Hyperice Terms & Conditions Australia & New Zealand
Welcome to www.hyperice.com.au and www.hyperice.co.nz (this "Site"). This Site is provided by The Move Better Project. Hyperice is a widely recognized brand leader that uses innovative design and superior technology to provide greater protection and enhanced performance for people who are passionate about their sports.
- 01 Your Acceptance of Conditions of Use The following Terms of Use (these "Terms of Use") are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use or purchase products from this Site.
- 02 These Terms of Use May Change We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.
- 03 Ownership, Copyright, & Trademarks This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by The Move Better Project, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and The Move Better Project owns the copyright in the selections, coordination, arrangement and enhancement of the content.
To alert you to these changes, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices on our home page for 30 days after the new effective date to alert you to the change. You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom of each page of this Site.
Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from The Move Better Project. The use of any materials from this Site on any other website or networked computer environment is prohibited.
The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of The Move Better Project or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of The Move Better Project or the trademark owner. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.
- 04 Privacy Notice Our Online Privacy and Security Policy is part of and is incorporated in these Terms of Use. To review our Online Privacy and Security Policy, click here. Your Comments, Product Reviews and Other Submissions We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Hyperice Australia. Your submission of Comments will constitute an assignment to Hyperice Australia of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.
- 05 Product Details Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.
- 06 Information on This Site Is Not Medical Advice Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.
- 07 Your Account If you are under 18 you may not purchase a product or sign up to be a member of our Site. You may use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.
- 08 Risk of Loss All items purchased through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- 09 Disclaimers THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERICE AUSTRALIA AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HYPERICE AUSTRALIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.
Hyperice Australia will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Hyperice Australia will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.
We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.
Color. Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.
Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.
You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.
- 10 Limitation of Liability UNDER NO CIRCUMSTANCES, SHALL HYPERICE AUSTRALIA OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY IF YOU ARE NOT SATISFIED WITH ANY PRODUCT MADE AVAILABLE THROUGH THIS SITE IS TO RETURN THE PRODUCT TO US IN ACCORDANCE WITH OUR RETURNS POLICY.
- 11 Links to Web Sites Operated by Third Parties This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.
- 12 Interpretation As used in these Terms of Use, the term "including" means "including, but not limited to."
- 13 Waiver Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by The Move Better Project of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
- 14 Severability If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
- 15 Governing Law, Jurisdiction and Venue
- 16 Entire Agreement
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HYPERICE AUSTRALIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HYPERICE AUSTRALIA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).
The Move Better Project's principal place of business is in Australia, and this Site is hosted on a web server located in Australia. These Terms of Use shall be governed under the laws of Australia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Australia. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
These Terms of Use contains the entire understanding and agreement between your and The Move Better Project with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and The Move Better Project with respect to this Site.