Terms and conditions

Privacy
Product Descriptions
Intellectual Property
Limited License
Third Party Links
Submissions
Representations and Warranties; Limitation of Liability
Indemnification
Disputes
Termination of Access
Alteration of Terms of Access
Removal of Information
General

Welcome to our website. Body Temple provides the services available on the Website to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other websites, you are subject to the terms and conditions applicable for that website and we suggest that you consult such terms and conditions.

All prices are inclusive of GST and are shown in Australian Dollars. Whilst every care has been taken to ensure the description, sizes and prices are correct we reserve the right to make price changes without prior notice. All products are subject to availability.

Privacy

We do not collect personally identifiable information about you, except when you provide it to us. Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

:: Back to top

Product Descriptions

We attempt to be accurate when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.

:: Back to top

Intellectual Property

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of MY & HY Pty Ltd, our affiliates, our partners or our licensors, and is protected by copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of MY & HY Pty Ltd, and are protected by trademark laws.

Except as set forth in the limited license in Limited License below, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

:: Back to top

Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth in this limited license does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilising our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as illegal under applicable law, distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this limited license without prejudice to any other remedy provided by applicable law.

:: Back to top

Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

:: Back to top

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, 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 us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

:: Back to top

Representations and Warranties; Limitation of Liability

THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website; ( e ) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites ; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT LIABILITY IS NOT FULLY EXCLUDABLE UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED AT OUR OPTION TO [SERVICES]: (a) the supplying of the services again; or ( b ) the payment of the cost of having the services supplied again; [GOODS] (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

:: Back to top

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

:: Back to top

Disputes

With respect to any dispute regarding or arising out of this Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws in Australia. To the fullest extent permitted by law, any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Brisbane, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or other proprietary rights, we may seek injunctive or other appropriate relief in any court and you waive any objections to the forum, venue and/or jurisdiction of such court. Arbitration under this agreement shall be conducted under the Australian Commercial Dispute Centre Rules for Domestic Arbitration. For the avoidance of doubt, this clause constitutes an arbitration agreement for the purposes of intellectual property of the Commercial Arbitration Act 1984 (NSW). 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 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.

:: Back to top

Termination of Access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we has no liability for any costs, losses or damages of any kind, arising as a consequence of terminating access to the Website.

:: Back to top

Alteration of Terms of Access

We reserves the right to change these Terms of Access:

• with or without further notice to you; and
• without giving you any explanation or justification for such change.

:: Back to top

Removal of Information

In relation to any material and/or information included on the Website, Body Temple may remove any material and /or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification, for removing the material and /or information.

:: Back to top

General

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

:: Back to top