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Terms & Conditions

Ownership

Please read this legal statement carefully before using this Web Site. This Web Site is owned and operated by BakPhysio Pty Ltd ACN 110 071 139 solely for the purpose of providing information to users about BakPhysio, and its Content.

Acceptance

By allowing you to access the Web Site, BakPhysio grants to you a licence on the terms below. Your use of, or access to this Web Site is conditional upon your acceptance and compliance with the Terms of Use. By continuing to use, or access this Web Site, you agree to be bound by the Terms of Use. Do not use this Web Site if you do not agree to these Terms of Use. Since you are bound by these Terms of Use, you should periodically refer to them.

TERMS OF USE

Limitation of Terms of Use

These Terms of Use are in no way limited or altered by any other terms or conditions on this Web Site or any other agreement you may have with BakPhysio for products, services or otherwise. The following exclusions and limitations apply only to the extent permitted by law, and are subject to the Non Excludable Rights. BakPhysio excludes all other conditions and warranties implied by custom, law or statute. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted in this document are reserved.

Right to Amend Terms of Use and Content

BakPhysio may at any time vary revise, add, amend, modify, or delete any part of these Terms of Use or the Content by publishing the variations on the Web Site without prior notice. You accept that by doing this, BakPhysio has provided you with sufficient notice of the variation. Your continued use of this Web Site after the changes constitutes your acceptance of the variations. BakPhysio will make reasonable efforts to bring any changes to the attention of its users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the Web Site.

Reliance on Information

This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which BakPhysio apologises. In particular, you should be aware that all Content is provided on an 'as is' basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.

Visitors using the information from the site do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Web Site which has not been stated expressly in these Terms of Use. BakPhysio strongly advises you to seek independent health professional advice before acting on any Content from this site.

No Warranties or Representations
This information is published for information only, without assuming a duty of care. You acknowledge that you have not relied on any representation made by BakPhysio which has not been stated expressly in these Terms of Use. BakPhysio does not give any express or implied representation or warranty as to:

  1. reliability;
  2. completeness;
  3. suitability;
  4. availability;
  5. accuracy;
  6. correctness;
  7. currency;
  8. timeliness;
  9. merchantability;
  10. quality;
  11. security;
  12. accessibility;
  13. fitness for any particular purpose;
  14. Content;
  15. security of your computer in accessing this Web Site;
  16. lack of computer viruses or other harmful components;
  17. uptime;
  18. title;
  19. integrity of data;
  20. and correction of defects.

Unless expressly stated otherwise, general information about BakPhysio's products and services:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for products and services.

Limitation of Liability

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.

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, previous 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 website.

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 Refunds 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.

Returns Policy

Click here to review our Returns Policy.

Governing Law

Unless expressly agreed otherwise, the products and services described in this Web Site are available only to Australian residents. Unless expressly stated to the contrary, all matters relating to this Web Site are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and Australia. BakPhysio has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if BakPhysio considers (in its discretion) that the action is necessary or desirable.

Use of Site from Outside Australia

This Web Site is not directed at people in any other country and should not be relied on by people in any country other than Australia. Should the Content and terms and conditions satisfy the laws of the User Country, you are not entitled to rely on the information. If you do so, you agree to indemnify BakPhysio for any loss or damage, which may be incurred as a consequence.

Links

Content displayed on this Web Site and links on or from this Web Site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by BakPhysio of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.

BakPhysio does not authorise the reproduction of third party Content by linking this Web Site to third party Content. BakPhysio accepts no liability for Loss of any kind arising from third party Content or use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk. You may link to our Web Site for non-commercial purposes. If you are interested in linking to our Web Site for commercial purposes, or becoming otherwise affiliated with BakPhysio, please contact us.

Waiver

If you breach any of these Terms of Use, and BakPhysio has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of BakPhysio's legal rights. Any waiver of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by BakPhysio.

Feedback, Questions or Problems

BakPhysio welcomes any feedback you may have regarding our Web Site or these Terms & Conditions. If you have any questions, or queries, suggestions, problems, or if you become aware of any use of our Web Site that you think does not comply with these Terms of Use please send an email to info@bakphysio.com. When you send us any feedback, suggestions, ideas or other materials in relation to or via this Web Site, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

Intellectual Property

You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third-party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

Copyright

Copyright in the information contained in this site subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all Content is owned or licensed by BakPhysio. Your access to or use of this Web Site does not constitute or create a licence or any other right to use BakPhysio's name, trade dress, trade marks, copyrights or any other intellectual property.

Restricted Use

Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of BakPhysio or its subsidiaries, be directly or indirectly:

  1. used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
  2. performed in public;
  3. incorporated into any other web site;
  4. used for any commercial purpose;
  5. stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
  6. used in any manner or for any purpose which is unlawful;
  7. used in any manner which violates any right of BakPhysio or an Affiliate;
  8. used in any manner which is prohibited by the Terms of Use;
  9. or affected with a virus or other harmful component in any form or by any means in whole or in part by any process.

Obligations

You must:

  • ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and
  • ensure your employees, subcontractors and other agents (if any) who have authorised access to the Web Site are made aware of the Terms of Use.

Permitted Use

Provided that the ownership of the Content by BakPhysio is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

  1. using an industry-standard Web browser, download and view the Content for your personal, non-commercial use;
  2. if you are an Internet service and/or access provider, supply the Content to your subscriber;
  3. access and display these pages on a computer or a monitor;
  4. hold a temporary copy in the computer's cache; make a single permanent copy for your personal non commercial reference;
  5. not reproduce the content on the website without specific prior written consent from BakPhysio;
  6. not sell Products via the internet without the specific prior written consent from BakPhysio, and if permission is granted, you may not sell Products for less than the price listed on this website.

Third Party Copyright

Some of the copyright in the Content, is included on our Web Site under a licence from third parties, such as processes used in constructing or accessing this Web Site. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Web Site) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.

Trade Marks

All names, logos, patents, registered designs and trademarks (both registered and unregistered) are the property of BakPhysio, or the third parties who have contributed to this Web Site. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Web Site without the express written permission of BakPhysio, the relevant affiliate, or contributor.

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.