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Terms of Service
The BioCeuticals website (the “Site”) is part of our ongoing commitment to guide the industry with progressive expertise. Leading the way with breakthrough innovation, quality and education, our approach has always been that health isn’t just about healing, it’s about supporting.
Today, BioCeuticals is a leading Australian practitioner brand, proudly supporting Healthcare Professionals for over 30 years. At the forefront of natural health, we harness the unrivalled power of nature to heal, creating innovative products that deliver effective, holistic, therapeutic care.
Our products are only available from Healthcare Professionals in Clinics, Health Food Stores, Pharmacies and select online stores, so you can feel assured they’ll always come hand-in-hand with quality and personalised advice.
It’s important to note that the Site is an information resource and should not be a substitute for medical advice, diagnosis or treatment.
The following terms constitute an agreement between you and FIT-BioCeuticals Pty Ltd, the operator of the Site (“BioCeuticals”, "we" or "us"). These Terms of Service, along with the Terms of Purchase, the BioCeuticals Range – Sale & Supply Policy, the BioCeuticals Clinical Range – Sale & Supply Policy and the Privacy Policy (collectively, “BioCeuticals Policies”) explain our Site rules, terms and conditions. Please read the BioCeuticals Policies carefully before you use or register for this Site.
By using the Service, and/or by registering with us, you signify that you agree to these Terms of Service (as updated from time to time), including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy.
1. About the Site
The Site contains a range of information and tools about health and wellbeing. Our content is written by us or writers we’ve commissioned, that provides healthcare professionals with the latest evidence-based information on complementary medicine, combining research and expert knowledge to offer clinically relevant, science-based resources.
2. Account Registration
When you register on the Site you are required to provide your name, email address, and a password. These are your credentials for accessing Services that are only available to members ("Credentials"). Note that you may also be required to provide additional documentation as part of the registration process, for example Qualified Healthcare Professionals must provide Government Accredited Healthcare Related Professional Association details.
3. Privacy and Information Security
Any personal information collected by us through your use of this Site will be dealt with in accordance with our Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information you transmit to us is transmitted at your own risk. Nevertheless, once we receive your data we will take reasonable steps to preserve the security of the information.
4. Your Responsibilities
You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorised access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
5. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.
6. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Any new Service that we introduce and that you use will be governed by these Terms of Service.
7. Links to Other Sites
The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8. Additional Terms
Certain Services on the Site may have additional terms (such as policies and guidelines) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
9. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
10. Your Use of Content
All of the content available on or through the Services and/or the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the content, for example by printing, downloading, storing and distributing articles and other information for your own personal use or for your business purposes in accordance with the BioCeuticals Policies. You may not sell, mine, exploit, frame or scrape any of the content.
11. Linking to this Website
You generally do not need to obtain permission from BioCeuticals to put a text link on your website that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.
12. Competitions
We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.
13. We Make No Warranties
We provide the Site and the Services "as is", "with all faults" and "as available." We and our suppliers make no express or implied warranties or guarantees about the Services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the Services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by a BioCeuticals representative shall create a warranty. You use the Site and the Services at your own risk.
For the avoidance of doubt, nothing in these Terms excludes or limits BioCeuticals’ liability for gross negligence, fraud or willful misconduct (by BioCeuticals and/or any of its employees or agents) or any conduct that may breach the consumer guarantees under the Australian Consumer Law.
14. We Do Not Provide Medical Advice
This Site and the Services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. Nothing stated or posted on this Site or available through any Services are intended to be, and must not be taken to be, the practice of medical or counselling care. Developments in medical research may impact the health, fitness and nutritional information that appears on this Site. No assurance can be given that the information contained on this Site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the Services does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
15. General Limitation of Liability
Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the Site and services, except where the damage arises due to BioCeuticals’ gross negligence or willful misconduct.
16. Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service, any of the BioCeuticals Policies, or other policies and terms posted on the Services by you or someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, provided we have provided you with advance notice of such cancellation or suspension. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your registration.
17. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. This indemnity does not apply to acts omissions or willful misconduct of BioCeuticals (and of its employees, officers, contractors and agents) which cause or contribute to any liabilities, claims and expenses. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
18. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the email address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
19. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. For the avoidance of doubt, nothing in this clause is intended to exclude liability for fraudulent misrepresentation or any other representations which cannot be excluded by law. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
20. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of New South Wales, Australia governs these Terms of Service and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.
21. Trademarks
All trademarks appearing on the Site are the property of their respective owners, including, without limitation, BioCeuticals. No right, license or interest to such trademarks is granted by this Agreement.
Last updated: October 2024