Our Service
Lasertrade acts as a service provider for customers looking to sell their pre-owned medical devices, and individuals interested in buying pre-owned medical devices, through an online marketplace. This site is operated by LASERTRADE INTERNATIONAL TRADING LTD. PTY., (ACN: 643 006 768) which has offices in Melbourne, Victoria.
Introduction
Before you use the Lasertrade website you must read, agree with and accept all of these Terms and Conditions of Use, and Lasertrade’s policies, including its Privacy Policy, Shipping Policy and Device Consignment and Sale Agreement. These policies change from time to time, and they form part of these Terms and Conditions of Use.
Lasertrade reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (www.lasertrade.com.au). If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Lasertrade website.
If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Lasertrade website.
Definitions
| Seller | Seller is defined as the person who owns the original device, has the right to sell the device, and is selling the device via the Lasertrade website. |
| Buyer | Buyer is defined as the person who has made a purchase on the Lasertrade website through our sales process. |
| User | User is defined as any person, who browses or uses the Lasertrade website for any purpose. |
| Content | Content is defined as data, text, images, usernames, graphics, photos, profiles or links or any other information whatsoever that is posted by Lasertrade or a user of the website. |
| Device | Device is defined as any medical device that is offered for sale on or sold via the website. |
In these terms and conditions, “us”, “we” or “our” means LASERTRADE INTERNATIONAL TRADING LTD. PTY. It is important to us that you understand these terms and conditions which relate to your use of https://www.lasertrade.com.au/ and the App (the “Site &/or App”). If you have any questions, please contact us via the Contact Us page.
1) Agreement
a) By accessing and using the Site &/or App, you agree to be bound by these terms and conditions, our Privacy Policy, Shipping Policy and Device Consignment and Sale Agreement. and any other terms and conditions, notices and disclaimers displayed elsewhere on the site relating to your use of the Site &/or App (“Terms of Use”).
b) We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site &/or App. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site &/or App after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of the Site &/or App, your only remedy is to immediately discontinue your use of the Site and/or App.
2) Service and features
a) We will not charge you through the website – it merely serves to provide you with information about us and the type of work we may do for you. You will be invoiced directly by us by email or post.
b) We will provide you with a quote for the products you request and this quote will include our service fees. The quote will remain valid for a period of 10 days from the date the quote is issued to you.
c) All purchases and postage costs are to be paid for by you prior to the products being shipped.
d) Risk passes to you upon your payment of the goods. Therefore, you are responsible for any damage incurred during shipping and you elect to take out insurance cover or otherwise at your own risk. To the extent permitted by law, we disclaim any liability for items damaged after risk has passed, where the goods are not insured, or fall outside the scope of the insurance policy.
e) We will maintain relevant insurances for any professional advice-related work and ensure all services are of a professional standard and performed in accordance with the instructions you provide which must be clear, accurate and complete.
f) To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality.
g) We do not facilitate refunds for change of mind so please choose carefully.
h) Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use.
i) Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site or terminate your membership in accordance with the Terms of Use.
j) In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.
k) While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
l) We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.
m) Should you choose to transfer funds to an account nominated by us, please ensure that you call us to confirm the account details provided to you if you are transferring an amount over $500 to as to minimize any incidents of hacking or fraud.
n) You understand that we are not a supplier but are an intermediary buying agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products from third parties suggested to you through our service. Although we will provide you with reasonable customer assistance where a third party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time. We agree to facilitate returns for defective goods, however will not be liable for the value of the defective goods, as your contract of purchase will be directly with the third party supplier.
o) We reserve the right to refuse service to anyone at any time and at its absolute discretion.
p) We reserve the right to modify, terminate or suspend accounts, at any time, at its discretion, and without prior notice.
q) We reserves the right to terminate the service at any time and at our absolute discretion without prior notice.
r) Upon termination, any rights granted by the Seller to Lasertrade under this agreement immediately revert to the Seller.
3) Returns
a) We do not facilitate refunds for change of mind, change of your financial situation or circumstances, so please choose carefully.
b) To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality.
c) Where the item you have purchased is faulty or significantly different to the item pictured on the website, please contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws.
d) Where you have chosen a product which is the wrong size, or a different size to what you ordered, provided the item is in merchantable condition complete with tags attached, and wrapping intact, no marks or damage, we will use best endeavours to provide you with an exchange for the correct size. This excludes items such as swimwear, underwear and other items due to hygiene reasons. If you chose the wrong size, you will be responsible for postage to return the new item to you once we receive the returned item in merchantable condition. If you chose the correct size but we packaged the incorrect size, we will cover the cost of postage of the correct size to you once we receive the returned item in merchantable condition.
e) In the event we sell perishable products with a short shelf life (of less than a month) now or in the future, subject to the consumer law, we do not offer an exchange unless the product was expired or within 2 days of expiry upon receipt by you and the limited shelf life was not advised to you upon purchase.
4) Subscriptions & Payment Plans
a) We do not offer subscriptions or Payment Plans at this point in time.
5) Use of the Site &/or App and prohibited activities
a) You agree not to use the Site &/or App (or contact any other member of our Site &/or App) to:
i) defame, abuse, harass, stalk, threaten or otherwise offend others;
ii) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
iii) impersonate or create a profile for any person or entity;
iv) promote, or provide information about, illegal activities or conduct;
v) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
vi) exploit any person under the age of 18, or to solicit information from anyone under 18; or
vii) solicit money, passwords or personal information from any person.
b) You also agree not to
i) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App;
ii) “frame” or “mirror” any part of the Site &/or App without our prior written authorization;
iii) use code or other devices containing any reference to the Site &/or App to direct other persons to any other web page;
iv) except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or cause any other person to do so.
c) The Site &/or App are for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The Site &/or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site &/or App is prohibited.
d) We have no obligation to monitor any member’s use of our Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
6) Online Payment
a) We may provide a third-party payment facility service provider for you to pay for any services from us and you agree to operate in accordance with the terms of that payment gateway or facility.
b) We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
c) We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.
d) If you have an issue with the third-party payment facility, please make contact with us and we will assist where possible to have it resolved.
7) Intellectual property
a) We own and retain all proprietary rights in and relating to the Site &/or App. Proprietary rights in and relating to the Site &/or App must not be used in any way without our prior written consent.
b) You warrant that any Content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any other means, will not infringe the intellectual property rights of any third party.
c) Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
d) No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own Content, without the express written permission of the relevant owner.
e) If you believe that any Content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.
f) The Lasertrade logo is a trademark of Lasertrade.
i) Use of the Lasertrade logo is not authorised without express written permission from Lasertrade.
8) External activities
a) From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
b) External Activities may be subject to separate terms and conditions.
c) You acknowledge that you participate in any External Activities entirely at your own risk.
d) In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
e) In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
9) Third party websites and advertising
a) From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.
b) From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
10) Limitation of liability and indemnity
a) You acknowledge that you use the Site &/or App at your own risk.
b) You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App, or any other members’ or third party suppliers’ use of or conduct in connection with the Site &/or App, in any circumstance.
c) You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App, including any breach by you of the Terms of Use.
d) To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App.
e) To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App purchased by you during the term of your membership.
f) In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
g) We offer an “as is” service. We do not supply any warranties in relation to content represented on the our website.
11) Prices and sales practice
a) All prices shown on the Lasertrade website are in Australian Dollars (AUD).
b) Prices of devices shown on the Lasertrade website are set at the discretion of the Seller.
c) All devices prices displayed on Lasertrade must be equal to, or lower than offered for sale elsewhere.
d) This means Sellers explicitly agree to not price devices listed on Lasertrade at a lower price on personal websites & other online or offline marketplaces.
e) You are required to complete all sales on Lasertrade which come from a Lasertrade lead.
i) Best practice for Sellers who receive direct enquiries is to ask where the potential Buyer discovered their devices.
ii) In cases where the Buyer advises Lasertrade then the Seller should direct the Buyer to complete the transaction through Lasertrade.
h) You agree to pay the commission on the terms of this site if your device is sold to a person introduced to you by Lasertrade.
12) Service region
a) Lasertrade services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia.
13) Age and responsibility
a) You represent and warrant that they you are of sufficient legal age to use the Lasertrade website and to create binding legal obligations for any liability you may incur as a result of the use of the Lasertrade website
b) You agree to be responsible for all of your use of the Lasertrade website.
c) You agrees to supervise all usage by minors of the website under their name.
14) Taxation responsibility
a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this agreement
i) We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the device. This may include GST and other transactional taxes.
b) We will not collect or pay taxes on your behalf as we are merely acting as an agent in facilitating the sale of your product to the customers.
c) You authorise us to deduct the base amount (which includes Lasertrade’s margin for facilitation services, including tax where applicable) from the sales proceeds for your device before distributing your margin (which will include tax where applicable).
i) The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable.
ii) You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your device together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.
d) If you have an Australian Business Number (ABN) you may submit your ABN to the website where requested.
i) If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to provide more information about the circumstances under which you are offering your device for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you.
ii) If this is not provided you permit Lasertrade in its capacity as agent to withhold the highest rate of tax (currently 47%) from any payments due to you.
e) You are required to notify Lasertrade if you are registered for GST, as such any payment price set by you will be inclusive of GST.
i) Lasertrade will issue a tax invoice on your behalf and will ensure any copies of the invoices will also be sent to the Seller.
ii) By using the Lasertrade platform to sell your device, you agree that you will not issue an invoice to the member seperately.
f) For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
15) Disputes and release
a) We are released from any claims arising from disputes between users of the website, including disputes between Sellers and Buyers, between Sellers and Sellers, and between Buyers and Buyers.
16) Communication between Sellers and Buyers
a) When communicating with a Seller or Buyer directly via Lasertrade, you agree to be respectful and fair to the other party.
b) If any participant is found to be abusive, we reserves the right to intervene and discontinue the accounts of participants involved.
17) Disclaimer
a) Lasertrade does not represent or guarantee that the Lasertrade service or the Lasertrade website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses.
b) Lasertrade does not represent or guarantee that access to the Lasertrade service or these websites will be uninterrupted.
c) The user acknowledges that the Lasertrade service or the Lasertrade website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Lasertrade’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
e) Lasertrade does not warrant that any users’ uploads to this website will be protected against loss or misuse or alteration by third parties. Lasertrade does not warrant that all uploaded content will be available on our website.
f) If Lasertrade elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.
g) Lasertrade reserves the right to cancel and refund any sale made through the Lasertrade website.
h) It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
i) Lasertrade does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.
j) To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
i) if the breach relates to goods:
1) the supply of equivalent goods;
2) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
3) the payment of the cost of having the goods repaired; and
ii) if the breach relates to services:
1) the supplying of the services again; or
2) the payment of the cost of having the services supplied again
k) This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
18) General
a) No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or App.
b) The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or App.
c) If any provision of the Terms of Use is held to be invalid, the remainder of the Terms of Use shall continue in full force and effect.
d) You agree that the Terms of Use will be governed by the laws of Victoria.
