Terms of Use

Last Updated 20th October 2014

Bio Circuitry Pty Ltd (ABN 58 600 525 915) maintains this website (the ‘Site’) for your information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the ‘Terms of Use’) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Bio Circuitry’s Privacy Policy.

1. You may not distribute or transmit, modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without Bio Circuitry’s express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Bio Circuitry, its affiliates or its third party content providers.

2. Your use of the Site is at your risk. Bio Circuitry makes no warranties or representations as to its accuracy or completeness. Bio Circuitry specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Bio Circuitry is aware of such errors or omissions or not. To the fullest extent permitted by law, neither Bio Circuitry nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site. Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Bio Circuitry of goods or services on the Site which cannot be excluded, restricted or modified (‘Non-excludable Rights’). To the fullest extent permitted by law, Bio Circuitry’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Bio Circuitry, to: (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

3. Any trademarks used on the Site are either trademarks of Bio Circuitry and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Bio Circuitry or, if applicable, the third party owner of the relevant trademark.

4. Features and specifications of products described or depicted on the Site (‘Products’), or available for purchase through the Site (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate.

5. Bio Circuitry assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Bio Circuitry also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.

6. Bio Circuitry is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Bio Circuitry may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its’ content.

7. You are prohibited from posting or transmitting on or via the Site
(1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;
(2) any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or
(3) any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. Bio Circuitry will fully cooperate with any law enforcement authorities or court order requesting or directing Bio Circuitry to disclose the identity of anyone breaching this clause.

8. If Bio Circuitry provides you with user account details to facilitate your use of or access to the Site (‘Account Details’), or a particular section of the Site, you must not disclose your Account Details to any other person. It will be your responsibility to ensure that your Account Details are not disclosed to any other person. You are solely responsible for all activities that occur using your Account Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your Account Details. Bio Circuitry is entitled to act on instructions received under your Account Details. Bio Circuitry cannot and will not be liable for any changes made to your Account Details by another person using your Account Details, or for any loss or damage arising from your failure to adequately protect your Account Details. For security purposes, you should memorise (and not write down) your Account Details.

9. You agree to indemnify Bio Circuitry and keep Bio Circuitry indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Bio Circuitry as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your Account Details.

10. Bio Circuitry may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to Bio Circuitry, and any Bio Circuitry disclaimers and limitations of liability will survive such termination.

11. Failure of Bio Circuitry to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

12. Bio Circuitry may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification You should periodically visit this page to review the then current Terms of Use.

13. The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Bio Circuitry. Any attempt to supplement or amend this document shall be null and void.

14. The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.