1 User Agreement
(a) By using the bowen-therapy.net.au website and any of its associated services and functionality (the “Website”), you agree to be bound by these terms and conditions (“Agreement”) as amended from time to time. Please read this Agreement carefully before using the Website.
(b) This Agreement is formed between you and Bowen Therapy & Wellness at Karana Downs (“Bowen Therapy & Wellness at Karana Downs”, “we”, “our” and “us”).
(c) Anyone who uses the Website is referred to in this Agreement as “you” and “your”.
(d) If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
(e) We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time in its sole discretion. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to any changes.
(f) At our sole discretion, we may also impose limits on certain features and services or restrict your access to parts or all of the Website either temporarily or permanently without prior notice or liability to you or any third party.
To the extent permitted by law (including the Australian Consumer Law), Bowen Therapy & Wellness at Karana Downs reserves the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
(a) restrict, suspend or terminate your access to all or any part of the Website (including your
account) temporarily or permanently;
(b) terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
(c) establish general rules concerning use of the Website.
3 Your Use of the Website
(a) You agree to use the Website only for purposes that are permitted by:
(i) this Agreement;
(ii) any applicable law or regulations; and/or
(iii) generally accepted practice or guidelines
(b) You are prohibited from violating or attempting to violate the security of the Website, including without limitation by:
(i) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access;
(ii) accessing any part of the Website by any means other than through the interface provided by us or from an access point other than the authorised access point skincarestore.com.au (and we will not be responsible in any way for access from outside this interface or access point);
(iii) engaging in any activity that interferes with, disrupts or attempts to interfere with or disrupt the Website or the servers and networks that host the Website;
(iv) interfering or attempting to interfere with security-related features of the Website of features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(v) using, copying, or distributing content except as permitted by this Agreement, by law or with our prior written consent.
(c) You understand and agree that any violations of system or network security or fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities and may result in civil or criminal liability. Bowen Therapy & Wellness at Karana Downs will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account login and password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login and password information insecure.
(f) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
4 Information on the Website
(a) Information about products is based on material provided by suppliers and product manufacturers.
(b) To the extent permitted by law (including the Australian Consumer Law), you acknowledge that any reliance on information contained on the Website shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of the Website.
(c) You understand and agree that except as required by law (including the Australian Consumer Law), Bowen Therapy & Wellness at Karana Downs will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
(d) You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
(e) Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website.
5 Disclaimer and Liability
(a) We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
(b) To the full extent permitted by applicable law (including the Australian Consumer Law):
(i) Bowen Therapy & Wellness at Karana Downs makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, services or materials included on the Website; and
(ii) Bowen Therapy & Wellness at Karana Downs disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge by your use of the Website that such use is at your sole risk. This disclaimer does not apply to any manufacturer’s warranty offered in relation to a product. This disclaimer constitutes an essential part of this Agreement.
6 Limitation of Liability
(a) Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage you or any other person might suffer as a result of:
(i) errors, mistakes or inaccuracies on the Website;
(ii) acting or not acting on any information contained on or referred to on the Website and/or any linked website;
(iii) personal injury or property damage of any nature resulting from your access to or use of the Website;
(iv) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(v) any interruption or cessation of transmission to or from the website;
(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(vii) the quality of any product or service of any linked website.
(b) We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products and services.
(c) Except as required by law (including the Australian Consumer Law), in no event shall we or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to you or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with our Website, the use or inability to use our Website or its contents, or this Agreement (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Bowen Therapy & Wellness at Karana Downs has been advised of or should have known of the possibility of such damages. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers have no responsibility for
the legality of your actions
To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
8 Intellectual Property
(a) We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
(b) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(c) You may not:
(i) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(ii) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website
(d) If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
9 Privacy and Personal Information
You may choose not to provide certain information, but then you may not be able to purchase products, open or hold an account with us or take advantage of the features we offer.
consequences for you if we do not collect this information, and how you can access and correct your personal information or complain about a breach of privacy law.
10 Health Information
Sometimes information about the identity and nature of products you purchase may constitute health information or you may choose to disclose health information as part of your participation in product review forums, discussion groups, bulletin boards, chat rooms or messaging or other interactive services. If you share individually identifiable health information, it is not shared with third parties. However, information you may share in a public forum is considered public information if you choose to share it.
11 Transfer and Assignment
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third party:
(a) we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
(a) This Agreement constitutes the entire agreement between Bowen Therapy & Wellness at Karana Downs and you with respect to your use of the Website.
(b) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
(c) This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
(d) If for any reason a court of competent jurisdiction finds any part of this Agreement to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
(e) If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.