Terms and Conditions

1. The Website is operated by BodyKonect (ACN 610 174 582)(ABN 45 610 174 582). Access to and use of the Website, or any of its associated Products or Services, is provided by BodyKonect. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
2. BodyKonect reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BodyKonect updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BodyKonect in the user interface.

Registration to Use the Purchase Services

• In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).
• You warrant that any information you give to BodyKonect in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
• You may not use the Purchase Services and may not accept the Terms if:
  1. you are not of legal age to form a binding contract with BodyKonect; or
  2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

1. Introduction

1.1. By placing an Order using the Site, the Customer agrees to be bound by the following Terms and Conditions.

1.2. To place an Order, the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to BodyKonect.

2. Interpretation

3. Purpose & Application

3.1. These Terms and Conditions apply to, and are expressly incorporated into, any Order for the supply any Product by BodyKonect to the Customer.

3.2. These Terms and Conditions are governed by & construed in accordance with the laws of Victoria, Australia.

3.3. Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms and Conditions is invalid under any Law, that provision is enforceable to the extent that it is not invalid, & if it is not possible to give that provision any effect, then it is to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to have full force and effect.

4. Orders

4.1. The Customer may place an Order on the Site using the shopping cart.

4.2. Upon placing an Order, the Customer will receive an Acknowledgment. An Acknowledgement does not mean BodyKonect has accepted any Order or any Product the subject of an Order has been dispatched.

4.3. An Order is accepted when payment for the Order is processed by BodyKonect.

4.4. The Customer should receive a Confirmation Email within 24 hours of the Acknowledgement.

4.5. If a payment has been processed and the Customer has not received an Acknowledgement or Confirmation Email within 24 hours, the Customer should contact customer service on BodyKonect.

5. Availability of Products

5.1. The Site indicates whether a Product is currently stocked by BodyKonect.

5.2. If a Product is shown as stocked on the Site at the time of an Order is placed by a Customer and the Product becomes unavailable prior to dispatch, the Customer may:

• if the Order comprises more than one Product, accept the Product which is in stock and receive a refund of the Price paid for the Product which is no longer available; or
• nominate a substitute Product that is of equal or less value to the Product which is no longer available and receive a refund for the difference between the Price paid and the price of the substitute Product; or
• nominate a substitute Product that is of greater value to the Product which is no longer available and make payment of the difference between the Price paid and the price of the substitute Product; or
• cancel the Order in full and receive a full refund of the Price and any Shipping paid.

5.3. BodyKonect reserves the right not to honour any incorrect offers represented on the Site made by genuine human or system error.

5.4. The Customer acknowledges and agrees that all pictures and images of any Product displayed on the Site are for illustrative purposes only.

6. Prices

6.1. Prices are exclusive of all other charges except to the extent that they are expressly included in the Price. For the avoidance of doubt, Shipping is charged in addition to the Price and is specified on the shopping cart page when placing an Order.

6.2. In addition to any amounts paid when placing an Order, the Customer will be responsible for all Additional Charges which may arise from the Order and as described in clause 8.

6.3. BodyKonect reserves the right to alter the Price without notice to the Customer, and such altered Price will apply to all future Orders placed by the Customer, but not to any Order the Customer submitted prior to the alteration.

7. Payment

7.1. The Customer will pay for the Price in accordance with any of the methods specified on the Site.

7.2. By paying by credit card, the Customer authorises BodyKonect to debit their nominated card an amount equivalent to the Price and Shipping.

7.3. The Customer acknowledges and agrees that a payment of the Price and Shipping will be cleared by BodyKonect before the Product is dispatched. If payment cannot be processed, an Order will be cancelled.

9. Promotions

9.1. BodyKonect may, from time to time, offer promotional discounts & special offers by providing a Customer with a Promotional Code.

9.2. A Customer may redeem a discount or offer by entering the Promotional Code in the 'redeem coupon' section of the Site's shopping cart. The promotion or discount will then be deducted from the Price.

9.3. A Promotional Code is valid for one use, unless otherwise specified, and must be used prior to its expiry date.

9.4. The Customer acknowledges and accepts that the Promotional Code must be entered at the time an Order is placed and the Supplier will not apply a Promotional Code to an Order after it has been placed.

10. Cancellation

If BodyKonect has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time or at all due to circumstances beyond its reasonable control, BodyKonect may, without penalty, cancel the Order, in which case, BodyKonect will refund the Customer the Price and any other fees already paid in respect of that Order.

11. Cancellation by Customer

11.1. If a Customer cancels a booking by BodyKonect with at least 24 hours notice prior to conducting a service, in accordance with these Terms and Conditions, the Customer is entitled to a refund of the Price paid.

11.2. If a Customer cancels an Order after dispatch, BodyKonect, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.

Purchase of Products and Returns Policy

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
2. Payment of the Purchase Price may be made through (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3. Following payment of the Purchase Price being confirmed, you will be issued with a receipt to confirm that the payment has been received and may record your purchase details for future use.
4. BodyKonect may, at their sole discretion, provide a refund on the return of the Products within a reasonable period where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

14. Limitation of Liability

14.1. Unless such liability cannot be excluded by virtue of the Law, BodyKonect will not be liable in any circumstances for any loss (including Consequential Loss) or damage:

• to any property or person whatsoever arising from the supply, or delay in supply, of the Product; or
• to any person arising from the failure to supply as a result of:
  • the Customer providing an incorrect delivery address; or
  • the Product being left at a delivery address that is unattended at the time of delivery where the Customer has authorised delivery.

14.2. For the avoidance of doubt, BodyKonect is not responsible to a Customer for any loss or damage to the Product in transit caused by any event of any kind or by any person (whether or not BodyKonect is legally responsible for the actions of that person).

15. Warranties

15.1. To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in this Terms and Conditions are expressly excluded.

15.2. If the Customer is not a Consumer, to the full extent permitted by Law:

• BodyKonect will not be liable in any circumstances for any loss or damage (including Consequential Loss) to the Customer or any property or third party whatsoever arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product; and
• Customers shall indemnify us against any claims arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product.

1. BodyKonect's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
2. You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within a reasonable period from the date of purchase (Warranty Period).
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to BodyKonect by email.
4. Where the Warranty Claim is accepted then BodyKonect will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by BodyKonect and shall be the sole and exclusive remedy available to you in addition to other rights under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

16. Force Majeure

Neither party will be liable for any failure or delay in the performance of their obligations under these Terms and Conditions, except an inability to pay any money when due, where such failure or delay is caused by an event or circumstance which is beyond their reasonable control, could not be overcome by the exercise of reasonable care and could not have been reasonably foreseen.

17. Intellectual Property

17.1. The Customer acknowledges and agrees that the Intellectual Property Rights in any software or content published or otherwise available to the Customer via the Site is owned by BodyKonect or is used under licence and is protected under the laws of Australia and through international treaties.

17.2. Whether before, during or after the expiry or termination of these Terms and Conditions, Customers will:

• not do anything which may conflict with our ownership or protection any Intellectual Property Rights owned by BodyKonect or our licensors; or
• not use, disclose, reproduce, publish, copy, perform, communicate, exhibit, show, broadcast or adapt any Intellectual Property Rights owned by BodyKonect, without the authorisation of us or our licensors as applicable.

1. The Website, the Purchase Services and all of the related products of BodyKonect are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by BodyKonect or its contributors.
2. BodyKonect retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
   1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of BodyKonect; or
   2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
   3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3. You may not, without the prior written permission of BodyKonect and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

18. Confidentiality

Information supplied by a party to the other party is confidential except to the extent that it becomes public knowledge, and will not be disclosed to a third party without the written consent of the party who originally supplied the information, or as required by Law.

19. Variations

These Terms and Conditions may be amended by BodyKonect from time to time and if the Customer does not cancel its current Order within 5 days of receiving a notice of amendment, or places a further Order after receiving such notice, the Customer will be deemed to have accepted these Terms and Conditions, as amended, and they will apply to each current and future Order.

20. Waiver

A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.

21. Indemnity

1. You agree to indemnify BodyKonect, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
   1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
   2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
   3. any breach of the Terms.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the relevant authority or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Victoria, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by BodyKonect are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.