Terms and Conditions

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Terms and Conditions

Bindi Nutrition Pty Ltd maintains this Web site for your information, education, communication and purchases. The following Terms and Conditions apply to your use of this website. You are solely responsible for your conduct and your content on the website and compliance with these terms. By registering with us or using or browsing this website, you acknowledge that you have read, understood, and agree to be bound by these terms. This website is not directed to anyone younger than 16 and is offered only to users 16 years of age or older. Any person who provides their personal information through this website represents that they are 16 years of age or older.

Bindi Nutrition Pty Ltd may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.

You may use the Site without registration, but in order to take advantage of some aspects of the Site, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Returns Policy

Our Returns Policy includes the rights you have under the Australian Consumer Law and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.   Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where a failure does not amount to a major failure, we are entitled to choose between providing you with a repair, replacement or refund.   To obtain compensation, you would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Bindi Nutrition to comply with a consumer guarantee under the Australian Consumer Law.   Such evidence may include photographs, statutory declarations, receipts or reports (eg from your doctor), depending on the loss or damage. Your rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. Bindi Nutrition adopts the same approach and the type of remedy we will offer you may vary depending on how long it takes you to return the product to us. At Bindi Nutrition, we will always take a fair and reasonable approach.

Copyright

Except where otherwise noted, all of the website’s design, text, graphics and arrangement thereof, and software used herein, is our copyrighted material or that of our content providers. ALL RIGHTS RESERVED. You are permitted to electronically copy, and print in hard copy, portions of the Site for your personal use only. Any other use other than as noted above, modification, distribution or republication without our prior written permission is strictly prohibited. The website, all page headers, custom graphics and button icons are our service marks, trademarks and/or trade dress. All other trademarks, product names and company names or logos displayed, cited or otherwise published herein are the property of their respective owners.

You may not catalogue, download or otherwise reproduce, store or distribute content available on the website.

You may not harvest or collect e-mail addresses or other contact information of other users of the website by electronic means. Further, you may not use any such automated means to manipulate the website or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, or link the website to any third party, without prior written consent.

This website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Bindi Nutrition Pty Ltd. In the event that you misuse any Trademark, Bindi Nutrition Pty Ltd will enforce its intellectual property rights, including the seeking of criminal prosecution.

Website use

Bindi Nutrition Pty Ltd expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behaviour by any user, you should report such activity to us.

Any content, offers, information, or opinions that you provide in any manner to us in connection with, on or through the Site becomes our property, including all copyright, without reservations, and you waive any and all moral rights in the foregoing in our favour. Subject to our privacy policy set out below in connection with personal information you provide, you are hereby notified that all or any portion of content you submit may be used by us, including without limitation edited, reproduced, published, translated, sublicensed, copied, distributed, incorporated into other work in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content, without compensation of any kind to you. Your submission of any content constitutes your warranty that such content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such submission.

Any content you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge. Bindi Nutrition Pty Ltd is under no obligation to screen or monitor content, but may review it occasionally at its sole discretion to review compliance with this policy. We may include, edit or remove any content at any time without notice.

Do not post anything to this website which is:

  • defamatory, abusive, obscene, profane or offensive;
  • includes photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;
  • includes any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners
  • contains material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;
  • contains any e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • is threatening or harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;
  • promotes or encourages actual violence against a person;
  • is inaccurate, false or misleading in any way, including, but not limited to content that falsely impersonates any person or organisation, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or content submitted by another user of the Site;
  • is illegal or promotes any illegal activities;
  • provides links to any external websites that violate these Terms and Conditions or the Privacy Policy;
  • promotes illegal or unauthorized copying of another person’s copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures;
  • contains ‘masked’ profanity (i.e., F*@&#);
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • contains any advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation or reference to any other product, offer or website; or
  • does not otherwise comply with these Terms and Conditions.

Disclaimer

You understand that when using the Site, you will be exposed to content from a variety of sources, and that Bindi Nutrition Pty Ltd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.

You agree to defend, indemnify and hold harmless Bindi Nutrition Pty Ltd and its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your user content, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by Bindi Nutrition Pty Ltd) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Bindi Nutrition Pty Ltd makes no representations that the material in this site are appropriate or available for use in other countries aside from the Australia. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

This website may link to other sites not maintained by or related to Bindi Nutrition Pty Ltd. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of Bindi Nutrition Pty Ltd. Bindi Nutrition Pty Ltd has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

The information on the website is not, nor should you construe it as a recommendation to you or anyone else to purchase or sell any of the products or services on the website. In addition, the information on the website is not meant to substitute for the advice provided by your physician or other medical professional. You should not use the information or products available on or through the website for diagnosing or treating a health problem or disease, or prescribing any medication. Neither we, nor our officers, directors, employees, agents, third party content providers, sponsors, licensors or the like assume any obligation to update such information or advise on further developments relating to such information.

 

No waiver of any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms and Conditions shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.

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