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TERMS AND CONDITIONS

The Terms of Use below govern your use of our website located at https://mediquestaustralia.com.au (Site) and engagement with Mediquest Pty Ltd (ABN 72 103 927 036) (Mediquest), and form a binding contractual agreement between you, the user of the Site, and us (Agreement).

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For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site or engage with us. You can contact us by email at: info@mediquestaustralia.com.au

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TERMS OF USE

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

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1.1       Licence to use Site

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

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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.

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You must not add any content to the Site:

  1. unless you hold all necessary rights, licences and consents to do so;

  2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

  3. that is or could reasonably be considered to be 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;

  4. that would bring us, or the Site, into disrepute; or

  5. that infringes the intellectual property or other rights of any person.

 

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website.

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You acknowledge and agree that:

  1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

  2. the Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

 

1.2       Intellectual Property Rights

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.

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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, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

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You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

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The licence in this section will survive any termination of these Terms.

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You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section.

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1.3       Warranties

You represent and warrant to us that:

  1. you have the legal capacity to enter these Terms; and

  2. you have complied with these Terms.

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1.4       Provisions of Goods and/or Services

You expressly acknowledge and agree that any goods and/or services that are purchased, order or otherwise requested by you using the Site are provided by us on the terms and conditions contained in our General Terms of Sale at Part II below.

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1.5       Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

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To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

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We do not give any representation or warranty of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site and you expressly agree that your use of this Site is at your own risk.

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To the full extent permissible by applicable law, we disclaim all warranties, express or implied, and do not warrant that our 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 this Site, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.

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These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  1. in the case of goods:

    1. the replacement of the goods or the supply of equivalent goods;

    2. the repair of the goods;

    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    4. the payment of having the goods repaired, and

  2. in the case of services:

    1. the supply of the services again; or

    2. the payment of the cost of having the services supplied again.

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1.6       Termination

These Terms terminate automatically if, for any reason, we cease to operate the Site.  We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

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1.7       General

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are 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.

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Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

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This Agreement is governed by the laws of the State of New South Wales, Australia and each party submits to the jurisdiction of the courts of the State of NSW, Australia.

 

1.8       Amendment

We may amend any term of this Agreement in its unfettered discretion from time to time by putting a notice on the Site that the terms of this Agreement have been amended. If you continue to use the Site after we provide notice that the terms of this Agreement have been amended, the Parties agree that your conduct in continuing to use the Site after receiving notice of the amendments shall be deemed to constitute acceptance to be bound by the amended terms and conditions.

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TERMS OF SALE

This Agreement is entered into between us and you, together the Parties and each a Party.

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1          Goods

 

1.1    In consideration of your payment of the Price, we will provide the Goods in accordance with this Agreement, whether ourselves or through our Personnel.

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1.2   If this Agreement expresses a time within which the Goods are to be supplied, we will use reasonable endeavours to provide the Goods by such time, but you agree that such time is an estimate only.

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2         Engagement

 

2.1  Nothing in this Agreement creates an exclusive relationship between you and us, and we may, at any time, enter into arrangements with any other person to supply the same or similar goods as the Goods (including the supply of goods the same or similar to the Goods).

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3         Orders

 

3.1   This Agreement constitutes a “standing offer” under which, during the Term, you may order Goods from us under separate Orders.

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3.2   You may issue a request for us to provide Goods online, by email or by any other process which we may advise to you, from time to time (Order Request).

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3.3    We may, in our discretion (and subject to any minimum order quantities for the Goods), accept or reject an Order Request. If we accept the Order Request, we will provide you with a formal Order, and once the Order is agreed by both Parties in writing it will be binding in accordance with the terms of this Agreement and the Order.

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3.4    An Order which has been accepted by us may only be amended if the Parties have agreed in writing.

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3.5    Each Order is subject to, and will be governed by, this Agreement and any other conditions agreed to by the Parties in writing. To the extent of any ambiguity or discrepancy between an Order and this Agreement, the terms of this Agreement will prevail.

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4         Obligations

 

4.1   You agree to:

  1. not commit any act or omission, directly or indirectly, which may bring us (or our goods or services, Personnel, customers or Group Companies) into breach of any Law, the subject of any Liability, or into disrepute;

  2. comply with all applicable guidelines, codes and policies developed by the Pharmacy Board of Australia;

  3. promptly provide us with any information that affects, or may reasonably affect, us, our goods or services, our Personnel) upon becoming aware of such information.

 

4.2 Forecast: Before the end of each calendar month, you agree to give to us an accurate three-month rolling forecast of your purchase demand for the Goods.

 

4.3 If a Party receives any correspondence or inquiry from a regulatory authority or government agency in relation to the Goods, it must, to the extent permitted by law:

  1. promptly notify the other Party in writing, and in any event no later than 24 hours after receiving the correspondence or being made aware of the inquiry; and

  2. forward to the other Party copies of any correspondence from any regulatory authority or government agency relating to the Product.

 

4.4 For the avoidance of doubt, an adverse event is any harmful, noxious or unintended response to a Good, whether or not a causal relationship is established. Nothing in this clause 4 negates or fulfills any of a Party’s obligations to report adverse events to regulatory authorities in accordance with applicable Laws.

 

4.5 Both Parties warrant that they will report adverse events to regulatory authorities in accordance with applicable laws.

 

5       Delivery or Collection

 

5.1 We agree to be responsible for delivering the Goods to you through our delivery partners, and will use reasonable endeavours to deliver the Goods to the delivery location by the delivery time as agreed between the Parties.

 

5.2 As between the Parties, you agree to pay for the reasonable costs of delivering the Goods, including but not limited to any insurance, tariffs, duties or other such charges that may apply to the Goods (Delivery Price) where applicable and set out in the relevant Order. 

 

6       Title and risk

 

6.1 Title in the Goods will only pass to you on the date that you pay the Price in full in accordance with this Agreement.

 

6.2 Risk in the Goods will pass to you when we have delivered the Goods to the delivery location agreed between the Parties.

 

7       Price and Payment

 

7.1 You agree to pay us the Price and any other amount payable to us under this Agreement, in accordance with the Payment Terms:

  1. the purchase price of the goods ordered;

  2. the delivery/shipping fee provided to you;

  3. any other fees and charges set out in these Terms of Sale.

 

7.2 Mediquest Australia in its absolute discretion reserves the right to:

  1. vary the price of any Goods (whether it be the wholesale or recommended retail price);

  2. where a price variation occurs, we may provide a written notice of a variation to the price of any goods, however we are not obligated to notify you of any variation other than by updating the ordering platform.

 

7.3 For all transactions:

(a) We will provide you with a tax invoice in accordance with the GST Law for payment of the Goods;

(b )Payment must be made by you to us by way of electronic transfer to an account nominated by us within 14 days from receipt of a valid tax invoice. For the avoidance of doubt, we may agree to accept payment in an alternative method, but we are not obligated to do so;

(c) Where a Customer statement shows an aggregate order volume exceeding $5000 in any calendar month, the parties agree that the payment terms are 14 days from the end of the month for all invoices raised during that month.

 

7.4 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

  1. after a period of 5 Business Days, cease providing the Goods, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

  2. charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms.

 

8      Wholesale Returns

 

8.1 All Goods will need to meet these requirements to qualify for a return, failing which we reserve the right to deny a return or credit request.

(a) be submitted to us by email to info@Mediquest.com.au with sufficient details for Mediquest to be able to process the request;

(b) match the same name, quantity, batch number, and expiry as the Goods ordered and submitted on the returns form; and

(c) have sufficient protective packaging so as the Goods do not get damaged in transit.

 

8.2A return may be submitted for damaged or faulty Goods, within thirty (30) days of receipt of the Goods, for Goods that:

(a) are leaking;

(b) are opened;

(c) have a broken seal or lid,

(d) contain a faulty product; or

(e) does not meet the standard quality which has been validated.

 

8.3 For any damaged or faulty returns which comply with this clause, we may send a pre-paid envelope/returns label or credit your account for an amount equal to the applicable postage costs, and the wholesale price.

 

9       Patient Returns

 

9.1 All Goods will need to meet the following requirements including clause 8.1 to qualify for a return, failing which we reserve the right to deny a return or credit request.

(a) be returned by the patient within seven (7) days of the Goods being dispensed to the patient;

(b) weigh more than 95% of the original minimum weight of the goods;

(c) be used not more than once by the patient;

 

9.2 Mediquest offers patients a 100% quality and satisfaction assurance. Any patient not fully satisfied with their Goods may return their Goods for refund or replacement, whereby;

(a) Mediquest will credit the customer’s account the equivalent of the RRP, and any applicable shipping charges;

(b) the customer will be responsible for destroying the Goods responsibly and in accordance with the Poisons and Therapeutic Goods Regulation Act 2008, and confirm in writing to Mediquest that destruction has occurred.

 

10      Warranties and Representations

 

10.1 Each Party represents, warrants and agrees that:

  1. it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and to carry on its business;

  2. it will comply with all applicable Laws regarding where relevant, the purchase, storage and supply of the Goods; and

  3. that this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

 

10.2 You represent, warrant and agree:

(a) that you are a pharmacy registered with the Pharmacy Board of Australia and hold all licences required to operate as a pharmacy, and you will maintain the registration throughout the Term;

(b) to promptly let us know of any changes to your registration;

(c) that all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;

(d) if you become aware of any actual or potential conflict of interest between this Agreement or the provision of the Goods and any other business relationship you have or may have, you must inform us in writing and take reasonable steps to resolve the conflict to our satisfaction;

(e) to effect and maintain (at a minimum) the Required Insurances at your sole cost and expense;

(f) you will store, use and dispense the Goods in compliance with all applicable Laws including but not limited to the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods (Poisons Standard—July 2023) Instrument 2023 (Cth), and any legislation, regulations or guidelines issued by the Therapeutic Goods Administration (TGA); and

(g) you hold all qualifications, certifications, permits, approvals, licences, accreditations and other things required to store, use, dispense and sell the Goods.

 

11       Confidentiality

 

11.1 Each Receiving Party agrees:

  1. not to disclose the Confidential Information of the Disclosing Party to any third party (subject to subclause 9.1(c));

  2. to protect the Confidential Information of the Disclosing Party from any loss, damage or unauthorised disclosure;

  3. to only disclose the Confidential Information to those of its Personnel who need to know the Confidential Information in connection with this Agreement, provided those persons keep the Confidential Information confidential in accordance with this clause 9; and

  4. to only use the Confidential Information of the Disclosing Party for the purpose of performing obligations, or exercising rights or remedies, under this Agreement.

 

11.2 The obligations in clause 9.1 do not apply to Confidential Information that:

  1. is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;

  2. is authorised in writing to be disclosed by the Disclosing Party;

  3. is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement or other duty of confidence; or

  4. must be disclosed by Law or by a regulatory authority, including under subpoena, provided that (to the extent permitted by Law) the Receiving Party has given the Disclosing Party notice prior to disclosure.

 

11.3 Each Party acknowledges and agrees that monetary damages may not be an adequate remedy for a breach of this clause 9. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 9.

 

11.4 This clause 9 will survive the termination of this Agreement.

 

12      Australian Consumer Law

 

12.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Goods by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in this Agreement excludes those Consumer Law Rights. 

 

12.2 Subject to your Consumer Law Rights, we exclude all express and implied warranties and representations, whether in statute, at Law or any other basis, including but not limited implied warranties of merchantability or fitness for a particular purpose.

 

12.3 This clause 10 will survive termination or expiry of this Agreement.

 

13      Liability

 

13.1 To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with: 

  1. any property loss or damage, or personal injury or death, caused by your (or your Personnel’s) use of the Goods;

  2. any infringement by you or any of your Personnel of the Intellectual Property Rights of us or a third party; or

  3. any breach by you (or any of your Personnel) of clauses 8 (Warranties and Representations),  9 (Confidentiality), 14.10 (Intellectual Property) or 14.12 (Privacy) under this Agreement or any Law.

 

13.2 Despite anything to the contrary, to the maximum extent permitted by law: 

(a) neither Party will be liable for any Consequential Loss;

(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including a failure to mitigate its loss; and

(c) our maximum aggregate Liability arising from or in connection with this Agreement will be limited to the Price paid by you to us in respect of the supply of the relevant Goods in the 12 months immediately preceding the relevant Liability.

 

13.3 This clause 11 will survive the termination or expiry of this Agreement.

 

14       Term and Termination

 

14.1 This Agreement will operate for the Term.

 

14.2 Either Party may terminate this Agreement at any time by giving 30 days’ notice in writing to the other Party.

 

14.3 This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

  1. the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

  2. (to the extent permitted by the Corporations Act 2001 (Cth)) any step is taken to enter into any arrangement between the Defaulting Party and its creditors; any step is taken to appoint a receiver, a receiver and manager, a liquidator, a provisional liquidator or like person of the whole or any part of the Defaulting Party’s assets or business; or the Defaulting Party becomes unable to pay its debts as they become due; or the Defaulting Party (being a natural person) is declared bankrupt or dies.

 

14.4 Upon expiry or termination of this Agreement:

  1. we will immediately cease providing the Goods;

  2. you agree that any payments made by you to us for Goods already provided are not refundable to you;

  3. you are to pay for all Orders placed prior to termination, including Orders which have been fulfilled but have not yet been invoiced to you, and all other amounts due and payable under this Agreement;

  4. by us pursuant to clause 12.3, you also agree to pay us our additional costs reasonably incurred, and which arise directly from such termination (including recovery fees);

  5. we may retain your documents and Confidential Information (including copies) to the extent required by law or regulatory requirements or pursuant to any information technology back-up procedure, provided that we keep the Confidential Information confidential in accordance with clause 9; and

  6. you agree to promptly return (where possible), or delete or destroy (where not possible to return), any Confidential Information, documentation or material owned by us that is in your possession or control.

 

14.5 Unless otherwise agreed between the Parties, if this Agreement is terminated, then any outstanding Orders will continue in accordance with the terms of the Order (and this Agreement) until such time as the Order is complete or the Order is otherwise terminated in accordance with its terms. 

 

14.6 Termination of this Agreement or an Order will not affect any rights or liabilities which a Party has accrued under it.

 

14.7 This clause 12 will survive the termination or expiry of this Agreement.

 

15       GST

 

15.1 If GST is payable on any supply made under this Agreement, the recipient of the supply must pay an amount equal to the GST payable on the supply.  That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.

 

15.2 If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.

 

15.3 If the recipient is required under this Agreement to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.

 

15.4 The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

16      General

 

16.1 Amendment: This Agreement may only be amended by written instrument executed by the Parties.

 

16.2 Assignment: Subject to clause 14.3, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

 

16.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

 

16.4 Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

 

16.5 Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 14.5. The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.   If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties) either Party may:

  1. where both Parties are incorporated in Australia, refer the matter to mediation administered by the Australian Disputes Centre in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation; or

  2. where one Party is incorporated outside of Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

 

16.6 Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

 

16.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

 

16.8 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

  1. as soon as reasonably practical, notifies the other party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

  2. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

 

Where the Force Majeure Event prevents a Party from performing a material obligation under this agreement for a period in excess of 60 days, then the other Party may by notice terminate this Agreement, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.

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16.9 Governing law: This Agreement is governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Parties agree that the U.N. Convention on Contracts for the Sale of International Goods is excluded from application to this Agreement.

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16.10 Intellectual Property: Nothing in this Agreement constitutes a transfer or assignment of one Party’s intellectual property to the other Party.

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16.11 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

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16.12 Privacy: Both Parties, at all times, agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable privacy laws applicable.

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16.13 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties. You must not in any way or for any purpose bind us to any liability, or undertake or accept any obligation or benefit on behalf of or in our name, without our prior written consent. 

 

16.14 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

 

16.15 Subcontracting: You agree to not subcontract any of your obligations under this Agreement (including the Distribution of the Goods) without our prior written consent, which may be withheld at our absolute discretion.  You agree that any approval to subcontract given by us does not discharge you from any Liability under this Agreement and you are liable for the acts and omissions of the subcontractor.

 

16.16 Taxes: The Price is exclusive of any tax imposed by any government, state or local authority on the value of goods and/or services and includes goods and services tax, sales tax, use tax, indirect tax, value added tax, excise tax, customs tax, tariffs and duties (Sales Tax), which will be your responsibility to pay. If we are required to pay any Sales Tax in relation to the Goods supplied under this Agreement, the applicable Sales Tax will be set out in the invoice provided to you and the Price payable by you under this Agreement must be increased by the applicable Sales Tax. This clause 14.16 shall not apply to any taxes imposed on our net income.

 

17      Definitions and Interpretation

 

17.1 Definitions

If this Agreement is signed by any person or entity using an electronic method of signing that identifies the person and indicates their intention to sign the Agreement (an Electronic Signature), the Parties:

  1. Agree to enter into this Agreement in electronic form;

  2. Agree to submit and receive orders in electronic form; and

  3. Consent to any or all Parties signing the Agreement using an Electronic Signature.

 

When you use any of the Mediquest Websites or send e-mails, text messages, and other communications to Mediquest, you are communicating with Mediquest electronically. Mediquest communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting e-mail messages or communications on the website or through the other services, such as Mediquest’s messaging system. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

The Parties agree that by accepting these terms and conditions via electronic checkbox, they are using an electronic method indicating their intention to sign the Agreement.

Part II
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