Terms and Conditions
This website and its contents (“Website”) is owned and operated by Pinnacle Retails (“Company”).
The Terms and Conditions govern the use of this Website.
The Company reserves the right to amend these Terms and Conditions at any time with out notice. You are therefore encouraged to check this document regularly.
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
The Company makes no representation that the content of this Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites, Content and Advertisements
The Company assumes no responsibility and accepts no liability for the condition or content of any third party websites that may be linked to or accessed from the Website. Except as the Company may specifically direct otherwise, the Company does not authorise the content of those third party websites. Website may also contain third party advertisements or other content that contain embedded hyper-links to external websites operated by third parties. The placement of third party advertisements or content on the Website does not necessarily constitute the recommendation or endorsement of the Company for such goods or services, or content. The third party advertiser or content provider is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third parties.
Competitions and Promotions
The Website may contain competitions or promotions from the Company or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, the Company specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.
The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which are owned by the Company, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without the express consent of the Company.
Disclaimer and liability
The Website is provided on an “as is” basis. While the Company has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, the Company does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, the Company, its affiliated companies and their respective directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and
(b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth.) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of the Company, its affiliated companies or their respective directors, employees, agents and contractors) will the Company, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.
This Website offers health, fitness and nutritional information, but is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Website. The use of any information provided on this Website is solely at your own risk. Nothing stated or posted on this Website is intended to be, and must not be taken to be, the practice of medical or counselling care. Developments in medical research may impact the health, fitness and nutritional information that appears here. No assurance can be given that the information contained in this Website will always include the most recent findings or developments with respect to the particular material. Your access or use of this Website does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Website. If you rely on any of the information provided by this Website, its employees, or its guests or visitors, you do so solely at your own risk.
You agree to indemnify and keep indemnified the Company, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of the Website) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Termination and Cancellation
The Company reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, the Company will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the liability of the Company will survive such termination.