Terms and Conditions
This website is operated by Vivere Solutions Pty Ltd, t/a My Biodefence ABN 47615866558.
These Terms and Conditions “the Terms” form a binding agreement between you and My Biodefence.
For the purposes of the Terms, “Us”, “Our” and “We” refers to My Biodefence and “You” and “Your” refers to you, the client, visitor, website user or person using My Biodefence website and related social media profiles “the Site”.
The Terms apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as “Services”.
Your use of My Biodefence Services and the Site is subject to the Terms. If you do not agree with all of the terms and conditions, please do not use the Site or the Services.
In using the Site and/or Services, you warrant that you have had sufficient opportunity to access the Terms, and that you have read, accepted and will comply with the Terms. You must be over 18 years of age to use this Site and to purchase any of our Services.
If you have any questions about the Terms or the Site please send us an email.
- 1.1 The information contained on the Site is for general information purposes only and is not intended to replace medical advice or be a treatment for any medical condition.
- 1.2 While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose.
- 1.3 Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
2. Licence to use
- 2.1 You may access and use the Site in the normal manner and may print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
- 2.2 You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
- 2.3 You must not use or add any content to the Site:
- - unless you hold all necessary rights, licences and consents to do so;
- - that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- - that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- - that would bring us, or the Site, into disrepute; or
- - that infringes the intellectual property or other rights of any person.
- 2.4 The Site may contain links to other websites as well as content added by third parties. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
3. Intellectual property rights
- 3.1 Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in relation to the contents of the Site.
- 3.2 The Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
- 3.3 By posting or adding any content onto the Site, you grant us a perpetual, nonexclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- 3.4 You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- 3.5 The licence in paragraph (3.3) will survive any termination of these Terms.
- 3.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
- 3.7 We reserve all copyright and trademark rights with respect to all documents, information and materials on the Site and we reserve the right to take action against you if you breach any of these terms.
4. User comments, feedback and other submissions
- 4.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
- 4.2 We are and shall be under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments; or
- respond to any comments.
- 4.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- 4.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- 5.1 By using the Site you agree and accept that My Biodefence is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
- 5.2 It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- 5.3 To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
- 5.4 To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
- 5.5 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
- 6.1 You may only use this Site and Services if you agree to indemnify us (and our officers, directors, employees and agents) against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
- 6.2 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
7. Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 10 days. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of My Biodefence.
8. Returns and Refunds Policy
- 8.1 My Biodefence handles returns and processes refunds on in accordance with the Australian Consumer Protection legislation.
- 8.2 Please notify us within 12 days of purchase if you wish to return your order. You must have a valid reason for the return of your order; all refunds are made at the discretion of My Biodefence. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment.
- 8.3 There are no returns or refunds on perishable items.
9. Restricting access
- 9.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- 9.2 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10. Accuracy of billing and account information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms.
12. Username and password
The safekeeping of your username and password is your responsibility. We are not liable for any unauthorised use of your account.
This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
14. Breach of the Terms
You may only use the Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use the Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to take down content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
Competitors are prohibited from using the content or information on the Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using the Site.
If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
These Terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.