Bio Circuitry Terms and Conditions
Last Updated 18th February 2021
BIO CIRCUITRY – TERMS AND CONDITIONS
Please read these terms and conditions carefully before using our Website. These terms and conditions apply to all visits and use of our Website, as well as to the content, information, recommendations and Products provided on our Website.
By accessing and using the Website, you agree to be bound, without limitation to these terms and conditions and any other terms mentioned on our Website, in addition to any law or regulation that applies to this Website and the Products sold.
If you do not agree to these terms and conditions – please immediately leave this Website.
- Definitions & Interpretations
In these terms and conditions, the following words shall have the meaning as provided below, unless otherwise stated:
“Applicable Laws” means all laws in the State of New South Wales, Australia, and where applicable Commonwealth laws of Australia including rules and regulations created by Commonwealth, State of New South Wales and local governments, regulatory bodies and judicial & quasi-judicial forums which are in force and includes all amendments, replacements or substitutions, which are applicable to a party;
“Affiliate Products” means tangible or intangible goods sold by third-party businesses with whom Bio Circuitry has an affiliate relationship;
“Bio Circuitry” or “Business” means Bio Circuitry Pty Ltd ABN 58 600 525 915, PO BOX 194 West Pennant Hills NSW 2125 Australia;
“Confidential Information” means information, whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to Bio Circuitry or its Representatives including but not limited to any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter;
“Courses” means webinars, online courses or part of any online course provided by Bio Circuitry to its Customers;
“Course Information” means all information provided by Bio Circuitry to Customers through any medium whatsoever and relating to a Course;
“Customer” means a retail customer who purchases Products and/or Courses through our Website and Wholesale Customers who purchases Products from us;
“Force Majeure” means an event which is beyond the reasonable control of a party, which materially affects the performance of any of its obligations under these Terms, and includes:
(a) a physical natural disaster including fire, flood, lightening or earthquake:
(b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(c) internet delay or unavailability;
(d) epidemic or quarantine restriction;
(e) failure of a third party supplier or service provider (including without limitation a third party hosting the Website);
(f) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
(g) law taking effect after the date of these Terms; or
(h) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors;
But excludes monetary payments to be made by a party.
“GST” means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act (GST Act) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has similar effect to the GST Act;
“Intellectual Property Rights” means any present or future rights conferred by statute, common law or equity in any part of the world in relation to any confidential information, copyright, trademarks, service marks, designs, patents, circuit layouts, plant varieties, business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial, scientific, literary or artistic fields;
“Products” means tangible and intangible products which are directly sold by Bio Circuitry to its Customers;
“Related Bodies Corporate” has the meaning as provided in section 50 of the Corporations Act, 2001 (Cth);
“Related Entity” has the meaning as provided in section 9 of the Corporations Act, 2001 (Cth);
“Representatives” means directors, officers, employees, agents, contractors, suppliers, legal advisors, financial advisers, Related Entity and Related Bodies Corporate of a party;
“Returns and Refunds Policy” is provided in clause 14 of these Terms;
“Terms” means these terms and conditions of Bio Circuitry including the Returns and Refund Policy on our Website;
“You”, “Your”, “you” or “your” means visitors of our Website and Customers of Bio Circuitry;
“We”, “Us”, “Our”, “we”, “us” or “our” means Bio Circuitry;
“Website” means internet webpages or websites on which all the content of Bio Circuitry is displayed including any Products and/or Courses which are sold by Bio Circuitry; and
“Wholesale Customers” means Customers who buy Products from us for reselling purposes or Customers who purchase Products from us worth more than AUD$40,000 (Forty Thousand Australian Dollars).
Unless the contrary intention appears, a reference in these Terms to:
(a) (variations or replacements) a document (including these Terms) includes any variation or replacement of it;
(b) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) (law) law means common law (law laid down by courts and other judicial forums), principles of equity, and laws made by parliaments of Australia (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
(d) (singular includes plural) the singular includes the plural and vice versa;
(e) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency;
(f) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
(g) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day;
(h) (meaning not limited) the words “include” and “including”, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
(i) (time of day) time is a reference to the time at the location where Bio Circuitry is located; and
(j) (construction) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
Headings (including those in brackets at the beginning of paragraphs) are for convenience only and do not affect the interpretation of these Terms.
- Acceptance of our Terms
- Our Terms are the terms pursuant to which Bio Circuitry sells its Products and Courses to you. So please read these Terms carefully before buying any Products from Bio Circuitry.
2.2 Our Terms also apply to all visits and use of our Website, as well as to the content, information, and recommendations provided by Bio Circuitry.
2.3 By accessing and using our Website or purchasing any Products and Courses from Bio Circuitry, you agree to be bound, without limitation to these Terms, the Returns and Refund Policy, and any other terms mentioned on our Website, in addition to any other Laws that applies to our Website and the sale of Products and Courses to you.
- Ownership of Content
All the content provided on our Website, including the Courses are owned and operated by Bio Circuitry. All elements of this Website, including and not limited to its design and content are either owned or licensed to us and are protected by intellectual property laws and Applicable Laws.
- Compliance with Law
We are committed to offering Products and Courses in compliance with Applicable Laws, including Australian consumer law. Therefore, the Products and Courses sold by us are provided with guarantees which cannot be excluded by virtue of these Terms. Please be advised that the Products and Courses sold or information provided by Bio Circuitry are not to be construed as medical or health advice or its equivalent.
- Intellectual Property and Restrictions of Use
5.1 The Intellectual Property Rights of our Website and its content including its Courses are owned by Bio Circuitry and we reserve all our Intellectual Property Rights therein. Likewise, the manufacturers own all the Intellectual Property Rights in the Products sold by us and they reserve all their Intellectual Property Rights therein, except for those Intellectual Property Rights as licensed to Bio Circuitry.
We reserve our rights to pursue any legal remedy against you or your Representatives for any violation of the manufacturer or our Intellectual Property Rights.
5.2 Unless expressly authorised by Bio Circuitry, Applicable Laws or under these Terms, you may not reproduce, transmit, copy, adapt, modify, display, perform, sell or distribute or commercially use or monetise any Website content or any part of it. Likewise, you cannot reverse engineer, modify, copy, replicate or use the Product in any manner whatsoever which is contrary to the Intellectual Property Rights of the manufacturer or its licensee.
- Legal Capacity to Transact
By accepting these Terms, you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you should not purchase any Products from Bio Circuitry. Should Bio Circuitry suffer any damage or other losses as a result of a transaction entered into by a minor, Bio Circuitry reserves the right to seek compensation for such losses from the natural or legal guardians of the minor who purchased anything from our Website.
Wherever applicable, we have done our best to display as accurately as possible the colours depicting our Products on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate to reflect the actual colour or graphical representation of the Products.
8.1 All prices listed on the Website, where applicable includes GST. If GST is applicable to any of the Products and Courses offered by Bio Circuitry, then it will be shown separately on the invoice at the time of purchase.
8.2 Prices displayed on the Website are subject to change without notice. Once a purchase has been accepted by us and a purchase contract is formed, the price will not be varied except by agreement between you and us in writing through email.
- Unaware of Your Specific Circumstances or Requirements
The Products and Courses sold by Bio Circuitry are done keeping in mind the purpose for which it will be used. Please be advised that the Products and Courses sold or information provided by Bio Circuitry is not to be construed as medical or health advice or its equivalent. Bio Circuitry does not guarantee a particular outcome as we do not know your specific circumstances or personal health requirements or whether you have actually followed all the necessary Product instructions, and therefore to that extent we disclaim all claims, liabilities, damages, expenses and costs which may arise due to your specific circumstances or as a result of not following the necessary Product instructions.
- Purchases and Payment
10.1 Our Business is entirely conducted online and will primarily communicate with Customers through email. It is the Customer’s responsibility to ensure that the correct contact details are provided and that the nominated email address is regularly checked for any communication.
10.2 Each Product purchased by the Customer will be a separate and binding contract between the Customer and Bio Circuitry. Purchase of Products will be deemed to have been complete once Bio Circuitry receives payment, and an invoice is sent to your nominated email address.
10.3 Some purchases may be subject to fraud checks by Bio Circuitry. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your purchase has passed our fraud prevention protocols your purchase will not be processed. If you do not provide the requested information within (7) days, your purchase will be cancelled and your payment will be refunded back in the method in which you paid. Fraud prevention protocols exist to help protect credit card holders from online fraud.
10.4 All prices quoted are in Australian Dollars (AUD) and includes GST where applicable. Bio Circuitry is not liable or responsible for any applicable currency conversion rates and charges issued by the Customer’s bank.
11.1 After the invoice is issued by us for payment received from a Customer, delivery will be shipped within a reasonable timeframe to the address provided by you at the time of purchase. The exception to this, would be if the Product is a back order, then more time would be necessary for shipping it to the Customer, as we will need to receive the goods from our supplier before shipping it to you. For back orders you will be informed either before or immediately after the Product purchase about the expected delivery timeframe.
11.2 Title (ownership) in the Products and Courses passes to the Customer on full payment of the price. Risk in the Products due to damage or loss to the Products passes to the Customer on delivery.
11.3 We will be using our reasonable endeavours to ensure that all Products and Courses are delivered in a prompt and timely manner. However, there are instances when factors outside our control may result in delays. To the fullest extent permitted by Applicable Law, we do not accept any liability for any claims, losses, damages, costs or expenses suffered by anyone as a result of such delays.
11.4 Once your order has been despatched we will email you with the confirmation and a tracking number. Please use the tracking number of the courier company to track your item.
11.5 Please be aware, there are inherent risks associated with downloading information or viewing it on your computer or receiving it through emails, where Bio Circuitry will not be liable as a result of such events for any claims, losses, damages, costs or expenses to the fullest extent permitted by Applicable Law. If any technical problems arise while accessing any of our Courses, please contact us at the earliest, as we will try and assist you with any such problems.
12.1 We reserve the right to accept or reject a purchase for any reason at any time. If a purchase is cancelled, the Customer will be contacted and refunded. You will be provided with an email confirmation of the cancellation and refund. We are not liable to compensate for any claims, liabilities, damages, losses, costs, expenses or inconvenience caused to you as a result of the cancelled purchase.
12.2 If you wish to cancel an order for any reason once you have placed it please email us at email@example.com or call us on 0403 794 332 as soon as possible. If your order has not been despatched we will cancel the order and arrange a refund by whichever way you originally made your payment. If your order has already left us you will need to return it once you receive it.
- Change of Mind
Please choose carefully as modification, replacements, store-credit or refunds are not required to be provided as per Applicable Law, where you have simply changed your mind, made a wrong selection or simply found the Products cheaper elsewhere. We strongly recommend that prior to purchasing any Product, you carefully read the description provided on the Website, preview anything added to your shopping cart or contact us prior to the purchase in case of any queries you may have in relation to the Product.
- Return and Refunds
14.1 Please note, that a Product is not considered to be defective, if it does not cater to your specific circumstances, as we are unaware of your specific circumstances at the time of sale and each Customer has different needs. Please be advised that the Products or Courses sold or information provided by Bio Circuitry is not be construed as medical or health advice or its equivalent.
14.2 Our Products and Courses come with guarantees as required by Applicable Law. Except for Wholesale Customers and subject to clauses 14.4 and 14.5 of these Terms, you are entitled to the following:
(a) For Products which are defective:
(i) A replacement or store credit at the discretion of Bio Circuitry, for minor defects;
(ii) A refund, replacement or store credit of the Customer’s choosing, for major defects.
(b) For Courses which are defective:
(i) Re-perform or amend the defective Courses or a store credit at the discretion of Bio-Circuitry, for minor defects; or
(ii) Refund or amend the Courses at the Customer’s discretion for major defects.
14.3 Subject to Applicable Law, and clauses 14.4 and 14.5 of these Terms, for Wholesale Customers if the Products they bought from us are defective, then they would be entitled to a replacement of those defective Products.
14.4 Bio Circuitry reserves the right not to provide a replacement, refund or store credit for a Product in any situation, if any of the following events have occurred:
(a) The Customer has had a change of mind, made a wrong selection or has found the Product cheaper elsewhere;
(b) The Customer has not followed the instructions provided along with the Product or misused or damaged the Product; or
(c) Reasonable period of time has lapsed since the Products were purchased which is beyond the period for which Applicable Law guarantees apply.
14.5 Returns Procedure
If a Customer needs to contact us for any minor or major defects in our Products, then the following conditions need to be met:
(a) To return Products as per clause 14, a return authorisation (RA) number must be obtained from our office and clearly marked on the front of the return package. You can email or phone to request the number.
(b) Products which have delivery defects should be reported to us within 7 days of delivery.
(c) Products must be returned in original condition with all packaging intact. We cannot accept a return if any part is missing or damaged.
(d) You must let us know the specific reasons you are seeking the relevant replacement, store credit, refund or re-supply of the Product. Be sure to include as much information as possible, including proof of purchase and any other relevant documentation and where applicable, photographic evidence if required, so that our team can assist you as quickly as possible.
(e) If it pertains to a Course, then all the Course Information provided to the Customer must be deleted and all copies of it must also be deleted from the Customer’s computer, electronic devices, email and any third party to whom the Course Information was disclosed.
(f) Any bank or other charges levied on the Customer by third-parties for purchasing and delivering a Product will not be refunded, as those charges are levied by those third parties and not Bio Circuitry. This includes postal charges for any Product returns.
(g) After receiving your complaint and other relevant documentation from you, we will get in touch with you within (2) business days to let you know our course of action. We will also let you know the timeframe by which we will resolve the issue, which will be reasonably practicable and which depends on whether a replacement, store credit, refund or re-supply is required as per clause 14. The Customer will be issued an email once the Complaint has been processed.
- Affiliate Products
15.1 Bio Circuitry may for the purposes of enabling Customers to have access to products manufactured by third parties, will suggest certain third-party products to Customers which are Affiliated Products.
15.2 Please note, that merely because Bio Circuitry suggest certain Affiliated Products to its Customers, we in no way guarantee any specific results by using such products. These Affiliated products are manufactured and owned by third-party businesses, with whom Bio Circuitry has no control over. Therefore, any liability whatsoever arising as a result of a Customer using such third-party products will solely belong to those third-party product retailers, suppliers and manufacturers.
- Limitation of Liability
16.1 If we or our Representatives are found to be liable as a result of selling a Product, and liability cannot be excluded as per clause 17 below, then to the fullest extent permitted by Law, we and our Representatives, limit our maximum aggregate liability under any circumstance to the price of the specific Products in question.
16.2 If any Law which governs our Business, provides that our liability for providing Products or Courses cannot be excluded but can be limited, then our liability, subject to our discretion, will be limited as follows:
(a) in the case of Products, supplying the Products again, or paying the cost of having the Products supplied to you again; or
(b) in case of Courses, supplying the Courses again, or paying the cost of having the Courses supplied to you again.
- Exclusion of Liability
17.1 To the fullest extent permitted by Law, Bio Circuitry and our Representatives will not:
(a) be liable for any claims, losses, costs, damages or expenses, or for any indirect or consequential losses or damages of any kind whatsoever arising and whether caused by our Products or Courses, from errors or omissions in our documents or information, from the use of our Website, including any use of third-party links, content, information or advertisements.
(b) be liable for purchases that are declined, delayed or not accepted due to disruptions with internet connections.
(c) be liable for any failure or delay in performing any of our obligations under these Terms, if such failure or delay is directly or indirectly caused by circumstances beyond the reasonable control of Bio Circuitry or its Representatives, including Force Majeure Events. Under such circumstances, we shall be entitled to a reasonable extension of time for the duration of the Force Majeure Event and for the performance of such obligations.
(d) be in breach of these Terms or liable for any failure or delay in the performance of its obligations under these Terms, to the extent that such failure or delay is wholly or partially caused, directly or indirectly by any act, omission, negligence or fraud on the Customer or its Representatives part.
(e) if the Products or Courses have been purchased through our Website in a fraudulent transaction which remained undetected at the time of providing the Products or Courses, then we will not be liable to refund any money paid in such a transaction or for any claims, losses, damages, costs or expenses incurred by anyone as a result of the transaction.
17.2 To the fullest extent permitted by Law, Bio Circuitry and its Representatives exclude all liability of any kind whatsoever, in relation to:
(a) the applicability or suitability of any Products, Courses, documents, information or content on our Website in relation to you since at the time of sale we are unaware of your specific circumstances or personal health requirements for which you intend to use our Products or implement any Course Information;
(b) the accuracy of the information, material or content of our Website;
(c) any Products, Courses, documents, information will be free of errors or that defects will be corrected;
(d) the availability or delivery of Products or Courses to you;
(e) affiliated or third-party products;
(f) delay in delivery of Products or Courses to Customers as a result of circumstances beyond the reasonable control of Bio Circuitry;
(g) if your computer, mobile phone or its equivalent becomes infected with any virus or unwanted computer program or gets damaged or malfunctions in anyway as a result of accessing our Website;
(h) that our Website is current and up-to-date;
(i) that our visitors and Customers will have uninterrupted access to our Website and to any Courses provided.
The Customer agrees to indemnify Bio Circuitry and our Representatives from any claims, liabilities, damages, losses, costs (including reasonable legal costs) and expenses as a result of a Customer or its Representatives:
(a) a breach of any term, condition, warranty, representation, obligation or undertaking provided in these Terms;
(b) a breach of any law or the rights of a third party;
(c) the unauthorised, improper or unlawful use of this Website or its contents; or
(d) any act, omission, fraud or negligence.
- Sales and Discounts
All Products and Courses on sale or discounted, which are available, are subject to change without notice at the discretion of Bio Circuitry. The most up-to-date prices will be listed on our Website. If the Website does not mention a discount or sale for a Product, then there is no discount applicable for that Product. Sales are not valid in conjunction with other coupon codes.
- Misuse of the Website
You are prohibited from using the Website to post or transmit, any infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Website to advertise or perform any commercial solicitation without our written permission.
- Competition Excluded
21.1 If you are a competitor of our Business or you or your Representatives are attempting to gain knowledge, information or content from our Website, to commence a rival business or to gain a competitive advantage, you must not access this Site.
21.2 If we find that you or your Representatives have obtained knowledge, information or content from our Website or Business for the purposes of competing with us in any way whatsoever, we at our discretion, will seek legal action for any claims, liabilities, losses, damages, costs or expenses we may have to incur as a result of your conduct or for breaching any of these Terms, including for all profits you may have made as a result of your unlawful conduct.
- Links to Third-Party Sites
Words used in this clause that are defined in the GST law have the meaning given in that legislation.
23.2 GST is normally applicable on a taxable supply. If a supply made as per these Terms is a taxable supply, the recipient of that taxable supply (Recipient) must, in addition to any other consideration which is exclusive of GST, pay to the party making the taxable supply (Supplier) the amount of GST in respect of the supply.
- If GST applies to the Products or Courses sold by us, then the GST component will be included in the prices of our Products and Courses as provided on our Website. For purchases by overseas Customers, there will be no GST applicable to the Products sold from Australia, if within 60 days one of the following events happens, whichever occurs first:
(a) we receive the entire payment for the purchased Products and Courses; or
(b) we issue an invoice for the purchased Products and Courses.
- Changes to the Terms
- Binding Nature
These Terms will be binding upon each party hereto and its successors and permitted assigns.
26.1 These Terms will not be assignable or transferable by you without the prior written consent of Bio Circuitry.
26.2 These Terms may be assigned or novated by Bio Circuitry to a third-party without your consent. In the event of any assignment or novation, you will continue to be bound by these Terms.
- Entire Agreement
These Terms and such other policies mentioned in these Terms, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
If any Terms or part of these Terms become invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions of these Terms. The unenforceable clause or language will be removed or read down in such a manner, so as to not affect the validity and enforceability of the remaining provisions. The parties will agree to insert another clause in place of the invalid clause or language which is as close as in meaning to the original clause or language.
- Force Majeure
Bio Circuitry and its Representatives shall not be liable for any failure or delay in performing any of its obligations under these Terms, if such failure or delay is caused by circumstances beyond the reasonable control of Bio Circuitry, including Force Majeure Events. Bio Circuitry shall be entitled to a reasonable extension of time for the performance of such obligations.
- No Waiver
No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
31.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email to the contact details provided on our Website.
31.2 Notice shall be deemed to be given:
(a) if sent by email, 24 hours after the email is sent, unless the sender is notified that the email address is invalid or the email is not delivered; or
(b) if sent within Australia by express post, three business days after the date of posting, or on the seventh business day after the date of posting, if sent to or posted from outside Australia.
- Confidential Information
The Customer will not use, or disclose to any third party, any Confidential Information disclosed by Bio Circuitry to the Customer.
34.1 All Products and Courses sold to you through our Website and Bio Circuitry are provided on an independent contractor basis. No agency, partnership, joint-venture, employee-employer or other similar relationship is intended or created by these Terms or by selling any Products or Courses to you. In particular, you do not have any authority to bind us or our Representatives in any way whatsoever.
34.2 Unless mentioned in these Terms, no Representatives of Bio Circuitry has the authority to vary the Terms governing any sale.
- Affiliate Program
We have an affiliate program with our affiliates in relation to the Products and Courses offered by Bio Circuitry (“Affiliate Program”). All the terms and conditions of our Affiliate Program are provided in a separate accessible link on our Website (“Affiliate Terms and Conditions”). We request you to carefully read and appraise yourself of the Affiliate Terms and Conditions before signing up for our Affiliate Program. Visitors who use an affiliate link to access the relevant Product or Course webpage of Bio Circuitry and Customers who purchase a Product or Course through an affiliate link will be governed by Bio Circuitry’s Terms and matters related to the Affiliate Program will be governed by the Affiliate Terms and Conditions.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia notwithstanding any conflict of law principles or its equivalent, and shall be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales and where applicable the jurisdictional Federal Courts to decide any disputes arising out of or in connection with these Terms.