Terms Of Service

About the Website

Welcome to www.infirmaryco.com.au (Website). The Website is an ecommerce platform for the sale of first-aid kits, first-aid supplies, medical supplies, and rescue and medical equipment to members of the public and small to medium businesses (Goods and Services).
The Website is operated by INFIRMARY CO PTY LTD (ACN 696 634 698, ABN 83 696 634 698) (we, us, our).

Access to and use of the Website, or any of its associated Goods or Services, is provided by INFIRMARY CO PTY LTD. Please read these terms and conditions carefully. By using, browsing or reading the Website, this signifies that you have read, understood and agree to be bound by these terms and conditions (Terms). If you do not agree with the Terms, you must cease use of the Website and any Services immediately.

We may update these Terms from time to time where reasonably necessary to reflect changes to our Goods, Services, Website functionality, applicable law, or business operations.

If we make a material change to these Terms, we will take reasonable steps to bring the change to your attention before it takes effect, such as by publishing the updated Terms on the Website and, where appropriate, providing notice by email or by a notice on the Website.
Any non-material updates take effect from the date they are published on the Website. Any material changes will take effect no earlier than 14 days after notice is given, unless an earlier change is required by law.

Before you continue, we recommend that you keep a copy of the Terms for your records.

The Website is hosted using the Wix ecommerce platform. They provide us with an on-line e-commerce platform that allows us to sell our products and services.

Acceptance of the Terms

You accept the Terms by remaining on the Website, make a purchase and/or create an account. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by INFIRMARY CO PTY LTD in the user interface.

SECTION 1 - GENERAL TERMS OF SUPPLY

These Terms apply to all Goods and Services supplied by us through the Website, unless we agree otherwise in writing.

All intellectual property rights in the Website, its content, branding, layout, text, graphics, product information and underlying systems remain owned by us or our licensors. Nothing in these Terms transfers any ownership rights to you unless we expressly say so in writing.

These Terms do not create any employment relationship, agency, partnership, fiduciary relationship or joint venture between you and us.

We may decline to provide Goods or Services, suspend access to the Website, or refuse services to users where reasonably necessary, including in cases of suspected fraud, unlawful conduct, safety concerns, stock shortages, or breach of these Terms.

You must not copy, reproduce, republish, sell, exploit or commercially use any part of the Website, Services or content without our prior written consent.

By using the Website, you acknowledge that information you submit other than payment card details may be transmitted across networks and adapted to technical requirements of connected systems. Payment details are handled through our third-party payment providers. We do not collect or store your payment details.

SECTION 2 - QUOTES AND ORDER FORMATION

If INFIRMARY CO PTY LTD provides you (Purchaser) a quote, it remains open for acceptance for the period stated in the quote. If no period is stated, the quote remains open for 30 days from its date, unless withdrawn earlier.

A quote is not a binding offer by us. It is an invitation for you to place an order.

A binding contract is formed only when we accept your order.

Infirmary Co Pty Ltd reserves the right to refuse any order based on quotation within seven (7) Business Days after the receipt of a Purchaser’s Order if there is any errors within the quote.

SECTION 3 - ONLINE ORDERS

Pricing for selected goods are provided on the website and for these goods, no quote is required. The Purchaser will have the option to purchase these good directly from the Website.

Before submitting an order through the Website, you may be asked to confirm that:

(a) you have read and accepted these Terms; and

(b) By submitting the order through the website, you have the authorisation and authority on the organisation’s behalf

All Website orders are subject to our acceptance.

Nothing in these Terms removes or limits any rights you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

To the extent permitted by law, we are not responsible for loss arising only because we acted on an order or instruction, we reasonably believed to be authorised.

Certain Goods may only be suitable for trained, qualified or otherwise authorised users. You (Purchaser) are responsible for making sure that anyone who uses those Goods has the appropriate training or qualifications and uses them in line with all instructions, warnings, laws and accepted safety procedures.

To the extent permitted by law, we are not responsible for loss caused by misuse, improper handling, unauthorised alteration, failure to follow instructions, or use by someone who is not properly trained or qualified, except where liability cannot lawfully be excluded.

SECTION 4 - PRICING AND SERVICE CHANGES

The price payable for Goods will be:

(a) if a quote has been issued, the price set out in the current quote;

(b) if there is no quote, the price displayed on the Website when the order is submitted, unless there is an obvious or material error; or

(c) if pricing by dispatch date applies and this has been clearly disclosed before purchase, the price is effective and current from the dispatch date.

All Website prices are listed in Australian dollars and include GST where stated.

The prices and services may be varied and are effective from the date of publication on our website. A change in price will not affect an order we have already accepted, unless the listed price contained an obvious error.

We may change, suspend or discontinue any part of the Website or any Service from time to time. Where reasonably practicable, we will give advance notice of a material change that affects accepted orders.

To the maximum extent permitted by law, we are not liable for loss arising from a change, suspension or discontinuation of the goods and services, except where we have accepted an order and then fail to supply it without lawful or legitimate reason.

SECTION 5 - GOODS INFORMATION AND AVAILABILITY

Some Goods or Services may only be available online and may be offered in limited quantities.

We try to ensure that product descriptions, images, specifications and other Website content are accurate. However, to the maximum extent permitted by law, we do not warrant or represent that all content will always be complete, current or free from error.

We will not be liability for the following circumstance;

a) We may restrict the sale of certain Goods to medical professionals, emergency responders, qualified first-aiders or other persons authorised to purchase or use those goods where this is required by law, product specifications, manufacturer requirements or safety considerations.

b) We may impose quantity limits on orders where reasonably necessary.

c) Descriptions, specifications and pricing may change before we accept an order.

d) We may withdraw or stop supplying a product at any time before accepting an order.

Nothing in this section limits any consumer guarantee, statutory right or other right that cannot be excluded by law.

SECTION 6 - PAYMENT, INVOICING AND ACCOUNT DETAILS

Orders made under a quote
If you place an order under an accepted quote, payment is due within 30 days from the invoice date unless the invoice states a different payment period.

We may require advance payment, payment with order, or evidence that you can pay for the Goods before accepting or fulfilling an order.

Interest of 10.5% per annum applies to overdue amounts that remain unpaid more than 30 days after the due date.

We may accept payment by credit card and may apply a surcharge where permitted by law.

Payment for Orders made through the Website

If you buy Goods directly through the Website, payment must be made using one of the payment methods offered at checkout.
Any additional payment processing fees or charges will be shown before you complete your order.

Unless we have agreed otherwise, Full payment must be received at the time of checkout before Goods are dispatched.

After payment is processed, we will send an order confirmation or receipt to the email address you provide.

We may refuse, limit or cancel an order before acceptance, or after acceptance where reasonably necessary, including but not limited to the following circumstances:

(a) the Goods are unavailable;

(b) there is an obvious pricing, listing or description error;

(d) supplying the order would breach any applicable law, regulation, permit condition, safety requirement, import rule or export rule; or

(e) we reasonably need further information to verify the order and you do not provide it within a reasonable time.

If we cancel an order after payment has been made, we will refund the amount paid for the cancelled part of the order, except where a deduction is permitted by law.

Where reasonably practicable, we will notify you using the contact information provided with your order.

You must provide accurate, current and complete billing, shipping and contact details and keep those details up to date.

For information about returns, please see our Returns Policy.

SECTION 7 - THIRD-PARTY CONTENT AND LINKS

The Website may include links to third-party websites that are not affiliated with INFIRMARY CO PTY LTD. We are not responsible for any products, information or content supplied by third parties.

You acknowledge that third-party websites and materials are not under our control. We do not endorse them merely because they appear on the website.

To the maximum extent permitted by law, we are not responsible for the content, accuracy, availability, products or services of third-party websites or providers.

Any transaction or dealing with a third party is between you and that third party. You should review their terms and policies before proceeding.

Questions, complaints or claims about third-party goods or services should be raised directly with the relevant third party.

SECTION 8 - USER SUBMISSIONS AND FEEDBACK

If you send us comments, suggestions, reviews, ideas, designs, proposals or other materials, whether requested by us or not, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, adapt, publish and
communicate that material for the operation, improvement, promotion or protection of our business, Website, Goods and Services.

We are not required to keep any submission confidential, pay for any submission, or respond to any submission.

We may remove any content from the Website if we reasonably consider it unlawful, misleading, offensive, defamatory, obscene, infringing, harmful, or otherwise in breach of these Terms.

You must ensure that your submissions do not infringe another person's rights, contain malicious code, or include false or misleading material.
You remain responsible for the content you submit and for its accuracy.

SECTION 9 - PRIVACY

We handle personal information in line with our Privacy Policy

SECTION 10 - WEBSITE ERRORS AND CORRECTIONS

From time to time, the Website or Services may contain typographical mistakes, inaccuracies or omissions relating to product descriptions, availability, freight charges, promotions, delivery timeframes or pricing.

We may correct those errors and update information on the Website. We may also cancel an order where the error was obvious or reasonably apparent, including after an order has been submitted.

We will reach out to you via email and we will:

A) Give you an opportunity to accept the correct freight charge, price of goods or delivery time frames

B) or offer you a refund inline with our Refund Policy.

Nothing in this section limits any rights you have under the Australian Consumer Law or any other law that cannot be excluded.

SECTION 11 - PROHIBITED CONDUCT

You must not use the Website or its content:

(a) for an unlawful purpose;

(b) to encourage or participate in unlawful conduct;

(d) to infringe our intellectual property rights or the rights of another person;

(e) to harass, abuse, threaten, defame, intimidate, discriminate against or otherwise mistreat another person;

(f) to submit false, deceptive or misleading information;

(g) to upload or transmit viruses, malware or other harmful code;

(h) to unlawfully collect or track the personal information of others;

(i) for obscene, offensive or improper purposes; or

(j) to interfere with the security, operation or functionality of the Website, related systems, third-party websites or networks.

SECTION 12 - DISCLAIMERS AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Website and any services provided through it are made available on an "as is" and "as available" basis.

We do not guarantee that the Website will always be available, uninterrupted, secure or free from errors, or that all information on the Website will always be accurate or current.

Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, including any consumer guarantee and any liability for personal injury or death caused by negligence where that liability cannot lawfully be excluded.

Where you are a business client and not requiring our good for personal or domestic use where the law permits us to limit liability for a failure to comply with a consumer guarantee, our liability is limited in the way allowed by section 64A of the Australian Consumer Law.

Subject to the paragraph above, and to the maximum extent permitted by law:

(a) we exclude liability for indirect, incidental, special or consequential loss, including loss of profits, revenue, opportunity, savings or data; and

(b) our total liability arising out of or in connection with the Website, any order, any Goods, any Services, or these Terms is limited to the greater of:

(i) the amount you paid for the relevant Goods or Services that gave rise to the claim; and

(ii) if the claim relates to Goods, the cost of repairing, replacing or re-supplying those Goods or supplying equivalent Goods.

This limitation does not apply to liability arising from our fraud, wilful misconduct, or any liability that cannot lawfully be excluded or limited.
You acknowledge that medical and first-aid products must be used strictly in accordance with manufacturer instructions, warnings, intended purpose and applicable law.

To the maximum extent permitted by law, we are not responsible for loss caused by misuse, improper storage, unauthorised modification, failure to follow instructions, or use by a person who is not appropriately trained or qualified, except where liability cannot lawfully be excluded.

SECTION 13 - SEVERABILITY

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be severed to the minimum extent necessary and the remainder of the Terms will continue to operate.

SECTION 14 - TERMINATION

You may stop using the Website and Services at any time.

We may suspend or terminate your access to the Website or Services immediately if we reasonably believe that:

(a) you have materially breached these Terms;

(b) your use of the Website is unlawful, fraudulent, or gives rise to a genuine safety or security risk; or

Where reasonably practicable, we will give you notice of the suspension or termination and the reason for it.

Termination does not affect rights or liabilities that arose before termination.

If we have already accepted an order before termination, that order will continue to be governed by these Terms unless it is lawfully cancelled.

SECTION 15 - ENTIRE AGREEMENT
These Terms, together with any policies or rules published on the Website, form the entire agreement between you and us in relation to your use of the Website and Services.

Any failure by us to exercise a right under these Terms does not amount to a waiver of that right.

Any ambiguity in these Terms is not to be interpreted against a party only because that party drafted the document.

SECTION 16 - GOVERNING LAW

These Terms are governed by the laws of Western Australia, Australia.

You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts hearing appeals from those courts.

SECTION 17 - CHANGES TO THESE TERMS

You can review the current version of these Terms on this page.

Any update to these Terms will be made in accordance with the process described in the "About the Website" section.

Your continued use of the Website after an update takes effect will be taken as acceptance of the updated Terms, except to the extent that the update is unenforceable under applicable law.

SECTION 18 - PRICING, SHIPPING AND REGULATED GOODS

All prices on the Website are stated in Australian dollars and include GST where applicable.

Some medical devices and supplies may be subject to additional purchase, import, export, handling or use restrictions depending on your location.
You are responsible for ensuring that your purchase, import, possession, use and resale of Goods complies with all applicable laws and regulations in your jurisdiction.

We may request licences, permits, registrations, qualifications, business details or other information reasonably needed to verify your eligibility to buy, import, export or use certain Goods.

To the extent permitted by law, we are not liable for delays, seizures, non-delivery or added costs caused by customs, border agencies or law enforcement where the issue is outside our reasonable control and not caused by our breach of law, misleading conduct, or failure to provide accurate shipping or export documentation.

Nothing in this section excludes any right or remedy you may have under the Australian Consumer Law or any other law that cannot be excluded.

SECTION 19 - TRAINING AND SAFE USE

Some Goods sold by us may only be suitable for use by people with appropriate training, qualifications, licences, authorisations or practical experience.

You are responsible for ensuring that Goods are used, stored and maintained only by appropriately trained persons and in accordance with manufacturer instructions, warnings, accepted safety procedures and applicable law.

Nothing in this section excludes any liability that cannot lawfully be excluded.

SECTION 20 - CONTACT DETAILS
If you have questions about these Terms, please contact us via our contacts page or by email at info@infirmaryco.com.au.

Last updated 22/04/25