Terms & Conditions of Use

Terms & Conditions of Use

1. Acceptance

This website has been developed, and is administered by, Empire Supplies (“Empire”). Your access to and use of this website is subject to the following terms, conditions, statements and notifications contained within this document or elsewhere on this website and collectively referred to as our “General Conditions of Use”.

Your use and continued access to this website constitutes your agreement that these General Conditions of Use and any amendments or changes that may have been made from time to time will govern your right to use and access of our website and all the documents, links and information contained on it.

Empire reserves the right to discontinue or to make partial or complete modifications to this website and any documents, current and new including but not limited to our General Conditions of Use, Privacy Statement, Sales Terms and Conditions, Purchase Terms and Conditions, Purchase of Services Terms and Conditions and our Empire Supplies Supplier Code of Conduct. We may make such changes at any time, at our own discretion and without prior announcement. We therefore ask that next time you visit this website, to view these documents again and to note any changes or amendments that may have been made.

2. Restrictions of Use.

You must not use the Website in any manner or for any purpose which is:

2.1 unlawful or in any manner which violates any of Empire’s rights or any other company’s rights within the Empire Group for Companies; or

2.2 prohibited by these General Conditions of Use.

3. Surrender of use and benefit

All details, documents and illustrations (“materials”) published on this website are the sole property of Empire or any other member of the Decima Group of Companies. Any permission to use any material published on this website is granted on the proviso that the relevant copyright note is displayed on all copies, that such materials are only used for personal purposes, that they are not exploited commercially, that the materials are not modified in any way and that they are only used in conjunction with any accompanying text. You also agree not to use any materials in a way that implies endorsement by Empire or any person or persons referenced within the materials.

4. Trademarks and Copyright

This site is owned and operated by Empire Supplies. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws.

All software used on the site is the sole property of Empire Supplies or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.

All names, logos, trademarks and information on this website are owned by or licensed to Empire Supplies unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these names, logos, trademarks and information or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights. Nothing contained within this website should be construed as granting by implication or otherwise any license, or right in and to the names, logos and trademarks without express written agreement from Empire. Misuse of any names, logos and trademarks is strictly prohibited.

5. Limited liability

Your access to this website and its content is done so at your own risk. Despite our best efforts, the content of this website may become out of date from time to time. Nothing on this website should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. It is important that you rely only on the advice of a health care professional to advise you on your specific situation. Empire makes no representation about the accuracy, reliability, completeness or timeliness of the content on this website. In no event shall Empire or any third parties involved in the creation, production or transmission of this website be held liable for loss, damage or injury, indirect, incidental, special and/or consequential damage or loss of profits resulting from access to, or the inability to access, or from the use of, or inability to use, this website or from any reliance on any information given on this website. The information provided on this website is provided on an “AS IS” basis without any warranties of any kind, express or implied to the extent permitted by law. Further, no representation is made or warranty given, either expressly or implied, for the completeness or accuracy of the information on this website. We therefore recommend that you check any information you obtain from this website prior to using it in whatever form. You should not accept any information contained on this website without obtaining independent medical advice.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical condition. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.

6. Disclaimer & Limitation of Liability for Products Sold

Except as expressly stated herein, Empire Supplies makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, Empire Supplies expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the 'consumer guarantees' outlined in the Australian consumer law (found at: www.accc.gov.au). You agree that the sole and exclusive maximum liability to Empire Supplies arising from any product sold on the site shall be the price of the product ordered. In no event shall Empire Supplies, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.

7. Use of Site Disclaimer

You expressly agree that use of the site is at your sole risk. In no event will Empire Supplies, its directors, officers, employees and representatives, third-party content providers or the like warrant that the site will be uninterrupted or error-free. In addition, Empire Supplies, do not make any warranty as to the results that may be obtained from the use of the site, or use of the information, content, service, or products provided through the site.

Further, Empire Supplies explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of Empire Supplies, its directors, officers, employees and representatives or (vi) any other matter relating to the site.

You agree to indemnify and hold Empire Supplies, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

8. Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Empire Supplies shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Empire Supplies shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Empire Supplies shall immediately issue a credit to your credit card account in the amount of the incorrect price.

9. Websites of third-party vendors/links

This website contains links/references to third-party websites. Empire provides these links for your convenience. Empire is not responsible for the content on these sites and nor will Empire accept any responsibility for the availability of such websites or any liability for loss, damage or injury resulting from the use of such content, of whatever form. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.

10. Details supplied by yourself

Except for information covered by our Privacy Policy, the User of this website is fully responsible for the content and accuracy of details provided to Empire as well as for the non-violation of any third-party rights that may be involved in such details. The user gives their consent to Empire to collect, store and use this information for the purposes described within these General Conditions of Use but primarily for enabling Empire to respond to any contact initiated by the User. Empire shall also use the information provided by the User (which may comprise ideas, inventions, blueprints, techniques and expertise contained therein), for any other purpose Empire so determines, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitation.

11. International users

This website is checked, operated and updated by Empire. It is exclusively intended for use within Australia. Empire gives no guarantee that particulars regarding products and services made available or supplied by Empire as presented on this website (viewable by healthcare professionals only) are correct in respect of countries outside of Australia and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Should a User consider this Website from outside Australia it is to be noted that it is the User’s responsibility to comply with applicable laws.

12. Site with login: access rights

Please note that you are obliged to protect your access rights from unauthorised third-party use and that you must ensure that they cannot be used by others without your authorisation.

You must notify Empire immediately if your security has been interfered with in any way. Please contact the Empire Privacy Officer at privacy.officer@empiresupplies.com.au or contact us by telephone on (03) 8375 9688 with any concerns.

13. Termination

These General Conditions of Use are effective until terminated by Empire. Empire reserves the right to terminate this agreement and access to the Website at any time without notice. In such an event, all restrictions imposed on you, disclaimers and limitations or liability set out in the General Conditions of Use will survive termination.

14. Governing law

The General Conditions of Use are governed by and construed in accordance with the laws of New South Wales, Australia. The User irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

15. Miscellaneous

If any provision of the General Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the General Conditions of Use which will continue in full force and effect. All rights not expressly granted are reserved.

Updated January 2017