TERMS OF SERVICE

Overview

This website is operated by TensCare Australia (“TensCare”, “we”, “us” or “our”). Throughout the site, the terms “we”, “us” and “our” refer to TensCare Australia.

TensCare provides this website, including all information, tools, products and services available through this site, subject to your acceptance of these Terms of Service (“Terms”), together with any other policies and notices referred to on this website.

By visiting our website and/or purchasing products from us, you agree to be bound by these Terms. These Terms apply to all users of the website, including browsers and customers.

Please read these Terms carefully before accessing or using our website. If you do not agree with these Terms, you should not use the website or purchase products through it.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law (ACL).

1. Online Store Terms

By using this website, you confirm that you are legally capable of entering into a binding agreement or that you are using the website with the permission and supervision required by applicable law.

You must not use our products, website or services for any unlawful or unauthorised purpose, nor may you violate any applicable laws or regulations in your use of the website.

You must not transmit viruses, malicious code or other material designed to interfere with the operation or security of the website.

We may suspend or terminate access to our services where these Terms are materially breached.

2. General Conditions

We reserve the right to refuse or cancel an order where reasonably necessary, including where we suspect fraud, unauthorised activity, pricing or product information errors, or where a product is unavailable.

Nothing in this section affects any rights you may have under the Australian Consumer Law.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of this website or our services without our prior written permission, except where permitted by law.

3. Website Information

We make reasonable efforts to ensure that information on this website is accurate, complete and current.

However, information may occasionally contain errors or omissions, and product information may change from time to time.

Information provided on this website is general in nature and should not be treated as a substitute for professional medical advice, diagnosis or treatment where such advice is appropriate.

Always read and follow the instructions, warnings and contraindications supplied with a product before use.

4. Products, Availability and Prices

All prices displayed on the website are in Australian dollars (AUD) unless otherwise stated.

Product prices, specifications and availability may change without notice.

We reserve the right to discontinue products or limit quantities available for purchase.

We make reasonable efforts to display product images, colours and descriptions accurately. However, colours and appearance may vary depending on your device or screen.

Where we discover a genuine pricing, description or availability error after an order has been placed, we will contact you and provide appropriate options.

Nothing in this section limits your rights under the Australian Consumer Law.

5. Orders and Payment

When placing an order, you agree to provide current, complete and accurate purchase, billing and contact information.

An order is subject to acceptance by TensCare. We may decline or cancel an order where reasonably necessary, including suspected fraud, payment problems, product unavailability or an obvious pricing or listing error.

If payment has already been taken for an order that we cannot fulfil, we will provide an appropriate refund.

6. Shipping and Delivery

Shipping options, charges and estimated delivery times are provided during checkout or in our Shipping Policy.

Delivery times are estimates unless expressly stated otherwise. Events outside our reasonable control may affect delivery.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.

7. Returns, Refunds and Faulty Products

Change-of-mind returns are governed by our Returns & Refund Policy, including our 7-day change-of-mind return conditions.

Our change-of-mind policy operates separately from your statutory rights.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in our Returns & Refund Policy or these Terms excludes, restricts or modifies those guarantees or any other rights or remedies that cannot lawfully be excluded.

8. Health, Medical and Personal-Care Products

TensCare sells products relating to areas including pain management, muscle stimulation, pelvic health and personal care.

Product information provided on this website is intended to assist customers in understanding our products and is not intended to replace advice from an appropriately qualified healthcare professional.

Customers are responsible for reading and following all instructions, warnings, contraindications and safety information supplied with a product.

If you are unsure whether a product is appropriate for you, particularly if you have an existing medical condition, are pregnant, use an implanted electronic medical device or have other health concerns, seek appropriate professional advice before use.

9. Third-Party Services and Links

Our website may use or provide access to third-party services, payment providers, applications or websites.

We are not responsible for the content, availability or practices of third-party websites that are outside our control.

Where you use a third-party service, that service may also be subject to the third party's own terms and privacy policies.

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

10. Personal Information and Privacy

Your submission and our handling of personal information is governed by our Privacy Policy and applicable Australian privacy laws.

Please refer to our Privacy Policy for further information about how we collect, use, store and disclose personal information.

11. Errors and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, prices, promotions, shipping charges, delivery estimates or availability.

We reserve the right to correct genuine errors or omissions and update information where appropriate.

If an error materially affects an order you have already placed, we will contact you where reasonably practicable and provide appropriate options.

Nothing in this section limits your rights under the Australian Consumer Law.

12. Intellectual Property

Unless otherwise stated, the content of this website, including text, graphics, logos, photographs, product information and other material, is owned by or licensed to TensCare and is protected by applicable intellectual property laws.

You may use the website for your personal, non-commercial use. You must not reproduce, distribute, modify or commercially exploit website content without appropriate permission, except where permitted by law.

13. Prohibited Uses

You must not use this website:

• for any unlawful purpose;
• to infringe the intellectual property or other legal rights of another person;
• to transmit malicious code, viruses or harmful material;
• to collect personal information unlawfully;
• to engage in fraudulent, misleading or deceptive conduct;
• to interfere with the security or operation of the website; or
• in any other manner prohibited by applicable law.

We may restrict or terminate access to the website where we reasonably believe these Terms have been materially breached.

14. Consumer Guarantees and Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred by the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, TensCare is not responsible for losses that are not reasonably foreseeable or that arise from misuse of a product, failure to follow supplied instructions or warnings, or use contrary to stated contraindications.

Any limitation or exclusion of liability in these Terms applies only to the extent permitted by law.

15. Indemnity

To the extent permitted by law, you agree to indemnify TensCare against reasonable loss or damage arising directly from your unlawful use of the website or a material breach of these Terms.

This section does not require you to indemnify TensCare for loss caused by TensCare's own negligence, breach of law or wrongful conduct.

16. Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

17. Termination

These Terms remain effective while you use our website or services.

We may restrict or terminate your access where reasonably necessary because of unlawful activity or a material breach of these Terms.

Rights and obligations that arose before termination will not be affected.

18. Entire Agreement

These Terms, together with the policies and other terms referred to on this website, constitute the agreement between you and TensCare regarding your use of the website and purchase of products through it.

19. Governing Law

These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws of Australia.

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

20. Changes to These Terms

We may update these Terms from time to time to reflect changes to our website, products, business practices or legal obligations.

The current version will be published on this website. Changes will apply from the date the updated Terms are published, except where applicable law requires otherwise.

21. Contact Information

Questions about these Terms or an order can be directed to:

TensCare Australia
Email: orders@tenscare.com.au
Phone: 03 8354 5500

You can also contact us through the Contact Us page on our website.