Terms of Use

1. INTRODUCTION

This Website is owned and operated by True Vital Health Pty Ltd. (“TVH“, “us” or “we“). The services are provided by TVH.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will prevail.

2. PRIVACY AND YOUR ACCOUNT

Please review our Privacy Policy, which also governs your visit to the Website. Our privacy practice s, to understand our privacy practices.

3. You are responsible for use of the Website

Any material made available on (or via) the Website is provided as general information only. The material is not professional, expert or other advice and it is not a substitute for such advice. The material may not be appropriate, correct or sufficient for your circumstances, should not be relied on as the only reason you do or don't do anything, and may not be continually accessible or free from errors or viruses.

You indemnify Us against any liability, loss, claim or demand if We (or any of our officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms, including any warranties you provide in them.

You must keep your username and password to access the Website secure and confidential and not provide those details to any third party. You accept all liability relating to unauthorised use of the username and password issued to you.

4. Limited License

All content contained on the Website (collectively referred to as the “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by Australian and the international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by Australian and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (the Trademarks) contained on the Website whether registered or not are proprietary to us or our licensors or licensees. Our Trademarks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Trademark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilising any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorised use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. Use & Protection of Password and I.D.

TVH will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorised by you to access and use the Website, and TVH shall have no obligation to investigate the authorisation or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND TVH, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify TVH of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

6. Disclaimer of Warranties

- The Services We Provide

The website and products/services contained thereon or that we may provide form time to time are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone.

We do not assume, and shall not have, any liability to users for injury or loss in connection with any of the products or services that we may provide. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered buy us or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified medical practitioner or medical specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within by us or through the website.

We urge you to obtain a physical examination from a medical practitioner when necessary. You agree that by using any products or services that we offer, you do so entirely at your own risk. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this website and assume all risks of injury, illness, or death.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

- ‘As Is’ Website Content

The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the functions contained in any content (including, without limitation, user-generated content, if any) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the website or third party information, content or materials contained on our website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, any user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

7. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorised users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of the settlement and disposition of any claim that is subject to indemnification by you.

8. Limitation of Liability

Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from:

(a) the use of, or any inability to use, the website or any content or functions thereof; or

(b) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all loss, cost, damage, liability or expense (including legal fees and costs) that you may suffer or incur, under any claim of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $50.00.

The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you but are otherwise limited to the extend allowed by any applicable law.

9. Amendment

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

10. Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.