Terms & Conditions
The Website www.myofxaustralia.com.au (the “Site”) is managed by MyoFX (the “Administrator”). The Administrator is a registered Australia Business with registered and business offices in Australia.
The conditions and terms set out below apply to the entire Site content and, together with any page or document to which conditions and terms might refer, constitute the terms and conditions based on which the Administrator allows
Access to the contents of the Site is subject to careful reading and acceptance of these Terms and Conditions of use (the “Conditions”). Use of the Site implies full acceptance of the Conditions.
Many sections of this Site can be accessed without the need for registration. Other sections, on the other hands, require registration with the provision of certain personal data identifying the user. For the processing of such
2. LICENSE CONDITIONS
Except as otherwise provided for in these Conditions or in other sections of the Site, all copyrights and any other intellectual or industrial property right or any other rights of any kind in any of the content or aspects of the Site, belong to the Administrator or are
The User is allowed to print or download certain extracts from the Site for strictly personal use only and provide that:
- no document or graphic element of the Site is modified in any way;
- no graphic element of the Site is used separately from the related text;
- the copyright declaration and registered trademark or patent declarations (collectively the “Credits”), together with mention of this license, are attached to each copy and extracted from the Site.
Any printed or digital copies of materials downloaded or printed from the Site may not be modified in any way, and the use of images, photographs, videos, audio, graphics or anything else disjointed from their related Credits is forbidden.
The position of the Administrator, or of the person(s) indicated by the same, as the author of the material published on the Site must always be stated.
Except as provided for above, no part of the Site may be reproduced or stored in any other website or included in any information storage and search or service provision system, without the prior consent of the Administrator.
Any other rights or permissions not expressly mentioned in these conditions are expressly reserved.
3. ACCESS TO THE SITE
The Administrator shall make all reasonable efforts, according to a standard of commercial reasonableness, ensure that the Site is always accessible. Nevertheless, the Administrator shall not be liable if, for any reason, the Site is unavailable, even if only for limited periods of time. Access to the Site may be temporarily suspended, also without prior notice, in the event of system errors, service or maintenance requirements for any other reason beyond the reasonable control of the Administrator.
The user is responsible for
4. CONDUCT AND MATERIAL OWNED BY THE USER
With the exception of personal data which will be processed according to that specified above, any materials, content, etc. transmitted or entered on the Site will be considered non-confidential and non-proprietary. Therefore, the Administrator assumes no obligation with regard to such information and materials and shall be deemed authorised to acquire a copy, transmit, disclose and use such materials, both for commercial as well as for other purposes.
The User undertakes not to enter or transmit to or from the Site any material:
- that is
intimidatory, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, invasive of secrecy obligations, invasive of privacy or which might in any way produce discomfort or damage; or
- for which the necessary licenses or approvals have not been obtained; or
- that represent or encourages conduct that could be considered forms of crime, which may lead to the liability of anyone, that is in any way contrary to law, public order or morality or that
insuresthe right of others anywhere in the world; or
- that causes damage (including without limitation, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupted data or other software with harmful or potentially damaging content.
The User may not abuse the Site (including without limitation, by carrying out hacking activities).
The Administrator will actively cooperate with public authorities appointed to carry out investigations and will copy with any court order requesting or ordering the Administrator to disclose the identity or identify individuals that transmit or enter material not compliant with the law and/or that established above.
5. REGISTRATION ON THE SITE
Each registration on the Site is valid for a single user only. Any identification code, password, username or otherwise are a constituent part of the security systems and procedures activated by the Administrator to protect the system and the data stored in the Site. Therefore, they may not be revealed to anyone, not even within a limited group. The Administrator reserves the right to disable the identification code, password and/or username of any user of the Site whenever, at the sole discretion of the Administrator, there has been any violation of any of these Conditions.
Responsibility for the confidentiality and the use of the password is solely that of the user who assumes all the related risks.
6. LINKS TO or FROM OTHER SITES
Links to third party websites on the Site are only offered to facilitate the fruition of the content. By using them, you leave the Site. The Administrator has not carried out any verification of the sites that are linked from the Site and does not control nor is responsible for how such sites are managed, their content and their availability for use. The Administrator
Should the user wish to create his/own link to the Site, he/she may do so only provided that an effective link to the homepage of the Site is created and the content of the Site is not
- the dimensions or characteristics of the
MyoFxtrademark and its logo are not removed, deformed or in any other way altered;
- no frame is created and/or no other setting is inserted around the Site;
- such links
doesnot imply, not even indirectly, that the Administrator is promoting the products or services of third parties;
- with this, no attempt is made to suggest, not even surreptitiously, some form of relationship between the Administrator and the user and no attempt is made to convey false, misleading or distorted information with regard to the Administrator;
- with this, no attempt is made to use any trademark or logo reproduced on the Site without the prior express written consent of the Administrator;
linkis not activated by a site not managed by the user;
- the user’s website does not contain content which is disgusting, offensive, or controversial, in violation of any intellectual property rights or any other rights of third parties or that in any other manner is in violation of the law, regulations, public order or morality.
The Administrator reserves the right at any time to revoke the user’s right to create a link to the Site or take any other action that is deemed necessary or appropriate in the event that even only one of the terms specified in this section is violated.
The user shall indemnify the Administrator for any loss or damage incurred by the Administrator for violation of any of the conditions set out in this section.
7. IMPORTANT NOTICES
The Administrator will ensure that the information published on the Site is always accurate and up to date, but this does not in any way imply any guarantee regarding the reliability, accuracy or completeness of the information present on the Site. The Administrator may at any time modify the Site and its contents, or modify the description of the products and/or services and possibly their prices, and this without any notice. It is understood that the Administrator does not take any commitment or obligation to update the material published on the Website. Everything published on the Site is produced without any guarantee, condition or other provision. Similarly, without prejudice solely to the extent required by law, the administrator allows the User to visit the Site on the express assumption that no representation, warranty, condition or other limit (including, without limitation, the implied warranties of good quality, suitability for the proposed use and compliance with due diligence or that of a qualified professional which, except for that excluded by this condition, could have an effect with regard to the content of this Site) shall have effect.
The liability of the Administrator, or any other party that has acted on its behalf (regardless of whether it was involved in creating, producing, maintaining or implementing the Site), or of any other group company of the Administrator, of all their directors, managers, employees, shareholders or agents, for any amount and for any type of damage that the user of any third party may incur (including, without limitation, any direct, indirect or consequential damage, loss of profit, damage to commercial goodwill, loss of data, contractual damage or tort, revaluation, interest or otherwise, deriving from or in any way connected with the interruption of activity, including due to mere omission or negligence, depending on the contractual liability or tort) in any way depending on the operation of the Site or in any way connected with the use, impossibility of use or on the results of use of the Site, or depending on any other website which is linked to the Site or on the material on such websites, including without limitation, loss or damage due to the dissemination of viruses that may infect the User’s electronic equipment (PC or otherwise), software, data or other property used to access, use or browse the Site by the User or used to download materials from the Site or from other websites linked to the Site, is expressly excluded.
This limitation of liability does not intend to exceed mandatory legal limits or those for cases of malice or gross negligence.
9. CONDITIONS FOR USING THE SITE
The User assumes all charges and responsibility for any adaption of his/her hardware, software or otherwise or for any repair, maintenance or correction of the same needed to access the content or use the services provided by this Site.
FITBIZ does not sell, rent or otherwise make available any personal data submitted by visitors to our site to any third parties. Fitbiz is committed to ensuring that your privacy is protected. The information will not be used for any direct marketing or unsolicited follow-up unless we have previously informed you of this possible use and you have given us your express permission when submitting it.
With your permission, FITBIZ will use this information for such purposes as:
- Sending you e-mail press releases or notification
- Delivering goods or prizes
FITBIZ does make use of non-personally identifiable statistical information (browser type, geographical location, age, gender) for optimisation of our sites as part of our internal review process and in a general way to learn more about the consumers of our products. This information will not be disclosed to third parties by FITBIZ. This data will only be used for the stated purpose, and will not be used for any unsolicited communication unless you give us permission. Children and young people under 16 are advised to get permission from their parent or guardian before they submit personal data to FITBIZ web sites. This policy may be modified from time to time.
MJ & JM Chambers PTY LTD October 2001
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.
The table below lists the cookies we collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|