Website Terms of Use

Website Terms of Use main image Website Terms of Use image

1. Acceptance of Terms and Conditions

1.1 These terms and conditions (‘Terms’) apply to the use of this website (www.activemobility.com.au), including the purchase of products using this website. By accessing and using this website for these or any other purposes, you agree to be bound by these Terms. If you do not accept and agree to be legally bound by and comply with these Terms, you must refrain from using the website.

1.2 For the purposes of these Terms, “this website” means www.activemobility.com.au. “we”, “us”, “Active Mobility”, “Active Mobility Systems”, “AMS” and “seller”  refer to Active Mobility Systems Pty Ltd and “you”, “the buyer”, “the customer” and “participant” to the user of this website or our services or the purchaser of our products.

2. Amendments to Terms

2.1 We reserve the right to review and amend these Terms from time to time. Amendments will be effective immediately and Active Mobility has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the Terms as amended.

3. Your Account and Password

3.1 You are able to set up an account login (with a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us and that the information that you have given is true and correct. You must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.

3.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any and all claims, loss, or liability arising out of the unauthorized use of your username or password (including any failure to keep your username or password secure and confidential).

3.4 You agree to notify us immediately by email to sales@activemobility.com.au of any unauthorized use of your account or password, or of any other breach of security.

3.5 We are not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section or for any delay in shutting down your account or password after you have reported a breach of security to us.

4. Pricing

4.1 All prices are shown in Australian Dollars (AUD). Some items include GST (which is currently 10%– if the GST rate changes we reserve the right to immediately amend our prices accordingly). Some items are GST free. All prices are correct at the time of publication however we reserve the right to alter prices for any reason and at any time

4.2 The price payable by you for orders accepted by us is the price quoted on this website for the relevant products at the time your order is submitted (subject always to clause 5.4 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products).

4.3 Where the buyer and the seller agree to a variation in the quantity of the goods, the goods will be priced either at the rate applicable to the original quantity or  the rate applicable to the revised quantity at the absolute discretion of the seller.

4.4 The seller may vary any prices on the seller’s website at any time and without notice to the buyers.

5. Orders

5.1 By placing an order on this website you agree to and accept the terms and price specified in this website. This price will include additional delivery, which is calculated during the check-out process. If the shipping fee is processed by a third party the buyer is not responsible for the charges. This offer may be accepted or rejected by Active Mobility for any reason, including, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your purchase contract with Active Mobility will only come into existence when you have fully paid for your order and Active Mobility provides confirmation that your order has been accepted and can be fulfilled. Confirmation will be sent via email to your notified email address.

5.2 We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our website manager may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud and other unauthorized or illegal activity.

5.3 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify you of the non-availability on this website. We may revise the range of products or the specification of any product at any time (except where we have confirmed our acceptance of your order) without notice to you.

5.4 Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.

5.5 You agree that the products sold to you by Active Mobility are for your own use and are not to be on sold by you to any entity in the nature of a wholesale, distribution, or retail supply.

5.6 Images of our products on the website are intended to show examples of our products. Final look of the product may vary slightly from those shown on the website and sample products.

5.7 We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time.

6. Payment

6.1 Payment by card

6.1.1 We accept Visa and MasterCard credit cards.

6.1.2 Active Mobility takes credit card data security very seriously. For that reason, we use Braintree to securely handle credit card information. Braintree is a Validated Level 1 PCI DSS Compliant Service Provider. Learn more about Braintree security practices.

6.1.3 In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website. All payments on www.activemobility.com.au are processed via a Westpac payment fulfilment service. Active Mobility assumes no liability whatsoever for the availability and functionality of this service. Active Mobility assumes no liability for any financial loss caused by the use of the Westpac payment service.

6.2 Payment by Bank Deposit

6.2.1 We accept Bank Deposit Payment. Payment must be made to our account held by Westpac Bank. All details – Account Name, Account Number and BSB can be found on the bottom of the invoice and quote. Buyers must provide an Invoice or a Quote number as a reference/ description.

6.2.2 Payments by Bank Deposit will be processed once Active Mobility receives money in their bank account.

6.3 Purchase Orders

6.3.1 If the buyer provides a Purchase order number, AMS will require an official Purchase Order to process the order. Purchase Order can be emailed to Sales team.

6.4 Payment with NDIS

6.4.1 If a buyer chooses the NDIS Payment option, Active Mobility will process the payment on behalf of the participant.

6.4.2 NDIS Payment option will only be processed if we are provided full details of NDIS Participant – Surname, Date of Birth, NDIS Participant Number and the NDIS preferred budget.

6.4.3 If buyer has insufficient funds, Active Mobility will contact buyer directly and the order shall be cancelled, unless payment is done with an alternate payment method.

6.4.4 Active Mobility is not able to refund the money back to participant’s portal therefore ordered items cannot be refunded.

6.5 Payment with Zip

6.5.1 Active Mobility offers payment through the third party – Zip. Zip is a reusable account that lets you buy now and pay later. For more information about Zip.

6.5.2 It is buyer’s responsibility to register, and follow the instructions and terms and conditions of the Zip.

6.5.3 By purchasing items through Zip, buyers agree to pay any extra cost, such as interest, surcharge or others to Zip.co – refer to their website.

6.6 We do not accept any purchases from overseas.

7. Delivery

7.1 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 5 business days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. Multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.

7.2 In the event we are not able to ship to the shipping address you advise, we will notify you, your order will be cancelled, and you will receive a refund (excl. shipping cost) in respect of your purchase (unless you provide an alternate eligible shipping address).

7.3 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

7.4 All online orders are delivered by courier or Australia Post.

7.5 Bigger items, such as mobility scooters, lifting hoists, commodes, lifting chairs and others will be delivered in box, unassembled with the instruction manual, unless otherwise stated.

7.6 We are able to assemble and deliver these items by Active Mobility delivery driver within Sydney Metro, Newcastle and Wollongong area (additional charges will apply).

7.7 All care will be taken in packing and dispatching your purchase but we are not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not we are legally responsible for the person who caused or contributed to that loss. We are not responsible for any loss of items that are wrongfully signed for and accepted by a third party.

7.8 We are not liable for damage incurred to goods in transit or for non-delivery. You will become the owner of the goods you have ordered once they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. If you have a non-delivery arrangement with the courier company we are not liable for the loss, damage or destruction to the goods. It is the responsibility of the customer to make sure the package is delivered to the correct address and signed for by the customer as it is the customer’s personal custody once it has left Active Mobility’s premises.

8. Returns

8.1 Items supplied in accordance with the buyer’s order can only be returned with the express approval of Active Mobility.

8.2 For hygiene reasons, Active Mobility Systems is not able to accept the return of some types of goods (lifting slings, any bathing or toileting type of products, cushions and others).

8.3 Request to return goods must be submitted in writing within 7 days from the date of shipping and original invoice number must be quoted.

8.4 Where goods are accepted (for credit or refund) they must be delivered at the buyer’s expense into our warehouse. All returned goods must be in brand-new condition, never used or never worn and properly packed in original packaging, unmarked and with original paperwork (instructions, manuals, warranty or others).

8.5 Returned products are buyer’s responsibility until they reach the seller’s warehouse. AMS will not be responsible for misdirected shipments or products lost or damaged in transit.

8.6 All incorrectly ordered goods (Size, material, colour and other) will be charged at restocking fee equal to 20% of the invoice total.

8.7 Any refund will be in the form of the original payment method used by the buyer.

8.8 Made to order items and customised products (such as cushions, slings, lift chairs, wheelchairs and others) are non-refundable and non-returnable.

9. Liability and Maintenance guarantee

9.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

9.2 To the maximum extent permitted by law, the seller’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller is limited to the price paid by the buyer for that product.

9.3 To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

9.4 In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such guarantees.

9.5 At the termination of the appropriate period (guarantee period) and to the extent permissible at law, all liability on the seller’s part ceases.

9.6 The guarantee does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

9.7 The seller’s liability under this contract and the guarantee in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.

10. Errors or omissions

10.1 The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s admi­nistrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission, discovered by the seller and give the buyer the option of returning the goods for a full refund.

11. Ownership and Risk

11.1 Ownership of all goods sold by the seller (“the goods”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

11.1.1 enable the goods to be readily identifiable as the property of the seller.

11.1.2 maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.

11.2 on a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

12. Personal Property Securities Act

Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:

12.1 these Terms constitute a security agreement for the purposes of the Personal Property Securities Act; and

12.2 a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).

The seller undertakes to:

12.3 sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

12.4 indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities * Register or releasing them of any charges

12.5 not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;

12.6 give the seller not less than 14 days’ prior written notice of any proposed change in the buyer’s name or any of the buyer’s contact details.

12.7 Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with the Personal Property Securities Act.

13. Risk

Once the buyer’s order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products

14. Description of Products

14.1 Modifications and improvements to the seller’s products, prices and data are constantly being made.

14.2 Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

14.3 The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.

14.4 If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

14.5 The buyer understands that items ordered online may require assembly.

15. Privacy

Any and all information collected, stored or processed by the seller that falls within the definition of ‘Personal Information’ set out in the Privacy Act 1988 will be collected, stored or processed in accordance with the seller’s Privacy Policy, available on its website.

16. Force Majeure

The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.

17. Compliance

The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

19. Disputes and Governing Law

These Terms (and any contracts to which these Terms apply) shall be governed by the laws of the state of New South Wales, Australia and the courts in that state shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms (and any contracts to which these Terms apply).