Terms of Use

Please read the following Terms and Conditions carefully before using this Web Site.

This Web Site is owned and operated by BodyEarth Pty Ltd (ABN 24 143 844 544). This Web Site ("Site") and the materials contained on it ("Contents") are provided by BodyEarth Pty Ltd ("BodyEarth") for informational purposes only. The Terms and Conditions ("Terms") set out in this document apply to all users of this Site. By using this Site, you accept and agree to all of these Terms. Please ensure that you read these Terms carefully. If you do not agree to these Terms, do not use this Site or download or copy materials from this Site.

BodyEarth reserves the right to amend these Terms at any time. Please check these Terms at regular intervals for any changes. Your continued use of the Site following any change to these Terms will be deemed acceptance of those changes.

Disclaimer

Your personal information will only be collected by an authorized representative of the company. These representatives are generally employees of the company, who have been specifically trained to collect and deal appropriately with the sensitive nature of the information we require. Under no circumstances will your personal information ever be disclosed, sold or passed on to a third party, unless specifically and explicitly authorized by you.

How Your Information Will Be Collected

Your personal information will only be collected by an authorised representative of the company. These representatives are generally employees of the company, who have been specifically trained to collect and deal appropriately with the sensitive nature of the information we require. Under no circumstances will your personal information ever be disclosed, sold or passed on to a third party, unless specifically and explicitly authorised by you. BodyEarth is not liable to you or anyone else for any loss in connection with the use of this Site or a Linked Site. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

BodyEarth does not warrant that access to this Site will be uninterrupted, or that the services offered on the Site will be error-free. BodyEarth reserves the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.

The Contents, including any testimonials provided to and displayed on this Site, and all products purchased through this Site are provided "as is" without warranties of any kind, either express or implied.

The Contents of this Site may contain errors, in-accuracies and typographical errors. BodyEarth uses reasonable endeavors to update the Site regularly; however, BodyEarth makes no representation as to the accuracy, currency or completeness of the Contents or to the reliability of any advice, opinion, research, statement or any information displayed on this Site.

All information displayed on this Site is provided on an "as is" basis only and you are responsible for assessing its accuracy and rely on it entirely at your own risk.

BodyEarth assumes no responsibility and shall not be liable for any damages to, or viruses, worms or trojans that may infect your computer equipment or other property on account of browsing the Site or downloading of any materials, data, text, images, video, or audio from the Site.

BodyEarth does not and will not provide medical advice of any kind. The Contents of this Site relate to non-medical grooming suggestions only and not medical advice. Testimonials contained on this Site and all BodyEarth responses to submitted questions constitute non-medical grooming suggestions only and are not medical advice. Such information is provided only for the purpose of informing consumers on beauty, cosmetics and personal care topics only. BodyEarth will not be liable for any complications, injuries or other medical problems arising from, or in connection with, the use of this information. If any irritation or other adverse reaction occurs, discontinue use immediately and seek professional medical advice.

Limitation of Damages

BodyEarth excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to use of the Site, whether or not caused by BodyEarth negligence, and whether or not the possibility of loss was known to BodyEarth.

Any liability of BodyEarth that cannot be excluded or that is not otherwise excluded in these Terms, where permitted by law, limited at the option of BodyEarth to resupply of the relevant product or services or the payment to you of the cost of having the relevant goods or services supplied.

Indemnity

You must maintain the confidentiality of any identification information, including username and password, used to access this Site. You are entirely responsible for any purchases made through this Site using your username and password. You hereby indemnify BodyEarth from any liability or expense arising from use or misuse of the Site by using your username and password or the misuse of the Site by you.

Copyright/Trademark

This Site, the Contents and the collection, arrangement, assembly and display of the Contents are the exclusive property of BodyEarth and are protected by international and Australian copyright laws. You are provided with access to it only for personal and non-commercial use.

The BodyEarth names mentioned or shown at this Site are registered trademarks, trademarks or service marks of BodyEarth in Australia. BodyEarth trademarks or service marks may not be used in connection with any product or service that is not a BodyEarth product or service, in any manner that is likely to cause confusion among customers or in any manner that refers to BodyEarth in a negative way.

BodyEarth acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at this Site. Nothing contained in the Site grants any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of BodyEarth or thirdparty owner.

Your misuse of the trademarks displayed on this Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that BodyEarth will immediately and without notice enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution and damages.

Limited Use

Subject to these Terms, BodyEarth grants you a non-exclusive, non-transferable, limited license to access, display and use this Site and its Contents. BodyEarth authorizes you to view and download the Contents for personal and non-commercial purposes only. The Contents may not be modified or re-posted to other sites. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws world-wide in your use of this Site and prevent unauthorised copying of the Contents. BodyEarth does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

Submission of Comments

BodyEarth does not wish to receive any information or materials via this Site that are defamatory, threatening, obscene, harassing, or otherwise unlawful or that contain the proprietary material of another. Any information that you provide of a confidential personal nature will be handled in accordance with the Privacy Policy of this Site.

Link to External Sites

No person or entity may link to this Site without the written consent of BodyEarth. If you wish to create a link to this Site you can contact BodyEarth as described on the Contact Us page of this Site. External Sites are not under the control of BodyEarth and we are not responsible for the conduct of companies that may be linked to our Site with or without our consent. BodyEarth is not responsible for the accuracy, legality or decency of material or copyright compliance of any such External Sites.

Jurisdiction

These Terms are to be governed by and construed in accordance with the laws ofthe State of Queensland in the Commonwealth of Australia. BodyEarth makes no representation that the Contents are appropriate or available for use at other locations and access to them from jurisdictions where the Contents are illegal is prohibited. You must not import, export or use the Contents in violation of any applicable laws. In accessing this Site you are solely responsible for compliance with all applicable local laws.

Through publication of this Site, BodyEarth does not intend to submit to the jurisdiction of any court outside the State of Queensland in the Commonwealth of Australia and venue for any dispute arising out of the contents or use of this Site shall be in a State or Federal court in the State of Queensland in the Commonwealth of Australia.

Prices

All prices detailed on this Site are in, and are payable in Australian Dollars and include GST (Goods and Services Tax) where applicable. The actual amount payable in foreign currency is calculated at the prevailing conversion rate, as determined by your credit card provider.

BodyEarth reserves the right to vary the prices without prior notice. Product prices shown on the Site exclude shipping and handling fees. Please refer to the ordering and shipping page of the Site for shipping and handling fees. You will be advised of any shipping and handling fees on the online order form when completing your online purchase.

All purchases must be paid for in full and cleared before BodyEarth will deliver the product to you. Payments must be made by credit card or EFT via Paypal, chequesare accepted but products will not be dispatched until funds have cleared.

Miscellaneous

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

The information on this Site and these Terms have been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia, you agree to indemnify BodyEarth for any loss, costs, liability or damage which BodyEarth may incur as a result.