WEBSITE TERMS OF USE
IMPORTANT NOTICE: The information (including text, images, graphics and all other materials) provided on this website is for information purposes only. You should seek assistance from a health care professional when interpreting these materials and applying them to your individual circumstances. If you have any concerns about your health you should consult your general practitioner.
1. Formulite
This website (the “Website”) and the Formulite Online Community (the “Online Community”) is owned and operated by Formulite Pty Ltd (ACN 607 095 241) (“Formulite”).
2. Acceptance of these Terms of Use
You may only access and use the Website and Online Community if you agree with and comply with these terms of use and the Formulite Privacy Policy, and the Website Terms of Sale (together the “Terms and Conditions”).
Please read these Terms and Conditions carefully before using the Website or Online Community.
Formulite reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.
3. Additional Terms and Conditions
Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Website. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of Website or Online Community or for any good or service offered through the Website, the latter terms will apply with respect to your use of that part of the Website or Online Community.
4. Technical Requirements
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Website or Online Community.
5. Use of the Website
When using the Website, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Website, or make any commercial use of the Website, without the prior written permission of Formulite. Elements of the Website, such as blogs, may allow you to comment or otherwise create or post Material on the Website. All such comments or Material posted on the Website or Online Community will be subject to these Terms and Conditions.
From time to time, Formulite may have to collect personal information about you in order for you to use the Website or to provide you with goods or services purchased via the Website. Please refer to the Formulite Privacy Policy for information on how Formulite collects, stores, uses and discloses personal information.
6. Intellectual Property in Content on the Website
All intellectual property in the Website and Online Community and in content on the Website and Online Community is property of Formulite or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
Formulite does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Formulite will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.
7. Trade Marks
You must not use any Formulite trade marks without the prior written approval of Formulite.
8. Prohibited Material and Activity
Prohibited Material includes, but is not limited to Material that:
(a)is unlawful, criminal, threatening, harassing, abusive, defamatory, harmful, libellous, contemptuous, obscene, vulgar, pornographic, profane, inappropriate, hateful, indecent or otherwise racially, ethnically or otherwise objectionable;
(b) violates or infringes the rights (such as rights of privacy, publicity, copyrights, trade mark rights and contract rights) of any other person or party or infringes any law;
(c) promotes, incites or instructs in criminal activity or violence, or in conduct that may give rise to civil liability;
(d) advocates the doing of a terrorist act;
(e) provides gratuitous, exploitative or offensive depictions or violence, sexual violence, or fantasies which are offensive or abhorrent, or which provides explicit or graphic depictions or descriptions of sexual acts or fetishes;
(f) contains excessive nudity or violence or contains a link to an adult website;
(g) constitutes or promotes information that you know is false, misleading or deceptive;
(h) solicits personal information from anyone under 18 years of age;
(i) promotes illegal activities;
(j) advertises any illegal services or the sale of any items which are prohibited or restricted by any law;
(k) constitutes or promotes copyright infringement; or
(l) contains personal or identifying information about another person, including but not limited to a photograph or video of another person, without that person’s consent.
Prohibited uses of the Website include, but are not limited to:
(a)violating these Terms and Conditions or any policy posted on the Website or Online Community;
(b)using the Website or Online Community in a manner inconsistent with applicable policies, laws, statutes, and regulations;
(c)criminal or tortious activity or the infringement of intellectual property rights;
(d)circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of the Website or Online Community;
(e)deleting, circumventing or altering any legal notices, rights management information or technological protection measures;
(f)activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
(g)interfering with the use of the Website or Online Community by others, including but not limited to interfering with the computer systems which support the Website, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or
(h)impersonating or falsely representing your association with any person or organisation.
Formulite may take action (including legal action) against any person who, in Formulite’s determination, engages in any prohibited activity on or through the Website or Online Community. Formulite reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.
9. Formulite Online Community Guidelines
The Online Community may be hosted by Formulite or by a third party service, in Formulite’s discretion. As of the date of these Terms and Conditions the Online Community is hosted as an open Facebook For Business Page. These Terms and Conditions, including the Prohibited Activity section above, will apply in respect of the Online Community. In addition to being bound by these Terms and Conditions, your use of the Online Community will be subject to the terms of use of any third party host of the Online Community, and you should familiarise yourself with the terms of use of any third party host of the Online Community before deciding whether or not to participate.
You must have a valid Facebook account to access the Online Community, and must agree to and comply with:
(a)Facebook’s Terms of Service: https://www.facebook.com/legal/terms; and
(b)Facebook Community Standards: https://www.facebook.com/communitystandards,
in addition to these Terms and Conditions.
By submitting, posting or placing any text, files, images, photos, video, sounds, musical works, works of authorship or any other material on the Website or Online Community (together the “Material”) or by accessing the Website or Online Community, you grant to Formulite a perpetual, royalty-free, non-exclusive, sub-licensable, transferable, irrevocable, unrestricted, assignable, worldwide licence to do the following in respect of the Material:
(a) use, modify, delete from, add to, copy, reproduce, adapt, communicate, transmit, broadcast, make available, publish, print, publicly perform or display, make derivative works of, or otherwise deal with in any way, for any purpose, in any medium whether now known or hereafter invented; and
(b) transfer, assign or sublicense any or all of the foregoing rights to any person.
You warrant that:
(a) you own the Material or otherwise have the right to post it on the Website or the Online Community and to grant the licence to Formulite as set out in this clause; and
(b) the Material and its use pursuant to this clause does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any other right of any party or otherwise contravene any law. You indemnify Formulite and hold Formuilte harmless and any of its assignees or licensees from and against any claim, liability, loss or damage arising out of your breach or alleged breach of this warranty.
You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law:
(a) assigns in favour of Formulite and its licensees and their assigns all of the author’s moral rights, or where an assignment of moral rights is not able to be made at law, waives in favour of Formulite and its licensees and their assigns all of the author’s moral rights; and
(b) consents to any and all acts or omissions of Formulite and its licensees and assigns which would, but for this consent, infringe any of the author’s moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the Material and its use.
The Online Community may be discontinued by Formulite at any time in its absolute discretion.
There is no inherent monetary value in the access to the Online Community and no refunds or other compensation will be given in the event that:
(a)a customer is unable to access the Online Community for any reason; or
(b)the Online Community is discontinued.
10. Material Posted
Formulite reserves the right (but is under no obligation) to, without liability, monitor, alter, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend or terminate your access to the Website (or part thereof) or the Online Community (or part thereof) at any time if Formulite determines, in its sole discretion, that you have breached these Terms and Conditions or any applicable law or you pose a threat to Formulite or any of its users.
Formulite takes no responsibility for monitoring the Website and Online Community for inappropriate material or conduct, irrespective of whether it chooses to from time to time. Formulite assumes no responsibility for the Material, no obligation to modify or remove any inappropriate Material, and no responsibility for the conduct of any user submitting such Material.
You are solely responsible for the Material that you post or transmit on or through the Website and Online Community and for your interactions with other users.
The opinions expressed by users of the Website and Online Community solely reflect the opinions of the individuals who submitted such opinions and do not reflect the opinions of Formulite. Formulite is not responsible for the accuracy of information provided by users. Under no circumstances will Formulite, its employees, officers, directors, shareholders, agents, representatives, or affiliates be liable for any loss or damage caused by your reliance on or use of any Material posted by users of the Website or Online Community.
11. Third Party Websites
The Website may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Formulite and Formulite is not responsible for the content of these sites. Formulite makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
12. No Unsolicited Email or Spam
The Spam Act 2003 prohibits the sending of Spam. “Spam” is an unsolicited commercial electronic message sent without the consent of the person who receives the message via email, SMS, MMS, instant messaging or similar technologies.
You must not use the Website or the Online Community to transmit, directly or indirectly, Spam or bulk communications that include Spam, including by posting any unsolicited commercial message within the Online Community.
If you use any feature of the Website or the Online Community for the purpose of sending Spam, Formulite reserves the right to immediately terminate your account or access to the Website or Online Community and to seek appropriate legal recourse, as necessary.
13. Termination
These Terms and Conditions are effective until terminated by Formulite and Formulite may terminate these Terms and Conditions without prior notice to you.
14. Limitation of Liability
Formulite does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Formulite does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website and Online Community which may be excluded under law, custom or statute.
To the maximum extent permitted by law Formulite’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Formulite for that good or service.
Formulite will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Website and Online Community, even if Formulite has been advised of the possibility of such damages or losses.
15. Disclaimer
The Website and Online Community are provided as-is and as available. Subject to clause 11, Formulite makes no warranties of any kind, express or implied, about the Website, the Online Community, or the goods and services provided through the Website, including but not limited to any warranties:
(a) about the accuracy and reliability of the material posted on the Website or Online Community;
(b) that your access to the Website or Online Community or the material on the Website and Online Community will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
Formulite is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Website or Online Community.
Formulite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Formulite is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Website or Online Community. Formulite also expressly disclaims any warranty of fitness for a particular purpose.
Formulite reserves the right to modify, suspend, or terminate operation of or access to the Website, the Online Community, or any portion of the Website or Online Community and to interrupt the operation of the Website or Online Community or any portion of the Website or Online Community as necessary to perform maintenance at any time, for any reason and without notice.
16. Indemnity
You indemnify Formulite, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(a) any breach or alleged breach by you of these Terms and Conditions, including the Formulite Online Community Guidelines;
(b) your use of the Website and the Online Community; and
(c) any violation of any law or the rights of any third party.
17. Waiver
Formulite’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
18. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Formulite regarding your use of the Website and Online Community, superseding any prior agreements between you and Formulite relating to your use of the Website and Online Community.
19. Severability
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
20. Rights and Remedies Cumulative
Formulite’s rights and remedies are cumulative and none of them limits any other remedy or right of Formulite. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
21. Assignment
Formulite may assign its rights under these Terms and Conditions in whole or in part to any other person in Formulite’s absolute discretion.
22. Governing Law
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.
Last Updated: 29 September 2016