Terms of Use

 

Introduction

This website is operated by Best of the Bone. Throughout the site, the terms “we”, “us” and “our” refer to Best of the Bone. Best of the Bone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Specific limits of Best of the Bone’s site

Whilst Best of the Bone's site offers health, wellness and diet-related articles in our ‘Bonehead Blog’ Best of the Bone’s site does not offer any diagnostic advice or service. If you need advice, information or treatment, you should consult a qualified medical or health care practitioner and not use this site.

The information contained on Best of the Bone’s site is made available for informational purposes only and should not be construed as medical or health advice.

Best of the Bone endeavours to provide a convenient, functional and secure website. However, Best of the Bone’s website (including the content of Best of the Bone’s website) is provided on an “as is” and “as available” basis, and Best of the Bone does not warrant the content will be error-free or that the site or the server that operates it are free of viruses or other harmful components.

While Best of the Bone takes all reasonable steps to maintain the accuracy and completeness of the information contained on Best of the Bone’s site, you acknowledge and agree that, to the maximum extent permitted by law, Best of the Bone makes no representation or warranty to you, nor gives any guarantee as to the accuracy, adequacy or completeness of the content or information contained on Best of the Bone’s site.

Similarly, to the maximum extent permitted by law, Best of the Bone makes no representation or warranty, nor gives any guarantee to you in relation to Best of the Bone’s site or the content accessible via Best of the Bone’s site, including (without limitation):

• as to the reliability, suitability or availability of Best of the Bone’s site or the content accessible on Best of the Bone’s site;
• that access to Best of the Bone’s site and/or to the content accessible on Best of the Bone’s site will be secure, uninterrupted or error-free;
• that errors or defects with Best of the Bone’s site or the content accessible via Best of the Bone’s site will be able to be corrected;
• that Best of the Bone’s site will operate with any other hardware, software, system or data; or
• the accuracy and fairness of the content accessible via Best of the Bone’s site.
  

If your use of Best of the Bone’s site results in the need for servicing or replacing property, material, equipment or data, to the maximum extent permitted by law, Best of the Bone will not be responsible for such costs.

 

Terms of Use

The information on Best of the Bone’s site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Best of the Bone nor Best of the Bone’s directors and Best of the Bone site’s authors are responsible for the results of any actions taken on the basis of the information or for any error or omission in the information.

You agree that your use of Best of the Bone’s site and the purchase of any products will be governed by these terms and conditions (“Terms of Use”) and Best of the Bone’s collection, use and disclosure of your personal information will be in accordance with the Privacy Policy which can be accessed here https://www.bestofbone.com/pages/privacy-policy. As these Terms of Use and the Privacy Policy are important legal documents, we recommend that you read both pages before taking any further steps on this site. Your continued use of Best of the Bone’s site will be treated by Best of the Bone as your acceptance to the Terms of Use and Privacy Policy. If you do not accept these Terms of Use and Privacy Policy, you must refrain from using or accessing this site and any information contained on it.

 

Registration

2.1 You may be asked to provide Personal Information to Best of the Bone before purchasing any products from this Website, before entering any competition on the Website, or before registering an account on this Website. If you do not provide that Personal Information to Best of the Bone, Best of the Bone may not be able to sell you products, enter you into that competition, or register you with an account.

2.2 All Personal Information Best of the Bone collects from this Website will be held, used, and disclosed in accordance with Best of the Bone’s Privacy Policy.

2.3 You acknowledge that if you do not register as a member of this Website, parts of this Website designed for registered members may not be accessible to you.

2.4 Best of the Bone will take reasonable steps to maintain the security of any Personal Information that you provide. Best of the Bone’s site has security measures in place to protect the loss, misuse, and alteration of the information under Best of the Bone’s control. However, no data transmission over the internet can be completely secure, and Best of the Bone cannot give an absolute assurance that the information you provide to us will be secure at all times.

2.5 Best of the Bone may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.

2.6 You agree that Best of the Bone may terminate your user account and/or refuse you access to Best of the Bone’s site where you are in breach of any provision of these Terms of Use.

 

User ID, Password and Security

3.1 You have the opportunity to create an account to access parts of Best of the Bone’s site. In order to create an account, you are required to provide us with your name and address, and to select a password.

3.2 You acknowledge and agree that your email address and password combination is used to access the restricted areas of Best of the Bone’s site and that you are responsible for the safety and security of your password.

3.3 Without limiting the foregoing, you agree to notify Best of the Bone immediately when you become aware of any unauthorised or attempted unauthorised access to, use or disclosure of your password by any person and you agree to comply with Best of the Bone’s directions regarding password security.

3.4 You agree that Best of the Bone is entitled to take reasonable steps to monitor use of your account and that Best of the Bone may suspend your access to your account should Best of the Bone detect any suspicious activity occurring in relation to your account until the suspicious activity is resolved.

 

Credit card and payment information

Best of the Bone does not collect, store, or retain any credit card and other payment information in connection with products purchased from Best of the Bone via this website. All payments for products purchased from Best of the Bone via this website are processed through third-party payment gateway providers. Best of the Bone uses its reasonable endeavours to ensure that all purchases made through Best of the Bone’s website are made using secure HTTP connections (you can check that the connection is secure when the URL for the “check-out” web-page commences with “https://xn--ivg).

 

Copyright & Intellectual Property

Best of the Bone's site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Best of the Bone. Except to the extent otherwise permitted by law:

You are allowed to:

• view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain the copyright notice and other intellectual property notices from the original material;

You are NOT allowed to:

• use material from Best of the Bone’s site for non-personal, public or commercial purposes without the consent of Best of the Bone; or
• distribute in any medium any part of Best of the Bone’s site or the content on Best of the Bone’s site without Best of the Bone’s prior written consent; or
• alter or modify any part of Best of the Bone’s site or the content made available via Best of the Bone’s site; or
• not to use or access Best of the Bone’s site (or any part of it) or the content made available via Best of the Bone’s site for any commercial use unless you first obtain Best of the Bone’s prior written consent (which may be provided in Best of the Bone’s absolute discretion, subject to any conditions which Best of the Bone chooses to impose at its absolute discretion); or
• breach copyright or any other intellectual property rights of Best of the Bone or its licensors including by amending or adapting any material on Best of the Bone’s site.

Subject to the provision above, no part of Best of the Bone’s site may be reproduced, stored in a retrieval system, or transmitted in any form or any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of a director of Best of the Bone Pty Ltd.

Advertising, links to third party web sites and e-commerce offers

Best of the Bone’s site contains hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of Best of the Bone. Best of the Bone is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Best of the Bone provides these hyperlinks to you as a convenience only. Inclusion of any link is not nor does it imply any endorsement of the linked web site by Best of the Bone. You link to any such web site entirely at your own risk.

 

Your content and conduct

You are solely responsible for any content that you submit to Best of the Bone and the consequences of submitting such content to Best of the Bone, including via Best of the Bone’s site.

When you submit any content to Best of the Bone, you represent and warrant to Best of the Bone on a continuous basis that you own the content and that the content is original to you, and does not infringe the intellectual property rights or moral rights of any third party.

You grant to Best of the Bone a non-exclusive, worldwide, perpetual and irrevocable fully paid-up licence of the content you submit to Best of the Bone to enable Best of the Bone to operate Best of the Bone’s website and to otherwise fulfil any obligations which Best of the Bone may owe to you under any contract or agreement.

Without limiting the foregoing, you agree that you will not submit to Best of the Bone any content that is and that you will not use Best of the Bone’s site or any content or tools which Best of the Bone makes available to transmit any material that is:

•  vulgar or obscene;
• discriminatory, sexist or racist;
• violent or graphic;
• contrary to applicable laws in Australia; or
• libelous, tortious, defamatory or invasive of another person’s privacy.

You acknowledge that Best of the Bone may, at its absolute discretion, remove content from Best of the Bone’s website which in Best of the Bone’s opinion breaches any of the foregoing restrictions.

You also acknowledge and agree that the fact that Best of the Bone may make available your content to other users of Best of the Bone’s website does not mean that Best of the Bone endorses such content or the person submitting the content.

 

Applicable Law

This agreement created by these Terms of Use is governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with these Terms of Use.

 

Communications

Unless you expressly inform Best of the Bone otherwise (including by exercising any opt-out mechanism that Best of the Bone may make available to you), you consent to your receipt from Best of the Bone, or on Best of the Bone’s behalf, of electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to Best of the Bone.

Feedback

Best of the Bone provides Best of the Bone’s website in order to provide a useful guide and user experience and any comments on its structure and contents with a view to improving its usefulness would be welcome. Such comments and feedback should be provided to Best of the Bone using the facilities made available via Best of the Bone’s website.

When you submit any feedback or comments to Best of the Bone regarding Best of the Bone’s website, you acknowledge and agree that Best of the Bone is free to use or adapt any idea or feedback to improve Best of the Bone’s website without compensation or remuneration to you.

 

Liability

The liability of either party for a breach of the agreement created by these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognized, and would be applied by, the High Court of Australia.

To the fullest extent permitted by law, in no event shall Best of the Bone, its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:

• errors, mistakes or inaccuracies in the content made available via Best of the Bone’s site;
• personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of Best of the Bone’s site and/or its content;
• any interruption or cessation of transmission to or from Best of the Bone’s site;
• any bugs, viruses and/or malicious code which may be transmitted to or through Best of the Bone’s site; and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via Best of the Bone’s site, except where such liability arises as a direct result of any negligent or willful act or omission of Best of the Bone, its directors, officers or employees.

 

Notices

Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your email address held by Best of the Bone. You agree to promptly notify Best of the Bone of any change in your email address.

 

Entire agreement

These Terms of Use constitute the entire agreement with respect to your access to and use of Best of the Bone’s site, and your right to upload, submit, access and use the content made available via Best of the Bone’s site. These Terms of Use supersede and replace all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.

 

Variation

Best of the Bone may vary these Terms of Use at any time by giving you notice of the variation or by posting a notice of the variation to Best of the Bone’s site. Such notice may be given (and you are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on Best of the Bone’s site.
Best of the Bone will use reasonable endeavours to notify you of any variation to these Terms of Use at least 14 days in advance of the variation taking effect. Such notification may take the form of an email sent to the email address Best of the Bone holds, by posting a reasonably prominent link to the varied terms on Best of the Bone’s site and/or by posting a reasonably prominent notice in any app Best of the Bone may release to support Best of the Bone’s site.

 

Waiver

A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.

 

Severability

Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

 

Assignment

Best of the Bone may assign its rights under these Terms of Use to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with Best of the Bone’s prior written consent.

Further acts

Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms of Use.

Party preparing document not to be disadvantaged

No rule of contract interpretation must be applied in the interpretation of these Terms of Use to the disadvantage of one party on the basis that it prepared or put forward these Terms of Use or any document included in these Terms of Use.

 

Changes to Terms of Use

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

 

Contact Information

Questions about the Terms of Service should be sent to us at: info@bestofthebone.com.au