PARTIES TO THIS AGREEMENT
MEDUSA AUSTRALIA Pty Ltd
ACN: 126 818 504
All references to “us”, “Medusa Australia” or “Medusa” will be taken to be Medusa Australia Pty Ltd.
All references to “you”, “the user”, “user”, “service user”, “your”, “client”, “customer” “the buyer”, are interchangeable and where the Service is used by an entity other than a natural person such as a Company or other incorporated entity, regardless of jurisdiction of incorporation, such entity will be referred to by these terms also.
PLEASE NOTE: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MEDUSA. YOU SHOULD READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO USE THE SERVICES OFFERED BY MEDUSA.
BY CLICKING ON THE “PAY NOW” BUTTON YOU, THE USER, AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.
FURTHER, YOU AGREE TO THE JURISDICTION OF THE ELECTRONIC TRANSACTIONS ACT 2000 (NSW).
1. The Medusa Online Payment Facility
1.1. The Medusa website provides access to an online payment gateway, which includes Paypal and Credit Card purchase options for the use of private and business clients wishing to purchase products from Medusa.
1.2. You must obtain access to the Internet in order to use the online payment facility. Although, for buyers who are Australian Residents, payments may also be made via one of the following options:
i) Australia Post, Postal Money Order;
ii) Personal Cheque; or
iii) Direct Bank Deposit.
1.3. Upon receipt of your credit card payment you will receive a timely written confirmation of your order by email acknowledging receipt of your payment. Medusa does not accept any responsibility for such receipt.
1.4. Medusa shall retain the right to change the terms of this Agreement from time to time and will notify all current clients by email only. Any such changes will become immediately effective upon uploading to
1.5. Medusa hereby retains the right to add to, vary, cancel or amend in any way the conditions of use or the terms of this Agreement immediately, without prior written notice, only if such changes are necessary in order to prevent harm to Medusa’s network, security or other persons or property, or to protect users’ data.
1.6. All payments, whether made by way of the Medusa Online Payment Facility or otherwise will be calculated in Australian Dollars.
2. Transaction Currency
2.1. All payments, whether made by way of the Medusa Online Payment Facility or otherwise will be calculated in Australian Dollars.
2.2. In the event that a customer from another country would like to make a transaction in another currency the must make a written request to Medusa via [email protected]
3. Fees and Charges
3.1. The user will be liable to pay all fees and charges incurred in the purchase of merchandise from the Medusa Online Payment Facility. Such fees and charges include, but are not limited to, postage and handling costs and the Commonwealth of Australia Goods and Services Tax.
3.2. Such fees and charges will be assessed at the rates effective during the billing period in which such fees and charges are incurred.
4. Refunds and Payment Disputes
4.1.1. Medusa will offer NO REFUND under any circumstances on any used item. A used item will also include an item which has been removed from the packaging regardless of whether or not the product was used.
4.1.2. Where a product has not been used Medusa will offer a full refund, however the customer will bear any additional postage costs. Returns must be received with 1 month of the initial purchase.
4.2.1. Where the customer wishes to exchange a product for whatever reason, for example, incorrect size or colour, and the item is not used, Medusa will exchange the goods as requested, however the customer will bear all additional postage costs. Returns must be received within 1 month of the initial purchase.
4.2.2. Any exchange made may only be made once. Further exchanges will be subject to a service fee of A$20.
4.3. Postage Policy
4.3.2. Following receipt of cleared payment in Medusa’s nominated account, Medusa will post the customer’s merchandise within two (2) working days.
4.3.3. Medusa will not be responsible for any customs, excise, import duty or other related fees or charges. Such fees or charges will be the sole responsibility of the customer. In the event that there any export restrictions to any country Medusa will offer the customer a full refund of their purchase price. A current list of any such restrictions may be found at the Australian Government Department of Foreign Affairs and Trade website http://www.dfat.gov.au/
4.3.4. Medusa estimates that all Australian domestic merchandise will be received by the customer within three (3) to six (6) business days of the merchandise being posted. This timeframe will depend upon whether the customer chooses to have the merchandise delivered by ‘Express Post’, ‘Registered Mail’ or by ordinary mail.
4.3.5. Medusa estimates that all International merchandise will be received by the customer within three (3) weeks of the merchandise being posted. Medusa uses Australia Post standard Air Mail service. Please note, that insurance may not be available for all countries, further information may be obtained from Australia Post.
4.3.6. At the client’s request, Medusa may use a mutually agreed express courier service. If the customer wishes to use a courier service they must contact Medusa by email at [email protected]
otherwise all orders will be posted as set out in 3.4 and 3.5 above.
4.3.7. Where a customer makes a purchase and the merchandise is unavailable, for any reason, Medusa will notify the customer within two (2) working days of the order being placed and arrange either: exchange merchandise of equal value; or, advise the customer of the estimated time of arrival of the merchandise purchased. In the event that there is an undue delay or a suitable exchange item is not available Medusa will refund the purchase price.
NB: A business day is any day which is not either a weekend or a gazetted New South Wales public or bank holiday.
4.4. General Policy
4.4.1. It is the customer’s responsibility to ensure that all contact details are correct and that you use accurate spelling.
4.4.2. Medusa does not warrant by acceptance of your information that it is correct, this responsibility rests with the user.
4.4.3. In the event that the customer believes that a payment was made either mistakenly or improperly, Medusa may, at its discretion, void, rescind or issue a credit for your merchandise payment.
5. Privacy and Freedom of Information
5.1. All personal information held by Medusa either in data bases or otherwise is held in a strictly confidential manner and is subject to the Commonwealth of Australia Privacy Act 1988.
5.2. All such personal information will be available to the user in accordance with the Commonwealth Freedom of Information Act 1982.
5.3. Medusa reserves the right to charge a reasonable service fee for the provision of all such personal information.
6. Content and Data Ownership
6.1. The user understands that Medusa neither controls nor is responsible for any third party content made available through its Service.
6.2. Medusa neither pre-screens nor approves third party content.
6.3. Under no circumstances will Medusa be liable in any way for any loss or damage of any kind incurred by the user or anyone else as a result of the use of any third party content made available through the Service.
6.4. You will, at all times, be the owner of any data personally entered, however, you acknowledge that Medusa will collect and use certain information related to website usage; and, that such information may be collected without notice or payment or benefit to the user.
6.5. Such information may include the volume and value of payments made, the duration of your stay and your country of origin.
6.6. The user agrees that Medusa is authorised to reproduce and make such information available as Medusa requires, provided that customers will not be identified personally.
6.7. You, the user bear the responsibility of checking and maintaining the accuracy of all of the data you enter.
7. Medusa Intellectual Property
7.1. As between you and Medusa , Medusa is the sole owner of the Service, its databases and all trade marks, Copyrights and other proprietary rights of any kind whatsoever related to the Service (collectively, “Medusa Intellectual Property”).
7.2. By merely accessing/using the Service you obtain no ownership rights in Medusa Intellectual Property. Rather, you have a limited licence to use the Service as set forth in this Agreement as long as you are in compliance with the terms as set out herein.
7.3. All rights regarding use of any Medusa Intellectual Property not granted to you in this Agreement are expressly reserved by Medusa .
8. Linked Websites
8.1. The Service may provide links to other websites and resources. Medusa has no control over these websites or resources.
8.2. Medusa expressly states that it is not responsible for the availability of or Content contained on any external websites or resources.
8.3. Medusa does not endorse nor is it responsible or liable for any content, advertising, products, or other materials on or available from or through such websites or resources.
8.4. Medusa does not make any representation or warranty as to the accuracy, reliability, completeness, authenticity or safety of the information contained in or on any linked website.
8.5. Medusa will not be liable for any loss or damage caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
8.6. The user acknowledges that external websites may have their own privacy policies, and terms and conditions, which will set out your rights and obligations regarding those websites, accordingly your activities on any other website are undertaken at your own risk.
9. Promotions and Advertisements
9.1. Medusa may, from time to time, run promotions and advertisements on its website and or third party websites.
9.2. Any business dealings or correspondence with, including participation in promotions of, advertisers either found directly on or linked to through the Service, including the subsequent delivery and payment of related goods or services, including any other representations, terms, conditions or warranties regarding any such dealings, are solely between you and the relevant advertiser.
9.3. You, the user hereby agrees that Medusa is not responsible or liable for any damage or loss of any sort sustained as the result of any such dealings or as the result of the existence of such advertisers made available through the Service or as a result of a link to the Service.
10. Fair Trading Policy
10.1 The user understands that all communications and advertisements between Medusa and its customers made under this agreement will comply with the New South Wales Fair Trading Act 1987.
11.1. The user, hereby agrees not to use the Service to: (i) upload, post or otherwise transmit any Content that is in any way tortious or unlawful including Content that may be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) cause harm to minors in any way; (iii) impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation and or association with any other person or entity including a corporation; (iv) post, upload or otherwise transmit any Content that you do not have a right to transmit under any law of the state, the Commonwealth or international law; or under fiduciary or contractual relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or a nondisclosure agreement); (v) post, upload or otherwise transmit any Content that infringes any intellectual property including a patent, trademark, trade secret, Copyright or other proprietary rights of any party; (vi) post, upload or otherwise transmit any material that contains software viruses or any other computer code (either malicious or non-malicious), files or programs designed to interrupt, limit or destroy the functionality of any computer hardware or software including telecommunications equipment; (vii) disrupt or interfere with the Service, including its servers and or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (viii) intentionally or unintentionally violate any applicable state, Commonwealth or international law; (ix) intimidate, stalk or otherwise harass any other person; (x) store or collect personal data about other users, Medusa or the Service; (xi) promote or incite others to promote or provide instructional information about illegal activities to any other person or persons; (xii) promote or incite others to promote any physical harm or injury against any group or individual; (xiii) promote or incite others to promote any act of cruelty to animals to any other person or persons.
12. Anti-Spam Policy
12.1. You, the user, understands and agrees that Medusa may, from time to time, send you email advertisements regarding its products and promotions, however, such emails will provide for your option to request to ‘unsubscribe’ to future promotional emails as provided for under the Commonwealth of Australia Spam Act 2003 (Cth).
13. Modification of Service
13.1. Medusa reserves the right, with or without notice, from time to time or at any time to discontinue or modify the Service or any part thereof.
13.2. The user, hereby agrees that Medusa shall not be liable either to you or to any third party for any such modification, suspension or discontinuance of the Service.
14.1 The user, agrees to indemnify, defend and hold Medusa, its officers, subsidiaries, affiliates, agents, employees or other partners, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service.
15. General Disclaimer of Warranties
15.1. The user agrees and hereby expressly acknowledges that your use of the Service and or any Medusa product is provided “as available” and “as is” without any warranties or conditions whatsoever, express or implied other than those provided for in this agreement.
15.2. Medusa does not warrant or represent that the Service, its documentation or network is free of errors; and, that any such errors whatsoever that may be identified will be corrected; however, as a matter of policy Medusa will make efforts. at its convenience. to rectify any such errors once identified within a reasonable time.
15.3. Medusa does not guarantee, warrant or make any representation whatsoever regarding the uptime, connectivity, speed or general availability of its website or network, or that the Service will in any way meet your requirements or expectations.
15.4. Specifically, Medusa does not guarantee, warrant or make any representation with respect to the compatibility, quality or continuity of any third party internet service provider’s, telecommunication networks, information systems, networks or intranets; including, the operability, reliability or functionality of Medusa’s or any associated third party’s systems.
SSL – Secure Sockets Layer, is the leading security protocol on the Internet. It is widely used and does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. You will note a lock icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection.
15.6. The user understands that if, for any reason, there is a failure or breach of the security of the Service or Medusa’s network, or as a result of errors in the Service or Medusa’s network you release Medusa from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or Medusa’s network.
15.7. Medusa gives no warranty either expressly or impliedly, whether by statute, under common law, trade usage, course of dealing, custom or otherwise; including, without limitation, any warranty of merchantability, quality or fitness for purpose. All conditions, warranties and representations, regarding Medusa’s Service are intended to be excluded to the fullest extent permitted by law.
16. Disclaimer of Liability
16.1. The user is solely responsible for the use and or accuracy of your data.
16.2 Medusa shall not, under any circumstances whatsoever, have or bear any liability of any kind or nature whatsoever for the use and or accuracy of your data; including the use of your data by any person or entity you may have granted access to either intentionally or inadvertently; or for the use of your data by any person or entity who may have gained access to your data through an error in the Service, a failure or breach of security of the Service or Medusa’s network.
16.3. Under no circumstance whatsoever shall Medusa have or bear any liability or responsibility for the failure of any other entity or institution to maintain the accuracy or integrity of their respective data files including, but not limited to, those data files which contain any template, form or other content which any other entity or institution may provide access to you through the Service.
16.4. In the event that the user suspects that there is an error or defect in the Service, the user must immediately inform Medusa.
16.5. Medusa shall have no liability for any third party links added to the Service. Your use of third party links is at your sole risk and discretion.
17. Limitation of Liability
17.1. Under no circumstances including, but not limited to, negligence, will Medusa, its owners, executives, agents, employees or affiliates be liable to you or any third party for any loss whether actual, nominal, notional or any other form of loss, including a loss of chance which may result in damages, of any kind, including but not limited to indirect, incidental, special, consequential, punitive or exemplary damages, which arises out of the use and or inability to use the Service or resulting from any breach of security, Service failure, interruptions, mistakes, omissions, deletions or loss of data or files, defects, errors, delays in performance or operation of the Service, regardless of the cause, including but not limited to, acts of god, theft, destruction, communication failure or unauthorised access to Medusa’s network, Services or programs, or for any claim by any other party, such limitation will remain effective even in the event that the Medusa has been made aware of the possibility of such damages.
17.2. To the extent that Medusa’s liability under this agreement cannot be limited or excluded by statute or under common law, said liability shall be limited to the replacement of any deficient merchandise or the correction of any deficiency therein at the sole discretion of the Medusa.
18.1. Medusa shall have no obligation to provide any support to the Service, to create any upgrade or correct any defects.
19.1. All of the Content included on this website is the intellectual property of
Medusa and its content suppliers, unless otherwise accredited, and is therefore protected under the Commonwealth of Australia Copyright Act 1968;
and, under both customary and treaty international Copyright laws. The compilation of all Content on this website including the website layout, design and concept is the exclusive property of Medusa and its content suppliers, and is also protected under the Commonwealth of Australia Copyright Act 1968;
and, under both customary and treaty international Copyright laws. All of the software used on this site is the property of Medusa and/or its software suppliers and is also protected under the Commonwealth of Australia Copyright Act 1968;
and, under both customary and treaty international Copyright laws.
19.2. Procedure for providing notice regarding claims of Copyright infringement.
In the event that you believe that any of your work has been copied or reproduced in a way that comprises a Copyright infringement, as provided for pursuant to the Commonwealth of Australia Copyright Act 1968; and/or, under either customary or treaty international Copyright law, please do not hesitate to provide to Medusa’s Copyright agent the following information:
(i) A description of the claimed Copyrighted work that has been infringed.
(ii) A sufficiently detailed description of the location upon Medusa’s website where the material you claim is infringing is located.
(iii) A statement made by you stating that you have a belief based in good-faith that the disputed use is not authorised by the Copyright owner or its agent; that all of the information in your notice of Copyright infringement is accurate; that such statement is made under the penalty of perjury; and, that you are either the Copyright owner or authorised to act on the Copyright owner’s behalf.
(iv) The statement must include a physical street address, telephone number and a valid email address.
(v) The statement must also have either an electronic or an actual physical signature of the person filing the notice.
Notices should be forwarded to:
Lawsearch Australia Pty Ltd
5A/14 Middleton Street,
Byron Bay, NSW, 2481.
20. Trade Mark Information
20.1. Medusa’s trade marks and service marks including but not limited to its word marks, logos and composite marks are the exclusive intellectual property of Medusa. Such “marks” are subject to the protection of the laws of Australia and, both customary and treaty-based international trade mark law.
20.2. Medusa will enforce its rights over its trade marks. However, Medusa may license use of its marks for valuable consideration at its discretion.
21. General Provisions, Term and Termination
21.1. The provisions contained on this website enabling you the user to use the Service is an invitation to treat and not a unilateral offer, acceptance is, therefore not intended to be dispensed with. This Agreement shall be in effect the moment Medusa accepts your offer to enter into it. Such acceptance is deemed to have occurred by you clicking on the ‘PAY NOW’ button. This Agreement shall continue in effect and full force for as long as you remain in compliance with ‘terms and conditions of use’ of the Service unless terminated for any reason under the terms of this Agreement.
21.2. This Agreement shall constitute the ‘entire agreement’ between the user and Medusa.
21.3. No provision of this Agreement may be waived, modified or terminated unless provided in writing and signed by both parties to this Agreement or pursuant to Medusa posting updated terms as described herein.
21.4 The user shall not assign any of their rights or obligations under this Agreement without obtaining the prior written consent of Medusa.
21.5 Medusa reserves the right to assign or transfer all or any portion of this Agreement to another party. However, Medusa warrants that any assignee or transferee will agree to be bound by the terms and conditions as set out in this Agreement as a condition precedent to any such assignment or transfer.
21.6 This Agreement shall be governed and interpreted by the laws of the State of New South Wales, Australia.
21.7. Having regard to the foregoing, the user acknowledges that Medusa may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its Copyrights, trade marks and other intellectual property and you hereby agree to submit personally to the jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
21.8. Medusa shall not be responsible or in any way liable for any damages caused to you by reason of a Force Majeure (an unexpected or uncontrollable event), including but not limited to, war, terrorism, a government action, riot, labour or union dispute or strike, fire, flood, storm, natural catastrophe, accident, theft or a shortage of energy supplies, a disruption in internet connectivity or any other cause that is beyond the reasonable control of Medusa.
21.9. If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that part may be severed from the Agreement. However, the remainder of this Agreement shall be interpreted so as to reasonably give effect to the intention of the parties.
21.10. Any failure by either party to this Agreement to exercise, nor delay in exercising, any right or remedy, provided for herein or otherwise, shall operate as a waiver thereof.
21.11 The individual clauses provided for under each heading in this Agreement shall survive the expiration or termination of this agreement as a whole for any reason whatsoever.
20.12. This Agreement and any other relevant agreements, notices or communications provided to you by Medusa and its suppliers regarding use of the Service by you, may be provided to you electronically and you agree that such communications may be in electronic form in accordance with the State of New South Wales Electronic Transactions Act 2000. Electronic communications may be delivered to any email address you provide for such purpose; additionally, such communications may be posted on Medusa’s website. Medusa retains the right to print and retain hard copies of such communications, and accordingly, Medusa strongly recommends that you print and retain hard copies of any such communications including this Agreement.