Terms and Conditions of Use
The following information sets out the conditions of use, general disclaimer and copyright conditions of the internet website of Bodecare Distributions. Bodecare’s website is owned and operated by Bodecare Distributions Pty Limited, ACN 104 969 173 (hereinafter called “Bodecare’s website”).
Bodecare’s website refers to all material including any information, images, text, file, data and/or hyperlinks and any other information that is located on the computers of Isonic internet provider under the account known as Bodecare Distributions Pty Ltd or found at www.bodecare.com.
Conditions of Use
You acknowledge by connecting to, visiting, downloading from, viewing, accessing or printing materials from Bodecare’s website or by using or following any hyperlinks from Bodecare’s website to any other website or any other electronically connected site that you are deemed to be a visitor and deemed to be using Bodecare’s website. Therefore you are agreeing unconditionally to the conditions of use, general disclaimer and the copyright conditions (“the Conditions of Use”) contained herein.
Bodecare Distributions Disclaimer
Bodecare Distributions has used its best endeavours to ensure that the information contained in Bodecare’s website is correct and current at the time of publication, however, Bodecare Distributions takes no responsibility for any error, omission or defect therein. It is the sole responsibility of the visitor to ensure that any information, product or system in Bodecare’s website is suitable for any given purpose. Bodecare Distributions makes no representation or warranty expressed or implied in relation to the information regardless of whether the information is used whilst the visitor is connected to Bodecare’s website or at any other times. Bodecare Distributions accepts no liability or responsibility for any inaccuracies or omissions in the content of Bodecare’s website. Any decisions the visitor may make based upon the information contained in Bodecare’s website are the sole responsibility of the visitor. Bodecare Distributions accepts no liability for any direct, special, consequential or other losses of any kind arising out of access to or from using Bodecare’s website or any of the website information. Bodecare Distributions reserves all rights to make changes and corrections to the website and put aside any information at any time without any notice.
Statements contained in Bodecare’s website or in documents referred to, may involve risks and uncertainties. Actual results and developments in health services and products may differ materially from those expressed or implied in statements in the website information or in documents referred to. Visitors should consult directly with health care professionals before making any decisions on the products and/or services mentioned on Bodecare’s website.
Except as provided in these conditions, all expressly implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose are expressly excluded. Bodecare Distributions is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, or operation of the goods arising out of Bodecare’s negligence or in anyway whatsoever.
Bodecare’s liability for a breach of a condition or warranty implied by division 2 of part 5 of the Trade Practices Act 1974 (Cth) (other than section 69) is limited to:
1. In the case of goods, any one or more of the following:
(a) The replacement of the goods or supply of the equivalent goods;
(b) The repair of the goods;
(c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) The payment of the cost of having goods repaired; or
2. In the case of services:
(a) The supply of the services again; or
(b) The payment of costs of having the services supplied again.
Bodecare’s liability under section 24H of the Trade Practices Act 1975 (Cth) is expressly limited to a liability to pay to the user an amount equal to:
1. The cost of replacing the goods;
2. The cost of obtaining equivalent goods; or
3. The cost of having the goods repaired;
which ever is the lowest amount.
These Conditions of Use are governed by the laws and courts of Australia.
1. Unless otherwise stated all prices quoted by Bodecare Distributions or its licensees are nett, exclusive of goods and services tax (GST).
2. Prices supplied on the website are those ruling at the date of the latest update to the website and are based on rates of freight, insurance, customs, duties, exchange, shipping, sorting and stacking charges, carriage, right of way, due cost of materials and other charges effecting the cost of providing the services on the date the ruling is made.
3. Bodecare Distributions or its licensees reserve the right to make any alterations to the price of the goods at any time.
Updates to Bodecare’s website
The information contained in Bodecare’s website is updated regularly. Bodecare Distributions has made all reasonably efforts and used its best endeavours to ensure that the information provided on Bodecare’s website is accurate at the time of updating. Some of the information particularly that describing products or the services provided by certain health care professionals is provided by the product’s manufacturer or the health care professional involved. Product manufacturers and health care professionals may change specifications and/or information without notice and at times Bodecare’s website may at times be inaccurate. Bodecare Distributions welcomes notification of any inaccuracy you may find.
Hyperlinks from Bodecare’s website to other websites.
If any visitor to Bodecare’s website uses any hyperlinks to any other website then he or she is deemed to acknowledge that Bodecare Distributions has not reviewed and is not responsible for any information contained in any site accessed through hyperlink. Bodecare Distributions accepts no liability for any direct, indirect special, consequential or other losses or damages of any kind arising out of access to, or use of any website hyperlinked from Bodecare’s website or any information contained therein.
All the information contained in Bodecare’s website is protected by the Copyright Act 1968 and is ©Bodecare Distributions and remains the property of Bodecare Distributions. Bodecare Distributions reserves all rights associated with the information contained in Bodecare’s website. Some of the information contained in Bodecare’s website has been used with permission of the original owners in which case the original owners retain all rights to that information. Website or internet pages located outside of Bodecare’s website which are accessed by any hyperlink contained in Bodecare’s website are the property of the relevant owners. Visitors to Bodecare’s website may not use, distribute, or print any information contained in Bodecare’s website that is transferred the visitor’s computer by any means, electronic, optical or otherwise except for strictly personal use. If a visitor wishes to use any of the information contained in Bodecare’s website for a non-profit or teaching purpose the visitor must obtain prior written permission from Bodecare Distributions at www.Bodecare Distributions.com.
Changes to Conditions of Use of Bodecare’s Website
Bodecare Distributions reserves the right to change any or all of the site or the terms and conditions of use at any time without notice.
Conduct on Bodecare’s website
You understand and agree that all information data, text, software, music, sound, photographs, graphics, video messages or other materials (“material”) whether publicly posted or privately transmitted are the sole responsibility of the person from which such material originated. Bodecare Distributions is not responsible for the material. You are responsible for all material you upload, post, email or otherwise transmit via Bodecare’s website. Bodecare Distributions does not control the material posted via Bodecare’s website and, as such, does not guarantee the accuracy, integrity or quality of such material. Under no circumstances will Bodecare Distributions be liable in any way for any material, including, however but not limited, for any areas or any omissions in any material, or for any loss or damage of any kind incurred as a result of use of the material posted, e-mailed or otherwise transmitted via the Bodecare Distributions website. You agree not to use Bodecare Distributions website:
1. Upload, post, email or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, evasive of another persons privacy, hateful, racially, sexually or ethnically or otherwise objectionable or vilifying.
2. Harm others in any way.
3. Impersonate any person or entity including a Bodecare Distributions official, health professional or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. Forge web page headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through Bodecare’s website.
5. Upload, post, email or otherwise transmit any material that you do not have a right to transmit under any law or under any contractual or fiduciary relationship.
6. Upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
7. Upload, post, email or otherwise transmit any unsolicited or unauthorised adverting, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
8. Upload, post, email or otherwise transmit any material that contains software viruses or any code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. Disrupt the normal flow of dialogue cause the screen to scroll faster than other users of the Bodecare’s website are able to type or otherwise act in any matter that negatively effects other users ability to engage real time exchanges.
10. To interfere or disrupt Bodecare’s website or servers or networks connected to Bodecare’s website.
11. To intentionally or unintentionally violate any applicable local, state, national or international law.
12. To stalk or otherwise harass another or collect and stall personal data about other users.
Bodecare Distributions does not prescreen material, but Bodecare Distributions has the right, but not the obligation, in its sole discretion to refuse or to remove any material that is available via Bodecare’s website. Without limiting the foregoing, Bodecare Distributions has the right to remove any material that violates these conditions of use or is otherwise objectionable. You must evaluate and remain responsible for all risks associated with the use of any material including any reliance on the accuracy, completeness or use of such material.
You acknowledge and agree that Bodecare Distributions may preserve the material and may also disclose the material if required to do so by law and in the reasonable belief that such preservation of disclosure is reasonable and necessary to comply with legal process; to enforce the terms of conditions of use; respond to claims that any material violates the rights of third parties; or to protect rights, property or personal safety of Bodecare Distributions, its users and the public.