Terms & Conditions

The website (https://bionutrique.com.au/) and all associated digital platforms, media accounts, mobile applications (together, ‘Website’, ‘Site’), contents, products, materials, programs, and services (together, the Services) are owned and/or operated by Machina, Maidei trading as BioNutrique ABN 7493818818 (‘BioNutrique‘, ‘we’, ‘us’, ‘our’). The terms ‘you’, ‘your’, and ‘user(s)’, ‘client’ refer to any user or browser of the Website or purchasers of our Services. These Terms and Conditions of Use constitute an agreement between BioNutrique and you, a user of the Website and/or Services (“Agreement”).

The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By using our website, making enquiries or sending messages, requesting for any information, consultation, dietary assessment, metabolic health assessment, personalised meal plan, purchasing any services, purchasing any weight loss programs (‘Program’), posting a comment on the Website, downloading any of our associated materials, or subscribing to any of our services or newsletters, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’).

You agree that the use of the Website and Services is at your own risk. You must be 18 years or older to purchase any of our products or Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

By using our website and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using our website and Services immediately.

1. SERVICES DISCLAIMERS

Requirement to Obtain Professional Medical Advice

Our Website and Services aim to provide a source of nutrition information and education for individuals interested in nutritional health.
Any statements appearing on our website or in our Services have not been evaluated by any other national or international agencies.
None of the content or products offered on our Website and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
The products and content found on the Site and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services.
Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site and/or provided via our Services.
You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so may result in adverse health consequences.
Please seek medical advice in regards to your health conditions and physical fitness.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

Your Accuracy of Information

You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Website and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You warrant the truth, accuracy, currency and completeness of any information you provide us.

Nutritional Information

The information, content, blog, messages, images, materials, and resources contained in or available through the Website and Services, are provided in good faith for general information purposes only. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every individual. To the extent that we provide any explicit or implied recommendations, such recommendations are only general and are not specific for individual cases.

We may report on or display the success of our existing or previous clients or customers. You acknowledge that the prior success of others does not guarantee your success. As your results are based on your individual capacity, background, dedication, motivation, experience and level of desire, there are no guarantees concerning the level of success you may achieve. Choosing to use our information, products and Services should be based on your own due diligence and you agree that we are not liable for any success or failure that is directly or indirectly related to the purchase and use of our information, products, and Services reviewed or advertised on this Website.

The information contained on this Website is not intended as a substitute for professional medical advice. Your reliance on any of our Services or information contained in or available on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results from the Services. Before relying on any nutritional information on our Website and/or provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes. Always seek the advice of your doctor when starting any new treatments, diets or supplements, when deciding whether to continue medical or other treatments, or to ask any questions you may have regarding your medical or other conditions.

Nutrient data published on our Website or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.

Fitness Level

Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified health care professional.

You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

Personal Information

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at info@bionutrique.com.au with ‘unsubscribe’ in your email’s subject.

2. PERMITTED USE

Specific Warnings

BioNutrique prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any unlawful purpose or to solicit the performance of any illegal activity or other conduct that infringes our rights or the rights of others.

You must not access or use our Website (a) in a way that violates these Terms and Conditions of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Site or any linked or third party website (“Third Party Website”). Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including eBooks and any other downloadable material 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 which applies in your location, and except as expressly authorised by these Terms and Conditions of Use, 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 our Website or any of our electronic products or downloadable material; or
commercialise any information, products or services obtained from any part of our Website or any of our electronic products or downloadable material, without our written permission for purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

All trademarks appearing on our Website belong to their respective owners. BioNutrique reserves all rights not expressly granted in and to the Service and the Website. You agree to not engage in the use, copying, or distribution of anything contained within the Website or Service unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material via the Website and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).

3. ENQUIRIES, REGISTRATION & SUBSCRIPTION

By making a preliminary enquiry, request for further information, request for a nutrition consultation, request for a dietary assessment, request for a metabolic health assessment, request for a personalised weight loss plan, purchasing a one-off service via the Website, sending a message via the Website or via social media, posting a comment on the Website, downloading any of our associated materials, subscribing to any of our services or newsletters, you will be added to our email list and consent to receiving electronic communications from us. You can choose to opt out of receiving communications from BioNutrique at any time by following the instructions on the form to unsubscribe from our email communications, or emailing us at info@bionutrique.com.au

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Website or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Website.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our website using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Website through such access or use of your Login.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Website’s security you may be aware of.

4. SERVICES

Bookings

If you are booking or purchasing any Services through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions. By making a booking or purchase, you represent and warrant that you are at least 18 years old. If a third party is making the bookings or purchases on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.

You agree and acknowledge that all information you provide to us through the online booking service or enquiry will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number (‘Personal Information’). You acknowledge and agree that BioNutrique and any relevant third party of our choosing will collect your Personal Information for the purpose of the booking service and any additional services you may request. You acknowledge that if we cannot collect this Personal Information and other personal information as requested, we will not be able to process your booking and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

Cancelations And Refunds

Whilst BioNutrique makes every effort to avoid clashes and/or cancellation of appointments, Nutrition Coach, at its sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.

We do not offer refunds for change of mind or missed consultations. If you voluntarily decide to refuse treatment or withdraw from the Services at any time for any reason, or cancel the Services within twenty-four (24) hours of the scheduled appointment, we reserve the right to charge you for our professional fees or count the session as fulfilled. If you wish to change your appointment time, we require a minimum of 24 hours’ notice during business days.

Requests for refunds for nutrition consultations, dietary assessments, metabolic health assessments, personalised weight loss plans, and our one-off services ordered via our Website, must be in writing and will be subject to our sole discretion. Requests for refunds will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds.

We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the Services have been exhausted or in circumstances where there has been a major failure, where applicable, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.

If you believe any of the Services including any products purchased on or through our Website contain a defect, you must notify us immediately by emailing us at info@bionutrique.com.au

Confidential Information

BioNutrique provides personalised content (in the form of video files, audio files and written resources) that can offer assistance to individuals seeking to improve their nutritional health. Your personalised reports and programs provide insights that may enable you to make more informed health and wellness decisions.

During the nutrition consultations, you may elect to share information regarding your health, medical conditions or personal matters. BioNutrique warrants that all information provided in this context will be treated as Confidential Information.

In circumstances where you are part of group discussions or information sharing, participants of the discussion will be also be obliged to respect the confidentiality of other participants, however, we cannot assume responsibility or protect Confidential Information shared in this capacity. We therefore request that participants be mindful of the information they elect to share, respectful of the other participants and of the requirements of participating in closed-group discussions with regards to Confidential Information.

Obligations with Respect to Confidential Information:

The Recipient:

may use Confidential Information of the Discloser only for the purposes of this Agreement;
must keep confidential all Confidential Information of the Discloser except:
- where it was rightfully communicated to the Contractor free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the Discloser;
- it was in, or entered into the public domain at the time it was communicated to the Recipient by the Discloser; or
- to the extent (if any) the Recipient is required by law to disclose such Confidential Information; and
must destroy or return all Confidential Information immediately upon request, subject to any legal obligations the Recipient has with regard to maintaining client records.

Personalised Reports and Programs

As part of the delivery of our Services, you are required to submit a form providing us with information to assist in the provision of your personalised report and programs. Before submitting your form, you agree to the following:

You are 18 years of age or older, and any health information you provide is either your own, or whom you have obtained legal authorisation from to provide their health information to BioNutrique.
You acknowledge you are providing your personal data of your own free will, and at your own risk.
You consent to BioNutrique interpreting your personal data and information on your health for the purpose of providing personalised reports and/or programs.
BioNutrique may provide additional reports based on your health information and may communicate with you about new findings or offer you the opportunity for further analysis. You will be able to opt out of receiving further information or request to have your personal data updated or deleted at any time.
Your reports will be treated as your property and will never be disclosed or shared with third parties including your insurance company and employer.
BioNutrique may analyse your de-identified results for evaluation, research and marketing purposes.
BioNutrique will only report on actionable findings that have a high degree of credibility which have been reviewed and signed off by the BioNutrique team. Anything that falls out of this scope will not be reviewed or reported.
BioNutrique’s report may not cover all medications or nutritional supplements that you may be taking.
All data and any results generated are held confidentially within a secure data protection protocol.
Your information and results will be kept in strict accordance with our Privacy Policy.
You have been offered the opportunity to ask questions and are aware you can book a consultation with a practitioner that provides diet and lifestyle advice, recipes and supplement advice.

5. PAYMENT

Purchases And Pricing

If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions. By making a purchase you represent and warrant that you are at least 18 years old. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.

Prices for Services quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.

From time to time we may issue promotional or discount codes for use for purchases via our Site. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

All Services must be pre-paid. Services will only be provided after full payment or the subscription costs are cleared.

Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Payments for all Services purchased are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

Gateways And Merchants

BioNutrique uses PayPal and AfterPay as its shopping cart and payment gateway. By purchasing via PayPal or AfterPay, you will be directed off site to a payment platform, For more information, please visit the PayPal website at www.paypal.com. Or visit the Afterpay website at www.afterpay.com . You agree to comply with the terms of provided by the payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect Personal Information obtained during your purchase or transaction for the Services. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

We reserve the right to change the preferred payment gateway from time to time and without notice.

Credit Cards, Chargebacks And Payment Security

We accept credit card payments for the Services via the payment facilitator, Stripe. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. BioNutrique reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

By purchasing via Stripe you are accepting their Terms of Use. For more information, please visit the Stripe website www.stripe.com.

6. INTELLECTUAL PROPERTY

These Terms and Conditions do not transfer from us to you or any third parties any of our or a third party’s intellectual property. All rights, titles, and interests, including, without limitation, Intellectual Property Rights, in the Website and Services will remain solely with BioNutrique.

For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.

7. WEBSITE AND SERVICES USE

When using our Website or Services, you are responsible for your use and for any use of our Website or Services made using your device. You also agree that your use of our Website or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Website or Services, including our intellectual property and trademarks, except as authorised by these Terms and Conditions of Use or as otherwise authorised in writing by us. Unless we agree otherwise in writing, you are provided with access to our Site only for your personal use. You may not without our written permission on-sell information obtained from our Site.

You agree:

You will not copy, distribute or disclose any part of the Website or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not collect or harvest any personally identifiable information, including account names, from the Service;
You will not stalk, harass, bully or harm another individual who uses our Website or Service;
You will not upload, post, transmit or otherwise make available any material that:

is not your original work, or which may infringe the intellectual property or other rights of another person;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
includes an image or personal information of another person unless you have their consent;
you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content; or
contains financial, legal, medical or other professional advice.

You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You will not hold BioNutrique responsible for your use of our Site;
You will not violate any requirements, procedures, policies or regulations of networks connected to BioNutrique;
You will not interfere with or disrupt the Website or Service;
You will not hack, spam or phish us or other users;
You will provide truthful and accurate content;
You will not violate any law or regulation and you are responsible for such violations;
You will not use our Website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty party’s website, such as by requesting its removal from a search engine; and
You will not upload any content to our Website that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you believe that a user has breached any of the above conditions, please contact us at info@bionutrique.com.au.

We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions of Use, on the part of you or any of your Affiliates.

8. THIRD PARTY INFORMATION AND LINKED WEBSITES

The Website may contain links to third-party websites or resources by way of recommendations of the provision of relevant information. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do these links imply any commercial endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is current, accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

We may, from time to time, provide information from a third party in the form of a podcast guest interview, guest blog post, or interview through other media. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information they provide and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any of our podcasts agree to transfer all intellectual property rights they may have in any such interviews to us, and further provide an unlimited, world-wide, royalty-free licence to any rights they are unable to assign.

9. USER-GENERATED CONTENT

The Website and our Communication Services may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

10. PRIVACY AND SECURITY OF INFORMATION

Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

11. MAINTENANCE AND MODIFICATIONS

BioNutrique is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, internet service companies and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.

We reserve the right to alter, update, or remove our Site at any time. We may conduct such modifications to our website for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. Nothing in this section obligates us to take measures to update the Site for security, legal or other purposes.

We reserve the right to terminate access for anyone.

12. TERMINATION

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms of Use or any related policies;

(b) where at any time you have committed any act of willful or serious misconduct;

(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within 28 days of the stipulated date;

(d) where you have created a risk or possible exposure for us;

(e) where there are unexpected technical issues or problems;

(f) at the request of law enforcement or government authority; or

(g) upon a request by you.

13. DISPUTES

In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

If litigation is required, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction within the state of New South Wales, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements

14. WARRANTIES AND LIABILITY

Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Website, any web sites linked to this Website, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

With the exception of Consumer Guarantees, we exclude:

any term, condition or warranty that may otherwise be implied by custom, law or statute;
any liability for loss caused by our negligence; and
any liability for Consequential Loss.
- To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
In the case of goods, to:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired.
In the case of services, to:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

In the event of any problem with the Services (including any products) that you have purchased on or through this Website or otherwise from us, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.

You expressly agree that your use of, or inability to use, the services is at your sole risk. the services and all content delivered to you through the services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian consumer law, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Under no circumstances shall we aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount you paid us, if any, in the last 12 months.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

We shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way.

We do not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time we may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect our legitimate interests.

We do not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services. We are not responsible for data charges you may incur for downloading or streaming over a data connection.

15. WAIVERS AND INDEMNITY

By using our Website and Services, you agree, to the extent permitted by law, to defend, indemnify and hold us, officers, directors, employees, agents, contractors, and licensors harmless with respect to any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to our Website and Services;
your misuse of the Website and Services;
your violation of any term or condition of this Agreement;
your violation of any term of condition of our Privacy Policy;
any action taken by us as part of its investigation of a suspected violation of this agreement to the extend permitted by law;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your use caused damage to a third party.

To the extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of this agreement has occurred. this waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

16. GOVERNING JURISDICTION

The laws of New South Wales govern this agreement, and any access to or use of our Services. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.

17. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

18. SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

19. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

20. ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

21. AMENDMENTS

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and our Service.

22. ELECTRONIC COMMUNICATIONS

We use electronic means of communication, whether you visit the Website or Services or send us e-mails, or whether we post notices on the Website or Services or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

23. CONTACT INFORMATION

If you have any questions or concerns about your order or if you have any questions about our products or Services do not hesitate to contact us. You may contact us by email at info@bionutrique.com.au

24. GENERAL

This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

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