Terms & Conditions
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.
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and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
No Warranties or Representations
- fitness for any particular purpose;
- security of your computer in accessing this Web Site;
- lack of computer viruses or other harmful components;
- integrity of data;
- 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 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:
- 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.
Click here to review our Returns Policy.
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.
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.
Feedback, Questions or Problems
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 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.
- used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
- performed in public;
- incorporated into any other web site;
- used for any commercial purpose;
- 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;
- used in any manner or for any purpose which is unlawful;
- used in any manner which violates any right of BakPhysio or an Affiliate;
- or affected with a virus or other harmful component in any form or by any means in whole or in part by any process.
- ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and
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:
- using an industry-standard Web browser, download and view the Content for your personal, non-commercial use;
- if you are an Internet service and/or access provider, supply the Content to your subscriber;
- access and display these pages on a computer or a monitor;
- hold a temporary copy in the computer's cache; make a single permanent copy for your personal non commercial reference;
- not reproduce the content on the website without specific prior written consent from BakPhysio;
- 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.
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.
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.