Welcome to Batch Tested. batchtested.com.au is a website (Site) operated by Batch Tested Pty Ltd ABN 34 637 643 728 of 4/457 Upper Edward St, Spring Hill QLD 4000 (we, us and our).
We provide an online retail store for simplified access to a comprehensive range of batch tested Supplements and Sports Foods. We pack, fulfill and provide the relevant third party certification certificate for orders of batch tested products.
We do not guarantee that batch tested products are completely free from contamination, nor do we accept any responsibility for the batch testing certification process provided by third parties.
1 WE MAY MAKE CHANGES TO THESE TERMS AND OUR SITE
1.1. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
1.2. We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.
2 WE MAY SUSPEND OR WITHDRAW OUR SITE
2.1. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3 ELIGIBILITY TO USE OUR SITE
3.1. Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
4 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
4.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
5 HOW YOU MAY USE MATERIAL ON OUR SITE
5.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
5.3. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
6 DO NOT RELY ON INFORMATION ON THIS SITE
6.1. This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
6.2. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
6.3. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
7 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
7.1. Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
8 LIMITATION OF LIABILITY
8.1. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any law, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.2. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
8.3. You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
8.4. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms of sale.
9 WE ARE NOT RESPONSIBLE FOR VIRUSES
9.1. We do not guarantee that our Site will be secure or free from bugs or viruses.
9.2. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
10 RULES ABOUT LINKING TO OUR SITE
10.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
10.4. We reserve the right to withdraw linking permission without notice.
10.5. If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected]
11 AUSTRALIAN LAW APPLIES TO DISPUTES
12 OUR TRADE MARKS ARE REGISTERED
12.1. “Batch Tested” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
13 PROHIBITED USES
13.1. You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
(d) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
13.2. Additionally, you agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
(b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
(d) use any device, software or routine that interferes with the proper working of the Site;
(e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(f) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
(g) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(h) otherwise attempt to interfere with the proper working of the Site.
13.3. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.