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Terms & Conditions

The following terms govern your access and use of AGA's www.mobilityservices.com.au and 'Mobility Services' mobile device app systems (each an 'AGA System'). If you are accessing and using the AGA System as an authorised user of a company, partnership, association, trust, governmental or local authority or agency or other entity (each a Company), these terms are also binding on the Company. User refers to you and the Company (if any), unless the context dictates otherwise. AGA refers to AWP Australia Pty Ltd and its related bodies corporate as defined by the Corporations Act 2001 (Cth).

By accessing, browsing and/or using the AGA System, the User acknowledges that the User has read, understood and agrees to be bound by these terms and to comply with all applicable laws and regulations. If the User does not agree to these terms, the User must not use the AGA System and immediately log off.

AGA may vary these terms from time to time and the terms that are current at the time of accessing or using the AGA System will apply to that access or use.

1. Intended Use

By ordering any of the products on our website/app, you represent and warrant:

a) that you are a registered Health Professional and/or otherwise lawfully permitted to prescribe Mobility and Functional Support Equipment for the Department of Veterans' Affairs.
b) you can verify that the previous product limits with the Veteran and all information contained in an order is accurate and in accordance with the Department of Veterans' Affairs Rehabilitation Appliances Program National Guideline.
c) That you hold all current health professional registration requirements.

The Health Professional acknowledges that:

i. Due to the nature of the technology involved Allianz Global Assistance's website may not be continuously available or operate error free (including loss of data); and
ii. Allianz Global Assistance's ability to contact Health Professionals is dependent on the availability of telecommunications and internet connections over which Allianz Global Assistance has no control.

2. Provision of access to AGA System

(a) AGA will provide the User with access to the AGA System through a unique user ID and password. All changes to User passwords, contact details and authorisations must be approved and effected by AGA.

(b) Company Users: (1) will be provided with unique user IDs and passwords for up to the maximum number of authorised users permitted pursuant to prior agreement between AGA and the Company User; (2) must ensure that no more than the agreed number of authorised users access and use the AGA System; (3) must take all reasonable steps to ensure that their authorised users comply with these terms; (4) must notify AGA when an authorised user is no longer entitled to access and use the AGA System so that AGA may cancel that unique user ID and password and issue a new unique user ID and password for a replacement User, where applicable; and (5) are liable for the acts and omissions of their authorised users and all activity under their allocated unique user IDs and passwords.

(c) Once a unique user ID and password has been allocated to a User, they may not be transferred to any other person without AGA's prior written approval.

(d) Each User acknowledges and agrees that: (1) Users must not share their unique user IDs and passwords and that it will keep its unique user ID and password secure and confidential; and (2) a unique user ID and password will expire after 90 days of inactivity, upon which a User will be required to apply for a new unique user ID and password to continue accessing and using the AGA System; (3) Users will comply with any applicable laws including the Privacy Act 1988, and will also comply with the Privacy Policy set out in this Site Disclaimer.

3. Service Levels

(a) AGA may exercise its sole discretion in relation to any aspect of the AGA System (including its configuration) and the nature and manner of the technical support it provides in relation to the AGA System.

(b) Without limiting clause 8(a), AGA shall not be responsible: (1) for failure to meet any level of service by it, its service providers or the AGA System; (2) for any errors or omissions by AGA or relating to the AGA System; or (3) for any unavailability of, or inability to access, or outages of the AGA System, whether these arise through something within AGA's reasonable control or otherwise, including faults due to telecommunications failures or faults, defective networks or internet connections, any computer program virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data ("Harmful Code"), defective equipment utilised by the User or AGA or incorrect operation by the User of its own access facilities.

4. User's Facilities

(a) Unless otherwise agreed with AGA, User shall be responsible for providing, at its own cost, its own internal facilities (including terminal, software, modem and telecommunications facilities and internet access) necessary for accessing and using the AGA System. If AGA does provide any material, software, hardware or any other facility or service, User will comply with these terms, any other conditions of use that AGA may impose and any obligations AGA may have to third parties, in respect of what has been provided and all references to "AGA System" in these terms will include what has been provided.

(b) AGA shall, upon request from the User, supply such information and assistance as is reasonably required by the User to enable the User to prepare and install its own connection to the AGA System.

(c) Notwithstanding sub-clause (b) above, AGA accepts no responsibility for any deficiency in the User's connection to the AGA System

5. Data and Intellectual Property Rights

Notwithstanding any prior agreements between the User and AGA, the parties acknowledge and agree that all rights (including all intellectual property rights), title and interest in the Data will be owned by AGA and will vest in AGA on their creation. User acknowledges and agrees that except where expressly stated in these terms, nothing in these terms grants or transfers to the User any rights (including all intellectual property rights), title or interest that may vest in all or any part of the AGA Network, which will remain owned by AGA or its licensors or service provider, are protected by law and are unaffected by these terms. AGA reserves all rights not granted under these terms.

6. Use of the Allianz System

(a) Users may access and use the AGA System (and any part of the AGA System) solely for the purposes of pursuing or engaging in business transactions between the User or the User's Company (if any) and AGA ("Purpose") and for no other purposes.

(b) Except as set forth in these terms or expressly permitted by the AGA System, User may not copy or reproduce all or any part of the AGA System or the Data in any form or by any means, including information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display, without AGA's prior written permission. Other than as required by law, User may not disclose, disseminate or distribute all or any part of the AGA System or the Data to any other person. The User may not communicate, publicly use or reprint excerpts from any part of the AGA System or any Data without AGA's prior written consent. User shall use all copies, reproductions and reprints in accordance with these terms.

(c) While accessing and using the AGA System, the User must not use the AGA System in any manner, perform any action or undertake any activity that does or has the potential to mislead, deceive, defraud or cause harm or damage to the AGA System, AGA or any other person.

(d) Each User undertakes to notify AGA as soon as possible after it becomes aware of any failure, or manifest, obvious or suspected fault, error or malfunction, of all or any part of the AGA System or the Data.

(e) Each User represents and warrants that all Data supplied by it to AGA are, and will be, complete, true and accurate in all respects.

(f) The information in the AGA System and all Data have been obtained from sources that AGA believes to be reliable (including from Users) and are provided for information purposes only. Users should make their own independent assessment and obtain their own professional advice on their obligations and compliance requirements under applicable laws, regulations and industry codes. The information in the AGA System is current as at their publication date and may change from time to time. AGA has no obligation to advise Users of any such changes and it is the User's responsibility to check the AGA System or with AGA for the most current version of the information.

7. Security and Restrictions

(a) Security Precautions. Each User agrees that it: (1) will install software, to the extent available, to ensure that only authorized users have access to the AGA System and the Data; and (2) has installed appropriate security, Harmful Code and firewall protection. Each User must notify AGA promptly if it becomes aware of any unauthorised use of its user ID(s), password(s), the AGA System and/or the Data.

(b) Prohibited Uses. Users will NOT:

  • Copy all or any part of the Data or AGA System for any unapproved purpose;
  • Reverse engineer, decompile, disassemble, translate or convert AGA provided intellectual property rights or software to human readable (source code)form (except as may be permitted under copyright law);
  • Circumvent any encrypted data or gain access to data that it is not authorised to access; and/or
  • Use the AGA System in any manner which violates these terms or any applicable laws.

8. Monitoring/Audit

Each User acknowledges that AGA may monitor on-line activity by Users. In addition, each Company User must also inform all its authorised users that AGA may monitor their on-line activity. Upon request, each User agrees to provide AGA with reasonable evidence of compliance with these terms. AGA or its nominee may audit a User, to verify the User's compliance with these terms, during the User's regular business hours. User agrees to provide AGA and/or its nominee with all assistance and co-operation that they may reasonably require to conduct and complete such audits.

9. Warranty Disclaimer

(a)Warranty Disclaimer. The AGA System and all Data are provided on an "as is" basis. Of course, any goods and services we supply through the AGA System come with guarantees that cannot be excluded under the Australian Consumer Law. For example, you or the recipient are entitled to a replacement for goods or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You or the recipient are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For services, you or the recipient are entitled to have the services provided with due care and skill, that they will be fit for a particular purpose, and will be provided within a reasonable time. To the extent permitted by law and where any statutory guarantees or warranties including the Australian Consumer Law do not apply AGA and its licensors and service providers do not make any representations or warranties in relation to the AGA System and the Data, including any representations or warranties that all or any part of the AGA System or Data will: (1) meet non-standard User requirements; (2) always be available or accessible such as when there is an outage; (3) be uninterrupted or error free; (4) be free of all faults or defects; (5) be free of all Harmful Code; (6) be up to date and accurate in terms of product or service description and availability and their suitability for particular needs; and (7) not breach any third party rights (including any intellectual property rights) including those parts of the AGA System that are or may be developed using open source software. AGA expressly disclaims and excludes any liability to any User for any of these events where permitted by law.

(b) Disclaimer of all other warranties. This clause does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would: (1) contravene that statute; or (2) cause any part of this clause to be void. AGA excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ("Non-excludable Condition"). AGA 's liability to a User for breach of any express provision of these terms or any Non-excludable Condition (other than an implied warranty of title) or in relation, in any way, to the User's access to and use of the AGA System and/or Data, is limited, at AGA 's option, to refunding the price of the goods or services in respect of which the breach or claim occurred or to providing, replacing or repairing those goods or providing those services again (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which AGA 's liability is not limited under these terms).

10. Limitation of liability

AGA, its licensors and service providers shall not, but subject always to any statutory right to damages or other relief granted by the Australian Consumer Law, be liable for direct, consequential, indirect, special or incidental damages or any damages for lost profits, business failure or property or equipment loss or damage, arising out of the access to or use of all or any part of the AGA System or Data, whether or not they have been advised of the possibility of such damages.

11. Cancellation of AGA System or access to AGA System

Subject to the terms of any other written agreement between AGA and the User, the User acknowledges that AGA may, at its sole discretion and at any time and for its convenience, and subject to any rights or remedies granted by the ACL, without liability, substitute or terminate all or any part of the AGA System and/or terminate a User's right to access and use all or any part of the AGA System and/or Data. AGA may also require the User to return to AGA any software, hardware, materials and Data supplied by AGA and all records and copies of the same. AGA will use reasonable endeavours to provide the User with notice of such substitution or termination.

12. Miscellaneous

(a) Applicable Law. These terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without reference to its conflict of law principles. The parties agree to submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.

(b) User Confidential Information. User agrees to keep confidential any information communicated to the User by AGA in connection with these terms or as a result of the User's access to and use of the AGA System and/or Data. This obligation of confidence shall not apply to any information that: (1) is in the public domain at the time of its communication; (2) is independently developed by the User; (3) enters the public domain through no fault of User; or (4) is in User's possession free of any obligation of confidence to AGA. Additionally, User may disclose such information to the extent required by law or a competent regulatory body.

(c) Further actions. Each party must use its best efforts to do all things necessary or desirable to give full effect to these terms.