In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting Cosmac Healthcare (cosmac.com.au) terms and conditions. "Cosmac Healthcare (cosmac.com.au)", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Cosmac Healthcare (cosmac.com.au)’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within Cosmac Healthcare (cosmac.com.au) on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Cosmac Healthcare (cosmac.com.au)’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cancellation Policy
All cancellations must be made to us via email to info@cosmac.com.au within 24 hrs of the order being placed. Any cancellation notices that are received after the said 24hr period will be subject to consideration on a case by case basis.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to Cosmac Healthcare (cosmac.com.au)’s services and the full content of this website.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of Australia and New South Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Cosmac Healthcare (cosmac.com.au) to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Cosmac Healthcare (cosmac.com.au).
Notification of Changes
Cosmac Healthcare (cosmac.com.au) reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Cosmac Healthcare (cosmac.com.au) 2011 All Rights Reserve
Damages.
Cosmac or its representatives are not liable for any damages caused by the use of, or association with, our products. Please seek professional advice in proper technique and best practice for training with our products. Inexperienced users need to be particularly careful in embarking on a training program without the advice or supervision of a qualified personal trainer. Additionally, it is the responsibility of the user of the equipment to ensure the equipment is assembled properly, in accordance with the instructions. All bolts must be adequately fixed and tightened. If unsure of correct assembly procedure it is imperative you or your representative contact us for assistance, to ensure the product is assembled correctly and is safe to use.
Fitness for purpose.
All products are designed for use in certain conditions, including maximum allowable load, using the product for the exercises specified in the product description or in the product user guide. Equipment must be used in a suitable environment, with adequate protective measures taken to minimise the risk of injury. This includes but is not limited to the use of wearing adequate protective footwear, wearing clothing designed specifically for weight training or physical exercise, training in a location with a level stable floor, adequate space, light, ventilation.
Product faults.
Any product faults or manufacturing defects must be reported to us immediately, regardless of whether the product is still covered by warranty or not. We will investigate and act on all claims. It is important to ensure our products are not being misused, or used while in a sub standard or unsafe condition. Either of these situations could lead to an accident or injury, so it is critical any such issues are reported to us immediately so they can be rectified. It is the responsibility of the user to maintain the equipment to a reasonable standard. Any claims for damages caused by misuse of the product, or damages resulting from use of the product outside the recommended guidelines will not be compensated by Cosmac or its representatives.
Individual fitness.
Users of our equipment should seek medical advice before embarking on any training program. It is the responsibility of the user to ensure they are of sound fitness and that no medical conditions exist which could affect their ability to use our equipment in a safe manner. Damages caused due to the use of our equipment based on any pre existing medical condition, whether known or unknown, will not be compensated by Cosmac or its representatives.
Indications & Contraindications for Body Supports & Medical Compression garments:
It is imperative that you seek the appropriate professional medical advise before wearing any Compression Garments or body supports. These products should not be self prescribed. We do not take any responsibility for incorrect use or choice of these products. Cosmac or its representatives are not liable for any damages caused by the use of, or association with, our products.
Graduated compression stockings are assigned compression values, expressed in terms of mmHg pressure (millimeters mercuric pressure) at the ankle.
For increased severity of conditions, higher compression levels are indicated.
Indications and contraindications are detailed below.
Generally speaking, assuming no contraindications such as arterial insufficiency and others (listed in the attached table) self-prescription below 30mmHg is acceptable. Stockings over 30mmHg (i.e. class 2 and above), should be prescribed by a medical practitioner
