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Terms of Use

Terms of Use

The Unicare Health website (www.unicarehealth.com.au) is owned and maintained by Unicare Health, ABN 91 706 126 935.
By using or accessing this online content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this website.

  1. Governing law
    Unicare Health maintains this site from its Head Office located in Western Australia. These Terms of Use are governed by West Australian Laws. You and Unicare Health agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. If you choose to access this site from another location, you are responsible for compliance with additional applicable local laws.
  2. Revisions to Terms of Use
    Unicare Health may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
  3. Site contents, ownership, and use restrictions
    The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Unicare Health and its related companies, divisions, affiliates, licensors and licensees.
  4. Information from and Advertising and Links to Third Party Websites
    This site may contain information from or hyperlinks and other pointers to third party internet websites. Unicare Health is not responsible for the contents of any such information or website. Unicare Health provides such information and hyperlinks for your convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Unicare Health. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
  5. Personal, non-commercial use
    Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

    1. Placing an order with Unicare Health.
    2. Using this site as a shopping resource, provided that you do not modify the site and that Unicare Health retain all copyright and other proprietary notices contained in the Contents; or
    3. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
  6. Prohibited conduct
    You are not authorised, without the prior written permission of Unicare Health and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
    No trademark (whether registered or otherwise) that is contained on this site may be used without our prior, specific, written permission.
  7. We can use your feedback
    By using this site you grant Unicare Health an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Unicare Health from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

User conduct and indemnity

  1. General prohibitions
    You must not upload, post, transmit or otherwise make available through this site any material which:

    1. violates or infringes the rights of others (including their privacy and intellectual property rights);
    2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
    3. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
    4. affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
    5. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Unicare Health to take remedial action under any applicable industry code.
  2. Indemnity
    You agree to indemnify and will keep Unicare Health indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Unicare Health in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

Buying products through our online store

Products may differ between Unicare Health retail stores and our online store.

  1. Ordering goods
    Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Unicare Health may change the prices published on the Online content at any time. Prices of products placed in the ‘basket’ but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Unicare Health is not responsible for any error and 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, image or the product description posted on this online content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia its external Territories. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
  2. About our prices
    Product availability may vary between Unicare Health retail stores and Unicare Health online store due to different customer offers. All prices are inclusive of GST. Prices displayed online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all States, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
  3. Delivery
    Delivery of the Goods shall be made to the Client’s address, and the Client shall make all arrangements necessary to take delivery of the Goods, whenever they are tendered for delivery. Alternatively, pick up of the Goods shall be made from Unicare Health.

    1. Delivery of the Goods to a carrier nominated by the Client, or failing such nomination, to a carrier appointed at the discretion of Unicare Health, shall be deemed as delivery of the Goods to the Client. The carrier so nominated or appointed shall be deemed as the Client’s agent.
    2. The costs of carriage and any insurance which the Client reasonably directs Unicare Health to arrange, shall be reimbursed by the Client without any offset or other withholding whatever, and shall be due on the agreed date for payment of the Goods.
    3. Delivery of the Goods to a third party nominated by the Client shall be deemed as delivery to the Client, for the purpose of fulfilment of the Contract.
    4. The Client shall take delivery of the Goods tendered, notwithstanding that the quantity so delivered may be either more or less than the quantity ordered, provided that:
      1. such discrepancy in quantity shall not exceed 5%; and
      2. the Price shall be adjusted pro rata to the discrepancy.
    5. Failure by Unicare Health to deliver shall not entitle either party to construe or treat the Contract as breached or null and void.
    6. Unicare Health shall not be liable for any direct or indirect consequential losses or damages whatever, due to failure by Unicare Health to deliver the Goods or any part thereof timeously or at all.
  4. Returns policy
    The Client shall inspect the Goods on delivery, and shall within fourteen (14) days thereafter notify Unicare Health in writing of any alleged defect, damage or discrepancy in quantity or failure to comply with the description or quotation.  The Client shall then afford Unicare Health the opportunity to inspect the Goods within a reasonable time following delivery. If the Client fails to comply with these provisions, the Goods shall be conclusively deemed to be in accordance with the Contract and these Terms of Use and free from any defect, or damage discrepancy, or non-compliance.

    1. Where the Unicare Health agrees in writing that the Client is entitled to reject such defective or damaged Goods, the Unicare Health’s liability shall be limited to either replacing or repairing the Goods at the Unicare Health’s discretion, provided that:
      1. the Client has complied with the provisions of clause 13; and
      2. Unicare Health shall not be liable for Goods which have not been stored or used in a proper manner, or not operated in accordance with the instructions of the Manufacture of the Goods; and
      3. the Goods are returned at the Client’s cost, within fourteen (14) days of the delivery date; and
      4. the Goods are returned in the condition in which they were delivered, with all packaging materials and instructions in as new condition as is reasonably possible in the circumstances.
    2. Unicare Health may at its sole discretion accept returned Goods for credit, but may levy a handling and/or restocking fee of twenty percent (20%) of the value of such Goods, plus any freight costs incurred thereby. Where Goods are supplied to the Client for demonstration or trial purposes then:
      1. the trial period shall be limited to seven (7) days, unless otherwise agreed by Unicare Health; and
      2. the Goods shall be invoiced according to the quotation, or at Unicare Health’s current Price should no alternative arrangements be agreed upon; and
      3. the Client shall be liable for any costs incurred to recover or replace, repair or service any missing or damaged Goods.
    3. Cancellation of orders for non-standard product sizes and/or Custom manufacture will only be accepted on the basis that the client pays all costs incurred in manufacture, up to the date of cancellation
  5. Title and risk
    Title to the goods purchased from Unicare Health online does not pass from Unicare Health to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.
  6. Disclaimer of liability
    To the extent permitted by law, Unicare Health will not be liable in contract, Tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damage or any loss or damages whatsoever, including, but not limited to, loss of use, data, or profits, arising out of or in connection with:

    1. the use, copying, or display of the contents of this site;
    2. goods or services supplied by Unicare Health under these Terms of Use; or
    3. a failure or omission on the part of Unicare Health to comply with its obligations under these Terms of Use.
  7. Limitation of liability
    Our total liability to you, if any, in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:

    1. in the case of information or services supplied or offered by Unicare Health, the re-supply of the information or services or payment of the cost of doing this;
    2. in the case of goods supplied or offered by Unicare Health, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or
    3. the amount paid by you.
  8. Disclaimer of warranty
    Unicare Health is providing this online content on an ‘as is’ basis and use of this content is at your own risk. Unicare Health and its related companies, divisions, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this website  (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Unicare Health expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.
  9. Rights we cannot exclude
    The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including, but not limited, to your rights under the Competition and Consumer Act 2010.
  10. Termination
    Your ability to purchase goods from Unicare Health Online may be terminated by Unicare Health at any time without notice. All restrictions, licences, contracts granted by you and limitations of Unicare Health’s liability will survive termination.
  11. Demonstration Equipment
    When products are required for evaluation purposes, Unicare Health offer a no-obligation free demonstration, dependent on the following terms and conditions:
    Notes:
    The terms ‘demonstration’ and ‘trial’ are used interchangeably within these terms and conditions, having the same purpose and meaning.
    The term ‘Customer’ means the organisation through which the demonstration is requested, an individual who works for or on behalf of that organisation, the client for whom the demonstration is requested, or the carer, next-of-kin or other close associate of the client.
    Our free demonstration period is three (3) days. Should the trial be extended by the Customer, rental fees will apply after seven (7) days.
    A 10:00am cut-off time applies for demonstrations to be scheduled for delivery or collection on the next business day.
    It is the Customer’s responsibility to ensure the equipment is in satisfactory working condition upon receipt. The Customer is required to sign acceptance of the equipment upon delivery. Should any issues with the equipment become evident, it must be reported to Unicare Health within 24 hours of delivery.
    Demonstration of equipment is strictly ‘Dry Trial’ only. The equipment must not be used for bathing, showering or toileting purposes during the trial period.
    Eating, drinking and/or smoking while trialling the equipment is strictly prohibited.
    Client continence issues must be reported, prior to the demonstration. Appropriate protection for the equipment will be supplied and must be used during the trial.
    Customised or made-to-order items are not available for demonstration.
    Unicare Health will deliver equipment for demonstration to the client’s residence free of charge, subject to the following conditions:
    Minimum dollar value of equipment for demonstration is $250.00, and
    Delivery point is within the Perth Metro area (defined by Unicare Health – as a guide the area includes north to Butler, east to Mundaring and south to Mandurah)
    Equipment with a value less than $250, and is available for demonstration, may be collected from Unicare Health showroom.
    Delivery points outside the Perth metro area (as defined in 8. above) will incur a delivery fee, which will be charged at the conclusion of the demonstration.
    Demonstration of powered scooters and powerchairs is strictly on-site (same-day) only.
    Demonstration is not available for:
    Hygiene products
    Beds
    Homecare products / Daily adaptive equipment
    These items are available to be viewed and evaluated at Unicare Health showroom.
    Free demonstration of equipment is available for evaluation in view of purchase. No demonstration period is available with a view to rental.
    Should a demonstration result in a decision to rent the equipment, rental charges will apply from the beginning of the demonstration period.
    If the equipment is delivered to the client by Unicare Health, it will be collected at the end of the trial period, and must be inclusive of all accessories and removable items provided in the first instance.
    If demonstration equipment is collected from Unicare Health showroom, it must be returned to our showroom at the end of the trial period, and must be inclusive of all accessories and removable items provided in the first instance.
    Demonstration equipment returned to Unicare Health must be received in the same condition as it was delivered. Demonstration labels must not be removed during the trial period.
    A cleaning and/or repair fee will be charged for any demonstration equipment returned in unacceptable condition.
    Suitability and Acceptance of Equipment
    All demonstration equipment supplied is new, and upon acceptance of its suitability, you agree to purchase the demonstration item at an agreed price.
    Upon agreement to purchase demonstration equipment, payment is due and payable immediately, unless payment terms have been previously arranged with Unicare Health.
    In the event that funding from other sources must be applied for, to purchase the equipment, the demonstration equipment must be returned to Unicare Health. The equipment will be re-supplied upon approval of the funding and receipt of a purchase order.
  12. Conditions of Hire
    1. Minimum rental period is one week. The rental period commences on the date at which the equipment is delivered to the Hirer or collected by the Hirer and concludes on the day the equipment is returned to Unicare Health.
    2. It is the responsibility of the Hirer to advise Unicare Health, either in writing, by telephone, or in person when the goods are no longer required. If no communication has been received by the due date, hire will be automatically extended and invoiced for another week. Where the Hirer has nominated credit card payment, the relevant credit card will be charged.
    3. No warranty of condition expressed or implied is given by Unicare Health as to the condition of the goods or as to the suitability or fitness of the goods for any purpose. Unicare Health does not accept any responsibility for any injuries to any persons or damage to property belonging to the Hirer or to anyone else arising out of the use of the goods howsoever such injury or damage may arise of be caused.
    4. The good are and shall at all times remain the property of Unicare Health. The Hirer shall not lend, pledge, assign, mortgage, transfer, under let or otherwise trade the equipment without the prior written consent of Unicare Health.
    5. The Hirer shall be liable to pay for any of the goods lost or stolen during the period of hire and shall be responsible for the Hirer’s own insurance of the goods. The Hirer understands that Unicare Health will not carry any insurance on the equipment.
    6. The hirer shall maintain the goods in good working order and working condition. Replacement parts will be at the Hirer’s expense and the Hirer agrees to pay for repairs to damaged goods. The Hirer shall not authorise and third party to repair or service the equipment unless first authorised by Unicare Health.
    7. Following the termination or expiration of this agreement Unicare Health may enter the premises where the goods are located and remove the goods. the Hirer undertakes to advise Unicare Health in the event of moving goods to another location in any event.
    8. Unicare Health shall be entitled to charge the Hirer’s nominated credit card, any amount as may be necessary for any loss or damage caused to the goods, or to cover any costs still owing on the hire/sales or delivery/collection fees on the termination of the contract.
    9. The Hirer covenants and agrees not to make any claim against Unicare Health or any of its employees or agents in respect of any injury, damage or loss of whatsoever nature which may be suffered or sustained by the Hirer or any person or persons whomsoever using the goods.