Terms and Conditions

This website (“Site”) is owned and operated by Surgical Dynamics Pty Ltd (ABN 87 146 233 490). (collectively “we, us”).
These Terms of Use (“Terms”) govern your use of this Site and form a binding contractual agreement between you, the user of the Site, and us.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on +61 8 92627301.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

 

1. Licence to use Site

  • 1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
  • 2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
  • 3. The Site contains links to other websites. We do not endorse, sponsor or approve any content available on any linked website.
  • 4. You acknowledge and agree that:
    • i. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
    • 
ii. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

 

2. Intellectual Property Rights


Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

 

3. Warranties

You represent and warrant to us that you have the legal capacity to enter these Terms.

 

4. Liability

  • 1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  • 2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
  • 3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    • i. in the case of goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
4. the payment of having the goods repaired, and
    • 
ii. in the case of services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

 

5. Termination

  • 1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
  • 2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

 

6. General

  • 1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  • 2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  • 3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  • 4. This Agreement is governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.

 

7. Entire Agreement

  • 1. Each order, Acceptance of each order and supply of Products by Surgical Dynamics pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and Surgical Dynamics in relation to any Products ordered and supplied through the Website.
  • 2. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of Products. Nothing contained in any such description, illustration or indication of price shall form any part of these Terms.

 

8. Children

  • Surgical Dynamics does not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

 

9. Privacy

  • 1. Surgical Dynamics is regulated by the National Privacy Principles contained within the Privacy Act 1988. Surgical Dynamics will not obtain or use any information you provide in an inappropriate manner. We will only ask for and use personal information we reasonably need to conduct our business.
  • 2. If you have received any promotional material and you do not wish to receive it again please notify us and we will cease sending any further promotional material.
  • 3. Please refer to our Privacy Statement for further information.