General Terms and Conditions of Sale / Returns & Refund Policy
All pricing is in AUD$. All LCANZ events – have the specific refund policy stated on the registration form.
- For any queries on payment, order status, freight and delivery for the LCANZ website please contact the Lactation Consultants Association of Australia and New Zealand Limited on +61 2 6282 5779 or firstname.lastname@example.org
- The generation and forwarding of an order by you (the “customer”) using the LCANZ website constitutes an offer to purchase the products from LCANZ. All orders are subject to acceptance by LCANZ, and are otherwise subject to its general terms and conditions of sale.
- The display of products and prices on the LCANZ website does not constitute an offer by LCANZ to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes.
- To the fullest extent permitted by law, LCANZ excludes all responsibility or liability for or arising out of any inaccurate or erroneous product descriptions which appear on the LCANZ website.
- LCANZ accepts no liability for the Customer’s security breaches, unauthorised use of the Customer’s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
- LCANZ shall not be responsible for any errors or omissions contained in or on the LCANZ website. The Customer relies on the information contained in the LCANZ website at its own risk. The information in the LCANZ website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
- LCANZ reserves the right to make any changes to the information contained in and the layout of the LCANZ website, including changes to its product range, ordering mechanisms and ordering terms.
- Except in respect of implied warranties which cannot be excluded by law, LCANZ does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of the LCANZ website or the products it supplies.
- Except as may be prescribed or implied by law, LCANZ shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the LCANZ website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
- All goods and services (“Products”) supplied by LCANZ are supplied on these terms and conditions, the supply of which is also subject to additional terms and conditions of sale.
- No order shall be binding on LCANZ until accepted by LCANZ. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by LCANZ of an order from the Customer. LCANZ reserves the right to accept any order in whole or in part. Where LCANZ makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by LCANZ.
- All orders must be paid for via valid credit card at the time of order placement. All transactions are processed through our EWAY gateway and information about this service can be found at www.eway.com.au.
- Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to LCANZ. Risk in the Products will pass on delivery to the Customer.
- LCANZ reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.
- Any Products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the Customer’s order, may be returned to LCANZ within 14 days of invoice date, at no cost to the Customer. Products may not otherwise be returned.
- Except for those required or implied by legislation, LCANZ gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of LCANZ. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of LCANZ under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or LCANZ to:
(a) If the breach or liability relates to goods:
(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repaired;
(b) If the breach or liability relates to services;
(i) The supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.
- Except as expressly provided above, LCANZ shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by LCANZ or the failure of LCANZ to comply with these terms and conditions.
- These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, LCANZ will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. LCANZ reserves the right to change these Terms and Conditions at any time.
- LCANZ reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
- These terms and conditions are governed by and will be construed in accordance with the laws of the Australian Capital Territory and/or the Commonwealth of Australia, and the parties agree to submit to the jurisdiction of the relevant courts.
- The failure by LCANZ to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
Delivery and Freight Information
Orders will be dispatched within 7 working days following receipt of order and payment. Products sent within Australia are sent via standard Australia Post.
Changes to this Policy From time to time it may be necessary for us to review these policies. We reserve the right to amend these policies at any time and to notify you of any amendments by posting an updated version on our website www.www.lcanz.org
Agreement between the User and LCANZ.
The LCANZ Website is comprised of various Web pages operated by LCANZ. The LCANZ Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LCANZ Website constitutes your agreement to all such terms, conditions, and notices.
LCANZ reserves the right to change the terms, conditions, and notices under which the LCANZ Website is offered, including but not limited to the charges associated with the use of the LCANZ Website.
Links to Third Party Websites
The LCANZ Website may contain links to other Web Sites (‘Linked Sites’). The Linked Sites are not under the control of LCANZ and LCANZ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
LCANZ is not responsible for webcasting or any other form of transmission received from any Linked Site. LCANZ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LCANZ of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the LCANZ Website, you warrant to LCANZ that you will not use the LCANZ Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the LCANZ Website in any manner which could damage, disable, overburden, or impair the LCANZ Website or interfere with any other party’s use and enjoyment of the LCANZ Website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LCANZ Website.
Use of Communication Services
The LCANZ Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
LCANZ has no obligation to monitor the Communication Services. However, LCANZ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
LCANZ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LCANZ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LCANZ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
LCANZ does not control or endorse the content, messages or information found in any Communication Service and, therefore, LCANZ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorised LCANZ spokespersons, and their views do not necessarily reflect those of LCANZ. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you download the materials.
Materials Provided to LCANZ or Posted to the LCANZ Website
LCANZ does not claim ownership of the materials you provide to LCANZ (including feedback and suggestions) or post, upload, input or submit to any LCANZ Website or its associated services (collectively ‘Submissions’).
However, by posting, uploading, inputting, providing or submitting your Submission you are granting LCANZ, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LCANZ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LCANZ’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the LCANZ website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. LCANZ and/or its suppliers may make improvements and/or changes in the LCANZ website at any time.
Advice received via the LCANZ website should not be relied upon for personal, medical, legal or financial decisions and you should consult an LCANZ professional for specific advice tailored to your situation.
LCANZ and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the LCANZ website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind.
LCANZ and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall LCANZ and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the LCANZ website, with the delay or inability to use the LCANZ website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the LCANZ website, or otherwise arising out of the use of the LCANZ website, whether based on contract, tort, negligence, strict liability or otherwise, even if LCANZ or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The LCANZ website service contact is email@example.com.
LCANZ reserves the right, in its sole discretion, to terminate your access to the LCANZ Website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the Australian Capital Territory (ACT), Australia in all disputes arising out of or relating to the use of the LCANZ Website.
Use of the LCANZ Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LCANZ as a result of this agreement or use of the LCANZ Website.
LCANZ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LCANZ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LCANZ Website or information provided to or gathered by LCANZ with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LCANZ with respect to the LCANZ Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LCANZ with respect to the LCANZ Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the LCANZ Website are: Copyright 2011 by LCANZ and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
Copyright in the Material on this Web Site is owned or licensed by the LCANZ.
LCANZ does not endorse any materials, products or specific services of any IBCLC® listed in its Find a Lactation Consultant Directory.
We generally do not sell products for purchase by children, as we require credit card details, cheque or money order, or an account. If you are under 18, you may use our site but we reserve the right not to accept your order if we believe that to sell to you is against the law, you do not have legitimate authority to authorise a purchase, you do not have the means to purchase or pay, that our products may be used inappropriately, or our products could cause harm.
Changes to this Policy
From time to time it may be necessary for us to review these policies. We reserve the right to amend these policies at any time and to notify you of any amendments by posting an updated version on our website www.www.lcanz.org
Our advertising policies are those adopted by ILCA. You can download the full terms from www.ilca.org.