Terms of service

OVERVIEW

Welcome to Body Support Solutions. The terms "we", "us" and "our" refer to Body Support Solutions. Body Support Solutions operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Body Support Solutions is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. This section does not limit your rights under the Australian Consumer Law.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Body Support Solutions reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Body Support Solutions confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy and your rights under the Australian Consumer Law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices are in Australian Dollars (AUD) and do not include shipping and handling, which will be shown at checkout.

We may offer promotions from time to time that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

Delivery timeframes are set out in our Shipping Policy. All delivery times are estimates only and are not guaranteed. To the extent permitted by law, we are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss passes to you, except where your rights under the Australian Consumer Law provide otherwise.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Body Support Solutions, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Body Support Solutions, Shopify or any third party. All rights not expressly granted herein are reserved by Body Support Solutions.

Body Support Solutions' names, logos, product and service names, designs, and slogans are trademarks of Body Support Solutions or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, except to the extent such warranties cannot be excluded under the Australian Consumer Law. Any use by you of the optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Body Support Solutions is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Body Support Solutions. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Body Support Solutions, including any injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Body Support Solutions, to the extent permitted by law.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene material, or any malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). Where we cancel an order you have already paid for, we will refund you in full.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including any "junk mail", "chain letter", "spam", or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Body Support Solutions, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, or data-gathering tools or automated means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorisation features of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Body Support Solutions, and subject to the Australian Consumer Law, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy conferred on you by the Australian Consumer Law or other applicable law that cannot lawfully be excluded or limited. Where our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, and where we are entitled to do so, our liability for a failure to comply with such a guarantee is limited (at our option) to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to Section 15, in no case shall Body Support Solutions, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured using the Services. This section does not exclude or limit any liability that cannot be excluded or limited under the Australian Consumer Law.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Body Support Solutions, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services, except to the extent such losses are caused by our own negligence or breach.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. You and Body Support Solutions submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

SECTION 22 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 23 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at cameron@bodysupport.com.au.

Our contact information:

Body Support Solutions

ABN 60 143 150 859

Address: 64 Cromer Road, Beaumaris, Victoria 3193, Australia Email: cameron@bodysupport.com.au

Phone: +61 447 843 212