These Terms and Conditions of Use apply to the Bio Concepts website located at www.bioconcepts.com.au (the "Site"). The Site is the property of Bio Concepts Pty Ltd ("Bio Concepts"). By using the Site, you agree to be bound by these Terms and Conditions of Use.
1. Content
a) The content on the Site is owned, controlled, or licensed by Bio Concepts. It is protected by copyright (and where applicable, patent and trademark laws).
b) No part of the Site or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any medium for publication or distribution by any person without prio written consent of Bio Concepts.
c) You must not use screen scraping, data mining or any similar data gathering and extraction technological devices on the Site for the purpose of reproducing information contained on the Site or through any other medium.
d) You most not post to the Site or allow to be loaded onto the Site any material of a kind which contains computer worms, viruses or other types of malicious or harmful programs that could cause damage or harm to Bio Concepts or any other party using the Site.
e) You must not do anything that compromises the security of the Site.
f) Bio Concepts does not warrant that access to the Site will be available and uninterrupted.
g) Bio Concepts does not warrant that the Site will be free of viruses or other harmful components. Bio Concepts will not be liable to you for any damage cause to you as a result of any such interruption, error or virus.
2. Use of materials on the Site
a) You may use information on Bio Concepts products and services purposely made available by Bio Concepts by downloading from the Site provided that you:
a. use such information only for your personal, non-commerical purpose and do not copy or post such information on any networked computer or broadcast it in any media;
b. do not modify any such information, and
c. do not make any additional representations or warranties relating to such documents.
b) Bio Concepts specially reserves all of its intellectual property rights in the Site and its contents, including, but not limited to, copyright in material and/or services provided by Bio Concepts. The material on the website is proved for personal use only and may not be re-sold and/or re-distributed in any material form, stored in any storage media, or re-transmitted in any media without prior written consent of Bio Concepts.
c) You must not attempt to gain unauthorized access to any portion or feature of the Site, or any systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means.
d) You may not use the Site or its contents for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity which infringes the rights of Bio Concepts or any other party.
3. Links to other websites
Bio Concepts provides links to other sites on the worldwide web solely for the convenience of users of the Site and, to the extent permitted by law, it is not responsible for and accepts no liability in relation to the material or information contained on those other sites.
4. No reliance
a) Bio Concepts may make changes to any products or services offered for sale on the Site, or to the applicable prices for any such products or services, at any time and from time to time, without notice to you.
5. Accounts, Passwords and Security
a) Certain features or services offered on the Site may require you to open an account. You are solely responsible for maintaining the confidentiality of the information you hold for your account, including the password.
b) You agree that you will be liable for all purchases made by persons who have access your account or placed an order using your account details and password, whether or not such orders have been authorized by you.
c) You must notify Bio Concepts immediately or any unauthorized use of your account or password, or any other breach of security.
d) You must not use anyone else’s Bio Concepts ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. You agree to indemnify Bio Concepts and keep Bio Concepts indemnified in respect of any loss or damage arising from your failure to comply with these obligations.
e) You consent to us communicating with you in relation to your account or any orders placed by you through electronic means, including by email.
6. Privacy
Bio Concept’s’ Privacy Policy applies to use of this Site. Additionally, by using this Site, you acknowledge and agree that internet transmissions are never completely private and secure. You understand that any message or information you send to the Site may be read or intercepted by others. To view our Privacy Policy click here.
7. Limitation of Liability
a) Except to the extent permitted by law, in no event will Bio Concepts be liable to you for any any indirect, consequential, exemplary, incidental or punitive damages, including lost profits. This limitation applies in relation to or in connection with any material and/or information supplied in respect of advertising on the Site; and as a consequence of removing any material and/or information from the Site. Bio Concepts is not responsible for content on the Site provided by third parties
b) Any attempt to deliberately damage the Site may be in violation of criminal and civil laws and should such an attempt be made, whether successful or not, Bio Concepts reserves the right to seek damages to the fullest extent permitted by the law.
8. Indemnity
To the extent permitted by law, you agree to indemnify and hold Bio Concepts, its officers, directors, shareholders, predecessors, employees and agents harmless from any demand, loss, liability, claims or expenses made against Bio Concepts by any party due to or arising out of or in connection with:
a) your use of the Site;
b) any breach by you of these Terms and Conditions of Use of the Site;
c) any negligence, wrongful act or omission, or breach of statutory duty by you or by your employees, contractors, officers or agents; or
d) the violation by you of the rights of any third party in connection with your use of the Site.
9. Violations of these Terms of Use
a) In addition to the permitted disclosures set out in the Bio Concepts Privacy Policy, Bio Concepts may disclose any information we hold about you if we reasonably determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site.
b) In accordance with the Bio Concepts Privacy Policy, Bio Concepts reserves the right at all times to disclose any information that Bio Concepts deems necessary (acting reasonably) to comply with any applicable law, regulation, legal processes or governmental request.
c) You agree that Bio Concepts may, in its sole discretion and without prior notice, terminate your access to the Site, block your future access to the Site and/or cancel your account if we have determined that you have violated these Terms and Conditions of Use.
10. General
a) These Terms and Conditions of Use are governed by the laws of the State of Queensland and the Commonwealth of Australia. You agree with us to submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings in connection with your use of the Site.
b) If any provision of these Terms and Conditions of Use is void or unenforceable, that provision is to be served to the extent necessary to ensure that these Terms and Conditions of Use are enforceable. The balance of the Terms and Conditions of Use will continue in force notwithstanding the severance of the unenforceable or void provision and these Terms and Conditions of Use must be interpreted accordingly.
c) A right of a party under these Terms and Conditions of Use may only be waived in writing, signed by the party giving the waiver and no other conduct of a party (including failure to exercise, or delay in exercising a right) will operate as a waiver of the right or otherwise prevent exercise of the right. The exercise of a right does not prevent any further exercise of that right or any other right.
The information contained in this web site is subject to change without notice.
Updated March 2012.
