Acceptance

The “MaxCare” website (“website”) is operated by Asian Sources Pty. Ltd. (ABN 34 077 031 291). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (“Terms and Conditions”). You should read them now. Your use of the website constitutes your agreement to the Terms and Condition.

MaxCare reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.

Capacity

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Orders

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order on these Terms and Conditions. MaxCare reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with MaxCare only comes into existence when it forwards confirmation of receipt of your order and payment.

Prices

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

Goods and Services (“GST”) and Other Taxes

Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

Delivery

Please read the Delivery Information contained in the website. The delivery times are indicative only and MaxCare will not be liable for any failure to observe these delivery times.

Risk and Title

MaxCare will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

Refunds

The circumstance in which MaxCare is obliged to make a Refund is detailed in its Refunds Policy.

Limitation of liability

MaxCare will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if MaxCare has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of MaxCare for any breach of such term, condition or warranty shall be limited, at the option of MaxCare, to any one or more of the following:

1. if the breach relates to goods:

  • the replacement of the goods or supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and

2. if the breach to relates to services:

  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Disclaimer

While the information contained in the website is believed to be accurate and current, it is provided by MaxCare in good faith on an “as is” basis. MaxCare, its’ directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the website.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

Links

The website contains links to websites not maintained, controlled or associated with MaxCare and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. MaxCare will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.

Copyright

MaxCare is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of MaxCare.

Viruses

MaxCare does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. MaxCare will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however, caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on MaxCare, it shall be limited to the cost of re-supplying that information.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.