TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING TKCARE.COM.AU (‘WEBSITE’) OR YOU MAY BECOME A MEMBER/REGISTERED USER OF THE WEBSITE ONCE YOU USE THE WEBSITE OR BECOME A MEMBER/REGISTERED USER OF THE WEBSITE, YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

Before using this website or you may become a member/registered user of TKCARE.COM.AU, you must read and accept all of the terms in, and linked to, these Terms and Conditions and the Privacy Policy. We strongly recommend that, as you read these Terms and Conditions, you also access and read the linked information. The Terms and Conditions that apply on any of our domains are always the agreement that appears in the website’s footer.

Use of this website signifies your agreement to the Terms and Conditions. TKCARE.COM.AU reserves the right, at any time, to modify, revise or update the Terms and Conditions at any time by updating this posting. Your continued use of the website, after the change has been made, will mean that you agree to and fully accept the change.

To use our services, you represent that you are at least 18 years of age to form a binding contract. Minors under 18 and at least 13 years of age are permitted to use our services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years of age are not permitted to use our services.

These Terms and Conditions are between you and Lake Macquarie Care Pty Ltd, an Australian Company.

PERMITTED USE OF WEBSITE

This Website is served as a shopping resource (‘Purpose’), but for no other purpose. You are permitted to use the Website solely for the Purpose.

PURCHASE

You are responsible for reading the full product listing before purchasing a product through our Website.
By confirming your purchase, you agree to pay all applicable fees including purchase prices of products, shipping costs, customs, taxes, processing fees (if applicable) and other agreed fees associated with your purchase. When you place an order and the order is being shipped to you, the title for the product and associated risk pass to you upon delivery of the product to the you.

Before placing an order, it is your sole responsibility to inform us that you have any special circumstances that may affected by the product you wish to purchase.
Your payment obligations are fully fulfilled once your payment of the agreed price is received.

NO OTHER USE OR LICENCE

All other use, copying or reproduction of any part of the Website (without limitation, reproduction on any other website or systematic downloading of Website Content) is prohibited. You must not use the Website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in the Website should be construed as a licence or right of use of any trade mark displayed on the Website without the express written permission of the owner of the trade mark.

PROHIBITED USE OF THE WEBSITE

You must not, at any time:

1. make any or all of your information including data, text, video, still images, audio or other material that TKCARE.COM.AU has permitted you to host, share, publish, post, store or upload on the Website (‘Contributions’) that include any commercial, promotional or advertising material;
2. adapt, translate, reverse engineer, disassemble or decompile the Website or any part of the Website;
3. directly or indirectly, introduce or permit the introduction of any harmful code into or onto the Website, or in any manner whatsoever corrupt, degrade or disrupt the Website;
4. remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
5. use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Website;
6. collect any information about other users (including email addresses);
7. create or transmit unwanted electronic communications (including ‘spam’) to other users of the Website or otherwise interfere with other user’s enjoyment of the Website;
8. use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;
9. use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
10. collect or store personal data about other users in connection with any prohibited activity described in this clause ‘PROHIBITED USE OF THE WEBSITE’.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers or reporting your conduct to any person or entity.

You are fully responsible for all activities associated with your account. If your use of our services is prohibited by any applicable laws, then you are not authorized to use our services. We are not responsible if you use our services in a way that breaks the law.

LINKS TO THIRD PARTY WEBSITES

The Website may include, from time to time, advertisements, hyperlinks and pointers to websites operated by third parties or information held on other sites (‘Third Party Websites’). Those Third Party Websites do not form part of the Website and are not under the control of or responsibility of TKCARE.COM.AU. When you link to the Third Party Websites you leave the Website and do so entirely at your risk.
The links are provided for your convenience only and, by accessing these linked sites, you agree to any terms of access or use imposed by the operator of those Third Party Websites.

We do not endorse any material on Third Party Websites and do not:

1. provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those Third Party Websites; or
2. warrant that the material on those Third Party Websites does not infringe the intellectual property rights of any other person.

TKCARE.COM.AU makes no representations and disclaims all liability and responsibility, to you arising from or in connection with any use of any Third Party Website and/or any loss or damage (direct or indirect) that you may suffer as a result of relying on any information or other content accessible to you from any Third Party Website.

COPYRIGHT AND TRADEMARKS

The information and other content accessible by you on the Website excluding any information or other content accessible to you from a Third Party Website is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website.
For Contributions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right and licence to use. You also acknowledge that all Contributions are non-confidential and non-proprietary.

INFORMATION DISCLOSURE & SHARING
All personally identifiable information held by the TKCARE.COM.AU will be kept confidential but we may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the information was collected provide such information to the following parties:

1. We may disclose the information we collect about you (including personally identifiable information) to third parties to comply with applicable laws, regulations, and/or governmental requests.
2. We may disclose such information to verify or enforce compliance with our Terms and Conditions and Privacy Policy, to process and fill your order, reduce credit risk, protect against fraud, protect against misuse or unauthorized use of the Website, or when we believe in good faith that the law requires such disclosure.
3. Certain services or customer surveys might require support from third parties (such as agents, technical services providers, courier companies, mailing companies and other service providers). In order to provide such services or surveys to you, the website is necessary to share your personal information with that partner. They have access to personal information needed to perform their functions, but may not use it for other purposes.
4. In some instances, we may share non-personally identifying information collected on the Website with third parties for statistics and web traffic auditing purposes.

REMOVAL OF CONTRIBUTIONS

TKCARE.COM.AU may at any time, without prior notice to you and without any liability to you, remove, alter, disable or restrict access to any or all of your Contributions in its sole discretion. Without limiting the foregoing, TKCARE.COM.AU may remove any or all your Contributions if it considers that:

1. those Contributions are in breach of any law or regulation;
2. those Contributions infringe the intellectual property rights of any third party;
3. it is required to do so by a regulatory body or any notice issued or served on TKCARE.COM.AU by a relevant regulatory body or authority pursuant to an interim or final takedown notice;
4. those Contributions are misleading or deceptive; inappropriate having regard to the Purpose and/or the Website generally; likely to cause offence; materially incorrect; obscene; defamatory; otherwise unlawful; or corrupted, due to the presence of a virus or other disabling code.

DISCLAIMER AND RELEASE

TKCARE.COM.AU makes every reasonable effort to display the description and colour of the products shown on the Website as accurately as possible. All material, information and images presented by this website, whether in product descriptions or product images are intended for reference only. We rely in part on product descriptions furnished by manufacturers.
We do not represent or warrant that the product information accessible through this website is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. We do not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products.
Price and availability information contained on this website is subject to change without notice. Accordingly, to the maximum extent permitted by law, we do not warrant the reliability, accuracy, currency or completeness of the product information or prices with respect to any product offered on the website and take no responsibility for any error, omission or defect contained in the Website.
We expressly disclaim any liability that may arise between users of our services. If there is a dispute between you and another user or any third party from our services, we are under no obligation to become involved. To the fullest extent permitted under applicable law, you release us from all claims, demands, and damages of every kind or nature arising from or in connection with such disputes.

EXCLUSION OF IMPLIED TERMS

Schedule 2 of the Competition and Consumer Act 2010 (Cth) (‘Australian Consumer Law’) and other similar legislation may imply certain non-excludable terms, conditions or warranties into the Agreement between us, or may give you certain non-excludable remedies against us (‘Non-excludable Conditions’). If we breach a Non-excludable Condition or warranty, then our liability for that breach (other than a breach of a warranty implied by sections 51-53 of the Australian Consumer Law) will be limited to, at our election:

1. the reship of the relevant product; or
2. refund to you of the cost of having the relevant product. Please see the Returns and Refund Policy for more details.

EXCLUSION OF LIABILITY

TKCARE.COM.AU will not be under any liability to you for any cost, loss, liability or expense arising or resulting directly or indirectly from your use of the Website or the use of any customer seeking to view your Contributions. Reliance on any information provided by us and others appearing on the Website is solely at your own risk.

NO LIABILITY FOR UNAVAILABILITY OR FAILURE IN WEBSITE FUNCTIONALITY
TKCARE.COM.AU does not make any promises about the availability or functionality of the Website. We do not represent or warrant that the Website or any material accessible from the Website is free from harmful code or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

To the maximum extent permitted by applicable legislation, the website excludes all liability to you, whether in contract, tort (including negligence) or otherwise:

1. arising from any unavailability, or failure in the functionality, of the Website;
2. arising from or in connection with any Third Party Website;
3. arising from any circumstance beyond the reasonable control of the website; and
4. for any loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Terms and Conditions or the Website.

ENTIRE AGREEMENT

The following policies and descriptions are part of this agreement and provide additional terms and conditions related to specific services offered on the Website:-

1. Privacy Policy;
2. Cookie Policy;
3. Returns and Refund Policy;and
4. Any rules or provisions on any product detail page.

These Terms and Conditions, including the additional terms posted on the Website, may be modified from time to time at our sole discretion. Changes take effect when we post them on the Websites. You should therefore read these Terms and Conditions and the additional terms before you use through the website.

SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.

GOVERNING LAW

These Terms and Conditions, including the additional terms contained on the Website, shall be governed by the law applicable in Victoria, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

TK Care Best Price Guarantee – Terms & Conditions

At TK Care, we are committed to offering you the best value for your investment. Our Best Price Guarantee ensures that you can shop with confidence, knowing you’re getting the best deal available. If you find a lower price on an identical product from a competitor, we’ll match it! Please read our terms and conditions to understand how our Best Price Guarantee works.