Achievable Concepts Terms and Conditions
1.About the Site
1.1Welcome to www.achievableconcepts.com.au (the 'Site'). The Site is operated by Innovative Care Solutions Pty Ltd (ACN 117 050 101) (T/A ‘Achievable Concepts’).
1.2Achievable Concepts is a supplier of adapted recreation and sporting equipment for people with disabilities and the aged.
1.3The Site provides you with an opportunity to browse and purchase various products that have been listed for sale through the Site (the 'Products'). The Site provides this service by granting you access to the Products on the Site (the 'Purchase Services').
1.5Achievable Concepts reserves the right to update these Terms at any time. Any changes to the Terms take immediate effect from the date of their publication.
1.6For the purposes of these Terms, any reference to “Achievable Concepts”, “we”, “our”, or “us” means Innovative Care Solutions Pty Ltd (ACN 117 050 101)) and any reference to “you” or “your” means a user of our Site.
2.Definitions used in these Terms
2.1“Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
2.2“Content” means all works and materials (including without limitation text, graphics, images, audio material, video material,
2.3“Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
2.4“Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance,
2.5“Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tort (including negligence), restitution, pursuant to statute or otherwise at law or in equity.
2.6“Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or
unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.
2.7“Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and the EU General Data Protection Regulation.
3.Your use our Site
3.1As a condition of your use of our Site and access to our Purchase Services, you warrant that you are a person authorised to enter into a legally binding contract if you are purchasing our Products.
3.2We retain the right to deny anyone access to this Site or our Purchase Services if you do not comply with our Terms.
4.Registration and Acceptance
4.2You must be 18 years or older, or be of legal majority in your country of residence, to purchase Products through our Site and use our Purchase Services. You must not use the Purchase Services if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Purchase Services under Australian law or any other country in which you are a resident.
4.3In order to use the Purchase Services, you will be required to provide us with personal information including but not limited to:
(d)a telephone number;
(e)a preferred username and password (‘Login Details’); and
(f)and any other information indicated as required.
4.6You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.
4.7You warrant that your Registration Data is accurate, correct and up to date. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel any Orders for our Products.
4.8If your Registration Data changes, you must promptly notify us to update those changes. Achievable Concepts may undertake additional inquiries to confirm the accuracy of your
Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date.
4.10You are responsible for keeping your Login Details secure. Users acknowledge that they are entirely responsible for all activities that occur under their Login Details. Achievable Concepts will not be liable for any Loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Achievable Concepts of any unauthorised use of your Login Details or any other breach of security known to you.
4.11You acknowledge that Achievable Concepts will use the email you provide as the primary method for communication.
4.12You are responsible for maintaining, protecting and making backups of your Registration Data. To the extent permitted by applicable law, Achievable Concepts will not be liable for any failure to store, or for loss or corruption to your Registration Data.
4.13We may from time to time by notice on our Site vary our catalogue of available Products, the prices for our Products or offer additional products and services.
5.1As a user of our Site, you agree that:
(a)you have the sole responsibility for protecting the confidentiality of your password and email address. Use of your password by any other person may result in the termination of your right to access the Purchase Services;
(b)any use of your registration information by any other person, or third parties, is not permitted. You agree to promptly notify Achievable Concepts of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(c)you will use the Purchases Services only for the purposes that are permitted by these Terms and in accordance with any applicable laws;
(d)commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice.
5.2Achievable Concepts may without notice terminate your your access to the Purchase Services including any Registration Data in it or associated with it at any time for a breach of your obligations or any other part of these Terms in the sole discretion of Achievable Concepts.
6.Purchase of Products
6.1By using the Purchase Services to purchase our Products, you agree to the payment of the purchase price listed on the Site for the Products from time to time (the 'Purchase Price').
6.2Our fees for the Purchase Price are in Australian Dollars (AUD) unless otherwise stated on our Site. We will be entitled to add on GST for any supply in Australia.
6.3We ship our Products to various overseas destinations. Please contact us for more information about overseas shipping destinations and applicable shipping fees.
6.4Payment of the Purchase Price may be made through one of the following
(the 'Payment Gateway Providers')
6.6Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. You are responsible for ensuring your credit card details are accurate and up to date when purchasing our Products.
6.7When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt to confirm that your payment has been received. You agree that Achievable Concepts may electronically store your Registration Information and your purchase details for future use.
6.8You are responsible for any use, activities and the payments associated with your Order. Achievable Concepts reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:
(a)the inability to authorise or process any payment including a credit card payment;
(b)where Achievable Concepts suspects any fraudulent activity; or
(c)if any misuse of the Purchase Services is detected.
6.9Achievable Concepts may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.
7.Discounts and Promotions
7.1Achievable Concepts advertised offers and promotions are subject to the following conditions, in addition to any terms and conditions specified under any applicable offer or upon entering the relevant code at checkout:
(a)promotions are only applicable to Products specified in the offer;
(b)Achievable Concepts takes no responsibility for promotion codes that were not applied during the checkout process and discounts cannot be applied after an Order has been placed;
(c)we reserve the right to end any promotions, sales or discount offers at any time.
8.Postage and Shipping
8.1You must make payment for the Products in full before we will dispatch the Products.
8.2We ship within Australia and to overseas destinations at our discretion. Please contact us by email if you require shipping to any other country outside of Australia, though we do not guarantee the availability of international shipping destinations.
8.3Postage and shipping costs are at your expense. The Purchase Price on our Site for Products is not inclusive of shipping and handling charges unless otherwise depicted.
8.4You acknowledge that our Products integrate delivery (the 'Delivery Services') through
8.5We may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Achievable Concepts is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.6In the event that your Product is lost or damaged during the Delivery Services, Achievable Concepts asks that you contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit, so we can contact the Delivery Service Provider directly to make a claim and to determine if the Delivery Service Provider should be removed as a supplier.
8.7For locations in Australia, please allow 45 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 45 calendar days.
8.8For international shipping destinations (outside of Australia), please allow 60 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 60 calendar days.
8.9The cost of any delivery and shipping will be automatically calculated for you at checkout on our Site.
8.10Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
8.11You accept that any delivery or
8.12You are responsible to make all arrangements necessary to take delivery for the Products otherwise Achievable Concepts will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for
8.13You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.
9.Title and Risk
9.1Title to the Products shall remain with Achievable Concepts until you have paid the full invoice price for the Products.
9.2The risk in the Products will pass from Achievable Concepts to you at the time of delivery of the Products or into the custody of anyone acting on your behalf whichever is sooner. From that time on, you assume all risk of Loss and damage to the Products.
10.Returns and Refund Policy
10.1Returns and refunds will be processed in accordance with the Australian Consumer Law.
10.2It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt or not match the description, Achievable Concepts will in its discretion offer a refund or replacement of the Products in accordance with its obligations under the Australian Consumer Law.
10.3For defective merchandise, you must contact us at [insert email] within 14 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products.
10.4You are responsible for returning the Products to Achievable Concepts. Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the defect.
10.5You agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
10.6Returns will only be considered for Products in original condition and in original packaging where the Product packaging is unopened and remains in a saleable condition. Products that have been modified or excessively handled will not be accepted as a return. No refund will be granted for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.
10.7Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
10.8Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.
11.1Achievable Concepts must ensure that the Products are of merchantable quality.
11.2Achievable Concepts will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant Australian industry standards, best practice and guidelines.
12.1Achievable Concepts Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product.
12.2This guarantee does not apply to any defect in the Products arising from:
(a)fair wear and tear;
(c)Product not being used in accordance with the applicable directions;
(d)lack of correct maintenance;
(e)Product being modified in anyway;
(f)Product used in a manner or purpose for which the Product was not intended;
(g)damage to Products due to events out of our control including Force Majeure once the Products are delivered to you.
12.3Achievable Concepts does not give any warranty or representation of any kind in relation to any Products supplied under these Terms.
12.4You agree that specific results cannot be guaranteed for the Products. It is your responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.
13.Copyright and Intellectual Property
13.1The intellectual property rights in or related to the Products or any of its documentation vest in Achievable Concepts or Achievable Concepts has the right to use the intellectual property rights.
13.2The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Site (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') vest in or are licensed by Achievable Concepts or its contributors.
13.3Nothing you do on or in relation to the Site will transfer to you:
(a)the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Achievable Concepts; or
(b)the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c)a product, system or process or material that is the subject of a patent, registered design or copyright.
13.4The Site or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
13.5You may not, without the prior written permission of Achievable Concepts and the permission of any other relevant rights owners broadcast, republish,
13.6The intellectual property in our Products including any patents, trade marks, service marks, trade names, designs or copyright and any other proprietary designations are owned, registered or licensed by us.
13.7You must not use any of our trade marks:
(a)in or as the whole or part of your own trade marks;
(b)in connection with activities, products or services which are not ours; or
(c)in a manner which may be confusing, misleading or deceptive.
Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
13.8 Your obligations under this clause survive termination or expiry of these Terms.
14.1You acknowledge that Achievable Concepts does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2Achievable Concepts will make every effort to ensure a Product is accurately depicted on the Site, however, you acknowledge that colours and packaging may differ from what is displayed on the Site.
14.3Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Achievable Concepts (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Content on the Site or any products or services (including the Products or Purchase Services of Achievable Concepts) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)the accuracy, suitability or currency of any information on the Site, the Purchase Services, or any of its Content (including third party material and advertisements on the Site);
(c)costs incurred as a result of you using the Site, the Purchase Services or any of the Products;
(d)the Content or operation in respect to links which are provided for the User's convenience;
(e)any failure to complete a transaction, or any loss arising from
(f)any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15.Limitation of Liability
15.1You agree that Achievable Concepts, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of Liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.2This exclusion of liability includes without limitation:
(a)the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Site (including
(b)that the information on the Site is up to date; or
(c)any of the Products on the Site will remain available.
You accept that we take no responsibility for any error or omission relating to the Content on the Site.
15.3These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:
(a)for any Claims relating to these Terms, to the Purchase Price of the Products;
(b)in the case of products: (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c)in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
15.4Achievable Concepts total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Achievable Concepts is the resupply of information or Purchase Services to you.
15.5You acknowledge that Achievable Concepts does not provide the Delivery Services to you and you agree that Achievable Concepts will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
16.Termination of Contract
16.1The Terms will continue to apply until terminated by either you or by Achievable Concepts as set out below.
16.2If you want to terminate the Terms, you may do so by notifying Achievable Concepts at any time.
16.3Your notice should be sent, in writing, to Achievable Concepts via the 'Contact Us' link on our homepage or using the contact details provided below.
16.4Achievable Concepts may at any time, terminate the Terms with you if:
(a)you have breached any provision of the Terms or Achievable Concepts reasonably suspects that you intend to breach any provision;
(b)Achievable Concepts is required to do so by law;
(c)the partner with whom Achievable Concepts offered the Purchase Services to you has terminated its relationship with Achievable Concepts or ceased to offer the Purchase Services to you; or
(d)Achievable Concepts is no longer providing the Purchase Services to users in the country in which you are resident or from which you use the service.
16.5The termination of these Terms will not affect any rights or obligations of either party that are expressly intended to survive the termination of these terms.
17.1You agree to indemnify Achievable Concepts, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)any breach of the Terms;
(b)all actions, suits, Claims, demands, Liabilities, costs, expenses, Loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post on the Site;
(c)any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so.
18.1Compulsory process. A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
18.2Notification. A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.
18.3Initial period – efforts to resolve Dispute. During the
18.4Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(a)a mediator agreed on by the Disputants; or
(b)if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
18.5Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
18.6Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
18.7Costs of mediation. Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
18.8Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative
18.9Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
18.10Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
The failure of Achievable Concepts to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.
24.Advertising and Links
24.1The Site may contain links and other pointers to Internet sites or applications operated by third parties. We do not control these linked sites and are not responsible for the contents of any linked site. The links are provided solely for your convenience and do
not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.
24.2Your access to any such site is entirely at your own risk. You should contact the relevant
25.1Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Site and our Products. You may submit Material by emailing us at email@example.com.
25.2You grant to us a
25.3You represent or warrant that you own or otherwise control all of the rights to the Material that you submit to us.
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Achievable Concepts without our prior written permission.
27.1This Site is operated by Innovative Care Solutions Pty Ltd T/A Achievable Concepts (ACN 117 050 101).
27.2You can contact us:
(a)by telephone at 0490 517 960;
(b)by email at firstname.lastname@example.org
© 2018 Achievable Concepts Pty Ltd T/A Achievable Concepts. All Rights Reserved.
Terms last updated 18 December 2018.