Terms of Use

1. Registration

1.1. You may need to be a registered member to make orders and access certain features of our website.

1.2. When you register and activate your account, you will provide us with personal information such as your name and email address, telephone number and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy www.bodykonect.com.

1.3. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

1.4. If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (Minor) to create an account, you agree to:

• exercise supervision over the Minor's use of our website and account;
• assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
• assume liabilities resulting from the Minor's use of our website and their account;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.

1.5. We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

2. Collection of Personal Information

2.1. We collect personal information about you in order to process your registration and any purchases you make and for purposes otherwise set out in our Privacy Policy at www.bodykonect.com

2.2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.

2.3. Our Privacy Policy explains:

• how we store and use, and how you may access and correct your personal information;
• how you can lodge a complaint regarding the handling of your personal information; and
• how we will handle any complaint.

2.4. If you would like any further information about our privacy policies or practices, please contact us at admin@bodykonect.com

3. Purchases

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

4. Permitted Use of the Site

4.1. Unless otherwise stated, all content, images, software and designs on the Site (Content) are owned by BodyKonect or used under licence. Subject to the licence below, all intellectual property rights subsisting in the Content are reserved.

4.2. You may only access and use the Content for your personal use, unless you have our written approval. You may view, download for caching purposes and print out any Content for your personal use. All other use, copying or reproduction of the Site or Content is prohibited (except as permitted by relevant copyright laws).

4.3. You may not reproduce or republish any of the Content on any other website. If you seek to reproduce or use the Content in any way, it is your responsibility to obtain our approval first.

4.4. You must not attempt to reverse engineer, modify, copy, transfer, sell, distribute or disassemble any of the software, data, code, information or Content made available or accessible to you via the Site.

4.5. We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

5. Linking and Third Party Content

5.1. BodyKonect welcomes links to this Site, provided that:

• links to this Site are not misleading in any way;
• you do not use the BodyKonect logo to link to this Site without our express permission;
• you do not frame the Content or use any similar technology in relation to the Content; and
• on the request of BodyKonect, you will promptly delete any links to the Site which are within your control.

5.2. The Site may contain links to third party websites which should be used at your own discretion.

5.3. BodyKonect does not sponsor or endorse any external website. We are not responsible for the content or reliability of any linked websites and cannot guarantee that these links will work all of the time or will not contain viruses.

5.4. BodyKonect does not accept any liability in relation to User Content or your use of or interaction with third party websites (and associate content) or businesses, nor do we make any guarantee or promises regarding the content, products or services that they provide.

6. Privacy

6.1. We understand that privacy is important to you. We are committed to protecting your privacy by handling personal information securely and with care in accordance with Australian privacy laws.

6.2. Our Privacy Policy is available at www.bodykonect.com and is incorporated into these Terms.

7. Acceptable Use

7.1. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in connection with any unlawful, fraudulent or harmful purpose or activity.

7.2. You must not use the Site to copy, store, host, transmit, send or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse or other malicious computer software.

7.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.

8. Breach of Terms

If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:

• block, suspend or limit your access to the Site; and/or
• take legal action against you.

9. Limitation of Liability

9.1. You use the Site at your own risk.

9.2. We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

9.3. We reserve the right to change or discontinue any feature or service on the Site at any time.

9.4. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms. In particular, we provide no warranty that:

• the Content is up to date, reliable or accurate; or
• the Site or services provided by BodyKonect are suitable for your specific circumstances or purpose.

9.5. BodyKonect disclaims any and all liability for the acts, omissions and conduct of any third parties connected with your use of the Site. We are not responsible for the products, services, actions or failure to act of any third party in connection with or referenced on the Site.

1. BodyKonect's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that BodyKonect, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. BodyKonect is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website, by third parties or by any of the Purchase Services offered by BodyKonect.

10. Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site, including any breach by you of these Terms.

11. General Provisions

11.1. The Terms shall in all respects be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under the User Terms.

11.2. If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.

11.3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

1. You acknowledge that BodyKonect does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. BodyKonect will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   2. BodyKonect will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products of BodyKonect (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of BodyKonect, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BodyKonect make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
   4. the Content or operation in respect to links which are provided for the User's convenience;
   5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
   6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.