TERMS AND CONDITIONS
Welcome to our online store! Vital Health Solutions and its associates provide
their services to you subject to the following conditions. If you visit our
shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Statement, which also governs your visit to our website,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Vital Health Solutions’s website or send e-mails to
us, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, statements, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images is the property of Vital Health Solutions or its content suppliers
and protected by Australian and international copyright laws.
TRADEMARKS
Vital Health Solutions’s trademarks
may not be used in connection with any product or service that is not Vital Health Solutions, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Vital Health Solutions.
All other trademarks not owned by Vital Health Solutions’s website
or its subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Vital Health Solutions or its subsidiaries.
LICENSE AND SITE ACCESS
Vital Health Solutions grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Vital Health Solutions. This license does not include any resale or commercial use of this
site or its contents: any collection and use of any product listings, descriptions,
or prices: any derivative use of this site or its contents: any downloading
or copying of account information for the benefit of another merchant: or any
use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Vital Health Solutions’s. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Vital Health Solutions and our associates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing Vital Health Solutions name or trademarks without the express written consent of Vital Health Solutions. Any unauthorized use terminates the permission or license granted
by Vital Health Solutions. You are granted a limited, revocable, and non
exclusive right to create a hyperlink to the home page of Vital Health Solutions
so long as the link does not portray Vital Health Solutions, its associates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Vital Health Solutions logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Vital Health Solutions and its associates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions ,or other information,
so long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "Spam". You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of
a card or other content Vital Health Solutions reserves the right (but not
the obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Vital Health Solutions and its associates a non exclusive, royalty-free,
perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Vital Health Solutions
and its associates and sub licensees the right to use the name that you submit
in connection with such content, if they choose. You represent and warrant
that you own or otherwise control all of the rights to the content that you
post: that the content is accurate: that use of the content you supply does
not violate this policy and will not cause injury to any person or entity:
and that you will indemnify Vital Health Solutions or its associates for
all claims resulting from content you supply Vital Health Solutions has the
right but not the obligation to monitor and edit or remove any activity or
content. Vital Health Solutions takes no responsibility and assumes no liability
for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Vital Health Solutions are made pursuant to a shipment
contract. This basically means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Vital Health Solutions and its associates attempt to be as accurate as possible.
However, Vital Health Solutions does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Vital Health Solutions itself is not
as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Vital Health Solutions’s ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Vital Health Solutions’s MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLEBY APPLICABLE LAW, Vital Health Solutions DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vital Health Solutions DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Vital Health Solutions, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Vital Health Solutions WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Vital Health Solutions’s website, you agree that the laws
of the State of Queensland, Australia, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort that
might arise between you and Vital Health Solutions or its associates.
DISPUTES
Any dispute relating in any way to your visit to Vital Health Solutions’s
website or to products you purchase through Vital Health Solutions shall
be submitted to confidential arbitration in the State of Queensland, Australia,
except that, to the extent you have in any manner violated or threatened to
violate Vital Health Solutions intellectual property rights, Vital Health Solutions may seek injunctive or other appropriate relief in any state or federal
court in the State of Queensland, Australia, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the Australian Arbitration Association.
The arbitrator’s award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping & Returns policy,
posted on this site. These policies also govern your visit to Vital Health Solutions’s website. We reserve the right to make changes to our site,
policies, and these Terms & Conditions at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
QUESTIONS:
Questions regarding our Terms & Conditions, Privacy Policy, or other policy
related material can be directed to our support staff by clicking on the "Contact
Us" link in the side menu. Or you can email us at: sales@bewell.com.au
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