J A Davey Pty Ltd ABN 35 109 032 322 (referred to as JAD) owns and operates this website (https://smartwellness.com.au/). Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time and . You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Amendments to Terms of Use
JAD reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
JAD may update our Website from time to time. When JAD updates the Website, you acknowledge that we do not give any representation or guarantee that the Website will be entirely operable, or free of errors or bugs.
Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by JAD. JAD has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Personal Information
JAD’s use of personal information supplied by you when you use this Website is governed by our Privacy Policy, available atOur Privacy Policy forms part of these Terms of Use.
Copyright
- JAD grants you a nonexclusive license to access and use the content in this Website for your personal purposes. You may not distribute or reproduce any part of the content for commercial purposes.
- You acknowledge that the copyright and all other intellectual property rights comprised in or relating to the Website and the data it contains belongs to JAD.
- No part of the Website, the data or any material appearing on the Website may be reproduced, stored in or transmitted on any other website without the prior written permission of JAD.
Prohibitions
- You must not misuse this Website. You will not:
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- commit or encourage any criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or
- build or attempt to build a competitive product or service based on our Website.
Breaching this provision may constitute a criminal offence and JAD will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
- You further agree not to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Website, or the works comprising part of, or stored on, the Website (Content), in any way.
Disclaimer
- The information and statements contained on this Website are for information purposes only.
JAD does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Website may be interrupted, restricted or delayed for any reason. JAD does not give any warranty or assurance as to the content of any material appearing on the Website, its accuracy, completeness or fitness for any particular purpose.
- To the maximum extent permitted by law, you agree that JAD its officers, employees and representatives will not be liable for any special, indirect, consequential or punitive damages arising out of or related to any product sold or information obtained from this Website and that the maximum liability for any defect, error or omission in any product sold shall be the cost of replacing any such product.
- This Website contains information, text and graphics provided by JAD and its representatives and by third parties. JAD makes no representations that any material supplied by a third party is accurate, complete, up to date, reliable or suitable or that the Website or the server which stores and transmits any information from this Website are free of viruses or any harmful components.
- This Website may contain links to websites operated by third parties. Those Linked Sites are not under the control of JAD and we are not liable for or responsible for their contents. You link to any Linked Sites at your own risk.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with JAD and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to JAD.
Indemnity
You agree to indemnify, defend and hold harmless JAD, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Variation
JAD must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting [email protected]
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