BreastCare WA Pty Ltd ACN 165 086 411 (BreastCare WA, BreastCare)

Introduction

These TERMS OF USE (Terms) govern your use of, and access to, the BreastCare WA Pty Ltd Website (ONLINE).

Related information includes Product Purchase Terms, our Delivery Terms, our Privacy Policy, and our Defined Terms.

Responsibility

BreastCare WA (We) are Garment & Fitting Specialists. We are not medical professionals and We do not provide medical related garment advice. When ONLINE content suggests a Product may be relevant for a surgery or condition, it is only intended to inform you about possible garment options. You are responsible for consulting an appropriate medical professional to determine the garment type, and the frequency of wear, appropriate for your circumstances.

Content

The ONLINE concept and content are subject to intellectual property rights. These rights are owned by Bertram Consulting Pty Ltd. ONLINE content is also subject to copyright. These rights are owned by Bertram Consulting Pty Ltd or, for some material, a third party.

You agree not to reproduce, adapt, distribute, sell, publish or otherwise use any ONLINE material, except as permitted by statute. You agree not to use or misuse any registered trademark or other mark that is protected by law.

Links to third party sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by BreastCare WA of the sites or the information, products or services provided at those sites. You accept that if you choose to access those sites, you do so at your own risk.

ONLINE Use

You agree not to misuse the ONLINE site and only use it for lawful purposes. You agree not to use the ONLINE site for activities which breach any regulations or applicable codes or standards.

You agree that We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your ONLINE use or to your downloading of any material posted on it, or on any site linked to it.

Cookies

Cookies are small pieces of information captured when your device is used to access online content. We do not intentionally use cookies to retain information about your ONLINE use.

Liability

You agree to assume all risk for ONLINE use, and that your use is subject to these Terms and all applicable laws. You release BreastCare WA of all responsibility for any consequences of ONLINE use.

You accept that We make no representations or warranties of any kind, express or implied as to the operation of the ONLINE site or the information, content, materials or products shown ONLINE, except as otherwise provided under applicable laws.

You agree that neither BreastCare WA nor its directors or employees will be liable for any damages arising out of, or in relation to ONLINE use, or sites linked to the ONLINE site. You accept this limitation applies to direct, indirect, consequential, special, punitive or other damages suffered, as well as damages for loss of profits, business interruption or the loss of data or information.

You agree that ONLINE content is provided on an “as is” basis. You accept that the ONLINE site and content may contain errors and inaccuracies, may not be complete or current, may not always be available, and may not be fault free or virus free.

Updates

You accept that We may vary these Terms at any time, and that the current version of these Terms is that shown ONLINE. By continuing your ONLINE use you consent to any variation and agree that it is your responsibility to regularly check these Terms for any variation.

Jurisdiction

You agree that these Terms and the ONLINE site are governed by and construed in accordance with the State of Western Australia, Australia (WA). If a dispute arises from these Terms, you agree to submit to the exclusive jurisdiction of the courts of WA.

The ONLINE site can be accessed from outside of Australia. We make no representations that the ONLINE site complies with the laws of any country outside Australia. If you access the ONLINE site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the ONLINE site.