Condition of Use
Conditions of Use
This website www.nextgcal.com (“the Website”) is owned and operated by Max Biocare Pty Ltd ABN 95 107 235 692. Your access to this Website is conditional upon your acceptance of the terms and conditions contained in this document and elsewhere throughout the Website and its Materials, collectively known as the Conditions of Use.
Acceptance of Conditions of Use
By using this Website, you acknowledge, accept and agree to be bound by these Conditions of Use. If you do not agree with these Conditions of Use, do not use this Website. Max Biocare Pty Ltd reserves the right to amend, alter or vary any of the Conditions of Use of this Website without notice to you. Any amendments, alterations or variations made to these Conditions of Use will be effective immediately. Continued use of this Website by you following any change to these Conditions of Use will be regarded as acceptance of those changes. These Conditions of Use were last amended on 17 June, 2008.
Privacy
Max Biocare Pty Ltd is committed to protecting the privacy and personal of our customers in accordance with the National Privacy Principles that support the Australian Privacy Act 1988 (‘The Act’). Pursuant to the National Privacy Principles underlying The Act, the Conditions of Use contained herein cover all information that may be collected by Max Biocare Pty Ltd through our telephone, mail or online services.
Unless you give us express consent to do otherwise, Max Biocare Pty Ltd will only collect and use your personal information as detailed in these Conditions of Use. We take your privacy seriously, and therefore encourage you to read these conditions carefully in order to ensure you understand how we handle your information.
Collecting Your Information
In order to provide the best possible services and products to you, personal information may be collected from time to time via questionnaires, competitions or services such as our ‘Ask a Naturopath’ service. This personal information is supplied directly and voluntarily by you when you enter your details or provide us with feedback. In collecting this information, we will endeavour to ensure the accuracy of your details, and delete those which are no longer required.
Use and Disclosure of Your Information
Max Biocare Pty Ltd will undertake all necessary and reasonable steps to protect your personal information, which will not be used or disclosed without your consent except as required by law.
Your information will not be sold or rented by us to any third party without your permission. The information you provide to Max Biocare Pty Ltd will only be used in order to market our products and services, provide anonymous statistical data for marketing analysis, or to contact you with the details you provide in order to provide you with further information or newsletters about Max Biocare Pty Ltd and the products and services we may provide to you.
Accessing, Changing or Deleting Your Information
The information you have submitted to Max Biocare Pty Ltd may be accessed, changed or deleted by you at any time. In order to ascertain what personal or private information may be held on you, contact our Privacy Officer for further assistance. Wherever practicable, Max Biocare Pty Ltd will endeavour to satisfy all reasonable requests to view, alter or delete personal information within 14 days.
Opting Out of Communication
You may opt out of communication with Max Biocare Pty Ltd at any time, and cease to receive marketing or promotional information from us. In order to opt out, you may contact the company directly at any time. Additionally, an opt out mechanism will be included on all direct marketing correspondence. Max Biocare Pty Ltd will endeavour to satisfy all requests to opt out of communication within 14 days.
Cookies
Cookies are alphanumeric identifiers that may be transferred through your web browser to your computer’s hard drive for record keeping purposes. Cookies are used by Max Biocare Pty Ltd in order to enhance our website and deliver our services to you as efficiently as possible. While cookies do not identify you personally, they may identify your browser, allowing us to remember which areas of our site you have visited previously. If you do not wish to receive any cookies, you may change your browser settings to refuse them. However, if you reject cookies from your browser you may not be able to take full advantage of all areas of our website.
Links from this Website
Max Biocare’s website may contain links to other third party websites beyond our control. Max Biocare is not responsible for the conduct of companies linked to our website. We therefore recommend that you examine conditions of use on all external websites before providing your personal information.
Virus Warning
Max Biocare does not represent or guarantee that any files or other Materials obtained from or through this Website are free from computer viruses or other defects, including trojan hoses and worms. Any files or Materials accessible through this website are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files or materials.
Copyright
Max Biocare Pty Ltd is the sole owner of copyright in all texts, graphics and layouts (“Materials”) contained in this Website unless expressly indicated to the contrary. Except as indicated below, or as permitted by the Copyright Act 1968 (Cth) or applicable laws, the use, reproduction, communication, distribution or alteration of any Materials contained within this website for public or commercial purposes without express written permission obtained from Max Biocare is prohibited.
Disclaimer
The Materials contained within this Website have not been approved by the Australian Therapeutic Goods Administration (TGA), and are not intended to provide personal medical advice, which should be obtained from a medical professional. Max Biocare will strive to ensure that all information contained in this Website and its Materials is up to date and correct. However, all information is provided on an “as is” and “as available” basis. Therefore, Max Biocare Pty Ltd does not make any representations or warranties as the accuracy or completeness of any of the information contained in this Website and its Materials. The use of this Website and its content is entirely at your own risk.
Limited Liability
To the maximum extent permitted by law, under no circumstances will Max Biocare Pty Ltd be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any information or Materials contained in this Website or any material on a third party website, whether caused by negligence on the part of Max Biocare Pty Ltd or otherwise. Max Biocare’s liability for a breach of any condition or warranty implied by law which cannot be excluded is limited, to the full extent possible, to supplying the relevant goods or services again; the repair of the goods; or the payment of the cost of having the goods or services repaired or supplied again.
Indemnity
You agree to defend, indemnify and hold Max Biocare Pty Ltd, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement, transmission or reproduction of any Materials on this Website by you.
Termination
In its sole discretion, Max Biocare Pty Ltd may terminate, restrict or suspend your access to any or all parts of the Website for any reason without notice. In the event of any such termination, restriction or suspension, you are no longer authorised to access the website. However, all disclaimers, limitations of liability and indemnities detailed in these Conditions of Use will survive termination, restriction or suspension.
Governing Law
These Conditions of Use are governed by, and to be construed in accordance with, the laws of the state of Victoria, Australia. By accepting these Conditions of Use, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
Severability
Should any term or provision in these Conditions of Use be found invalid or unenforceable by a court of law, it shall be severed from the Conditions of Use to the extent of its invalidity only. The remainder of the Conditions of Use shall continue to have full force and effect.
Contact Us
Max Biocare
Suite 19-20, Level 3 COMO Centre
299 Toorak Road
South Yarra VIC 3141
Australia
ACN 107235692