Terms and Conditions

Last updated: 19 January 2022

WEBSITE TERMS OF USE

Cato Logistics Pty Ltd ABN 72 156 338 626 T/A COVIDtest

1. Background and Introduction to Terms of Use

Through our Website https://covidtestoz.com.au/ we provide you with information regarding our company and its Services. 

These Terms of Use outline what you need to be aware of when you use our Website and purchase our Services, link to our Website from your own site or visit other sites via a link from our Website.  They set out the legal relationship between you and us in connection with our Website and Services.

By accessing, viewing, relying on or otherwise using our Website, Products and Services, you accept these Terms of Use and agree to be bound by them and by any other Notice contained on our Website (as amended from time to time).

If you do not accept these Terms of Use you are not authorised to use our Website or our Services.

Our terms, advertising, Products and Services are consistent with:

1. the TGA guidelines (found here: https://www.tga.gov.au/advert-exempt/therapeutic-goods-restricted-representations-covid-19-rapid-antigen-tests-permission-2022 and here: https://www.tga.gov.au/advertising-covid-19-rapid-antigen-point-care-tests-and-self-tests-home-use-tests); and 
2. the ACCC regulations (found here: https://www.accc.gov.au/consumers/consumer-rights-guarantees/covid-19-coronavirus-information-for-consumers#pricing-of-rapid-antigen-tests). 

(collectively “the Guidelines”)

Where a conflict or inconsistency arises between these terms and the Guidelines, the Guidelines will take precedence.

2. Meaning of Words

In these Terms of Use:

• Notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions; and
• Services means our services supplied via the Website, as amended from time to time;
• Products means our products supplied via the Website, as amended from time to time;
• Terms of Use means these terms of use as amended from time to time;
• We, us and our refer to Cato Logistics Pty ABN 72 156 338 626 T/A COVIDtest and any of its related bodies corporate to which it says that these Terms of Use apply;
• Website refers website to https://covidtestoz.com.au/  and any variation or tailored version of the website created for your use;
• You refers to you as the user of our Website, Products or Services; and
• the singular includes the plural and vice versa.

3. License to Use

1. We grant you a non-exclusive license to use our Website only for the purpose of accessing the information, Products and Services available from our Website.
2. The license granted under section 3(a) is for the period until such time as these Terms of Use terminate in accordance with these terms.

4. Using our Website and Services

By using our Website and the Services you understand, confirm, acknowledge and agree that:

1. the data and information in the Website is provided to you in good faith for informational purposes only.  It is not intended for any other purposes;
2. your use of our Website and your use and ordering of our Services is subject to our Privacy Policy and Returns and Exchanges Policy;
3. we do not endorse the services, products or offering of any individual, firm or company that may be referred or introduced to you by us via the website;
4. the posting of any content does not constitute any offer or supply of goods, products or services by us to you;
5. we do not make any representations or warranties in relation to the Website content and in particular as to whether it is reliable, accurate, up to date or complete;
6. we do not warrant that the Website will be uninterrupted, timely, secure, or error-free; and
7. if you use a link to our Website, you will include on your own Website any disclaimer, Notices or pop up pages that we may require in order to advise users that they are being redirected to our Website.

5. Payment Methods

We accept payment from selected credit cards such as Mastercard, Visa and American Express.

Any payments may be subject to your card provider’s third-party terms. You agree that we are not liable for any of the provisions therein.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

6. Refunds And Returns

Our returns policy can be found here: https://covidtestoz.com.au/refund_returns/

We do not accept returns or provide refunds for change of mind. 

Our products come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact our customer service team at info@covidtestoz.com.au.

Unless returning the product is substantially burdensome, you are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

7. Limitation of Liability

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:

1. information published, displayed or available on our Website;
2. your use of our Website, Products or Services;
3. any action taken, failure to act, decision made or reliance by you on the basis of the Website content and the data and information in the Website;
4. any modification, suspension or discontinuance of our Website, Products or Services;
5. any errors or delays in the website content, or for any actions you or third parties may take in reliance on it; or
6. your use of any Services, Products or offering provided by any individual, firm or company referred by us to you via the Website.

This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

It is imperative that all the Products are used only in the manner for which they are intended, and that care and common sense are exercised when using the Products. To the extent permitted by law,  Cato Logistics Pty Ltd ABN 72 156 338 626 T/A COVIDtest does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our Website, Products or Services is correct. 

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites. 

8. Indemnity

You agree to indemnify us from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

1. any content you submit or otherwise make available through the Website;
2. your use of the Website, Products or Services; or
3. any violation by you of these Terms of Use.

9. Website Security

We do not guarantee that information transmitted over the internet is sufficiently secure. When you send us information, you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.

Your use of our Website is at your own risk. We do not guarantee that our Website is free from viruses, or that access to our Website or Services will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.

10. Information About You & Your Privacy

Our Privacy Policy sets out how we deal with personal information generally. If these Terms of Use are inconsistent with our Privacy Policy, these Terms of Use will take precedence.

11. Collecting Information & Cookies

When you use our Website, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected.

As a general rule, we only collect such information which is necessary for us to provide a Product or Service to you or to maintain our relationship with you.

The information we collect about you depends on how you use our Website and may involve the use of “cookies”. Please refer to our Privacy Policy for details on how we may use cookies on our Website.

12. Third Party Websites

Our Website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services (including software) offered on any third party website or any information appearing on any website we may offer.

We may receive payments from third parties in relation to goods, services or information supplied or received as a result of users and third parties accessing any links to third party websites contained in our website.

Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant Notice that appears on a third party website.

13. Copyright & Trade Marks

The material on our website is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.

Our Website may include trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.

By accessing the Website, you agree not to redistribute the information obtained from the Website, or through another user of our Website without our prior written consent.

14. Permitted Use and License

You agree to not use the Website:

1. for any purpose that is unlawful or prohibited by these Terms of Use;
2. in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of the Website;
3. to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
4. to attempt to obtain any materials or information through any means not intentionally made available through our Website;
5. to impersonate any person or entity;
6. to submit through any online form or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. to submit through any online form or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unless expressly authorised to do so;

The information in our Website, the Services and these Terms of Use have been prepared in accordance with the laws of the State of Western Australia, and the Commonwealth of Australia. 

15. Termination and Modification of Service

We may in our sole discretion immediately suspend, terminate or limit your access to the Website if we deem that you are in breach of the Terms of Use or our Privacy Policy.

We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third-party for any termination of your access to the Website.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without Notice.

16. Changes to These Terms of Use

This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.

We may amend these Terms of Use at any time. If we do, we will publish the amended version on our Website (https://covidtestoz.com.au/terms-conditions/). By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient Notice of any changes and that your subsequent access to, viewing, reliance on or other use of our Website will constitute your acceptance of those amendments.

We suggest you periodically review our Terms of Use for any changes.

All information on the Website and provided with the services is subject to change without Notice.

17. General

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

18. Contacting Us

If you have any questions regarding these Terms of Use, please contact us at info@covidtestoz.com.au.