TERMS & CONDITIONS

Agreement Between User and Self Care Corporation Pty Ltd

1.    General
These Terms of Use, our Privacy Policy, Returns Policy and our Sales Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.freeze-frame.com.au (the "Site"). The Site is owned by Self Care Corporation Pty Ltd ("SelfCare") and is operated by SelfCare on its own behalf and on behalf of its affiliates, including but not limited to Selfcare Laboratories. For the purposes of these Terms of Use, the terms "we," "us," "our," and "SelfCare," refer to Self Care Corporation Pty Ltd and its affiliates. "You" refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

SelfCare reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

The Site is intended for and directed to residents of Australia and all information, advertising and claims contained on the Site are valid in and applicable only to Australia.


2. Privacy Policy, Returns Policy and Sales Policy
In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy and our Sales Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, our Returns Policy contains additional information regarding returns under our money back guarantee, and our Sales Policy contains additional terms regarding your purchase of Products through the Store. You agree that your have read, agreed to and understand SelfCare’s complete Privacy Policy, Returns Policy and Sales Policy.


3. Use of the Site – Personal and non-commercial use limitation


(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon ("Site Content"), provided that you comply fully with these Terms of Use. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under copywrite law, and is owned or controlled by, or licensed to, Self Care Corporation Pty Ltd. UNAUTHORISED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

freezeframe, INHIBOX, freezeframe with INHIBOX and freezefame BOOST, The SelfCare Professional Results at Home logo and all associated trademarks and logos used herein are trademarks of Self Care Corporation Pty Ltd. Other company and product names used herein are properties of their respective owners. All rights reserved.

(c) Trademarks

"freezeframe, INHIBOX, freezeframe with INHIBOX and freezefame BOOST,  The SelfCare Professional Results at Home and other marks, product names and company names appearing on the Site, are trademarks and service marks of Self Care Corporation and are protected by law. They may be used publicly only with permission from SelfCare. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Commercial Use of Site Content

To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please contact Customer Care and provide the following information in the body of the email:
   
    The Site Content you wish to use
    Where, when and how it will be used
    Where and how copies will be distributed and to what audience
    How many copies will be produced and distributed
    What other materials will be associated with the SelfCare content content
    Your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible. SelfCare reserves the right to condition or refuse to consent to the use of any or all of the Site Content at any time and in any manner, in SelfCare’s sole discretion.

You may not provide links to images or text on SelfCare’s Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.

(e) Accuracy of Information

SelfCare strives to accurately and completely describe its products and provide updated information on the Site; however, SelfCare does not warrant that product descriptions and information on the Site are complete or free from error.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information, SelfCare shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. SelfCare shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SelfCare shall issue a credit to your credit card account in the amount of the incorrect price.

Occasionally, product pictures or video footage may be used on the site which refer to limited time promotions. These promotions are only valid for the promotional period, and inclusion of pictures/footage of these promotions within the site do not make the promotional price or offer valid outside of this period.
This Site may contain general information relating to various medical procedures. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor.


4. Disclaimers and Limitation of Liability

(a) Disclaimer of Liability

NEITHER SELFCARE, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER SITE CONTENT ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

(b) Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SELFCARE, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF SELFCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES SELFCARE'S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF PRODUCTS SOLD TO YOU THROUGH THE SITE IN THE PROCEEDING TWELVE MONTH PERIOD. SELFCARE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT. BECAUSE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SELFCARES'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMISING SELFCARES'S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.


5. Miscellaneous

(a) Governing Law and Jurisdictional Issues

This Agreement is governed in all respects by the laws of New South Wales, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) Suggestions and Feedback

We welcome feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of SelfCare.

(c) Interpretation and Entire Agreement

These terms and conditions, together with our Privacy Policy, Return Policy and Sales Policy, and SelfCares's invoice regarding the products purchased through the Site by a user, form the complete and exclusive agreement between you and SelfCare, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and SelfCare relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(d) Contact Us

If you have any questions, comments or concerns regarding these Terms of Use and/or the Site, please contact Customer Care.

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