This Site is intended for use by residents in Australia and New Zealand only.
These Terms of Use will govern your access and use of this Metagenics website (Site). This Site is operated by Metagenics (Aust) Pty Ltd (Metagenics/Us). These Terms of Use constitute a legal agreement between you (the individual using this Site) and Metagenics. By accessing and using this Site, you agree to be bound by these Terms of Use and consent to the terms of our Privacy Policy (which forms part of these Terms of Use), whether or not you have read them. If you do not agree to these Terms of Use or the Privacy Policy, you must not proceed to access or use this Site.
If you are viewing this site on a computer outside Australia or New Zealand, you agree: a) that you are solely responsible for complying with the laws applicable in your jurisdiction; b) Metagenics has no liability to you whatsoever with respect to your use of this Site; and c) you indemnify Metagenics against any liability it may have to any third party for any reason whatsoever arising out of your use of this Site.
This Site should not be substituted for medical advice, diagnosis or treatment.
Please take the time to read these Terms of Use before accessing the Site.
1. Reliance on Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics' sole discretion. The Site is offered without warranties. The material on this site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2. Changes to this Web Site
Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products and services and any other material displayed on, offered through or contained on this Site (Variation). By continuing to view the Site after a Variation to these Terms of Use has been made, you will be deemed to have agreed to the new Terms of Use.
3. Links
This Site may contain links or references to third party web sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics. Your use of such third party web sites is subject to the terms and conditions and the privacy policies of such websites.
4. Privacy
For information on how Metagenics collects, uses and protects the personal information you may provide on this Site, please read the Privacy Policy, the terms of which are incorporated into these Terms of Use. By accessing the Site you expressly consent to the collection of your personal information as governed by the Privacy Policy.
5. Use of Materials
The materials displayed on or contained within this Site (the Materials) are the property of Metagenics and its licensors and are protected by copyright, trade-mark and other intellectual property laws.
Nothing on this Site should be construed as granting any right, title, interest or licence to use any material or content, including, without limitation, trade marks, logos and trade names, displayed on this website without the prior written permission of Metagenics, its affiliates or licensors. This applies to all trade marks displayed on this Site, whether or not appearing with the trade mark symbol (™) or registered trade mark symbol (®).
You must not use any Metagenics trade marks, whether registered or unregistered, without the prior express written consent of Metagenics, which may be given or withheld in Metagenics’ absolute discretion.
Any and all copyright subsisting in any and all text, advertising material, images, graphics, logos, audio, video, software and other content on this website belongs to Metagenics, its affiliates, or licensors and you must not reproduce, copy, distribute, modify, transmit, republish or otherwise use the contents of this Site without the prior written permission of Metagenics.
6. Disclaimer and Limitation of Liability
This Site is provided by Us on an "as is" basis without any express or implied warranty of any kind.
You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from Your use of the Site or the material on or accessible through the Site.
You release Metagenics and its officers, directors, employees, agents or related bodies corporate from liability for any loss or damage including without limitation, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through this Site, whether or not caused by any negligent act or omission.
You release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on this Site, whether or not caused by any negligent act or omission.
Legislation, including the Competition and Consumer Act 2010 (Cth), may imply certain warranties and conditions in respect of your use of the Site, where the exclusion of such conditions or warranties from an agreement would contravene a statute or cause part or all of the agreement to be void ("Non-excludable Conditions"). Nothing in these Terms and Conditions excludes any Non-excludable Condition.
Unless specified otherwise, and except in relation to any Non-excludable Condition, Metagenics makes no express or implied warranties or representations to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for purpose, title and non-infringement.
7. Release and Indemnity
You agree to release and hold harmless and indemnify and keep indemnified Metagenics, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by You (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with Your use of the Site or the Materials or failure to comply with these Terms and Conditions, or from Your violation of any applicable law or the access to the Site by a third party, either with or without Your knowledge.
8. Applicable Law and Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use will be governed by the laws of Queensland, Australia and by using the Site you submit to the exclusive jurisdiction of the Courts of Queensland and the Queensland Registry of the Federal Court of Australia.
9. Severability, Waiver and Assignment
If any provision of these Terms of Use are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of Metagenics to enforce any part of these Terms of Use shall constitute a waiver of any of Metagenics’ rights under these Terms of Use. All waivers by Metagenics must be in writing and signed. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of Metagenics. Any such purported assignment or delegation by you without the prior written consent of Metagenics will be null and void and of no force and effect. Metagenics may assign these Terms of Use or any rights hereunder without your consent and without notice.
10. Changes to the Terms of Use
Metagenics may at any time modify these Terms of Use.
Metagenics will make available the updated Terms of Use on this Site. Your access or use of this Site following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using this Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Site.
11. Termination
Metagenics may at any time terminate your right to access this Site without notice to you.
12. How to Contact Metagenics
You may contact Metagenics at [email protected].
Last updated: July 2020