Xytide reserves the right to delete, modify or supplement the content of this website at any time for any reason without notification to anyone.
The website is owned and operated by Xytide. You may download material displayed on the website for non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this website including the text, images, audio and video for public or commercial purposes, without written permission from Xytide.
Products shown are available only through licensed medical practitioners. You should always check with your local physician should you have any questions.
Everything you see or read on this website is protected by copyright unless otherwise stated and may only be used according to Term of Use. Xytide does not warrant or represent how you use materials displayed on this website and will not infringe rights of third parties not owned by or affiliated with Xytide. Images are either the property of, or used with permission from Xytide. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Term of Use. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as non-confidential and non-proprietary. Anything you transmit may be compiled and used by Xytide or its affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Xytide is free to compile and use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
INFROMATION ON THE WEBSITE
We use reasonable efforts to include accurate and up-to-date information on the website. However, Xytide makes no warranties or representations as to the accuracy of the information. Xytide assumes no liability or responsibility for any errors or omissions in the contents of this website.
The information provided on this website is not a substitute for medical care. If you have, or suspect you have, a health problem, you should always consult with a licensed healthcare professional.
TRADEMARKS AND LOGO
The trademarks and logos, displayed on the website, are trademarks of Xytide. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of Xytide or such third party that may own the trademarks displayed on the website.
This website may link to other websites that are not under the control of Xytide. These links are offered for your convenience. Xytide is not responsible for the content of such websites and shall not be liable for any damages or injury arising from the content of any other website.
We welcome links to this website. You are free to establish a hypertext link to this website as long as the link does not state or imply any sponsorship or endorsement of your website by Xytide or any of its affiliates. Nor may you incorporate any intellectual property or copyrighted material of this website elsewhere.
If you have any questions about the Legal Aspects, the practices of this website, or your dealings with this website, please contact Xytide Aesthetics.
TERMS OF SALE
1.Agreement Between the Seller and Buyer
The Seller offers to sell the Products to the Buyer on the terms set out on this Delivery Docket. The Buyer will be deemed to have accepted the offer when the Buyer either accepts delivery of the Products or pays the Invoice, whichever first occurs, and upon such acceptance the resulting Contract will replace and supersede any prior agreement concerning the sale of the Products.
- Buyer’s Warranty
The Buyer warrants that (a) The Buyer is either a medical practitioner who is legally qualified to use the products or
an entity controlled by such a person; and (b) The Buyer will not supply the Products to any person other than a patient who is treated with the Products.
- Buyer’s Acknowledgments and Obligations
The Buyer acknowledges that (a) The Seller sells goods, not advice; (b) The Buyer is satisfied as to the suitability of the Products for their intended use; (c) The Buyer has had the opportunity of examining product information and instructions supplied by the manufacturer of the Products, including the material supplied by the Seller (which is supplied in good faith and in the belief that it is accurate) and the material available on the manufacturer’s website; and (d) The Buyer must strictly adhere to all the manufacturer’s instructions for use of the Products. Schedule 4 Filler Products cannot be returned at any time. All other Products may be returned for credit provided (a) Stock is fit for resale, not damaged in any way, including packaging and (b) Stock is not within 12 months of the expiry date
A handling fee of 20% will apply. Return freight is at Buyers expense
- Buyer’s Obligation to Obtain Patient’s Informed Consent (Where Applicable)
The Buyer must obtain from any patient who is treated with the Products the patient’s informed consent to such treatment.
- Buyer’s Record-Keeping Obligations
The Products are registered under the Therapeutic Goods Act and Regulations. Accordingly the Buyer
must (a) Keep records of the Buyer’s storage and use of the Products which are sufficient to satisfy the requirements of the authorities administering that legislation; (b) Keep sufficient records to enable each patient treated with the Products to be identified and located; and (c) Notify the Seller of the details of any event which indicates that the Products may not have performed as expected.
- Buyer’s Indemnity
The Buyer must indemnify the Seller and hold the Seller harmless from any losses, damages or amounts payable by the Seller arising from or in respect of any breach of this Contract by, or the negligence of, the Buyer, its servants, or agents who shall include (where the Buyer is an entity and not a medical practitioner who is legally qualified to practise plastic surgery) the person or persons in control of the Buyer.
Delivery times are not essential. Delivery may be made within a reasonable time after the nominated time.
- Price and Payment
It is an essential condition of this Contract that the Buyer pays for the Products in full within 30 days of the date of the Invoice.
- Retention of Title and Risk
Property in the Products remains vested in the Seller until payment of the price, notwithstanding delivery of the Products to the Buyer. The risk in the Products shall pass to the Buyer on delivery and the Buyer shall thereafter be responsible for any loss or damage to the Products.
- Exclusion of Liability
The Seller shall not under any circumstances be liable to the Buyer or responsible in any way (a) For any amount payable by the Buyer to the patients treated with the Products, whether by way of damages or otherwise; or (b) For any loss of income or loss of profits suffered by the Buyer;
regardless of whether or not such amounts become payable or losses a rise from a breach of this Contract by, or negligence attributable to, the Seller.
- Limitation of Liability
Any liability of the Seller to the Buyer, whether or not such liability arises from or involves negligence attributable to the Seller, for debt and/or damages, in respect of any claim arising out of or in connection with this contract, any dealings between the parties, or any relationship between the parties, other than liability which is excluded by this Contract, shall not in any event exceed the price of the Products, or $2,000, whichever is the greater.
(a) In this Contract, “the Products” means the goods identified on the front of this Delivery Docket. (b) This Contract shall be governed by the laws of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State to the exclusion of Courts of other States. (c) A reference in this Contract to a legislative provision includes a reference to any provision amending or replacing that provision. (d) Failure by the Seller to insist upon strict performance of any term of this Contract shall not be deemed a waiver thereof or of any rights, the Seller may have and no variation of this Contract shall be effective unless it is in writing.