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Terms and Conditions

These terms and conditions make up a legally binding agreement (the Agreement) between the Ethology ABN 11 911 374 889 (referred to in these terms as “Us” “We” and “Our”) AND the person(s) and you.

1. Delivery of products

(a) All standard orders in Australia, are sent regular post by Australia Post without insurance but are sent with tracking.

(b) Orders are processed and packed within 3-5 business days of receiving your order. This timeframe may be longer during sale periods or high sales volumes. We ask that you wait at least 5 business days before contacting us about the status of your order.

(c) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(d) All orders are carefully checked by us prior to dispatch.

(e) For non-delivery of products, please notify us by email as soon as possible.

2.Receipt of products

(a) You must inspect the products immediately upon their arrival and if the products are not in accordance with the specified requirements then you must give notice to us at within 2 days of receipt of the products. If you fail to give such notice, the products may be deemed to be in all respects in accordance with the specified requirements.

(b) This paragraph does not apply if the products are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 4 below.

3. Refund policy

Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.

4. Limitation on claims

(a) Our liability for failure to comply with a consumer guarantee is limited to:

     (i) the replacement of the products or the supply of equivalent products (or the payment of the cost of the replacement or supply); or

    (ii) the repair of the products (or the payment of the cost of the repair),

and we will determine, in our sole discretion, whether replacement or repair will be offered.

(b) Subject to the clause above, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(c) You acknowledge that our products contain general instructions on use only and is not personalised to your child’s stage of development or medical needs and our products or information on our website is not a substitute for professional medical advice.

(d) Please ensure the product is used in accordance with the care and use instructions.

(e) Our products are not suitable for children under 3 years old.

(f) Our products are made from natural rubber which is made from latex. Our products do not contain the latex antigenic protein and while we take steps to minimise contact with latex antigenic protein, there may be factors outside of our control which may cause our products to come into contact with latex antigenic protein.

(g) To the maximum extent permitted by law, you agree to release Us from any claims relating to loss or damage arising from or resulting from our products.

(h) In all other respects, our total liability for loss or damage of every kind, arising out of or in relation to the supply of the products, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the products.

(i) In no event will we be liable for any indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.

5. Intellectual Property

(a) You acknowledge that we own all Intellectual Property Rights created in our products.

(b) We agree to grant you a non-exclusive, non-transferable, royalty free licence (“IP Licence”) to use our Intellectual Property Rights to obtain the benefit of our products.

(c) You agree that the IP Licence does not extend to allowing you to re-sell our products in a retail setting. If our Intellectual Property Rights are used in a way which breaches this clause, an additional licensing fee may be imposed.

(d) In this clause, Intellectual Property Rights means copyright, trademark, design, patent, and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by us.

6. Warranty disclaimer

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

7. Governing law

These terms of service are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

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