Blackmores Terms of Service
BLACKMORES TERMS OF SERVICE
Blackmores website (the “Site”) is part of our ongoing commitment to providing you with information that will empower you to take control of your health. We’re very excited to bring you health conditions and diagnostic tools as well as a vibrant learning centre full of interactive, engaging and relevant content. We’re also proud to be building Australia’s largest community dedicated to natural health and wellbeing, and we encourage you to become a Blackmores member so you can join in, share your experiences and get advice and health tips from others.
It’s important to note that the Site is an information resource and should not be a substitute for medical advice, diagnosis or treatment.
Blackmores Terms of Service explain our Site rules, terms and conditions. Please read the Terms of Service carefully before you use or register for this Site.
The following terms constitute an agreement between you and Blackmores, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member.
By using the service, and/or by registering with us, you signify that you agree to these Terms of Service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the State of New South Wales, Australia any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties.
1. About the site
The Site contains a range of information and tools about health and wellbeing. Our content is written by us or writers we’ve commissioned, and there is also user-generated content such as blogs, group discussions, wellbeing goals and product ratings. The content we write and commission is written by health experts and reviewed by health and regulatory experts before it is posted. Content submitted by users is not reviewed or verified by us. For more information, please see our Editorial Policy.
Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." Most of what's on the Site is viewable without registering, but to participate in our communities or store your information, you must register as a member. Review our Privacy Policy, Posting Guidelines and Editorial Policy for additional information.
2. Changes to These Terms of Service
We may change these Terms of Service at any time, as we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
3. Registration
When you register you are required to provide your name, email address, date of birth and a password. These are your credentials for accessing Services that are only available to members ("Credentials").
4. Privacy
Any personal information collected by us through your use of this website will be dealt with in accordance with our Privacy Policy.
5. Your Responsibilities
You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities or providing ratings, you must comply with the Posting Guidelines. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
6. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission,.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
8. Links to Other Sites
The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
9. Additional Terms
Certain Services on the Site may have additional terms (such as policies and guidelines) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
10. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
11. Content You Post or Submit
The Site includes a community area, where members can post personal stories and discussions ("Postings") that can be accessed and viewed by others, including the public in general. Postings are not confidential and that they will be designated as modules that can be clipped and pasted on other personal and community websites. You may not post Postings that violate these Terms of Service or the Posting Guidelines, and we reserve the right to block your ability to post and/or to access the Site and Services if you do.
You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.
While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the Report Abuse link in community areas, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings.
In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
12. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.
13. Linking To This Website
You generally do not need to obtain permission from Blackmores to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.
14. Competitions
We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.
15. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws.
16. We Make No Warranties
We provide the site and the services "as is", "with all faults" and "as available." we and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by a Blackmores representative shall create a warranty. You use the site and the services at your own risk.
17. We Do Not Provide Medical Advice
This site and the services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they 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 site. The use of any information provided on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are 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 site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the Services 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 Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
18. General Limitation of Liability
Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services.
19. Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your registration.
20. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
22. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of New South Wales, Australia governs these Terms of Service and any claim or dispute that you may have against us.. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.
24. Trademarks
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Blackmores. No right, license or interest to such trademarks is granted by this Agreement.
Blackmores Privacy Policy
BLACKMORES PRIVACY POLICY
Your privacy is important. This information explains how we comply with Australian privacy requirements.
Blackmores’ system for complying with Australian privacy requirements includes 1) our commitment to compliance with privacy requirements; 2) our policy and approach to privacy, as explained in this information; 3) our resources allocated to privacy, including our technology systems and services; and 4) our people and the training and education we undertake.
Collecting your personal information
Depending on your involvement with Blackmores Institute, we may collect personal information about you such as your name, your contact details, and other information about you such as your age and health.
We collect this information when we ask you for it and you, or others on your behalf authorised by you, provide it to us.
Where you prefer that we do not collect your personal information, we may not be able to assist you or provide services or undertake activities that we would otherwise provide or undertake.
Where reasonably possible, we seek to work with information and records from which personal information has been removed.
When we use and disclose personal information, in addition to complying with privacy laws and requirements, we comply with applicable laws including those relating to our products.
We also collect information that may or may not include your personal information, through technology and tools that tell us when a computer or device has visited or accessed our content. Those tools include services from search engines and other companies that help us to tailor our content, products and services to better suit consumers and customers. Search engines provide facilities to allow you to indicate your preferences in relation to the use of those tools in connection with computers and other devices controlled or used by you.
Using your personal information
Generally, we use your personal information for our activities and business, and in our efforts to expand and improve our business. Examples include:
• providing information about our products and services, including dealing with any inquiry or complaint;
• operating programmes and forums in different media in which you are able to share information, including your personal information, with us and publicly (on the Terms applicable);
• providing you with marketing communications, newsletters and alerts, surveys and invitations and offers for products including new products that may be of interest to you (and if we do so, we will provide you with a way to opt out);
• to administer and manage promotions and competitions;
• to determine if you are eligible for certain products, services or programmes;
• for a business or professional relationship we may have with you;
• if you apply for employment with us, to consider your application;
• to evaluate our products and services, and conduct consumer research;
• to amend records to remove personal information; and
• for other everyday business purposes that involve use of personal information.
Storing and Disclosing your personal information
We use various systems and services to safeguard the personal information we store and use, as part of our business systems and processes.Like many companies, these systems and services may include other parts of our wider company, or other people and organisation assisting us with services, located both in and outside Australia. When we pass on or share your personal information in this way, we take steps to ensure it is treated in the same way that we would treat it.
We do our best to keep records of personal information up to date and accurate and not to keep personal information that is no longer needed.We sometimes have to pass on personal information for legal or safety reasons or other special circumstances.
Contact with Blackmores Institute about your personal information
You may wish to contact Blackmores Institute to access your personal information, to seek to correct it or to make a complaint about privacy. Our privacy email contact address is [email protected] and further contact details for Blackmores Institute and privacy are set out below.
Blackmores Institute
20 Jubilee Avenue
WARRIEWOOD NSW 2102
AUSTRALIA
Phone: 1800 803 760
We will respond to your request for access to personal information we hold about you as soon as we reasonably can, including if we are unable to provide you with access (such as when we no longer hold the information).
We do not impose any charge for a request for access, but we may charge you a reasonable fee for our costs associated with providing you with access and retrieval costs.
For complaints about privacy, we will establish in consultation with you a reasonable process, including time frames, for seeking to resolve your complaint.
Last updated: March 2014
Blackmores Privacy Policy
BLACKMORES PRIVACY POLICY
Your privacy is important. This information explains how we comply with Australian privacy requirements. This information may be updated from time to time.
Blackmores Institute’s system for complying with Australian privacy requirements includes 1) our commitment to compliance with privacy requirements; 2) our policy and approach to privacy, as explained in this information; 3) our resources allocated to privacy, including our technology systems and services; and 4) our people and the training and education we undertake.
Collecting your personal information
Depending on your involvement with Blackmores, we may collect personal information about you such as your name, your contact details, and other information about you such as your age and health.
We collect this information when we ask you for it and you, or others on your behalf authorised by you, provide it to us.
Where you prefer that we do not collect your personal information, we may not be able to assist you or provide services or undertake activities that we would otherwise provide or undertake.
Where reasonably possible, we seek to work with information and records from which personal information has been removed.
When we use and disclose personal information, in addition to complying with privacy laws and requirements, we comply with applicable laws including those relating to our products.
We also collect information that may or may not include your personal information, through technology and tools that tell us when a computer or device has visited or accessed our content. Those tools include services from search engines and other companies that help us to tailor our content, products and services to better suit consumers and customers. Search engines provide facilities to allow you to indicate your preferences in relation to the use of those tools in connection with computers and other devices controlled or used by you.
Using your personal information
Generally, we use your personal information for our activities and business, and in our efforts to expand and improve our business. Examples include:
providing information about our products and services, including dealing with any inquiry or complaint;
providing information to professional practitioners about our products and services, including about how our products might be of benefit to members of the public to whom they provide advice;
operating programmes and forums in different media in which you are able to share information, including your personal information, with us and publicly (on the Terms applicable);
providing you with marketing communications, newsletters and alerts, surveys and invitations and offers for products including new products that may be of interest to you (and if we do so, we will provide you with a way to opt out);
to administer and manage promotions and competitions;
to determine if you are eligible for certain products, services or programmes;
for a business or professional relationship we may have with you;
if you apply for employment with us, to consider your application;
to evaluate our products and services, and conduct consumer research;
to amend records to remove personal information; and
for other everyday business purposes that involve use of personal information.
Storing and Disclosing your personal information
We use various systems and services to safeguard the personal information we store and use, as part of our business systems and processes.
Like many companies, these systems and services may include other parts of our wider company, or other people and organisation assisting us with services, located both in and outside Australia.
When we pass on or share your personal information in this way, we take steps to ensure it is treated in the same way that we would treat it.
We do our best to keep records of personal information up to date and accurate and not to keep personal information that is no longer needed.
We sometimes have to pass on personal information for legal or safety reasons or other special circumstances.
Contact with Blackmores about your personal information
You may wish to contact Blackmores to access your personal information, to seek to correct it or to make a complaint about privacy.
Our privacy email contact address is [email protected] and further contact details for Blackmores and privacy are set out below.
Blackmores Limited
20 Jubilee Avenue
WARRIEWOOD NSW 2102
AUSTRALIA
Phone: 1800 803 760
We will respond to your request for access to personal information we hold about you as soon as we reasonably can, including if we are unable to provide you with access (such as when we no longer hold the information).
We do not impose any charge for a request for access, but we may charge you a reasonable fee for our costs associated with providing you with access and retrieval costs.
For complaints about privacy, we will establish in consultation with you a reasonable process, including time frames, for seeking to resolve your complaint.
Last updated: March 2014