Terms & conditions

These terms and conditions apply to the use of the website found at badbacks.com.au, including participation in our website discussion forums. In using the website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

Terminology

In these terms and conditions, the terms, we, us and our are a reference to Healthezone Pty Ltd ABN 84 110 529 470.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Specific Warnings

You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other in contravention of the registered users’ obligations as set out in these terms and conditions or any content transmitted by a non-registered user.

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or surname, whether or not you have authorised that person to use your password or surname.

You acknowledge that we cannot confirm the identity of other registered user or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

Posts on the Bad Backs Discussion forum (http://forum.badbacks.com.au) are visible to the public, private messages however are visibile to the yourself, the recipient and the bad backs discussion forum moderators.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website; or
• without our written permission.

Trade Marks

Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including this website).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website or use it for commercial purposes.

Linked Websites

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication. We nevertheless reserve the right to update this information at anytime. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken, or reliance made, by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry bodies and, or professionals before acting or relying on any information or material that is made available to you by way of this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

1. if the breach relates to goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of such 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
2. if the breach relates to services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Free Chair Trials:

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with trialling of a Bad Backs chair in your home or workplace. 

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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