this Site or the related services. By entering and using this Site, you confirm that you are of legal age to form a binding contract. If you do not meet all of this criteria, you must not access or use this Site.

This Site will only provide you with general information in relation to our products. This information should NOT be construed as a substitute for advice from your Specialist Surgeon. Further, this Site does not provide all the known facts about the surgery you have undergone or every possible side effect of surgery. It is essential that you speak to your surgeon before deciding to undergo surgery. If you are not certain about the risks and limitations of treatment, benefits, or anything else relating to your surgery, ask your surgeon to provide an explanation.

Privacy Policy

Our privacy policy sets out how we use your information. This can be found at www.nokori.com.au/privacy-policy. By entering and using this Site, you consent to the processing of information described therein, and confirm that all data provided by you is accurate.

Prohibitions

You must not misuse this Site. To that effect you shall not:

  • encourage or commit a criminal offence;
  • distribute or transmit a trojan, virus, worm, logic bomb or any other malicious material which are, technologically harmful;
  • act in breach of confidence or in any way obscene or offensive;
  • hack into any part of this Service;
  • corrupt any data;
  • cause any annoyance to other users;
  • infringe on the rights of any other person’s proprietary rights;
  • send any unsolicited promotional or advertising material, also referred to as “spam”; or
  • attempt to affect the functionality or performance of any computer facilities accessed through this Site.

Any breach of the abovementioned provisions would constitute a criminal offence. Nokori will be compelled to promptly notify such breach to the relevant law enforcement authorities and disclose the identity of the person in breach of the above provisions.

Exclusions

We cannot be held liable for any damage or loss caused by a service attack such as viruses or other technologically harmful material that may infect your computer programs, computer equipment, data or other proprietary material due to your use of this Site or by you downloading any material posted on the Site, or on any third-party website linked to the Site.

Intellectual Property, Software and Content

The intellectual property rights in all content and software (including photographic images) made accessible to you on or through this Site remains the property of Nokori or its licensors and are protected by copyright laws and treaties around the world. Accordingly, all such rights are reserved by Nokori and its licensors. You may print, store and display the contents supplied solely for your own specific personal use. You are not permitted to distribute, manipulate, publish or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or that appears on this Site nor may you utilize any such content in connection with any commercial or business enterprise.

Terms of Sale

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

  • All orders placed by you are subject to availability and confirmation of the order price.
  • Product dispatch times may depend, according to availability. Also subject to any delays resulting from force majeure events or postal delays for which we cannot be held accountable.
  • If you are having surgery, please order your products in advance within a reasonable time frame.
  • In order to contract with the Site, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.nokori.com.au retains the right to refuse any request made by you.
  • If your order is accepted, we will inform you by email, and we will confirm the identity of the party which you have contracted with.
  • When placing an order, you confirm that all details you provide to us are true and accurate, that you are an authorized user of the debit or credit card used to place your order and that there are sufficient funds to cover the cost of the goods.
  • The prices advertised are subject to such changes where necessary.
  • Once you purchase the Kit through the Site, you are subscribed to a free support service. This extends for a period of 12 weeks and up to 9 emails. You can unsubscribe at any time.

Errors

There may be errors on the Site with regard to wrong descriptions, wrong pricing and offers for products that are no longer available or temporarily not available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  However, if your credit card is charged for the purchase, and we cancel the order, we will notify you and credit your credit card account for the amount charged.

(a) The Contract Between the Parties

When you place an order with us, you may receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement of the order and will not constitute acceptance of the order. Therefore, a contract will not be formed between the parties until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

We try to ensure that all descriptions, details and prices on this Site are accurate, and errors free. However, there is always the likely chance of human error. If we discover an error in the pricing of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of cancelling the order or reconfirming your order at the correct price. If we are unable to contact you, we will have to treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged as such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Disclaimer of Liability

  1. Disclaimer of Liability

In no event shall the Site, its directors, employees, officers or agents, be liable to you for any indirect, direct, special, punitive, incidental or consequential damages whatsoever arising out of your use of, access to, or inability to use the Site or a linked website, whether based on contract, warranty, tort, or any other legal theory, and even if the Site has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. We do not assume responsibility and shall not be liable for any misdirected, lost or delayed communications through the Site.

  1. b) Disclaimer as to ownership of trademarks, images of personalities, and third-party copyright.

Except where specifically stated to the contrary all persons (including their images and names), third party content and trademarks, locations and/or services featured on this Site are in no way linked, associated or affiliated with the Site and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this Site are owned by the respective trademark owners. Wherever a brand name or trademark is referred to it is used solely to identify or describe the products and services and is in no way to claim that such products or services are connected or endorsed by this Site.

Linking to this Website

You may have links to our home page. However, you have to take care in doing this in such a way that it is fair and legal. Also ensure not to take advantage of it and not to damage our reputation in any way. When doing this you must not establish a link in such a way as to infer any form of endorsement, approval or association on our part where none exists. You must not connect a link from any website that is not owned by you. It is important to note that this Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw permission to linking without any notice to you.

Indemnity

You agree to indemnify, defend and hold harmless www.nokori.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

We shall have absolute discretion at any time and without notice, to remove, amend or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service becomes unenforceable, this will not in any way affect the remaining clauses in the Terms of Service and all other clauses remain in full force and effect. Where any clause or sub-clause or part of a clause can be separated to render the remaining part valid, the clause shall be interpreted accordingly. On the other hand, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original intended meaning of the clause or sub-clause as permitted by law.

Complaints

We have a complaints handling procedure in place to resolve disputes when they first arise, please let us know if you have any complaints and your comments are welcome.

Waiver

If we do not take any action when you breach these terms and conditions, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions again.

Entire Agreement

The above Terms of Service constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and the Site. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Site.

Indemnity

You agree to indemnify, defend and hold harmless www.nokori.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

We shall have absolute discretion at any time and without notice, to remove, amend or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service becomes unenforceable, this will not in any way affect the remaining clauses in the Terms of Service and all other clauses remain in full force and effect. Where any clause or sub-clause or part of a clause can be separated to render the remaining part valid, the clause shall be interpreted accordingly. On the other hand, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original intended meaning of the clause or sub-clause as permitted by law.

Complaints

We have a complaints handling procedure in place to resolve disputes when they first arise, please let us know if you have any complaints and your comments are welcome.

Waiver

If we do not take any action when you breach these terms and conditions, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions again.

Entire Agreement

The above Terms of Service constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and the Site. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Site.

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