Terms and Conditions

Conditions of Use

Diabetes WA and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Diabetes WA, you accept these conditions. Please read them carefully. In addition, when you use any current or future Diabetes WA service or visit or purchase from any business affiliated with Diabetes WA, whether or not included in the Diabetes WA Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit Diabetes WA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Diabetes WA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Diabetes WA and protected by international copyright laws. All software used on this site is the property of Diabetes WA or its software suppliers and protected by international copyright laws.

DIABETES WA PRODUCTS

All prices are subject to change and inclusive of GST where applicable.
Diabetes WA Members receive a discount of up to 20% on all products, so if you wish to receive further discounts please quote your Membership number or become a Member today.
Products are delivered within five to seven working days.

PRIVACY

Diabetes WA respects your right to privacy. Your personal information will only be used for the purposes of Diabetes WA and for the purpose it is provided. It will not be disclosed to any third party without your express consent.

NDSS

• A doctor's prescription is not necessary to purchase NDSS products.
• Diabetes WA regrets that it is not permitted to exchange NDSS goods incorrectly ordered by the registrant.
• Under the conditions of the Commonwealth Head Agreement, Diabetes WA cannot dispatch goods unless you have provided all the necessary information and made the required payment.
• Diabetes WA has an obligation not to supply amounts of product above the national levels of average use, without written authorisation. These levels are 900 strips and/or 1200 syringes/needles per 180 day period.
• Please note that some products have a use by date so, to avoid unnecessary wastage, take care not to over-order these items.
• When ordering online, by fax or over the phone all products will be sent to you by mail, free of any postage charges.
• Allow five working days for delivery (or 10-14 days in remote areas).
• All State and Territory Governments have agreed to fund the co-payments for needles and syringes available under the Australian Government's NDSS program. As a result of this initiative: disposable syringes and pen needles are now free to eligible NDSS registrants.
• All personal information is protected by the National Privacy Act 1988.

NDSS ELIGIBILITY

You MUST provide the following information for your order to be completed:

• Medicare Number or DVA File Number
• Registration Number
• Name, date of birth, contact details, address, delivery address details

NDSS CONCESSIONS

If you are applying for a concession you must also provide the relevant number. If you are the holder of any of these cards you are entitled to further subsidies:

• Health Care Card Health Care Card (unemployed, New Start Allowance, Low Income, Disability Allowances)
• Pension/Concession Pensioner Concession Card (Full Pension, Commonwealth Seniors' Health Card)
• Safety Net Card Safety Net Concession Card (CN prefix), Safety Net Entitlement Card (SN Prefix)
• Veterans' Affairs Card All colours DVA Card

Note: For holders of DVA cards, you may be entitled to some products at Pension Cardholders' rates. In some areas DVA has agreed to pay your contribution - please enquire 1300 136 588

NDSS - INSULIN PUMP CONSUMABLES (IPC)

You MUST provide the following information for your order to be completed:

• Medicare Number or DVA File Number
• NDSS Registrant Number
• Details of Person Utilising Insulin Pump Therapy: Name, date of birth, contact details, address, delivery address details

Access to subsidised insulin pump consumables is dependent on meeting the Commonwealth's criteria and completion/submission of the NDSS Assessment form - orders will not be accepted unless this condition is met.

Some products have a use by date so, to avoid unnecessary wastage, take care not to over-order these items.
The maximum number of product that can be supplied in any 180 day period is 90 cannulae/needles and 90 reservoir/cartridges - if you believe that you will exceed this limit, please contact the NDSS.

Please do not use the website if you do not agree to all of the following terms and conditions:

• Acknowledge that the information on this website is provided "as is" for general information only
• Diabetes WA makes no warranties of any kind regarding this website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed
• You agree to hold harmless Diabetes WA and its Directors and employees from all claims arising out of, or related to, your access or use of, or your inability to access or use, this website or the information contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights
• In no event will Diabetes WA or the contributors of information to this website be liable to you or anyone else for any decision made, or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages
• This website is not intended to be a replacement for medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Diabetes WA reserves the right to change these terms and conditions at any time

LICENSE AND SITE ACCESS

Diabetes WA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Diabetes WA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Diabetes WA. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Diabetes WA and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Diabetes WA's name or trademarks without the express written consent of Diabetes WA. Any unauthorised use terminates the permission or license granted by Diabetes WA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Diabetes WA so long as the link does not portray Diabetes WA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Diabetes WA logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Diabetes WA does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Diabetes WA only with involvement of a parent or guardian. Diabetes WA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Diabetes WA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Diabetes WA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Diabetes WA and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Diabetes WA or its affiliates for all claims resulting from content you supply. Diabetes WA has the right but not the obligation to monitor and edit or remove any activity or content. Diabetes WA takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Diabetes WA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Diabetes WA and its affiliates attempt to be as accurate as possible. However, Diabetes WA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Diabetes WA itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than Diabetes WA and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Diabetes WA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY DIABETES WA ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIABETES WA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIABETES WA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIABETES WA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DIABETES WA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIABETES WA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Diabetes WA, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Diabetes WA or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Diabetes WA or to products you purchase through Diabetes WA shall be submitted to confidential arbitration in Subiaco, Australia, except that, to the extent you have in any manner violated or threatened to violate Diabetes WA's intellectual property rights, Diabetes WA may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to Diabetes WA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.