Welcome to the website of Medtracos Pty Ltd trading as “H. E Kugelman & Co” (ABN 95 621 302
501) (“we”, “us” or the “Company”), the oldest surviving herbal company in Australia. We seek to
continue our legacy of supplying our customers with high-quality herbal products through the 21st
century and onwards.
This website is located on the web via the domain https://kugelmans.com and includes all of the files
located in that domain (“this site”).
use of this site.
(located at https://kugelmans.com/privacy-policy) and our Returns Policy (located at
https://kugelmans.com/returns-policy), which are incorporated by reference into these Website Terms
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you
represent and warrant to the Company that you are over the age of 18 years. Should the Company
suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the
right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company
reserves the right to, without notice:
• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide
products or services to you if:
− the Company is unable to verify or authenticate any information that you provide to us; or
− the Company believes that your actions may cause damage and/or legal liability to the
Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the
Company, at its sole and absolute discretion, regards in any way to be objectionable or in
violation of any applicable law, any person’s intellectual property rights or these Website
You indemnify and hold harmless the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages
(including actual, special, indirect and consequential losses or damages of every kind and nature,
including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising
out of, or in any way related to (directly or indirectly):
• any material or information that you submit, post, transmit or otherwise make available
through this site;
• your use of, or connection to, this site; or
or the rights of any person.
Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have
Username and password
Upon registration with this site, you will be issued with a username and password to access your
account. You are responsible for maintaining the security of your password for this site. The Company
will not be liable for any loss or damage arising from or in connection with your failure to comply
with this security obligation. You agree that the Company will be entitled to assume that any person
using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any
password or any other breach of security.
provide the Company with:
• a valid email address;
• accurate billing and contact information (including your street address and the name and
telephone number of your authorised billing contact and administrator); and
• any other information that may be required by the Company during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you,
including the information provided by you through our account registration module or entered into
your account profile, is true and not misleading and does not violate any applicable law or regulation
or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or
other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with
this site at its discretion.
Order constitutes offer
By placing an order through this site, you make an irrevocable offer to us to purchase the
contained in this site constitutes an invitation to treat only. No information in this site constitutes an
offer by us to supply any products/services to you – however, the Company will endeavour to supply
your selected products/services to you.
We will not commence processing any order made through this site unless and until:
• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to
verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
cancel all or part of your order; and
• at any time:
− refuse to provide products or services to you;
− terminate your access to this site; and/or
− remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when the Company:
• in the case of physical items, sends the requested items to you, at the time at which the items
are despatched by the Company, and title to, and risk in, the items will pass from the Company
to you at that time. After the items have been sent, we will send you an email confirming that
shipment has taken place; or
• in the case of services, either:
− provides the services to you, at the time at which the Company commences providing the
− notifies you in writing that your order has been accepted, at the time at which such notification
is sent by the Company.
The Company reserves the right to change the prices for products/services displayed in this site at any
time before you place an order.
Shipping costs will depend upon the location for delivery and the items purchased and are shown
separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to
be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax
System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card (Visa or MasterCard only)
processed online securely through Square.
Square payment solution
The Company uses the third-party payment solution provided by Square Au Pty Ltd
(ABN 38 167 106 176) trading as “Square” for its secure online payment transactions. Payments made
information about Square, see the Square’s website (https://squareup.com/au/en).
Unless you expressly consent otherwise, we do not see or have access to any personal information that
you may provide to Square, other than information that is required in order to process your order and
deliver your purchased items to you (eg, your name, email address and billing/postal address).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards
issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by
credit card, in which case the additional charges will be specified at checkout.
Refunds and other remedies
site are non-refundable. Further information on the steps that the Company will take to remedy any
breach of any non-excludable condition or warranty/guarantee is provided under the heading
While our website hosting providers employ secure technology for transactions with our customers,
we will not be responsible for any damages, including consequential losses (whether direct or
indirect), that may be suffered by a customer whose credit or debit card or bank account information is
used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or
other identification documentation, as part of our internal validation procedures. These procedures
help protect bank and credit card account holders from online fraud. Until your order has passed our
internal fraud prevention checks, your order will remain on pending status. If further information is
requested and you do not provide the requested information within such time as the Company
considers appropriate at its discretion, your order will be cancelled and, if your payment has been
received, it will be refunded back to you.
• this site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video
files and other information contained in this site, and the selection and arrangement thereof);
• all software, systems and other information owned or used by the Company in connection with
the products and services offered through this site (whether hosted on the same server as this
site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected
by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare
derivative works from any of the Proprietary Content, except as expressly authorised by these Website
You may download and print out content from this site only for your own personal and noncommercial use and provided that you do not remove or modify any copyright, trademark or other
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the
trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and
trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent
of the Company
posted or otherwise added to this site by any user, such as comments, forum posts, chat room
messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company
reserves the right to display, refuse to display, remove and/or amend all or any part of any User
Content at its absolute discretion. In respect of any User Content that you upload, you:
• represent and warranty to the Company that your sharing of that User Content does not
infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, modify, adapt, prepare
derivative works of, publicly display, publicly perform and otherwise exploit all or any part of
that User Content in any way at the Company’s absolute discretion
If you believe that our site contains any material that infringes upon any copyright that you hold or
control, or that users are directed through a link on this site to a third party website that you believe is
infringing upon any copyright that you hold or control, you may send a notification of such alleged
infringement to us in writing. Such notification should identify the works that are allegedly being
infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
In response to such a notification, we will give a written notice of a claim of copyright infringement to
the provider of the allegedly infringing material. If the provider of that material does not respond to us
in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove
or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that
material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably
practicable, send a copy of that response to the original notifying party. If the original notifying party
does not, within a further 14 days, file an action seeking a court order against the provider of the
allegedly infringing material, we may restore any removed or blocked material at our discretion. If the
original notifying party files such a legal action, we will remove or block the allegedly infringing
material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS,
EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES
EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES
(WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS
SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH
THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the
Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no
representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth,
availability, accuracy or completeness of this site or any of its content, and in particular do not
represent, warrant or guarantee that:
• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination
with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable,
accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained
through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents,
consultants, licensors, partners and affiliates exclude all liability to you or any other person for any
loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or
otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive,
exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill)
this site by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents,
consultants, licensors, partners and affiliates expressly limit their liability for breach of any nonexcludable condition or warranty/guarantee implied by virtue of any legislation to the following
remedies (the choice of which is to be at the Company’s sole discretion):
• in the case of goods, to any of the following:
− the replacement of the goods or the supply of equivalent goods;
− the repair of the goods;
− the payment of the cost of replacing the goods or of acquiring equivalent goods; or
− the payment of the cost of having the goods repaired; and
• in the case of services:
− the supply of the services again; or
− the payment of the cost of having the services supplied again.
You agree that your use of this site is at your own discretion and risk. You agree to release the
Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any
claim, demand or cause of action that you may have against any of them arising from these Website
as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website
control of the Company, and the Company shall be entitled to a reasonable extension of time for the
performance of such obligations.
• headings are for reference purposes only and in no way define, limit or describe the scope or
because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a
partnership, an unincorporated body, an association, a government body or any other entity;
• the meaning of general words is not limited by specific examples introduced by “including”,
“for example”, “in particular” or similar expressions.
and/or by adding the notification into your user control panel.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website
to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website
entitled to the benefit of that power or right and is effective only to the extent set out in that written
waiver. Any failure by the Company to act with respect to a breach by you or others does not waive
the Company’s right to act with respect to that breach or any subsequent or similar breaches.
may be removed and the remaining provisions shall be enforced.
site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective
immediately. Your continued usage of this site will mean you accept those amendments. We reserve
the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on
any aspect or content of this site or the products/services offered through this site.
Governing law and jurisdiction
irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal
Schedule 1 – Prohibited conduct
YOU MUST NOT:
• use any device, routine or software that interferes, or attempt to interfere, with the proper
working of this site;
• engage in any action that requires, or may require, an unreasonable or excessively large load
on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses
or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate
the security of any computer network;
• use this site to violate any applicable local, state, national or international law, to engage in
any misleading or deceptive online marketing practices or for any fraudulent or malicious
• use any spider, robot or search/retrieval application or any screen scraping, data mining or
similar data gathering device, process, program or means to access, retrieve or index any
portion of this site;
• use this site by any automated means;
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other
flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this site for use in constructing or populating any
database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of
the material contained on this site;
• reproduce, duplicate, copy or store any of the material appearing on this site other than for
your own personal and non-commercial use;
• falsely imply that any other website is associated with this site;
• do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual
property rights in this site;
• use or exploit any of the material appearing on this site for, or in connection with, any
business or enterprise (whether for profit or otherwise), including any business or enterprise
that is in competition with this site;
• release to the public any news release, advertising material, promotional material or any other
form of publicity or information relating to the Company without the Company’s prior written
• use this site to transmit any information or material that is, or may reasonably be considered to
− abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent,
vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
− libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised
infringing upon or violating any copyright, trademark, patent or other intellectual property or
− in breach of any duty of confidentiality by which you are bound, whether by way of a
fiduciary or contractual relationship;
− in breach of any person’s privacy or publicity rights;
− a misrepresentation of facts, including the impersonation of any person or entity or a
misrepresentation of an affiliation with any person or entity (including any sponsorship or
− in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to
− containing any political campaigning material, advertisements or solicitations; or
− likely to bring the Company or any of its staff into disrepute.