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Terms of Sale

This terms of sale, together with the documents referred to in it set out the terms and conditions on which a guest or a registered user may make use of websites provided by Roche Diabetes Care Australia Pty Limited (“Roche”, “we”, “us”, or “our”). Use of our site includes accessing, browsing, or registering to use our site (“Accu-Chek shop”).

 

Product Availability

The purchase of Accu-Chek product(s) through the Accu-Chek shop is subject to availability. Should a product be out of stock, Roche will notify you as soon as possible and will not process your order. Roche can impose order restrictions on the number of products ordered and the interval at which subscription products can be ordered.

 

Delivery

Your Accu-Chek product(s) will be delivered as soon as possible and in any event within 30 calendar days of Roche accepting your order. Your Accu-Chek product(s) will be delivered to you by a courier engaged by Roche. Delivery charges will be added to the total order amount once the delivery service has been selected.

Roche will deliver your Accu-Chek product(s) to the delivery address as provided in your order. As purchaser it is your responsibility to ensure all order particulars and address details are correct. Should an order be undelivered due to an incorrect address, Roche will not assume responsibility.

You will be responsible for the Accu-Chek delivery when it has been delivered to you, it is your responsibility to check the delivery contents. Should there be an order discrepancy i.e item missing, damaged packaging, ensure you contact Roche within 7 business days of receiving your delivery. It will be assumed that your delivery is correct if you have not made contact to Roche within this timeframe.

 

Product Warranty

Our goods and services come with guarantees as described in the document inside the product’s packaging that cannot be excluded under the Australian Consumer Law. For Warranty Registration please visit warranty registration page

For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Acceptance of the terms of use

Please read these terms of use carefully before you start to use our site, as by using our site, you confirm that you accept these terms of use and that you agree to comply with them.

We recommend that you print a copy of this page for future reference. If you do not agree to these terms of use, you must not use our site.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy and Cookie Policy set out the terms on which we process any personal data we collect from you, or that you provide to us, as well as the information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Information about us

www.shop.accu-chek.com.au and www.accu-chek.com are sites operated by Roche Diabetes Care Australia Pty Limited. We are registered in Australia under company number ABN 69 602 140 278 and have our registered office and main trading address at:

Building E, Level 1, br> 24-32 Lexington Drive
Bella Vista NSW 2153, Australia.

 

Changes to terms of use

We may revise these terms of use at any time by amending this page. If we do, we will publish the changes on our site.

Please check this page from time to time to take notice of any changes we make, as they are binding on you. The date at the top of this webpage indicates when these terms of use were last updated. If you do not agree with the amended terms of use, you must not continue to use our site after the date on which the amendments take effect.

 

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Site Provided for Informational Purposes Only

All information, including any product information or selected information concerning diseases and their treatment that may be contained and referenced in this site, or any such information that may be contained in any e-mail or other form of communication received by you in response to an opt-in registration from this site, is general in nature and for informational purposes only.

The site is NOT intended to provide medical advice or intended to be relied on for medical diagnosis or treatment. You understand and agree that Roche does not use this site to provide medical advice, financial advice, or legal advice, and you should not assume that information submitted through this website is subject to health, financial, or legal privacy laws or regulations. Accordingly, you agree that you will not rely on any statements made on this site as though it were professional advice. Always seek the advice of a physician or other qualified health care professional regarding any medical questions you may have. Do not ignore medical advice or delay obtaining medical advice based upon information contained and referenced in this site.

 

Site Intended for Australian Residents Only

Use of this site is intended solely for residents of the Australia. This site may contain product details or information otherwise not accessible or valid in your country. Please be aware that Roche does not take any responsibility for your use of this page to access information which may not comply with any valid legal process, regulation, registration or usage in the country of your origin. Access of this site from outside Australia is at your own risk. You are not permitted to take any action on, through, or by means of this site or any products obtained through this site that violates Australia laws or regulations, including those pertaining to medical devices, pharmaceutical products or exports.

 

No warranties on site

This site and the content are provided “as is.” Roche, to the fullest extent permitted by law, makes no representations and disclaims all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. specifically, Roche makes no representations or warranties about the availability, performance, quality, results, accuracy or timeliness of the content, software, text, graphics, tools, links, owner booklets, device guides or other communications provided on or through the use of this site or any site or sites “linked” to this site. Roche makes no warranty that this site will be available, uninterrupted, error free or free of viruses or other harmful components.

Roche does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. No information, whether oral or written, obtained through the site will create any warranty not expressly stated herein.

 

Account and password security

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us, contact us here

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights within our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site (if applicable).

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status, and that of any identified contributors, as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any other reproduction, retransmission or other use is strictly prohibited. Please contact us to request for permission to reproduce any information contained on this site.

 

Trademarks

ACCU-CHEK, ACCU-CHEK ACTIVE, ACCU-CHEK AVIVA CONNECT, ACCU-CHEK AVIVA EXPERT, ACCU-CHEK GUIDE, ACCU-CHEK MOBILE, ACCU-CHEK PERFORMA, PERFORMA NANO, PERFORMA COMBO, CLIXMOTION, FASTCLIX, MULTICLIX, SOFTCLIX, SAFE-T-PRO PLUS, ACCU-CHEK FLEXLINK, ACCU-CHEK LINKASSIST, ACCU-CHEK RAPID-D LINK, ACCU-CHEK SPRIT COMBO, ACCU-CHEK TENDERLINK, ACCU-CHEK 360°, ACCU-CHEK CONNECT and ACCU-CHEK SMART PIX are all registered trademarks owned by or licensed to a member of the Roche Group.

Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. If you believe that material on this Site infringes your rights under copyright law, please contact us by Mail at the following postal address:

Roche Diabetes Care
PO Box 955
Castle Hill NSW 1765

Please include:

  • a detailed description of the copyrighted work that is allegedly infringed;
  • a description of the location of the allegedly infringing material;
  • your contact information, including your address, telephone number, and, if available, e-mail address;
  • a statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • a statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
  • an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

 

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • access, use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you.

We welcome any information regarding inaccuracies or faults discovered on the site; please contact us with such information.

 

Your liability

You must ensure that any personal information that you supply to us is correct and complete. You must inform us immediately of any changes to the information that you have supplied to us; this can be done by contacting us or by updating your details by logging on to the Accu-Chek shop website.

 

Indemnification

You agree to indemnify, defend and hold harmless Roche, its officers, directors, employees, subcontractors and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from your transmission of any message, content, information or other materials on or through the site, your breach or violation of the law, your violation of any third party right, your violation of these Terms, or any activity otherwise related to your use of the site (including negligent or wrongful conduct).

 

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use terms which can be found below.

You warrant that any such contribution does comply with those standards, and you will be liable to, and indemnify us, our subsidiaries, affiliates, officers, agents and employees and hold them harmless for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use terms which can be found below.

The views expressed by other users on our site do not represent our views or values.

 

Rights you licence

When you upload or post content to our site, you grant us, our affiliates and third parties working on our behalf the following licenses:

  • a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, reproduce, modify, adapt, publish, translate, prepare derivative works of, display, and perform that user generated content
  • to incorporate such material into other works in any format or medium known or later developed;
  • in connection with the service provided by the website and across different media; and
  • to promote the site and our services.

Such licences remain in place until they are deleted by the user from the site at such point they shall expire.

 

Handling of material on the site

We reserve the right to remove any material on the site at any time.

You acknowledge and agree that we may preserve and disclose material posted by you on this site if required (a) by law or legal process, (b) to enforce these terms of use, (c) to respond to claims that such material violates the rights of third parties or (d) to protect our rights and/or property, or rights and/or the property of other users of this site and the general public.

 

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence under the applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Linking to our site

You may link to our home page and/or any other of our sites’ pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site may be framed on another site provided that you seek our prior written approval of the framing by contacting us.

We reserve the right to withdraw linking permission without notice and are not liable to you for any loss that you suffer as a result of such links. The website in which you are linking must comply in all respects with the content standards set out in our Terms of Use.

If you wish to make any use of content on our site other than that set out above, please contact us.

 

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only and do not signify that we endorse such third party websites. We have no control over the contents of those sites or resources and you acknowledge and agree that: (i) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability; (ii) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and (iii) if you access any such websites, you do so entirely at its own risk.

 

No offer and no solicitation

The information provided on this website does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Roche securities. Investors must not rely on this information for investment decisions.

 

Forward-looking information

This page may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

 

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Australian law. You and we both agree to that the courts of Australia will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Australian law. We both agree to the exclusive jurisdiction of the courts of Australia.

 

Severability

If any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable, to the extent that term is illegal, invalid or unenforceable it shall be severed and deleted. The remaining terms shall survive and remain in full force and effect.

 

No Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms of use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

Intended Country Audience

This website contains information on products which is targeted to a wide range of audiences and could contain product details or information otherwise not accessible or valid in your country. Please be aware that we do not take any responsibility for accessing such information which may not comply with any valid legal process, regulation, registration or usage in the country of your origin.

 

Acceptable Use

These terms set out the permitted uses and prohibited uses of our site. When using our site, you must comply with these terms.

 

Prohibited uses

You may use our sites only for lawful purposes. You may not use our sites:

  • In any way that breaches (whether intentionally or unintentionally) any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or other telecommunications equipment.
  • To process personal data about others.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of our terms of website use set out above.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our sites;
    • any equipment or network on which our sites are stored;
    • any software used in the provision of our sites; or
    • any equipment or network or software owned or used by any third party.

 

Interactive services

We may from time to time provide interactive services on our sites, including, without limitation:

  • promotional offers,
  • subscriptions,
  • interactive tools to determine suitability of blood glucose meters,
  • member accounts.

(together referred to as “interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

While our sites are directed at adults, the use of any of our interactive services by a minor under 18 years of age is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety sale, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you contribute to our sites and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in Australia and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Contain unauthorised advertising, promotional materials, "spam", "junk mail", "chain letters" or any other forms of solicitation.

 

Online Sales

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us, and that all billing information you provide to us is truthful and accurate. Providing any untruthful or inaccurate information is a breach of these terms and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a temporary period. Your card issuer determines the length of time the pre-authorization is held.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the purchase, as well as all shipping and handling charges and applicable taxes. Roche reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason.

You agree that any products you purchase from this site are for your personal use only (or as a gift) and that you will not resell or distribute the products to other entities or individuals. Roche reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any good(s) from Roche for the purpose of engaging in a commercial sale of the same good(s) to a third party. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the site. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for goods pass to you upon delivery of the goods to the carrier.

ALL SALES ARE FINAL. AT ROCHE’S SOLE DISCRETION, REFUNDS MAY BE ISSUED FOR SMALL-SCALE, ONE-OFF PURCHASES. ROCHE DOES NOT TAKE TITLE TO ANY RETURNS UNTIL WE HAVE RECEIVED THE RETURNED PRODUCT. CONTACT CUSTOMER SERVICE AT australia.dc_customerservice@roche.com FOR MORE INFORMATION. SUBSCRIPTIONS ARE NEVER ELIGIBLE FOR REFUNDS.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of the terms of website use set out above upon which you are permitted to use our sites, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our sites.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Contact us

To contact us, please follow this link.

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