WEBSITE DISCLAIMER
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances.
Nothing contained in this site is intended to be used or treated as advice. It is not medical or professional advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice.
If you commence any treatment, protocol or supplement and you feel ill, unwell or otherwise uncomfortable, immediately stop, discontinue and consult your healthcare practitioner.
Any reliance you place on information on our website is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should not use this information or our products to diagnose or treat any health problem, disease or condition without consulting a qualified healthcare professional. Before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances. Practitioners should contact us directly if you have any questions or require assistance. For Patients and other Wholesale customers you should contact their prescribing Practitioner.
All information regarding product attributes (gluten free, dairy free, organic ingredients, eco/sustainable, etc.) has been provided by our suppliers. Information may be incomplete so please read all product labels carefully before use.
Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.
LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.
CONTACT US
If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at info@maynot.com.au or phone 0417 430 433 and we will respond within 48 hours.
DELIVERY SERVICE
All orders are dispatched by contract courier companies, including Australia Post for smaller parcels. We use the best available couriers but cannot guarantee short delivery times so please ensure you allow an extra half day whenever possible. Delivery delays may be experienced due to high volume of customer pre-orders, especially at peak times such as beginning of month, Christmas, after public holidays or due to unforeseen courier demands.
All Customers:
All couriers require a signature at the time of delivery (unless instructed otherwise – please see below). If no-one will be available to accept delivery all day please nominate a nearby address (eg. neighbour or nearby business) where the delivery can be accepted and signed for by someone you have authorised to do so on your behalf.
When placing your order you may, entirely at your risk, request the courier to leave your delivery in a nominated place without a signature.
PLEASE NOTE: Maynot is not responsible for any loss, damage or theft resulting from goods being left unattended at or near premises. In all cases you agree to pay for goods that the courier states (in writing) have been delivered to the address that you have nominated.
Australia Post:
We also offer postal delivery, but unfortunately are unable to send certain quantities of liquids or inflammable materials in the post. (Additional freight charges may apply if you wish to have your parcel sent by post.)
PICK-UP ORDERS
Orders can be collected from our Launceston Store Monday to Thursday between 10am-4pm.
Please note that if ordering to pick-up online, check the click and collect option at checkout. If you wish to arrange pick-up of your order, please write this in the order notes including pick up time at the online checkout.
CHILLED GOODS SHIPMENT
Some special items in our range may potentially be harmed by excessively high temperatures during shipment. If you wish to have these items shipped in a cooler box, these will be charged at the cost that Maynot is charged for the boxes. Additional freight charges may apply.
We strongly recommend the use of cooler boxes to maintain the quality and freshness of these sensitive products whenever the temperature is expected to exceed approx. 30C, but the choice is yours. We will not credit or accept return of any temperature sensitive goods where a customer has not selected a cooler box and claims the goods have been heat damaged and they were dispatched contrary to our temperature guidelines.
Please note that some temperature sensitive items will not be dispatched Thursday onwards to regional or interstate areas and Fridays to all other areas. Pickups are available at normal times.
FREIGHT CHARGES
Freight charges are displayed at the time of checkout, or will be discussed prior to dispatch for Phone and Email Orders.
PLEASE NOTE:
Maynot is committed to waste reduction and eco-friendly practices. We use recycled boxes, beanies, bubble Wrap, anything we can. Air pockets made from 95% pre-consumer recycled material can be recycled with other plastic bags at many retail and grocery stores. Our foam ‘bubbles’ are a completely biodegradable wheat and potato starch mixture that is a natural, Australian grown, renewable resource.
RETURNS POLICY
Maynot handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Requests for credits or returns must be made within 7 days of delivery of goods. All goods to be returned, whether defective, incorrectly sent or otherwise, must be authorised by Maynõt Pty Ltd.
To discuss your return please contact a customer service member, who will provide you with a Return Authorisation which must be included with all goods authorised to be returned. Contact details are:
For Practitioners & Wholesale by phone 0417 430 433
For Patients by phone 0468 814 075
Items supplied on a ‘No Return Basis’ including but not limited to cosmetics and special-order items will not be accepted for return.
Requests for return/credit of goods due to errors in order processing or damaged items will be arranged at the expense of Maynõt Pty Ltd. We ask that if you receive a damaged item that you photograph the package and damage and email us maynotptyltd@gmail.com prior to returning items.
Items ordered in error may be accepted for return at the cost to the customer. In all instances, please ensure that the goods to be returned are packaged in a strong box so they will not be crushed or damaged in transit. Your Customer Service member will advise you of the best method for returning goods.
The following criteria MUST be met in order for items to be accepted for return:
Goods being returned for any reason must be notified within 7 days of receipt
Goods must be returned to Maynot and received within 14 days of receipt, unless otherwise approved by Customer Service staff
Goods for return must be accompanied by a completed and corresponding return authorisation form issued by Customer Service.
Any damage to goods that is incurred in return transit to Maynot resulting from poor packaging or otherwise, is solely the responsibility of the customer.
Goods will not be accepted for return and a credit will not be issued if it is deemed not to be in original condition. The internal packaging must not show evidence of tampering in any manner.
Goods must be properly and securely packed in a strong box for return, it is the customer’s responsibility to ensure the goods are received by Maynõt Pty Ltd.
All return post must be clearly addressed to one of the following (to be confirmed by Customer Service):
Maynõt Pty Ltd
PO Box 1423
Launceston
Tasmania
Australia 7250.
OR
Maynõt Pty Ltd
‘Holyman House’
Level 1, Suite 2.
52-52 Brisbane Street
Launceston
Tasmania
Australia 7250.
The sender’s name and address must also be clearly marked on the box being returned.
WHOLESALE CUSTOMERS ONLY – ORDERING PROCEDURE, REGISTRATIOPN AND TERMS OF USE
We accept orders via:
Online: 24-hour ordering via www.maynot.com.au
Email: maynotptyltd@gmail.com
Phone 0417 430 433
If phoning please identify yourself to our staff. Please quote product names rather than codes to ensure there is no misunderstanding regarding the products required.
Account holders are not permitted to disclose their account or login details to a third party for the purpose of ordering from or viewing the Maynõt Pty Ltd’ website. We will not accept orders from a person other than the Maynot account holder or their authorised staff or partner. We reserve the right to suspend trading on any account when we believe that such a third party is involved.
WHOLESALE CUSTOMERS ONLY – ONLINE ACCESS, ORDERING & PAYMENT
Our online ordering facility is available to all Maynot wholesale account holders. To register for online ordering and other website facilities, please visit our Practitioner/Wholesale page at www.maynot.com.au.
If you have an existing wholesale account with Maynot and have provided us with a current email address, you will already have access to your online ordering account. When logging in for the first time, please enter the email address registered with Maynot then click on ‘Forgot Password’. This will take you to the ‘Reset Password’ screen. Re-enter your email address and an email will be sent with instructions on how to reset your password.
Existing wholesale customers who have not provided us with a current email address can call Customer Service on 0417 430 433 to arrange immediate online access.
In registering for secured online access, the wholesale account holder agrees to abide by our ‘Terms of Use’ and other terms and procedures. By placing an order via our online facility, you indicate an understanding of published ‘Ordering Information’ and acceptance of our ‘Terms of Use’ and other terms and procedures.
Secured online registration offers access to online ordering and useful information regarding your wholesale account history with Maynõt Pty Ltd. This information is considered commercial in confidence and password security is the responsibility of the wholesale account holder. If you believe that your password security has been compromised, please contact us via phone or email, or edit your password via the settings/update your password page on your account.
The wholesale account holder registered for website access is solely responsible for all orders placed via our online facility. Once ‘submitted’ all orders placed via the online shopping cart will be automatically converted into a purchase order and the account holder will receive email confirmation of the order placed. Please review this information carefully, including all delivery details and contact us via phone or email as soon as possible if you need to amend the order. Orders will be processed and dispatched by our Customer Service and warehouse teams at the first available opportunity during office hours. Our Customer Service team will contact you only if there are any concerns regarding your order, account or for payment.
Please note that, as with phone and email orders, non-account holders will be required to arrange for payment of goods prior to online orders being dispatched. Credit card details will need to be provided when choosing the Payment Method during the checkout process. Credit card details provided are transmitted via a secured web page, your card will be processed and funds are held until your order is picked, fulfilled and invoiced.
Please note that your credit card details will be stored securely on the ‘My Account’ section of our website after being used to pay for an online order or make a payment online. You can remove or update credit card details at any time by going to the credit card link under settings in ‘My Account’.
WHOLESALE CUSTOMERS ONLY – LATE ADDITIONS/AMENDMENTS TO ORDERS
We will always endeavour to accommodate your order requests, but please be aware that late additions or amendments to an order placed previously may cause a delay in your delivery. We will advise you at the time if the amendments can be incorporated into the original order or if other arrangements can be made.
Amendments to online orders: If wish to make amend or add to an order that you have placed online, please email these changes directly to info@oborne.com.au. To help us locate your order, please specify your account code and the time that the online order was placed.
WHOLESALE CUSTOMERS ONLY – METHODS OF PAYMENT
Maynot accepts payment by cash, EFT, credit card (Visa, Mastercard) and PayPal.
Payment by EFT, Visa or MasterCard is our preferred method of payment.
WHOLESALE CUSTOMERS ONLY – CREDIT ACCOUNTS
Maynot may at its own discretion offer a credit account to approved customers.
WHOLESALE CUSTOMERS ONLY – TITLE OF GOODS
After delivery, Maynot will retain title to all goods until paid for in full or as allowed by law. An invoice is issued with all deliveries. If you have signed for the complete amount of cartons delivered by the courier, Maynot will not be responsible for claims for missing cartons. In all instances, please check the courier’s consignment note carefully and sign, only all cartons are delivered as described and undamaged.
WHOLESALE CUSTOMERS ONLY – DISCLAIMER – PRODUCT INFORMATION & PRICES
Prices on or website www.maynot.com.au are current. Information contained throughout our webpages database is believed to be accurate and reliable at the time of publishing. We reserve the right to make changes and corrections in prices, products, specifications and other website information without notice. Supplier price changes may occur at any time and without notice so please check website for current wholesale and recommended retail prices. Inventory changes relating to product additions, deletions, modifications and pricing will be updated on our website.
Images should be regarded as illustrative only and product information should be used as reference only. In no event shall Maynõt Pty Ltd, its directors, employees or representatives be liable for special, indirect, consequential, punitive or other damages related to products sold, information displayed, product claims published by suppliers, or trademark and patent disputes. We will take every reasonable step to promptly advise of any correction to published information as required where misprints, human error or omissions deem this necessary.
All information regarding product attributes (gluten free, dairy free, organic ingredients, etc.) has been provided by our suppliers. Maynotdoes not accept any responsibility for any incorrect data supplied. Please check all labels carefully.
WHOLESALE CUSTOMERS ONLY – PRACTITIONER-ONLY PRODUCTS & INFORMATION
Distribution of Practitioner Only Products is limited to those persons defined in Section 2.1 of the Therapeutic Goods Advertising Code.
Practitioner-Only products and Practitioner-Only educational information are only available to those customers who have submitted and have had approved a practitioner account application with Maynot and the practitioner-only company concerned if required. Practitioner-Only products will be supplied by Maynot in accordance with TGA Laws and Regulations.
GST
10% GST applies to all products (subject to change by the Australian government).
REPRESENTIONS AND WARRANTIES AS TO QUALIFICATIONS & REGISTRATIONS
You represent and warrant that:
You have the professional qualifications and professional registrations, licensing and certifications that you disclosed to us in your original wholesale application as an authorised user of the Maynot website and
You will maintain any such professional registrations, licensing and certifications during the term of this agreement.
IDENTIFYING AS AN APPROVED PRACTITIONER
You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by these Practitioner Terms.
Terms of Use
These Terms of Use (Terms) apply to all Customers of the Website. We may modify and update these Terms at any time, without notice. In using the Website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time. If you do not accept these Terms, you cannot use the Website or any of the Services.
DEFINITIONS
Customer means any person approved by us to operate any aspect of our website.
Prescription means a record of the supplements or other products nominated for the patient personally by the approved practitioner. It is not a drug prescription for scheduled drugs or Pharmacy medicines and will not be reviewed by a pharmacist. The prescription is the sole & exclusive responsibility of the prescribing Limbo Approved Practitioner.
Patient means a person that is referred to the Website by a Limbo Approved Practitioner.
Practitioner means a suitably qualified health professional that is registered with us to conduct business to business transactions.
Retail Product means any Natural, Traditional and Complementary health and related products listed on the Website for Customers to order.
We, Our and Us means Maynot Pty Ltd (ABN: 14 600 140 967) including its directors, employees, contractors, and affiliates.
Website means www.maynot.com.au.
Wholesale Customer means a Practitioner or other Health Professional or a Retailer that is registered with us to make business to business transactions.
You means the Wholesale Customer or Patient/Retail Customer registered to use the Website and the Services.
TERMS FOR USE OF THE MAYNOT WEBSITE AND SERVICES
The term of this agreement to access the Services will begin upon our acceptance of your application as an authorised user of the Maynõt website and will end when terminated by either party. Either party may terminate this agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this agreement.
The confidentiality provisions of these Terms remain until the Confidential Information becomes part of the public domain.
REGISTRATION
You must register and set up an account in order to access the Services.
PAYMENT
We accept:
Payment in $AUD only.
All major credit cards using Visa and MasterCard without surcharge, EFTPOS & Bank Transfer.
We also accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
Please see the PayPal Privacy Policy for more details.
Your payment transaction will be processed as you complete an order on the Website www.maynot.com.au
If we decline to complete an order under our Completion of Order Policy or we cannot fulfil an order for any reason, we will refund the payment for the order.
GST
10% GST applies to all products and transactions (subject to change by the Australian government).
REFUND POLICY
Requests for credits or returns must be made within 7 days of delivery of goods. Please refer to the Returns Policy on the Website.
COMPLETION OF ORDER POLICY
We may require you to provide additional information before we accept and process any order.
The delivery to you of any email or other confirmation of your order, or the receipt of funds from you, or any deduction to your credit card, does not signify our acceptance of your order or constitute our agreement to provide the Products or Services to you.
We reserve the right to decline to process any order when there has been an incorrect price listed on the Website due to a typographical or other error.
We also reserve the right in our sole discretion to accept or decline an order at any time without providing a reason.
If we decline to accept and process any order under this Completion of Order Policy, we will refund any payment made by you for the order.
GENERAL USER AGREEMENT
To be eligible to register and use our Services, you acknowledge and agree to the following:
You are 18 years of age or older and able to form a legally binding contract;
You will not share your password or login details with any other person and you will keep your contact and other information updated;
You warrant that all information you provide is true, correct, up-to-date and accurate;
You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and
You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.
We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website is always available and virus-free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.
MEDICAL DISCLAIMER
Nothing contained in or on the Website is intended to be used or treated as advice. It does not take into account your individual health, medical, physical or emotional situation or needs. It is not medical advice and should not be considered or used as a substitute for medical attention, treatment, examination, treatment of existing conditions or diagnosis and is not intended to provide a clinical diagnosis nor take the place of medical advice from a qualified practitioner. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should, before you act on or use any of this information, consider the appropriateness of the information with respect to your own personal situation and needs. Before relying on any information or material or using any products, you should contact your own professional practitioner to ensure it is relevant to and appropriate for your particular circumstances.
Whilst we endeavour to keep the information on the Website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.
TERMINATION
You agree that we may, in our sole discretion, terminate or suspend your access to the Website and the Services with or without notice and for any reason, including, without limitation, breach of these Terms. We may, at our sole discretion, provide you with a warning that you have breached the Terms and provide you with an opportunity to rectify the breach, to our satisfaction, as a condition of maintaining your account and having continued access to the Website.
Any suspected fraudulent, abusive or illegal activity, including breach of copyright, may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
You may request us to close your account at any time by sending an email request to us at maynotptyltd@gmail.com
PRIVACY
We do not collect or store your medical information, any sensitive information as described in the Privacy Act 1988 (Cth), or your health information as described in the Personally Controlled Electronic Health Records Act 2012 (Cth) on our website www.maynot.com.au or any of its pages.
All your medical or health information is collected and managed directly by the Approved Practitioner that is responsible for issuing you a prescription.
We only collect information required to provide our Services and we keep this information in secure encrypted servers. This includes records of the prescriptions in order to administer our business, keep stock records, costs, revenues and accounts in the normal way.
We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled.
We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
For details of how we collect and manage private information, please refer to our separate Privacy Policy.
LIABILITY AND INDEMNITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage of any kind which may result from your use of the Website, the Services or any information contained on or linked to the Website.
Your use of the Website and the Services, including your reliance on any information on the Website, is entirely at your own risk, for which we will not be liable.
It is your own responsibility to ensure that any Products, Services or information contained on or linked to the Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.
For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Maynõt Pty Ltd’ liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
In any event, for any claim, our liability to you will not exceed the amount actually paid by you to us in the preceding one-month period.
You agree to indemnify us against any and all claims, liabilities, actions and expenses which may result either directly or indirectly or is in any way related to your use of the Website or the Services, your reliance on any information contained on or linked to the Website, or any actions or activities you may undertake with other persons or businesses as a result of the Services.
This Liability and Indemnity clause will survive the expiry or termination of these Terms and your use of the Services.
Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours or our suppliers.
All other trademarks or service marks within the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or name of ours or of any of our advertisers/Suppliers
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any content on the Website. In particular, if we believe any content to be inappropriate, potentially breach regulations, receive complaints, or for any other reason, and in our reasonable discretion, we may remove or modify the content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name to any law enforcement authority, other competent authority, or any person for the purpose of legal proceedings, prosecution, or investigation for any breach or alleged breach of the law or these Terms.
GOVERNING LAW
These Terms are governed by the laws of Tasmania which are in force from time to time and you agree to submit to the exclusive jurisdiction of the Courts of Tasmania for determining any dispute concerning these Terms.
COPYRIGHT NOTICE
This website and its contents are the copyright of – © Dr Nicholas Dawkins owner of Maynot(ABN: 14 600 140 967) 2021 All rights reserved, except where copyright to images and/or words are held by our suppliers, contributors, or brand owners.
Any redistribution or reproduction of part or all of the contents in any form is prohibited without our express written permission.
You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.
DISPUTES
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute arising from the Services or any aspect of these Terms, both you and we agree to obtain an independent professional arbitrator/ dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
RELATIONSHIP
The parties to this agreement are independent contractors, and nothing in these Affiliate Terms shall be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
You have no authority to make any representations or accept any offers on behalf of us.
Each party is responsible for payment of their own local taxes on any amounts received by the other party.
OWNERSHIP OF INTELLECTUAL PROPERTY & GOODWILL
You will not use any of, and you acknowledge that we own and retain all proprietary rights to all software, artwork or designs relating to the brand/style of our Website and marketing materials, and also all relevant copyrights, patents and other intellectual property rights with relation to content.
Any intellectual property rights or goodwill derived from the performance of the Services under these Terms will be owned by, remain with or be assigned by you to us and will vest solely in us as the absolute owner of such intellectual property rights or goodwill.
We warrant that the intellectual property rights on the Maynot Website will not, to the best of our knowledge, infringe any industrial or intellectual property rights of any person.
In any event and to clarify, you agree that nothing in these Terms gives you any interest in any of our intellectual property or goodwill existing at any time; or in any of the intellectual property or goodwill derived from the performance of the Services under these Terms.
We grant you a non-exclusive, non-transferrable license (‘License’) to use our name, logo and marketing materials on your website and in your marketing materials in accordance with the terms these Terms. This License terminates immediately upon expiration or termination of these Terms or we may revoke it at any time in our sole discretion.
CONFIDENTIAL INFORMATION
You agree that you will: keep confidential;
not use directly or indirectly; and
not disclose directly or indirectly,
the terms of these Terms and all Confidential Information relating to, arising under or acquired under or as a consequence of these Terms, except as required by law or any regulatory authority or stock exchange or with our express written consent.
You will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required for you to access and use the Maynot website under these Terms in which case, you will ensure they are under the same duty of confidentiality as you are under these Terms.
You shall notify us immediately upon becoming aware of any unauthorised disclosure, copying, use or loss of all or any part of the Confidential Information.
TERMINATION
Either party can terminate this agreement at any time, with or without cause, by giving the other party written notice of termination. Notice by e-mail to the address on our records is considered sufficient. The Agreement and this arrangement will be terminated once all payments have been made in accordance with these Terms.
If you breach any of your obligations of these Terms, you must immediately remedy or rectify the breach promptly, and in relation to any breach that cannot be rectified, we may give you notice to terminate this agreement in writing by email, which notice will take effect upon delivery to your email account.
On termination of this agreement, for any reason whatsoever, you agree to:
(i) cease promotion of Maynot and our Services on your website or other promotional material;
(ii) cease to describe yourself or promote yourself as being associated with Maynot or our Services.
LIMITATION OF LIABILITY
Our liability to you is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded.
For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ‘Maynõt Pty Ltd’ liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with these Terms or our performance of services or of any other obligations relating to these Terms, even if we have been advised of the possibility of such damages. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
DISCLAIMERS
We make no express or implied warranties or representations with respect to the Products sold through the Website (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
We make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that these Terms constitute your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the performance by you of this agreement is within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under: (i) any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you; or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
You agree and warrant that you will comply with all laws relating to the sale and marketing of medications online and further agree that in certain jurisdictions the sale of or marketing of medications online may be prohibited. By marketing into or offering for sale into such jurisdictions you indemnify and hold us, all of our websites and associated companies, directors, partners harmless from amongst any and all legal actions, claims, business losses damages or liabilities incurred as a result thereof.
INDEMNITY
Without prejudice to any other right or remedy we may have, you hereby agree to indemnify, defend and hold harmless Dr (Osteo) Nicholas Dawkins & Dr (Osteo) Joshua Maguire t/a Maynõt Pty Ltd, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including legal fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) the breach of any representation or warranty made by you herein; (ii) any claim made by your Patients, including claims made by spouses, partners, parents, children and any other dependents of your Patients; (iii) any breach of this agreement; (iv) any tortious act and/or omission and/or any breach of statutory duty by you; and (v) any actual or alleged infringement by you of any intellectual property rights or other rights of any person.
FORCE MAJEURE
Neither party to this agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
SEVERANCE
In the event that one or more of the provisions of this agreement is found to be unlawful, invalid or otherwise unenforceable, the provision(s) shall be deemed severed from the remainder of this agreement. The remainder of this agreement shall be valid and enforceable.
NO ASSIGNMENT
You shall not assign or delegate any of the rights or obligations under this agreement, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, this agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
GOVERNING LAW
This agreement is governed by the laws from time to time in force in the state of Tasmania. You and I agree to unconditionally submit to the exclusive jurisdiction of the Courts of the state of Tasmania for determining any dispute concerning this agreement.