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Disclaimer

Ackowledgement

You acknowledge and accept (at the time you purchase a Product) that you have read and understood the instructions and terms of use of the Products, as well as, all the conditions published on our website. You also acknowledge and accept that the Products have been designed as devices that seeks to ease back and neck pain and stiffness and are only to be used in accordance with these instructions and accurate advice provided by your qualified health professional or doctor and the website. The Products have been designed to assist in the temporary relief of back and neck pain, and do not negate the need to consult a qualified health professional or doctor; we do not guarantee that the Products will correct any pre-existing condition or bring about a specific outcome, we are not responsible for any liability, loss or damage incurred by you or any third party either directly or indirectly from your use or misuse of the Products. You bear the entire risk of injury, loss or damage arising from any cause whatsoever (whether due to your negligence or the negligence of any other person) in connection with the Products.

Responsibility

You are responsible for examining the Products before purchasing them and satisfying yourself that there may be minor defects in the texture of a Products on the ends and the Products are reasonably fit for the purpose (if any) which may have been made known to you prior to the purchase of the Products or your use of them or are of such a nature and quality that they are reasonably fit for this purpose (except where you do not rely on us or it would not be reasonable for you to rely on us for our skill or judgment), and we have not made any representation, warranty or undertaking about the condition or quality of the Products, their suitability or fitness for purpose or their safety except those implied by legislation including the Trade Practices Act 1974 (Commonwealth) (to the extent it applies and cannot be excluded and to the extent that it can be excluded it is hereby excluded).

Liability

To the fullest extent permitted by law, we are not liable for any injury to any person or loss or damage to property arising your possession or use of Products (including any injury, loss or damage arising from our negligence). Unless otherwise directed by your qualified health professional or doctor, Products MUST NOT be used by people under 15 years of age or people who have the following conditions, had Back Surgery; Severe back pain; Scoliosis; Osteoporosis; Spinal Fractures; Bone tumours; Metastatic cancer; Haemophilia; Rheumatic Conditions (eg Rheumatoid Arthritis / Ankylosing Spondylitis); Spondylosis / Spondylolisthesis; Neurological Conditions (eg Spina Bifida / Spinal Cord Injury); Pregnancy; or any other condition that is stipulated from time to time on the Web Site.

If you are unsure whether Products are suitable to be used by you or to treat your back pain or symptoms please see your health professional or doctor before using them. Use strictly as directed. Incorrect use could be harmful. If symptoms persist, worsen or new symptoms develop, immediately cease use of Products and consult your physiotherapist or doctor immediately. By using a Products, you accept the conditions of use set out in these instructions and those published on the website. You indemnify us against all claims made against us by any other person for loss or injury arising out of your possession or use of the Products from any cause, and whether due to your negligence or the negligence of any other person. If you do not agree to these conditions please send the Products back to us at the address listed in the Contact Us section for a refund within 30 days of purchase. You indemnify BakPhysio to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. The cause of the Loss includes but is not limited to:

  1. use or inability to use this Web Site;
  2. access or inability to access this Web Site;
  3. reliance on any Content;
  4. the transmission of any computer virus;
  5. BakPhysio's negligence;
  6. a breach of your computer's security;
  7. any breach of the Terms of Use;
  8. any unauthorised access to, modification or alteration of Content;
  9. any material or data sent or received or not sent or received;
  10. any transactions entered into through this Web Site;
  11. any infringement of another's rights, including intellectual property rights;
  12. any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
  13. any Content sent by any third party using and/or included in this Web Site;
  14. any service available from this Web Site; and delays, interruptions, inaccuracies, errors, omissions or cessation of services.

In relation to Non Excludable Rights, any liability incurred by us in relation to the use of this Web Site or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded, is limited to the extent possible, at BakPhysio's option, to:

  1. the supply of the goods or services again;
  2. the repair of the goods; or
  3. the payment of the cost of having the goods or services supplied again or repaired.

Definitions

In this Disclaimer:

"BakPhysio","we""us", or "our", means BakPhysio Pty Ltd ACN 110 071 139, and its subsidiaries, officers, agents, directors, officers, employees and `related bodies corporate' as defined in the Corporations Act of Australia;

"Content" means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Web Site, obtained or able to be viewed by accessing any part of this Web site (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;

"Intellectual Property" means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the BakPhysio Web Site;

"Loss" means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Web Site. This includes, but is not limited to loss of business profits, legal costs and defence or settlement costs;

"Non Excludable Rights" means the rights and remedies conferred by the Trade Practices Act and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Content of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms of Use;

"Products" means the products and devices available for sale through the website. These include but are not limited to BakBalls, BakRest, the BakBook, and any other Products sold on this website by BakPhysio Pty Ltd;

"Terms of Use" means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Web Site;

"Third Party Sites" means sites and resources located on servers maintained by others over whom BakPhysio has no control; and

"Web Site" means those web pages contained within the domain and any sub-domains.