Welcome to testingkits.com.au (hereinafter referred to as “Platform” or “Website or “Site” or “We” or “Us”) operated by JAME NFA Pty Ltd (hereinafter referred as the “Company”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Service” or “Terms” or “ User Agreement” or “Agreement”). Your use of our Platform constitutes your agreement to all such Terms.
We provide homeopathic general testing kits that helps to address some common causes of health conditions such as common allergies, sensitivities etc. and online informative courses (hereinafter referred as the “Products”) to the buyers (hereinafter referred to as the “Buyers” or “Users” or “You” or “Your”) through our platform (hereinafter referred to as the “Services”).
By using the Platform, you agree to comply with and be legally bound by the Terms of Service. These Terms govern your access to and use of the Platform and Services and all Collective Content and constitute a binding legal agreement between you and us.
The use of this Platform constitutes your consent to, and agreement to, abide by the most current version of these terms.
IN USING THIS PLATFORM, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS OF SERVICE SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS OF SERVICE FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, POLICIES OF THE PLATFORM, DISCLAIMER NOTICE AND THE FULL TERMS OF SERVICE CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION:
- “Account” means the accounts created by the users on our Platform in order to use the services of the Platform.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “User content” or “User Data means all Contents and data that a user posts, uploads, publishes, submits or transmits to be made available through our Platform.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- Use of the Platform is available only to persons who have attained the age of 18 and who can form legally binding contracts under applicable law. Thus, any person under the age of 18 can only use our services under the supervision of their parents and the parents shall be held liable and responsible in case of any loss suffered by us.
- You represent that you have the authority to bind the entity to this User Agreement.
- Except where additional terms and conditions are provided which are product or service specific, these terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using our Platform, you agree to be bound by the Terms of Service.
- It is mandatory for users to register on our Platform as a user to purchase the products.
- In order to register with us, the Users will have to provide various details as following:
- First Name
- Last Name
- Email address
- You represent and warrant that all required registration information you submit is true and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading and violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
- You may not transfer or sell your account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all Applicable taxes. In addition, you must abide by our Platform’s policies as stated in the Agreement and the Platform policy documents published on the Platform as well as all other operating rules, policies and procedures that may be published from time to time on the Platform by Company.
- The User shall make the payment to purchase the products through the payment gateway integrated to our Platform.
- The User agrees and acknowledges to make the payment subject to the applicable fees, transactional charges and taxes.
- The return and refund of the orders shall be pursuant to our return and refund policy published on the platform.
5. YOU AGREE AND CONFIRM:
- That you will use the services provided by our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all Applicable laws and regulations while using the Platform and transacting on the Platform.
- You will provide authentic and true information in all instances where such information is requested of you.
- That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
- It is possible that the other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. By using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- You agree that you will not:
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our Platform
- Violate any operating rule, policy or guideline of your Internet access provider or online service.
6. YOU MAY NOT USE THE PLATFORM FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Interfering with any other person’s use or enjoyment of the Platform.
- Breaching any Applicable laws;
- Interfering or disrupting networks or web Platforms connected to the Platform.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Platforms, services, Platforms, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Platforms, services, Platforms, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Platform, services
- Further we prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
8. REVIEWS, FEEDBACK, SUBMISSIONS:
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
9. INTELLECTUAL PROPERTIES:
- Our Platform and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of our third party’s intellectual property rights. All rights, including copyright, in this Platform are owned by or licensed to us or third party suppliers. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Platform. You cannot modify, distribute or re-post anything on this Platform for any purpose.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”). You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Platform. All software used on this Platform is the property of our Platform or its suppliers and protected by the United States of America laws. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Platform, one of its affiliates or by third parties who have licensed their materials to us and are protected by United States of America laws.
- If you learn of any unlawful material or activity on our Platform, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with Applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our Platform should be sent to: firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless our Company/Platform, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Platform or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of your violation of any Applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Platform and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our Platform:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we find you breaching these terms, you may also become liable for an amount of which we have suffered losses/damages.
12. DISCLAIMERS AND LIMITATION OF LIABILITY:
- The Platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Platform.
- The Platform provides content from other Internet Platforms or resources and while our Platform tries to ensure that material included on the Platform is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by Applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Platform, Services and tools;
- Delays or disruptions in our Platform, Services, or tools;
- Viruses or other malicious software obtained by accessing our Platform, Services, or tools or any Platform, Services, or tool linked to our Platform, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Platform, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Platform, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
- The information, software, products, and services published on this Platform may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, we do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the travel products displayed on this Platform (including, without limitation, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.
- The Platform or the Company, to the extent permitted by law, is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We , to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
13. Limitation of Liability:
- To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with any delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked Platforms, products, and services obtained through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we , our Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
- User understands and agrees that any information or material obtained from the Platform and/or products or services obtained from the Platform is done at user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
14. GOVERNING LAWS AND JURISDICTION:
- This Agreement shall be construed in accord with the Applicable laws of Australia regardless of your physical location.
- The Courts at Brisbane, Queensland, Australia have exclusive jurisdiction in any proceedings arising out of this agreement.
15. DISPUTE RESOLUTION:
- Generally, transactions are conducted smoothly on our Platform. However, there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the Platform.
- In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The seat of Arbitration shall be Brisbane, Queensland, Australia and the language used for arbitration shall be English.
- The award of the arbitration shall be binding on both, you and us.
- The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
16. PLATFORM SECURITY:
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Platform and Services are subject to our Privacy Polixy.
- By using the Platform and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform and Services.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Platform and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
- For emails, the email was sent to the specified email address.
19. LINKS TO OTHER PLATFORMS:
Links to third party Platforms on this Platform are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Platforms. If you decide to access any of the third party Platforms linked to this Platform, you do this entirely at your own risks.
20. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
23. FORCE MAJEURE:
In no event we shall not be responsible or liable for any failure or delay in the performance of obligations hereunder in these terms arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, computer hacking, malicious damage or computer (software and hardware) services;
24. DIGITAL SIGNATURE:
- By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support.
25. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
26. CONTACT US:
For any further clarification of out Terms of Service or for support, please write to us at email@example.com.