4.7 GIFT VOUCHERS

Gift vouchers are only valid for a period of 12 months from the date of purchase and must be used in full by the date shown on the voucher. Please ensure the recipient checks the gift voucher to find out when to use it by.

The gift voucher can be only be redeemed for the Services stated on the gift voucher and cannot be redeemed for merchandise or cash.

The nominated Hypoxi Operator will despatch Your gift voucher as soon as You respond to the confirmation email with the recipient’s details and delivery instructions. Please double check the delivery address You provide your nominated Hypoxi Operator as it is Your responsibility to ensure it is accurate. The nominated Hypoxi Operator is not responsible if a gift voucher is used by someone other than Your intended recipient. Make sure Your intended recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. Hypoxi Operators are not responsible for any delays in delivery of the gift voucher, irrespective of how they are caused.

Hypoxi Operators cannot accept any responsibility for stolen or deleted gift vouchers. Unfortunately lost, stolen or destroyed gift vouchers will not be refunded or replaced.

All gift voucher holders will be required to complete a Client Information Form before they commence Hypoxi Services. If the nominated Hypoxi Operator identifies any health reason why the gift voucher holder should not undertake Hypoxi Services, it may at its sole discretion refuse to provide the gift voucher holder with the Services and offer You a refund. Gift voucher holders undertaking Services must monitor their physical condition at all times and not exert themselves beyond a level that is appropriate given their knowledge of their health and any medical advice they have obtained. If any unusual symptoms occur immediately they must stop what they are doing and notify their nominated Hypoxi Operator employee.

4.8 REFUNDS

As set out in clauses 4.6 and 4.7 respectively, You may be entitled to a refund if the nominated Hypoxi Operator determines at its discretion that it is not safe for You or the gift recipient intending to redeem the Services to undertake Hypoxi Services. In all other circumstances other than those imposed under Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services), the nominated Hypoxi Operator is not obliged to refund You for unwanted or unused Services.

4.9 DISCLAIMER OF LIABILITY

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions of Purchase of Services or their subject matter, not contained in these Terms and Conditions of Purchase of Services, are excluded from these Terms and Conditions of Purchase of Services to the maximum extent permitted by law.

Nothing in these Terms and Conditions of Purchase of Services excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) which contains guarantees that protect the purchasers of Services in certain circumstances.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase of Services under the Australian Consumer Law (or the Fair Trading Act 1986 (NZ) in the case of New Zealand purchases of Services) or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and We or the nominated Hypoxi Operator is able to limit the remedy for a breach of the Non-Excludable Provision, then Our or their liability for breach of the Non-Excludable Provision in the case of services, will be the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to the nominated Hypoxi Operator’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, they, nor We, are not liable for, and no measure of damages will, under any circumstances, include:

(a) special, indirect, consequential, incidental or punitive damages; or

(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.