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).
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:
- use or inability to use this Web Site;
- access or inability to access this Web Site;
- reliance on any Content;
- the transmission of any computer virus;
- BakPhysio's negligence;
- a breach of your computer's security;
- any unauthorised access to, modification or alteration of Content;
- any material or data sent or received or not sent or received;
- any transactions entered into through this Web Site;
- any infringement of another's rights, including intellectual property rights;
- any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
- any Content sent by any third party using and/or included in this Web Site;
- 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:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
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;
"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;
"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.