By using the Site, participating in the Rewards or Reviews Program, or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
2. Not Medical or Healthcare Advice
The products featured on this Site have not been evaluated by the TGA (Therapeutic Goods Association) and are not approved to diagnose, treat, cure or prevent disease. The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional, therefore it is advised that you contact your healthcare professional promptly should you have any health related questions.
Links to or access from any third party websites or social media website is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms and conditions set forth in this Agreement; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
4. Site Usage & Termination
You are required to establish an account on the Site in order to use certain features, such as making a purchase and having access to our rewards program.. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we, in our sole discretion, suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside Australia, or that this Agreement complies with the laws of any other country. Users of the Site outside of Australia do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges or Paypal are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
When you visit orcreate an account you agree not to use the Site to:
Your privacy and security are a top priority at Magnesium Australia. Since our inception, we have never rented, leased, or sold any customer information — and never will.
When you submit personal information on the Site you are consenting to the manner in which we will collect, use, disclose and otherwise manage your personal information, as set out below.
When you submit personal information on our website; your information is protected both online and offline. We do not have access to your actual credit card as when you submit an order you are using Paypal, therefore you are bound by their terms and conditions as user of that payment portal. All credits, if necessary are created via Paypal back into customer accounts. No credits are issued via cash or EFT for purchases made through magnesiumaustralia.com.au.
If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (Australia Post, Fastways Couriers or other delivery companies we or you select). Our delivery service providers are asked not to use your personal information for any purpose other than making the delivery.
In the event that we or some of our assets are sold or transferred or used as security, your personal information may be transferred to third parties as part of that transaction.
If we or any of our service providers are requested by law enforcement officials or judicial authorities to provide personal information on individual users, we or the applicable service provider may, without your consent, provide such information. In matters involving claims of personal or public safety. We or the applicable service provider may provide your personal information to appropriate authorities without your consent or legal process. We or our service providers also will provide your personal information in response to a legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us, the applicable service provider, or otherwise as required by law. We may also disclose personal information to assist in debt collection where you owe a debt to us.
6. Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. MAGNESIUM AUSTRALIA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM MAGNESIUM AUSTRALIA’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
MAGNESIUM AUSTRALIA EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGNESIUM AUSTRALIA BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MAGNESIUM AUSTRALIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN MAGNESIUM AUSTRALIA AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MAGNESIUM AUSTRALIA FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT (EXCLUDING FREIGHT) PURCHASED BY YOU FROM MAGNESIUM AUSTRALIA ON THE SITE.
You agree to indemnify, defend and hold harmless Magnesium Australia from and against all losses, expenses, costs and damages including legal fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to co-operate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the legal fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Magnesium Australia.
8. Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site, the Reviews and Rewards Programs, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by Australian and international copyright and other intellectual property laws and rights that are applicable. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation the tradename ‘Magnesium Australia’ are the sole property of Magnesium Australia and may not be copied or otherwise used, in whole or in part without the prior written authorisation of Magnesium Australia. In addition all page headers, custom graphics and custom icons are Marks of Magnesium Australia and may not be copied or otherwise used, in whole or in part without the prior written authorization of Magnesium Australia. Any use of any Materials or Marks owned by Magnesium Australia is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.
9. Magnesium Australia Rewards Program:
Your participation in the Rewards Programs is automatic and is effective until terminated by either us or you. Either we or you may terminate your Rewards Program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to us by sending an email to: firstname.lastname@example.org.
We may modify the terms of this Agreement and/or terminate the Rewards Program at any time and by our sole discretion, by posting a change or termination notice on our social media outlet. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and applicable rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR ACCOUNT AND CEASE USING OUR WEBSITE. CONTINUED ORDERING OR USE OF WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event of termination of the Rewards Program by us, our obligation is to distribute Rewards Program rewards to you, in the form of Rewards to be used towards magnesiumaustralia.com.au purchases. Our obligation is limited to a maximum of three months of Rewards, calculated based on your Rewards for the month prior to the month in which the Rewards Program is terminated.
We reserve the right to terminate any account if we deem the account is linked to fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the Rewards Program.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE REWARDS PROGRAM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE REWARDS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
If you choose to include your date of birth when registering for an account on the Site, you will be eligible for a ‘Birthday Reward’ of $10.00AU on the annual anniversary of this date which can be redeemed on-line through our site. This ‘Birthday Reward’ has a validity schedule of 3 months and it is your responsibility to manage timetabling of purchases ensuring ongoing availability of said ‘Birthday Rewards’.
At various times throughout the calendar year special promotions may be conducted which will grant loyal clients additional rewards (to be determined at time of promotion) for a specific time frame (to be determined at time of promotion). These will be totally at the discretion of Magnesium Australia and as such reserves the right to terminate your participation in the program at any time without notice.
When you receive Rewards, simply log into your Magnesium Australia account and shop as you normally would. Once you begin adding items to your shopping cart, you will see available Rewards being automatically subtracted from your subtotal, assuming you have accepted the most recent Agreement. If you have not accepted the most recent Agreement, or are a first time user of the Site, then no Rewards will be available for use until such time as the most recent Agreement has been accepted and/or percentage rewards have been accumulated.
You will be responsible for any tax liability arising from any Rewards you accumulate under the Rewards Program.
At no time will rewards credit be redeemable for cash or EFT reimbursement. By agreeing to participate in our Rewards Program you acknowledge that all credit is to be used for on-line purchases through magnesiumaustralia.com.au only.
By participating in the Rewards Program, you represent that you are at least 18 years of age. This Program can only be used by at most five (5) customer accounts per household. Any misuse of the Rewards Program will result in immediate termination and forfeiture of all accumulated Rewards.
You represent and warrant that you will not make any statements and/or product claims not approved by the Therapeutic Goods Association. If you are unsure about the answer about a product or service contact Magnesium Australia directly. It is your responsibility to do your own due-diligence about all ingredients and products and their impacts listed on our site.
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement
11. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
12. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
To the fullest extent permitted by law, you and Magnesium Australia agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND MAGNESIUM AUSTRALIA EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Magnesium Australia to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
You and Magnesium Australia shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable legal fees.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of the Magnesium Australia to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (6) months after such claim or cause of action arose or will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Magnesium Australia as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Updated 18 July 2017
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