Terms and Conditions

Website Terms and Conditions of Use
1. About the Website
1.1. Please read these terms and conditions (the Terms) carefully before using our website www.3in24.com (the Website). The Website is operated by 3in24 (ABN 27 313 362 718) (3in24). Access to and use of the Website, or any of its associated services, is provided by 3in24.
1.2. 3in24, by the way of granting you access to the contents on the Website, provides you with an opportunity to browse and purchase oral hygiene related products (the Products) that have been listed for sale through the Website (the Services).
1.3. 3in24 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 3in24 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by browsing or remaining on the Website and/or making any payment as required under the Terms for use of Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by 3in24 in the user interface.
3. Use of the Services
3.1. In order to access the Services, you as a customer may be required to provide personal information about yourself (such as identification or contact details), including:
a. Your name;
b. Email address;
c. Mailing address; and
d. Telephone/Mobile number.
3.2. You warrant that any information you give to 3in24 in the course of accessing and using the Services will always be accurate, correct and up to date and you will keep the information up to date.
3.3. You may not use the Services and may not accept the Terms if:
a. you are not of legal age to form a binding contract with 3in24; or
b. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Customer
4.1. As a Customer, you agree to comply with the following:
a. You will use the Services only for purposes that are permitted by:
i. the Terms; or
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and
b. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, these Terms, Privacy Policy and the Refund Policy, available and accessible through the Website.
c. access to and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of 3in24 providing the Services;
d. you must not expressly or impliedly impersonate another user of the Website.
e. you will not use the Services or access the Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
f. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by 3in24 for any illegal or unauthorised use of the Website;
g. you acknowledge and agree that any automated use of the Website or its Services is prohibited;
h. you agree not to harass, impersonate, stalk and threaten another Customer of the Website (where interaction with other Customers is made available to you);
i. you agree to pay all charges, expenses, and costs in accordance with these Terms. In the event that you do not make payment of the above amounts, you agree and understand that 3in24 may report you to a credit reporting agency and you will be liable to 3in24 for its legal and/or recovery costs of the recovery of the amount outstanding (on an indemnity basis); and
j. 3in24 may use commercially reasonable endeavours to moderate your conduct and content in your use of the Website and your provision of the Services. If 3in24 reasonably determines that you breach any of the obligations mentioned herein, 3in24 may, depending on the severity of the conduct, do any one or a combination of any of the following;
i. remove content that is misleading/deceptive or that is in breach of the Terms (as applicable);
ii. provide a warning to you;
iii. suspend your access to the Services;
iv. terminate your access to the Website or Services; and/or
v. in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.
5. The Services
5.1. 3in24 offers access to the Website that allows the Customers to order and arrange delivery of products from independent third party providers of such Products (the Providers).
5.2. You acknowledge and agree that all Products and their delivery offered through the Website are supplied by third-parties that are not affiliated with 3in24.
5.3. This Website and the information on it constitutes an invitation to offer and not an offer to supply the Products. When you order Products, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when 3in24 has accepted your order through the Website following a confirmation email with a receipt of your payment for that order shall a contract be formed between you and 3in24.
6. Purchase of Products and Returns Policy
6.1. In using the Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
6.2. Payment of the Purchase Price may be made through a third party payment provider (the Payment Gateway Provider)
6.3. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
6.4. Following payment of the Purchase Price being confirmed by 3in24, you will receive a confirmation email with a receipt to confirm that the payment has been received and 3in24 may record your purchase details for future use.
6.5. Prices shown on the Website will be quoted in the Australian Dollar. These prices include any applicable taxes but may exclude delivery costs and any online payment charge. These will be added to the total amount at check out.
6.6. All refunds will be made pursuant to 3in24’s Refund Policy available through the website (the Refund Policy).
6.7. You acknowledge and agree that the Website contains a large number of Products and it is possible that some of the Products may have incorrect pricing. Where any Product is listed on this website with an incorrect price or with incorrect information, 3in24 reserves the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by 3in24, you may be refunded the amount paid by you in relation to that order pursuant to our Refund Policy. You acknowledge and agree that 3in24 shall not accept return of any Products delivered to you, except for the returns made pursuant to clause 6.6 of these Terms.
6.8. Should you wish to dispute the performance of the Services or the delivery of the Products or any damaged Products, please follow the Dispute Resolution procedures as set out in clause 16 of these terms.
7. Privacy
7.1. 3in24 takes your privacy seriously and any information provided through your access of the Website or use of the Services are subject to 3in24's Privacy Policy, which is available on the Website and must be read in conjunction with these Terms.
8. Delivery
8.1. You acknowledge and agree that 3in24 is not the provider of the delivery services for the Products ordered and merely facilitates your interaction with the Providers in respect to providing the delivery services.
8.2. You acknowledge that the delivery of the Products (the 'Delivery Services') is through the use of third party delivery companies (the 'Delivery Service Providers'). You acknowledge and agree that 3in24 is not the provider of these Delivery Services and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.3. In the event that an item is lost or damaged in the course of the Delivery Services, 3in24 asks that you contact 3in24 by sending an email to support@3in24.com outlining in what way the Products were damaged in transit.
8.4. 3in24 or the Provider cannot guarantee that the orders will be delivered within the delivery time frame as unexpected circumstances or events that are beyond the Provider’s reasonable control may arise and delay the delivery of the Products. 3in24 does not guarantee the delivery dates and time. The delivery times are calculated from once the order is confirmed by 3in24 to you.
8.5. To prevent any delivery issues from arising, you must ensure that all delivery information (such as the address, name and contact details) and delivery instructions (if any) provided to 3in24 is accurate and complete.
8.6. You acknowledge and agree that if the delivery information or instructions provided to 3in24 is not accurate, 3in24 and/or the Provider shall not be liable for any additional costs and expenses that may be incurred in relation to the order or delivery of the Products.
9. Warranty
9.1. The Products listed on the Website come with guarantees that cannot be excluded under the Australian Consumer Law. No additional warranties are provided by 3in24
10. Cancellation
10.1. You acknowledge and agree that you may cancel your order at any time prior to order confirmation from us. You shall not cancel the order once the order is confirmed by 3in24. If the order is cancelled before the confirmation, 3in24 may refund your payment pursuant to the Refund Policy.
11. Copyright and Intellectual Property
11.1. The Website, the Services and all of the related Products of 3in24 are subject to copyright. The material on the Website 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 website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by 3in24 or its contributors.
11.2. 3in24 retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of 3in24; or
b. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
11.3. You may not, without the prior written permission of 3in24 and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. General Disclaimer
12.1. Nothing 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.
12.2. Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b. 3in24 will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3. Use of the Website, the Purchase Services, and any of the products of 3in24 (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the Products of 3in24, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of 3in24 (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Services (including the Products or Services of 3in24) referred to on the Website. 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 Website, the Service, or any of its Content related to Products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the 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 e-commerce transacted on the Website; or
f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12.4. You acknowledge and agree that 3in24 does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
12.5. 3in24 will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
12.6. You acknowledge and agree that the Website and the Services are only intended to facilitate the interactions between the Customer and the Provider and does not offer any services other than the Services and 3in24 holds no liability to you as a result of any conduct of the Customers or the misuse of Your Content by any party (including other Customers).
13. Limitation of Liability
13.1. You acknowledge and agree that 3in24 holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13.2. To the maximum extent permitted by law, 3in24 provides the Service and content on an "as-is" and "as available" basis and makes no representation or warranty of any kind, express or implied, regarding the content or availability of the Services, or that it will be timely or error-free or that defects will be corrected.
13.3. 3in24's total liability arising out of or in connection with the 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 Price, then the total liability of 3in24 is the resupply of information or Services to you.
13.4. You expressly understand and agree that 3in24, 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.
13.5. You acknowledge that 3in24 does not provide the Delivery Services to you and you agree that 3in24 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.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by 3in24 as set out below.
14.2. If you want to terminate the Terms, you may do so by:
a. notifying 3in24 at any time; and
14.3. Your notice should be sent, in writing, to 3in24 via email to support @3in24.com.
14.4. 3in24 may at any time, terminate the Terms with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. 3in24 is required to do so by law;
c. the partner with whom 3in24 offered the Purchase Services to you has terminated its relationship with 3in24 or ceased to offer the Purchase Services to you;
d. 3in24 is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
e. the provision of the Purchase Services to you by 3in24 is, in the opinion of 3in24, no longer commercially viable.
14.5. Subject to local applicable laws, 3in24 reserves the right to discontinue or cancel at any time, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 3in24's name or reputation or violates the rights of those of another party.
14.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and 3in24 have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Indemnity
15.1. You agree to indemnify 3in24, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. 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 through the Website;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c. your violation of the rights of any third party, including Providers.
d. any breach of the Terms.
16. Dispute Resolution
16.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
a. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. The mediation will be held in Sydney, New South Wales, Australia.
16.4. Confidential:
All communications concerning negotiations made by the Parties 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 laws of evidence.
16.5. Termination of Mediation:
If fourteen (14) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
17. Venue and Jurisdiction
The Services offered by 3in24 is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sydney, New South Wales, Australia.
18. Governing Law
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.
19. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20. Severance
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.