Terms and Conditions

The following provisions govern your use of https://www.novacorr.com.au (the “Novacorr Website”) and all other services made available to you through the Novacorr Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NOVACORR WEBSITE.

By using the Novacorr Website, you agree to be bound by these Terms and Conditions, which constitute a contract between you and Novacorr. Novacorr reserves the right to revise and update these Terms and Conditions at any time. By your continued use of the Novacorr Website, you agree to be bound by any revised Terms and Conditions. DO NOT USE THE NOVACORR WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

The laws of the State of New South Wales govern these Terms and Conditions, Australia as may be in force from time to time. By using the Novacorr Website, you consent to resolve in the State of New South Wales, Australia, any dispute that you may have with Novacorr, its suppliers or any other legal entity appearing in the Novacorr Website.

About This Website

We strive to provide valuable and accurate health information. The editors of the material contained in the Novacorr Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of publication. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Novacorr Website, Novacorr, nor any other party involved in the preparation of information contained in the Novacorr Website or in our e-newsletters represents or warrants that the information is accurate or complete, and accept no responsibility for any errors or omissions in that information, or for the results obtained from the use of such information.

You should carefully review the information contained in the Novacorr Website with your medical or health care professional before adopting any of the information or drawing inferences about your health from it. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Novacorr Website is intended as diagnosis or treatment. Always consult your medical or health care professional if you have any concern about your health.
The Novacorr Website may contain links to websites operated by third parties. The linked websites are not under the control of Novacorr. Novacorr is not responsible for the contents of any linked website, any link contained in a linked website or any changes or updates to such websites.

User Submissions

It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories, including all advertisements and creative designs, are either your own works or works, which you are using with the permission of the owner. By submitting information (including advertisements and designs) to any part of the Novacorr Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Novacorr Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or therapist/client confidentiality. You warrant that any and all information submitted by you and posted on the Novacorr Web Site, including in any directories, is true, complete and correct.

Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Novacorr Web Site are subject to review, modification and deletion without notice by the Community Manager. You should be aware that personally third parties may use identifiable information you choose to disclose on the Novacorr Web Site and such use is beyond our control.

You must not post any information which (i) is libelous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan or other code which is contaminating or destructive to the files, data or programs of the Novacorr Web Site or any of our users.

We may deny you access to all or part of the Novacorr Web Site and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.

Copyright and Trademarks

The Novacorr Website and its contents are subject to copyright under the laws of Australia. The Novacorr Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Novacorr Website and/or our e-newsletters without the express prior written consent of Novacorr or the relevant copyright owner. You may not use any of the information on the Novacorr

Website for commercial purposes or to establish, operate or maintain your own product or service offering.

General Disclaimer

The Novacorr Website is provided on an ‘as is, with all faults and as available’ basis and to the maximum extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. Novacorr makes no representation or warranty that any content of the Novacorr Website is accurate, complete, appropriate, reliable or timely.Novacorr also makes no representation or warranty that your access to and use of the Novacorr Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. Novacorr reserves the right to discontinue operating the Novacorr Website at any time without notice

Use of the Novacorr Website

Your use of the Novacorr Website is at your own risk. You are responsible for taking all necessary precautions to protect yourself against any claim, damage, loss or hazard that may arise by virtue of your use of the Novacorr Website. You must not use any means of automatically searching or mining data from the Novacorr Website or in any way interfere or attempt to interfere with the proper operation of the Novacorr Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Novacorr Website, our systems or data or those of any third party via the Novacorr Website.

Registration

To register for the Novacorr Website, and to find out about the benefits of registration, please go to “Register Now”. Your service account will then be activated and you will be issued a password, which will be sent to you by email.

You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with a URL beginning with https://www.novacorr.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately. You are solely responsible for any and all use of your service account.

You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. These Terms and Conditions will remain in force, as applicable, once your service account has been closed. 

Indemnification

You agree to indemnify, defend and hold harmless Novacorr and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Novacorr Website using your service account.

Waiver, Release and Limitation of Liability

Novacorr’s liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to, in the case of services, will be to the re-supply of the relevant services or the payment of the value of the re-supply of the relevant services, and in the case of products, to the re-supply of the relevant products or the payment of the value of the products supplied.

Miscellaneous, Feedback and Complaints

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Novacorr.

Novacorr’s relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.

Novacorr will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with Novacorr should be via the “Contact Us” facility on the Novacorr Website. Any formal notices or communications should be sent to the address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by post will be deemed to have been received 3 days after the date of sending (7 days if sent to or from outside Australia).

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the maximum extent possible, to render the clause or provision enforceable. If no reasonable interpretation would have that effect on such a clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

If you have any feedback or a complaint about the Novacorr Website, including about any products or services offered in or through it, please contact us by any of the following means during business hours Monday to Friday.

 Shipping Policy

We deliver our products using Freight forwarder or Novacorr Direct. Shipping costs are defined by your location and will be added to the order total before checkout.

Returns Policy

These products are healthcare goods and are either custom made or ordered as per clients request through agreement to produce a invoice and are therefore not subject to cancellation, return or exchange. Warranty items will be repaired and replaced as per warranty terms and conditions – please see below.

WARRANTY TERMS AND CONDITIONS

It is highly recommended that all products are serviced bi-annually for general wear and tear and maintenance upkeep. If there has been no service or maintenance on a product that has failed due to the lack of maintenance the Warranty will be void. It is the client’s responsibility to arrange any services or maintenance on a product by Novacorr or an approved provider. Prices will vary, please contact the office for quotations.

Below is the Warranty Terms and Conditions for Adjustable Health Bed, Hilo Health Bed, One Motor Tilt ‘n’ Lift Chair, Two Motor Tilt ‘n’ Lift Chair and Novacorr Manufactured Mattresses.

This includes:

• Structural frame for a period of 5 (five) years from the date of completion by NOVACORR PTY LTD.
• Motors and mechanics for a period of 5 (five) years from the date of completion by NOVACORR PTY LTD.
• Inner mattresses for a period of 5 (five) years from the date of completion by NOVACORR PTY LTD.
• Fabrics for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Foams for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Hand Controls for a period of 1 (one) year from the date of completion by NOVACORR PTY LTD. T & C’s Apply.

This does not include:

• General wear and tear.
• Pulls, tears, stains in fabrics, coverings or damasking.
  Any items that have been altered or changed by persons or companies other than employees of Novacorr Pty Ltd.
• Water damage.
• Fire damage.
• Using the product over the Safe Working Load (SWL)*.
• If products are known to have been in contact with any faecal matter, urine and other bodily fluids capable of carrying infection and does not have waterproof cleanable materials then this product becomes an un repairable item due to infection control regulations.

Novacorr Pty Ltd will repair or replace any defective work performed by Novacorr staff or representatives, listed in the included items (but does not include items listed in not included items) at no additional charge to the product owner. It is the client’s responsibility to pay for all call out fee’s and labour charges for any warranty repairs, general repairs or services. The call out fee’s and labour charges are at the discretion of Novacorr Healthcare or the approved repairer.

If possible, any Warranty Claim will be repaired at client’s place of residence.
If repairs under the terms of Novacorr Pty Ltd cannot be made at the client’s place of residence a delivery and collection charge will be charged and paid in full by the customer.

Below are the Warranty Terms and Conditions for Huntington’s Equipment and Bariatric Equipment.

This includes:

• Structural frame for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Motors and mechanics for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Inner mattresses for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Fabrics for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Foams for a period of 2 (two) years from the date of completion by NOVACORR PTY LTD.
• Hand controls for a period of 1 (one) years from the date of completion by NOVACORR PTY LTD. T & C’s Apply.

This does not include:

• General wear and tear.
• Pulls, tears, stains in fabrics, coverings or damasking.
  Any items that have been altered or changed by persons or companies other than employees of Novacorr Pty Ltd.
• Water damage.
• Fire damage.
• Using the product over the Safe Working Load (SWL)*.
• If products are known to have been in contact with any faecal matter, urine and other bodily fluids capable of carrying infection and does not have waterproof cleanable materials then this product becomes an un repairable item due to infection control regulations.

Novacorr Pty Ltd will repair or replace any defective work performed by Novacorr staff or representatives, listed in the included items (but does not include items listed in not included items) at no additional charge to the product owner. It is the client’s responsibility to pay for all call out fee’s and labour charges for any warranty repairs, general repairs or services. The call out fee’s and labour charges are at the discretion of Novacorr Healthcare or the approved repairer.

If possible, any Warranty claim will be repaired at client’s place of residence.
If repairs under the terms of Novacorr Pty Ltd cannot be made at the client’s place of residence a delivery and collection charge will be charged and paid in full by the customer.

Safe working load (SWL)

*The Safe Working Load MUST NOT be taken as the maximum user weight. Manufacturers quote a Safe Working Load for their beds, chairs or mattresses. When a bed or chair is tested, a static load is evenly distributed over the whole surface of the bed, chair or mattress. When a bed, chair or mattress is in use the load is rarely static or evenly distributed. Should a visitor or another individual sit down heavily on one side of the bed, chair, or mattress, then the shock load at that point will be extreme, causing the load to be uneven and the total combined weight may exceed the Safe Working Load. The SWL must take account not only of the weight of the user, but also the weight of the mattress, bed linen & any other items loaded on to the bed, E.g., air pump for air-driven mattress. You should also take account of any likely weight gain by the user in the future. Typically, a mattress could weigh 20kg; an air-driven system could weigh as much as 30kg; a couple of pillows 3kg; bed linen around 12kg – the total of such items, together with anything else placed on the bed PLUS the weight of the user must NEVER exceed the Safe Working Load. 

The above weights are just a guide, weights may vary.

Payment

All payment of invoice MUST be paid on or before delivery date. If unpaid by this time please see the below late payment fees.

Credit Card fees

Please note that all credit card payments incur a 2% fee on top of your invoice.

Late Payment Fee

Please note all payments made after the invoice due date will incur a 3% late payment fee of the owing amount on top of your invoice. This is will be added to your invoice and your invoice will be reissued.
late payment fees will occur every 30 days after the invoice due date if unpaid.

caNCELLATION fEE AND RESTOCKING FEE

Cancellation fee’s and Restocking fee’s of 20% may apply.