6 Warranties, indemnities and disclaimers
Indemnity and Disclaimer in relation to Health Information
6.1 From time to time, we may post certain blogs on the Website which provides general information in relation to sexual health and related topics including sexually transmitted infections (“STIs”), pregnancy, and condom use (“Health Information”). While we will take due care in ensuring that this Health Information is accurate, it should not to be used as a substitute for obtaining independent medical advice from a suitably qualified medical practitioner. You should obtain independent medical advice on all matters relating to sexual health and your individual requirements.
6.2 We expressly disclaim any and all liability for any loss or damage whatsoever suffered by you or any other person as a result of, in connection with, or as a consequence of reliance on the Health Information on our Website, and you agree to indemnify us, and hold us harmless against any such loss or damage caused by, or arising as a result of, in connection with, or as a consequence of reliance on this Health Information.
Indemnity and Disclaimer in relation to Products
6.3 The Product descriptions (including pictures) provided on the Website are intended to provide general information about the Product, and are not to be taken as any kind of representation or guarantee as to the Product’s suitability, quality, appearance or performance.
6.4 You acknowledge that no condom or other Product sold on the site is 100% effective in preventing the spread of STIs (including HIV) or preventing pregnancy. No part of the Website is intended to be, or is to be interpreted as, a representation that a Product is 100% effective in preventing STIs or pregnancy. Accordingly, we expressly disclaim any and all liability for any loss, damage or harm whatsoever suffered by you or any other person as a result of, in connection with, or as a consequence of the use of condoms or any Product sold on this Website, and you agree to indemnify us, and hold us harmless against any such loss, damage or harm caused by, or arising as a result of, in connection with, or as a consequence of your use of condoms or any Product sold on this Website.
6.5 You acknowledge that we do not manufacture any of the Products sold through the Website. We will take all reasonable care to ensure that Products shipped by us are safe and free from defects, but you acknowledge that there may be manufacturing defects beyond our control. However, before using any condom Product you should inspect it to ensure it is not damaged or otherwise defective in any way. If upon opening a condom Product you identify any damage or defect or anything that looks unusual, you should not use that Product but should notify us and we will seek to arrange for replacement by the Product’s manufacturer.
6.6 Other than as expressly provided for under the Australian Consumer Law, we make no warranties whatsoever in relation to the Products.
Disclaimer in relation to the operability of the Website
6.7 We will take reasonable care to ensure that the Website is operational at all times and to ensure that the Website is free from bugs, defects or errors, fully secure and compatible with most personal computers and digital devices from which the internet is accessible. However, you acknowledge that certain matters beyond our control may affect the availability, operation or security of the Website. Accordingly, we make no warranties whatsoever in relation to the operational status of our Website, or that the Website will be at all times free of bugs, defects or errors, or will be fully secure or compatible with any software or hardware, and disclaim any liability for any loss or damage occurring as a result of, or in connection with or as a consequence of any failure of the Website, except to the extent that as a direct result of such failure of the Website, we have charged you a greater amount than the amount payable under your Purchase Order, in which event we will refund the excess.
6.8 You warrant that you are over 18 years of age and have the legal capacity to enter into legally binding contracts, or have the consent of a parent or guardian who are over the age of 18 and have the legal capacity to enter into legally binding contracts.
6.9 You acknowledge and agree that any services or information provided Website is to be provided “as is”, and that you have not relied upon any representations made by CondomSales.com.au other than in this Agreement.
6.10 You agree to indemnify us, and hold us harmless against any such loss or damage caused by, or arising as a result of, in connection with, or as a consequence of, or in any way related to your use of this Website to purchase our Products, or your use of this Website for any other purpose, including, without limitation, to any loss or damage arising as a result of any denial of service, any inability to access the Website, any bugs or errors, or any breach of security.