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PRIVACY POLICY

 

Terms & Privacy

Website Terms and Conditions of Use (the “Terms and Conditions”)

This Website is operated by Cosmetic Edge Pty Ltd trading as Bio Profiler  (“Bio Profiler”).

IMPORTANT NOTICE

PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE 

These Terms and Conditions will apply when you access our website www.bioprofiler.com.au (the “Website”). Please note that by using this Website you will be deemed to have agreed and accepted these Terms and Conditions.

1          Use of the Website

1.1       By accessing, browsing or otherwise using this Website you accept, without limitation or qualification, these Terms and Conditions. References in these Terms and Conditions to “we” or “us” shall be deemed to be references to Bio ProfilerLimited.

1.2       These Terms and Conditions are subject to change by us at any time without notice, effective when posted on this Website. By continuing to access, browse or otherwise use this Website after any changes are posted, you are indicating your acceptance of such changes.  .

1.3       We may add, change, discontinue, remove, or suspend any content, including, without limitation, all audio, video, images, graphics, software, data and information (the “Content”), posted on this Site, including features and specifications of products described or depicted on this Website, temporarily or permanently, at any time, without notice and without liability.

2.         Customer Registration and Account

2.1       Customers of  Bio Profiler may register a personal account for the use of the Website. Upon registering an account on the Website, you will have to create a login name and a password. Your account is for your sole use and you may not authorise others to use your account.

2.2       You agree and warrant that the information you provided in your account as required in the registration process is current, complete and accurate. Registration data and other information about you are subject to Bio Profiler’s Privacy Policy contained herein. You are solely responsible for security of your login name and password. You agree to keep your login information private and to notify us immediately of any unauthorised account activities you may be aware of.

2.3       We reserve the right to suspend or terminate your account or suspend you of any future use of this Website in any capacity at any time, where we have reasonable ground to believe that (i) your use of this Website does not comply with these Terms and Conditions or any applicable legislation or regulation; or (ii) the information you provided for registration of your account is not true or accurate; or (iii) your account is being used by third party without your consent. We shall not be liable or be responsible in any manner whatsoever for the deletion of any data contained in your account.

2.4       Services: By logging-in your personal account, you may gain instant access to our Profiler Hair Analysis Test, Bio Profiler purchase or rental Plans , and our online Help and Support Centre. As a condition of using the Service, you are responsible for all charges associated with your use of the Service as notified in your account and you agree to pay all such charges, including any applicable taxes, at the rates effective at the time they are incurred. All charges are based on Bio Profiler’s measurements of your use of the Service and such measurements shall be final and binding on you. To the fullest extent permissible by law, you hereby agree to waive all your rights to claim against us for any disputed charges in respect of your use of the Service (the “Disputed Charges”). You may issue a written notice to us to dispute the Disputed Charges (the “Dispute”) within 14 days of the date on which the charges are notified in your account and we will investigate as to the authenticity of the Dispute. If we discover that the Dispute has merits, your charges will be adjusted by accordingly.

2.5       Payment Terms: All payments for the hair analysis test or profiler rental plans comprise of an upfront payment by a PayPal or credit card transactions, amounts of which shall vary according to the particular number or plan purchased by you. Payments will be made to the payments processor designated by Bio Profile rat the time of purchase. If your payment of the charges is refused or rejected, we reserve the right to suspend, terminate or limit your access to the Service. We may change the rates of its charges for the use of the Service from time to time without notice to you and your use of the Service constitutes acceptance of such change.

2.6       Refunds/Returns: Profiler tests may be cancelled or returned, at your own costs, to Bio Profiler within the first 30 days of the commencement of your test or device rental plan. Refund of un-used profile reports, less the original courier service delivery charges (if applicable) and excluding all import duties, taxes or charges, will be made subject to the return of the un-damaged profiler in its original case, together with any accessories as originally supplied. Subject to the satisfaction of the conditions of the profiler and the accessories returned, Bio Profiler shall arrange for the relevant refund within 21 days of its receipt of the un-damaged profiler and accessories.

3.         Intellectual Property Rights

3.1       All materials on this Website, including but not limited to the Content, are protected by copyright under Hong Kong copyright law, international conventions, and other copyright laws and are the property of Cell Wellbeing (the main original company), or its subsidiaries, affiliated companies or third party licensors. In addition, this Website contains proprietary trademarks, service marks and logos and you are not authorised or granted with any license to utilise any such proprietary trademarks, service marks or logos. Any unauthorised use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

4.         No Liability for Information on this Website

4.1     We have taken reasonable measures to ensure that the information contained within this Website is correct and up-to-date, however, by using this Website, you accept that:

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIO PROFILER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE. OR AS TO THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THIS WEBSITE. BIO PROFILERDOES NOT WARRANT THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, OR OTHERWISE USE THIS WEBSITE. BIO PROFILER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CELL WELLBEING’ NEGLIGENCE, SHALL BIO PROFILER BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN, THE CONTENT AND FUNCTIONS OF THIS WEBSITE, EVEN IF BIO PROFILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.2      We make no representations, warranties or assurances as to the accuracy or completeness of the information provided within this Website and no reliance should be placed thereon. In particular, you should not rely on the information provided for the purposes of any medical condition or treatment relating to yourself or any other person. Such information is not intended to be a substitute for the advice of a health care professional, or a recommendation for any particular treatment plan. You are advised to consult a health care professional. We shall not be liable, under any circumstances, for any damage, loss or injury resulting from any form of use of or reliance upon, the information provided within this Website.

4.3         Where we provide links to a third party website, we do not take any responsibility for or make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext links in, from or with this Website, and we do not endorse or approve the content of such third party websites. Where any interactions between site users take place, we accept no responsibility for any harassment, annoyance or the transmission of any offensive, illegal or derogatory material(s).

5.        Security

5.1      We are unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including without limitation payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or mis-use of any such confidential information or data by any such third party and you agree and acknowledge that your use of this Website shall be solely at your own risk.

6.       Indemnification

6.1       You agree to indemnify, defend, and hold Bio Profiler and all of its officers, directors, employees, business partners and agents, harmless from and against any and all liabilities and costs (including, without limitation, legal fees and costs), in connection with any claim arising out of any breach by you of these Terms and Conditions or the representations, warranties, and covenants or your use of this Website. You will cooperate as fully as reasonably required in Bio Profiler defence of any claim. We reserve the right, as its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Bio Profiler

7.         Prohibited Uses

7.1       As a condition of your use of this Website, you agree not to (i) store, transmit, publish or disseminate any obscene, hateful, pornography, racist, or any other illicit, contrary to public policy or otherwise objectionable content; (ii) store, transmit, publish or disseminate any content that promotes or relates to information about illegal activities or causes personal harm or injury against any individual or group (including defamation, insults, abuse, etc.); (iii) infringe the copyright, trademark, trade secret or any other intellectual property rights of a third party or violate the privacy, publicity or other personal rights of a third party; (iv) misrepresent your identity or represent yourself as another entity; and (v) use the information provided within the Website to develop a competing product against Bio Profiler.

7.2       You agree to indemnify us in full and against any and all claims, liabilities, losses, damages, expenses and other costs whatsoever suffered or incurred as a result of any breach of your obligations under Clause 7.1, including, but not limited to, any claims made against us by any third party.

8.         Privacy and Use of Personal Information (the “Privacy Policy”)

8.1       Information Processing: Your personal data will, if required, be processed by Bio Profiler in Hong Kong Special Administration Region (“HKSAR”) where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the United States or the European Union. By using this Website, you consent to the collection and/or processing in HKSAR of your personally identifiable information, which includes the use of cookies. By providing any personal information to this Website, all users, including without limitation users in the member states of the United States or the European Union, fully understand and unambiguously consent to the collection and processing of such information in HKSAR.

8.2                   Cookies: For each visitor to the Website, Bio Profiler’s web server automatically recognises and stores information, such as the visitor’s IP address/domain name combination. Your computer provides such information automatically each time you log on, unless you have activated blocking technology available in some browsers. Bio Profiler may use cookies which store certain information on your computer which will allow us to customise your visit to the Website and for other purposes to make your visit more convenient. Most browsers will allow you to erase cookies, from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customisation settings you previously specified, and our ability to personalise your online experience would be limited.

8.3       Personal information: We may ask you to provide personal or individually identifiable information, such as your e-mail address, name, mailing address, telephone number, identification document number, credit card number or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to fill out a registration, or to order products and services using the Website. If you choose not to provide your personal information, you may not be able to participate in certain activities.

If you send your hair samples to us for processing and results, as soon as we tested the hairs we will discard and destroy the hair samples permanently.

8.4       Use of Information: We may combine the information you provide on the Website with other information we may collect from you or from third parties so that we can more effectively tailor the Website and the provision of products and services to you. If you provide Bio Profiler with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend, or delete such information.Unless you instruct us otherwise, we may contact you to provide information about products, services, promotions or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an e-mail request). In addition, with each communication you receive from us, you will be given the opportunity to indicate if you do not wish to receive future communications. You should direct any requests for access or change to your personal information in writing via email at info@bioprofiler.com.au

8.5       Unless it is for the purposes you have requested or originally agreed, we will not share the personal information you provide on the Website with any other parties, except (a) with your consent; (b) as may be required by law or court order or as requested by a law enforcement agency; (c) to persons or companies with whom Bio Profiler contracts to carry out the internal operations of the Website or our business; (d) to enforce the Terms and Conditions; (e) to protect the personal safety, security or property of our users, the public, or ourselves; or (f) to respond to an emergency or exigent circumstances. Although we take measures to safeguard against the unauthorised disclosure of your personal information, we cannot assure you that personally identifiable information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

8.6       This Privacy Policy does not restrict or prohibit our use of disclosure of public information. We reserve the right to transfer any and all information that we collect from you to third parties in the event that we sell or transfer substantially all of our assets related to the Website to such third party.

9.        Miscellaneous

9.1      We will not be liable to you for failure to fulfill obligations caused by events outside our control, including without limitation, any difficulties experienced by you in accessing this Website.

9.2      We will not be liable for any delay or failure to perform the Services under Clause 2.4 or fulfill any of the obligations under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to fire, flood, explosion, typhoon, sandstorm, windstorm, calamities, strikes, lockout, labour shortage or dispute, war, events causing disturbance or disruption to electronic connections such as solar flares, hacking, viruses or other phenomena, other acts of God, acts or requests of government, accident, change of regulations or rules of law or government policy.

9.3      These Terms and Conditions constitute the entire agreement between you and Bio Profiler relating to your use of this Website and shall supersede and replace all other contracts (except, where applicable), discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.

9.4      Your use of this Website is governed by the Australian laws and you agree to submit to the exclusive jurisdiction of the Australian courts in relation to any dispute or claim arising out of your use of or access to the Website.

LEGAL DISCLAIMER

The Content of this Website has not been evaluated by the US Food and Drug Administration and that the product(s) on this Website is not intended to diagnose, treat, cure or prevent diseases. Any recommendations originating from this Website any personal consultations by phone, email, in person, or any online consultations/discussions, are at your sole risks.

You should and are advised to consult a qualified and licensed medical professional or health practitioner before starting any nutritional diet program or regime. Content of this Website or originating from it is not to be interpreted as an attempt to prescribe or practice medicine. No product offerings are intended to diagnose, treat, cure or prevent diseases. You should always consult a qualified and licensed medical professional or health practitioner when making decisions regarding your health. You are advised to investigate and educate yourself about any health-based actions and choices you make.

Rights Reserved 2014.