Terms and Conditions
Privacy Policy
Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This Terms of Use Agreement was
last updated on November
29, 2006
This Terms of Use Agreement sets forth the standards of
use of the Dane Infosearch Pty Ltd Online Service. By
using the www.betterhealth-organics.com website you (the
“Visitor”) agree to these terms and conditions. If you
do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall
become effective immediately upon being posted at
www.betterhealth-organics.com website. Your continued
use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties.
The site is provided by Dane Infosearch Pty Ltd on an
“as is” and on an “as available” basis. To the fullest
extent permitted by applicable law, Dane Infosearch Pty
Ltd makes no representations or warranties of any kind,
express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy,
reliability, or otherwise. Dane Infosearch Pty Ltd shall
have no liability for any interruptions in the use of
this Website. Dane Infosearch Pty Ltd disclaims all
warranties with regard to the information provided,
including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is
inapplicable.
2. Limitation of Liability
DANE INFOSEARCH PTY LTD SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, AND IN PARTICULAR DANE INFOSEARCH
PTY LTD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE PRODUCT(S) AND OR
SERVICE(S) OR ANY MISUSE OF THE PRODUCT(S) AND OR
SERVICE(S) IN A MANNER NOT IN ACCORDANCE WITH THEIR
INTENDED USE, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO
THIS WEB SITE OR THE INFORMATION CONTAINED IN IT,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF DANE INFOSEARCH PTY LTD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Visitor agrees to indemnify and hold Dane Infosearch Pty
Ltd, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Visitor’s use of the
Service, the violation of this Agreement, or
infringement by Visitor, or other user of the Service
using Visitor’s computer, of any intellectual property
or any other right of any person or entity.
4. Modifications and Interruption to Service
Dane Infosearch Pty Ltd reserves the right to modify or
discontinue the Service with or without notice to the
Visitor. Dane Infosearch Pty Ltd shall not be liable to
Visitor or any third party should Dane Infosearch Pty
Ltd exercise its right to modify or discontinue the
Service. Visitor acknowledges and accepts that Dane
Infosearch Pty Ltd does not guarantee continuous,
uninterrupted or secure access to our website and
operation of our website may be interfered with or
adversely affected by numerous factors or circumstances
outside of our control.
5. Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants
and other third parties. You (the “Visitor”) acknowledge
that we are not responsible for the availability of, or
the content located on or through, any third-party site.
You (the “Visitor”) should contact the site
administrator or webmaster for those third-party sites
if you have any concerns regarding such links or the
content located on such sites. Your use of those
third-party sites is subject to the terms of use and
privacy policies of each site, and we are not
responsible therein. We encourage all Visitors to review
said privacy policies of third-parties’ sites.
6. Disclaimer Regarding Accuracy of Vendor
Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly
available sources. While Dane Infosearch Pty Ltd makes
every effort to ensure that the information on this
website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any
information provided on this website.
Dane Infosearch Pty Ltd makes no warranties or
representations whatsoever with regard to any product
provided or offered by any Vendor, and you (the
“Visitor”) acknowledge that any reliance on
representations and warranties provided by any Vendor
shall be at your own risk.
7. Governing Jurisdiction of the Courts of New South
Wales, Australia
Our website is operated and provided in the State of New
South Wales, Australia. As such, we are subject to the
laws of the State of New South Wales, Australia, and
such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no
representation that our website or other services are
appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site
you agree to do so subject to the internal laws of the
State of New South Wales, Australia.
Return
to top
8. Compliance with Laws.
Visitor assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Visitor
may not use the Service in any way that violates
applicable state, federal, or international laws,
regulations or other government requirements. Visitor
further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offence, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2006 Dane
Infosearch Pty Ltd, with all rights reserved, or is the
property of Dane Infosearch Pty Ltd and/or third parties
protected by intellectual property rights. Any use of
materials on the website, including reproduction for
purposes other than those noted above, modification,
distribution, or replication, any form of data
extraction or data mining, or other commercial
exploitation of any kind, without prior written
permission of an authorized officer of Dane Infosearch
Pty Ltd is strictly prohibited. Visitors agree that they
will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web
pages or the content contained therein without prior
written permission of an authorized officer of Dane
Infosearch Pty Ltd.
Dane Infosearch Pty Ltd™ and
www.betterhealth-organics.com™ are proprietary marks of
Dane Infosearch Pty Ltd. Dane Infosearch Pty Ltd’s
trademarks may not be used in connection with any
product or service that is not provided by Dane
Infosearch Pty Ltd, in any manner that is likely to
cause confusion among customers, or in any manner that
disparages or discredits Dane Infosearch Pty Ltd.
All other trademarks displayed on Dane Infosearch Pty
Ltd’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use
of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with Dane
Infosearch Pty Ltd.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright
Act, Dane Infosearch Pty Ltd. and
www.betterhealth-organics.com designate the following
individual as their agent for receipt of notifications
of claimed copyright infringement.
By Mail
David Lewis
Better Health Organics,
PO Box 496,
Miranda,
NSW 1490
Australia
By Telephone: 61295203602
By Email:
info@betterhealth-organics.com
11. Botnets
Dane Infosearch Pty Ltd retains the right, at our sole
discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are
used as command and control points for botnets, Dane
Infosearch Pty Ltd reserves the right to direct the
involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our
discretion.
12. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You (the “Visitor”) agree that this Terms of Use
Agreement and any other agreements referenced herein may
be assigned by Dane Infosearch Pty Ltd, in our sole
discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other
written agreement between us in relation to your
participation as a Visitor. Visitor agrees that by
accepting this Terms of Use Agreement, Visitor is
consenting to the use and disclosure of their personally
identifiable information and other practices described
in our Privacy Policy Statement.
Return
to top |
