These Terms of Use ("Terms") govern your use of our website located at www.leafio.com.au ("Site") and form a binding contractual agreement between you, the user of the Site, and us, Montu Group Pty Ltd (ABN 35 634 198 360) trading as Leafio Pty Ltd.
These Terms are important, and we encourage you to read them carefully. If you have any questions, please contact us before using the Site. You can reach us via email at info@leafio.com.au
By using the Site, you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms, and you agree to be bound by them. If you do not agree to the Terms, please refrain from using the Site.
1.1. We grant you a non-exclusive, worldwide, non-transferable license to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3. You must not add any content to the Site that:
(a) infringes upon the intellectual property or other rights of any person;(b) violates any law, regulation, rule, code, or legal obligation;(c) is obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy;(d) would bring us or the Site into disrepute; or(e) violates the intellectual property or other rights of any person.
1.4. The Site may contain links to other websites as well as content added by individuals other than us. We do not endorse, sponsor, or approve any user-generated content or any content available on linked websites.
1.5. You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend, or cease its operation at any time at our sole discretion; and(b) the Site may not operate continuously and may be unavailable from time to time due to maintenance purposes.
2.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right and licence to use that content in any way, including reproducing, modifying, and communicating the content to the public. You also permit us to authorise any other person to do the same.
2.3. You consent to any act or omission that would otherwise constitute an infringement of your moral rights. If you add any content in which a third party has moral rights, you must also ensure that the third party consents in the same manner.
2.4. The licence granted in clause 2.2 will survive any termination of these Terms.
2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3.1. You represent and warrant to us that:
(a) you have the legal capacity to enter into these Terms; and(b) you have complied with clause 1.3.
4.1. To the fullest extent permitted by law, we exclude all liability for loss of data, interruption of business, or any consequential or incidental damages.
4.2. To the fullest extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms.
4.3. We do not provide any representation or warranty of any kind, express or implied, regarding the operation of the Site or the information, content, materials, or products included on the Site. You agree that your use of the Site is at your own risk.
4.4. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, and do not warrant that the Site, its servers, or email sent from us are free of viruses or other harmful components. We are not liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits, and consequential damages.
4.5. These Terms are subject to any legislation that prohibits or restricts the exclusion, restriction, or modification of any implied warranties, conditions, or obligations. If such legislation applies, we limit our liability, at our option, to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
5.1. These Terms automatically terminate if, for any reason, we cease to operate the site.
5.2. We may also terminate these Terms immediately, upon notice to you, if you have breached these Terms in any way.
6.1. You must not assign, sublicense, or otherwise deal in any way with any of your rights under these Terms.
6.2. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3. Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
6.4. Pharmacies will be invoiced monthly:
(a) Payment terms for pharmacies that register on or after 16 September 2024 are End of Month + 7 days
(b) Payments terms for pharmacies that register before 16 September 2024 are End of Month + 14 days
6.5. These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the jurisdiction of the courts of the State of Victoria, Australia.
6.6. Failure to settle outstanding debts may result in temporary suspension of services.
6.7. Any discounts offered by Leafio are not contractually binding and are at the discretion of Leafio. Discounting is subject to change without notice.
7.1. We may amend any term of these Terms at our discretion from time to time by posting a notice on the Site indicating the amendments. If you continue to use the Site after we provide notice of the amendments, your conduct will be deemed acceptance of the amended terms and conditions.