FREE SHIPPING ON ALL ORDERS OVER $100SIGN IN | RECIPES | BLOG

Terms and Conditions

The material on the Website is copyright © [2019] [The Body Bank] and/or other copyright owners. 

The Body Bank is wholly Australian owned. The pages on this website contain information about products and  services available in Australia and other countries. Consumers are advised to check the individual product or  service to determine its availability where you reside. Any prizes, gifts, giveaways and services are offered to  consumers in Australia and nowhere else. 

All comments and statements made on this website and corresponding social media sites are based on The  Author’s personal view only and are not intended as medical or legal advise in anyway. Please always consult  your medical practitioner directly on any concerns that you have. Always consult your medical practitioner  before starting any new diet or health regime. Always consult your medical practitioner before using any  products sold or recommended if you are pregnant or have any allergies. 

The website is available for you to access, conditional on your acceptance without limitation or alteration of the  terms and conditions set out below. You must not use this Website if you do not agree to be bound by these  Website Terms. 

Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Site and all  information contained within it regarding or relating to the Owner and its related entities, products and services  is provided ‘as is’ and on an ‘as available’ basis without any representation or endorsement made and without  warranty of any kind, whether expressed or implied.   

Use of material on the website 

1. Except for the limited use set out these Website Terms, you may not use the Website, or the material  contained on it, for any purpose, including, but not limited to: 

(i) the reproduction of the material in any material form; 

(ii) the distribution of the material in any material form; 

(iii) re-transmission of the material by any medium to any other website; 

(iv) ‘framing’ the material on the Website with other material on any other website. 

2. You must not modify or copy: 

(i) the layout of the Website; and 

(ii) any computer software and code contained in the Website. 

3. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or  services provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on  the Website is provided for personal use only and may not be: 

(i) re-sold and/or re-distributed in any material form; 

(ii) stored in any storage media; and/or 

(iii) re-transmitted in any media; 

without the prior written consent of the Owner.   

Links to other websites 

1. The Website may contain links to websites owned and operated by third parties and which are not under the  control of the Owner. 

The Owner: 

(i) may provide links to other sites as a convenience to you and the existence of a like to other sites does not  imply any endorsement by the Owner of the linked site; and 

(ii)is not responsible for the material contained on those linked sites.   

Promotions and Offers 

If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of  computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical  failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel,  terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize,  subject to State or Territory regulation.   

Disclaimer 

1. Features and specifications of products and services described or depicted on this Website (including, without  limitation, products manufactured or supplied through our business partners or suppliers which are displayed  on this Website and their attributes) are approximate only and subject to change without notice. A reference to  products or services on this Website does not imply or warrant that the products or services will be available at  any time in your particular locality. 

2. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms,  representations and undertakings, other than as expressly set out in this Agreement, express or implied,  including but not limited to: 

(i) any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or  referred to on the Website and/or of any linked sites; or 

(ii) any warranty relating to the merchantability or fitness for any particular purpose for any service or product  contained or referred to on the Website and/or on any linked sites. 

(iii) any warranty that the Website, or the server that makes the site available are free of software viruses; 

(iv) any warranty that the functions contained in any software contained on the Website will operate  uninterrupted or are error-free; and 

(v) any warranty that errors and defects in the Website will be corrected.   

Limitation of Liability 

1. Your use of the Website is at your own risk. To the extent permitted by law, neither the Owner nor any party  involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or  completeness of the information contained on the Website, whether or not the Owner is aware of such errors or  omissions. Nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or  exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data  arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.  Further, the Owner does not bear any responsibility for any errors, omissions, defamatory, offensive or illegal  conduct of any user of the Website. 

2. The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights  and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the  Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded,  at the option of the Owner, to: 

(i) in the case of services, the supply of the services again or the payment of the cost of having services supplied  again; and ; or 

(ii) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such  goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost  of having the goods repaired.   

Use of Information Gathered 

1. The terms of the Owner’s Privacy Policy are incorporated into these Terms of Access.   

Termination of Access 

1. The Owner may terminate access to the Website at any time without giving any explanation or justification for  the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a  consequence of terminating access to the Website.   

Alteration of Terms of Access 

1.The Owner reserves the right to change these Terms of Access: 

(i) with or without further notice to you; and 

(ii) without giving you any explanation or justification for such change. 

Relevant Jurisdiction 

1. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be  deemed to be sever able from the balance of this Agreement and the severed part will not affect the validity and  enforce ability of any remaining provisions. 

2. These Terms of Access will be governed by and interpreted in accordance with the law of NSW, Australia,  without giving effect to any principles of conflicts of laws. 

3. You agree to the jurisdiction of the Courts of NSW to determine any dispute arising out of these Terms of  Access.   

Prizes, Gifts and Giveaway Items 

Subject to any specific terms or conditions that are displayed with any prize, gifts and giveaways at the time they  are offered, displayed or advertised, when prizes, gifts or giveaway items or the like are offered, displayed or  advertised on our Website, to full extent permitted by law The Owner: 

1. may withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn  or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the  prize/s; and 

2. will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law  (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the  withdrawal of the prize/s; 

3. in the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any  reason, we may supply in it/their place an alternative items/s of a similar nature and value; and 

4. supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in  respect of the gift/s and/or giveaway items/s, to the extent permitted by law; and 

5. will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law  (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of  the alternative item/s. 

Participation in Interactive Portions of the Website & Related Social Media Channels 

1. The Website may contain interactive components where you can submit material to the Website. 

2. Any intellectual property rights in any material submitted to the Website becomes and remains the sole  property of the Owner. You consent to all relevant acts or omissions in relation to that person’s moral rights in  his or her material which may or might otherwise constitute a breach or infringement of those moral rights and,  to the extent permitted by law, waives all of his or her moral rights in the material. 

3. The Owner may, but is not obliged to, moderate any material you submit to the Website or social media pages  including, without limitation, changes to spelling and grammar, and any material which may be offensive,  defamatory or irrelevant. The Owner reserves the right to remove any material for any or no reason. We may also  restrict, suspend or terminate your use of the Website or social media channel where we believe that you have  misused it or breached this Agreement.   

Reviews 

To comply with Australia laws, we are required to monitor all publicly posted product reviews on our website  and in accordance with Australian laws, remove any of these reviews if they appear fake, offensive, defamatory  or irrelevant. This also includes reviews that imply a product has caused any medical conditions including  allergies or reactions. Star ratings on reviews can not be altered by us, but we may need to edit reviews on  occasion to omit words which appear defamatory or offensive. If are free to contact us on  info@thebodybank.com.au for any further clarification on review monitoring and for a copy of the legal code.  Please note that if you contact us, we can amend reviews so they can still be posted rather than removed all  together.