Terms & Conditions

1. About these Terms

http://traumasimgroup.com is a website operated by Traumasim Pty Ltd (ACN 134 151 465) of 7 / 21 McDonald Crescent, Bassendean WA 6054, Australia.

These website terms & conditions (Terms) apply when you access or use the TraumaSim website, create an account, submit an enquiry, request a quote, place an order, download content, or otherwise interact with our online services.

By using this website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree, you should not use the website. You are also responsible for ensuring that all persons who access his website through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

In these Terms, “TraumaSim”, “we”, “our” and “us” means TraumaSim. “You” means the person accessing the website, placing an order, making an enquiry, or using our online services on behalf of themselves or an organisation.

2. Website use

We do not represent that content available on or through this website is appropriate for use or available in other locations. If you access this website from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the website from your location.

You may use this website for lawful personal, business, training, procurement or educational purposes only. You must not:
use the website in a way that breaches any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

• interfere with, disrupt, damage or compromise the security or operation of the website;
• attempt to gain unauthorised access to any part of the website, customer account, system or database;
• upload or transmit viruses, malware, harmful code or unlawful material;
• copy, scrape, harvest or extract website content or data except as permitted by these Terms;
• use the website or its content in a way that may damage the reputation of TraumaSim or mislead customers, distributors, partners or third parties; or
• use the website in any way that involves the reproduction, mirroring, framing, or embedding of any part of the website on another website or platform without our prior written consent.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

3. International Customers

We are based in Australia but may sell and ship products internationally.

Customers purchasing products from outside Australia are responsible for:

• complying with local laws and regulations;
• import permits or licences where required;
• customs clearance requirements;
• payment of duties, taxes, VAT, GST, tariffs, brokerage fees, and other import charges imposed by their country.

We are not responsible for delays caused by customs authorities or international shipping providers.

You are solely responsible for ensuring products may be legally imported into the destination country. We are not liable if products are confiscated, delayed, destroyed, refused entry, or returned by customs authorities.

4. Product information and training-use disclaimer

TraumaSim products are designed for medical simulation, trauma simulation, emergency response, defence, education, first aid, moulage, wound care education and related training environments. They are training aids only and are not intended for clinical treatment, diagnosis, therapeutic use, implantation, direct patient care or use as medical devices unless expressly stated in writing by TraumaSim.

Product images, descriptions, colours, dimensions, inclusions, recommended uses and technical information are provided as a guide. We aim to keep product information accurate and up to date, but errors, omissions or changes may occur.

Many TraumaSim products are handmade, hand-painted, made to order, customised or finished individually. Slight variations may occur in colour, skin tone, texture, shape, finish, detail and appearance. Colours may also vary depending on the device or screen used to view the website.

You are responsible for ensuring that products are suitable for their intended training, organisational, procurement, regulatory, import and safety requirements before purchasing.

5. Do not rely on information on this website

This website is provided on an “as is” and “as available” basis, and to the extent permitted by law, we make no representations or warranties, express or implied, regarding the operation or availability of the website.

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our website, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

6. Pricing

Prices displayed on the Website may be shown in the currency of your country or region based on your location and device settings. If we are unable to determine or support your local currency, prices will be displayed in Australian dollars (AUD). The final price and currency applicable to your purchase will be displayed before you complete your order.

For Australian customers, prices may include GST where applicable.

• For international customers:
• prices may exclude local taxes, duties, VAT, or similar charges;
• additional charges may be payable upon importation.

We reserve the right to change prices on the website at any time without prior notice.

The price payable is the price displayed at checkout at the time your order is submitted.

7. Customer Duties and Import Charges

For international shipments, customs duties, import taxes, VAT, brokerage fees, and other government charges may apply.

Unless expressly stated otherwise:

• these charges are your responsibility;
• they are not included in product prices or delivery charges.

If a delivery is refused because duties or taxes are unpaid, we may deduct associated costs from any refund.

8. Accounts and customer information

Some areas of the website may allow or require you to create an account. You are responsible for keeping your account login details confidential and for all activity that occurs under your account.

You must provide accurate, current and complete information when creating an account, placing an order, requesting a quote or submitting an enquiry. You should notify TraumaSim promptly if account or order information needs to be corrected.

We have the right to disable any user account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

9. Quotes, orders, pricing and availability

Prices, product availability, freight charges, taxes, duties, lead times and product details may change without notice, subject to applicable law.

An order placed through the website is an offer by you to purchase the selected product or service. TraumaSim may accept, suspend or reject an order at its discretion, including where a product is unavailable, a freight quote is required, a payment issue occurs, there is a genuine pricing, product description error, fraudulent activity or unauthorised transaction, or the order cannot reasonably be fulfilled.

Where a formal quote is provided by TraumaSim, the quote is valid only for the period stated on the quote. Accepted orders supersede previous estimates, draft pricing or informal discussions unless otherwise agreed in writing.

For bulk orders, distributor orders, government procurement, international supply, custom products, special projects or made-to-order items, additional terms, lead times, freight arrangements, deposits or written approvals may apply.

Additional or separate terms and conditions may also apply to specific goods, services or features of the website.

10. Payment

Payment must be made using the payment methods offered at checkout or otherwise approved by TraumaSim in writing.

Approved account customers may be able to purchase by purchase order or invoice, subject to TraumaSim approval and any agreed credit terms.

You agree to provide accurate billing, payment and contact information. If payment is declined, delayed, reversed, disputed or suspected to be fraudulent, TraumaSim may delay, suspend or cancel the order.

11. Shipping, delivery and returns

Shipping options, freight charges and estimated delivery timeframes may be displayed at checkout or confirmed separately by TraumaSim. Some items may require a manual freight quote due to their size, weight, destination, packaging requirements, fragility, made-to-order status or international shipping requirements.

Delivery timeframes are estimates only and may be affected by production lead times, stock availability, freight provider delays, customs delays, incorrect delivery details, access restrictions or events outside our reasonable control. We are not liable for failure or delay in performing obligations where such failure or delay results from circumstances beyond our reasonable control,

Returns, exchanges, repairs and refunds are handled in accordance with our Shipping & Returns Policy and applicable consumer law. Where an improper chargeback is initiated after receiving products, we reserve the right to recover amounts owed and associated recovery costs to the extent permitted by law.

Please review the Shipping & Returns Policy on our website before placing an order.

12. Risk and Title

Risk in the products passes to you when the products are delivered to the delivery address specified in the order. Where products are left in accordance with delivery instructions provided, delivery is deemed to occur when the products are left at the nominated location.

Legal ownership (title) of products remains with us until:

• full payment has been received; and
• any outstanding amounts payable have been paid in full.

13. Australian Consumer Law and consumer guarantees

Nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or protections that cannot be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

Where goods or services are supplied to a consumer under the Australian Consumer Law, they may come with guarantees that cannot be excluded. Where a product or service does not meet an applicable consumer guarantee, you may be entitled to a remedy such as repair, replacement, refund, cancellation or compensation, depending on the circumstances.

To the extent permitted by law, and where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, TraumaSim’s liability may be limited to the repair or replacement of goods, the supply of equivalent goods, or the cost of having the goods repaired or replaced; or, for services, resupplying the services or paying the cost of resupply.

14. Product Recalls and Safety

Where a product is subject to a safety recall:

• you must comply with recall instructions;
• we may provide repair, replacement, refund, or other remedies as required by law.

You must notify us promptly if they become aware of any safety issue relating to products supplied by us.

15. Intellectual property

Unless otherwise stated, all content on this website is owned by or licensed to TraumaSim. This includes text, product descriptions, photographs, images, graphics, videos, logos, trademarks, trade names, design elements, downloads, documents, website layout, product concepts and other content.

You may view, download or print website content for your own internal business, procurement, training or personal reference only. You must not reproduce, modify, publish, distribute, commercially exploit, reverse engineer, copy product designs, remove branding, or use website content for competing commercial purposes without prior written consent from TraumaSim. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

Nothing on this website grants you ownership of, or a licence to use, TraumaSim trademarks, logos, product imagery, product designs, training content or other intellectual property except as expressly permitted in these Terms.

16. Downloads, resources and technical security

Any downloadable files, catalogues, instructions, guides, images, videos or resources are provided for general information and training support only. You are responsible for ensuring downloaded material is suitable for your intended use.

While we take reasonable steps to maintain website security, to the extent permitted by law, we do not guarantee that the website, downloadable files, linked content or third-party platforms will always be free from viruses, malware, defects, interruptions or security vulnerabilities.

You are responsible for using appropriate cybersecurity, anti-virus and backup measures when accessing the website or downloading material.

17. Third-party websites, platforms and integrations

The website may contain links to third-party websites, platforms, payment gateways, freight providers, analytics tools, ecommerce tools, marketing platforms, social media platforms or embedded content.

Third-party websites and platforms are not controlled by TraumaSim. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We are not responsible for their content, availability, security, privacy practices, terms, policies, representations or performance.

Your use of third-party websites or platforms may be subject to separate terms and privacy policies provided by those third parties.

18. Privacy, cookies and marketing

TraumaSim handles personal information in accordance with our Privacy Policy, available on our website.

We may use cookies, pixels, analytics, remarketing tools, email marketing platforms, ecommerce tools and social media platforms to operate the website, process orders, improve user experience, measure performance and communicate with customers and subscribers.

By using the website, you acknowledge that cookies and similar technologies may be used as described in our Privacy Policy and cookie notices. You may be able to disable cookies through your browser settings, although some website functions may not work properly if cookies are disabled.

19. Limitation of liability

In no event will we, our affiliates or licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content on our website or such other websites or any services or items obtained through our website or such other websites, including any indirect, incidental, special, consequential or economic loss, loss of profit, loss of revenue, loss of data, loss of opportunity, business interruption, reputational harm, or loss and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Where liability cannot be excluded by law, TraumaSim’s liability is limited to the maximum extent permitted by law.

This clause does not limit any rights or remedies you may have under the Australian Consumer Law or other laws that cannot be excluded. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

20. Indemnity

To the extent permitted by law, you agree to indemnify TraumaSim against loss, damage, liability, claim, cost or expense arising from your misuse of the website, breach of these Terms, infringement of intellectual property rights, unlawful conduct, or unauthorised use of TraumaSim content, systems or accounts.

21. Suspension, changes and availability

TraumaSim may update, modify, suspend, withdraw or restrict access to all or part of the website at any time, including for maintenance, security, operational, legal or business reasons. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.

We may update these Terms from time to time. The latest version will be published on the website. Every time you wish to use this website, please check these Terms to ensure you understand the Terms that apply at that time. Your continued use of the website after changes are published means you accept the updated Terms.

22. Governing law

These Terms are governed by the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

23. Contact TraumaSim

For questions about these Terms, please contact:

TraumaSim
Unit 7, 21 McDonald Crescent
Bassendean WA 6054
Australia
Email: [email protected]