Blackmores Institute Terms and Conditions explain our Site rules, terms and conditions. Please read the Terms and Conditions carefully before you use or register for this Site.
The following terms constitute an agreement between you and Blackmores Institute, the operator of the Site ("we" or "us"). This agreement ("Terms and Conditions ") 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 and Conditions, 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 information on this website is intended for Australian healthcare professionals and is not intended for the general public. Consumers needing healthcare advice should talk to their healthcare professional.
Content is written by Blackmores Institute or writers we’ve commissioned, and there is also user-generated content such as comments. The content we write and commission is written by health experts and reviewed by medical and regulatory experts before it is posted. Content submitted by users is not reviewed or verified by us.
Everything we offer on the Site is referred to in these Terms and Conditions 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.
2. Changes to These Terms and Conditions
We may change these Terms and Conditions at any time, as we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms and Conditions have been updated. If you disagree with the changes to these Terms and Conditions, 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 and Conditions regularly.
3. Registration
When you register you are required to provide your name, email address, profession and a password. These are your credentials for accessing Services that are only available to members ("Credentials").
4. Your Personal Information
The Blackmores Institute Privacy Policy explains the information practices that apply to the personal information we have about you. You consent to the transfer of this information to and within Australia or other countries for processing and storage by us. Additionally, you agree that we may use your Credentials to authenticate you on any Service or the Site.
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 and Conditions.
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 and Conditions.
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 and Conditions. 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
Members can post personal stories and discussions ("Postings") that can be accessed and viewed by other members. 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 and Conditions, 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, 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 Institute 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 Institute 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 and Conditions 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 and Conditions 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 and Conditions” 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 and Conditions 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 and Conditions 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 Institute. No right, license or interest to such trademarks is granted by this Agreement.
Terms of Purchase
Important Notice - Due to extended COVID-19 lockdowns and high parcel volumes, customers may experience delivery
delays. Our delivery partner Australia Post is working hard to ensure you receive your items as
quickly as possible.
1. General
The following constitutes an agreement between you and Blackmores Limited (ABN: 35 009 713 437)
(“Blackmores”, “we” or “us”), the operator of the Blackmores Institute website
www.blackmoresinstitute.org (“the Site”), in relation to the purchase of goods via the Site. These
Terms of Purchase are in addition to the Terms of Service and Privacy Policy (“the Additional Terms”),
which will equally apply to your use of the Site, and should be read in conjunction with these Terms of
Purchase. If there is any inconsistency between these Terms of Purchase, and the Additional Terms,
in relation to your purchase of any goods via this Site, then these Terms of Purchase prevail.
By purchasing goods via this Site, you signify that you agree to these Terms of Purchase, the
Additional Terms, and you consent to resolve in the State of New South Wales, Australia any dispute
that you may have with us, the Site, or any purchase or attempted purchase of goods or services by
you via the Site.
2. Changes to these Terms of Purchase
We may change these Terms of Purchase 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 Purchase have been updated. If you
disagree with the changes to these Terms of Purchase, discontinue your use of the Site to purchase
goods via the Site. Your ongoing purchase of goods or services via the Site after the changes take
effect signifies your agreement to the new terms. We encourage you to review the Terms of Purchase
regularly, including before each purchase made via the Site.
3. Ordering goods
Any order placed by you in the manner described on this Site is an offer by you to purchase a
particular good at the advertised price (including delivery costs and other charges) specified on this
Site at the time you place your order.
Orders are only accepted online and while stock lasts. You acknowledge that, by placing your order,
you are agreeing to pay for and accept delivery of the goods ordered.
There is a transaction limit of $500.00 per order. This limit may change from time to time without
notice to you.
Blackmores may change the prices published on this Site at any time. Prices of goods placed in the
'shopping cart' but not paid for are also subject to change and you agree to pay the price current at
the time of payment.
While every effort has been made to ensure the accuracy of prices and information displayed on the
Site and related website pages, Blackmores reserves the right to accept or reject your payment offer
for any reason, including without limitation, the unavailability of any good, an error in the price or the
good’s description posted on the Site, or an error in your order, or we reasonably believe you have
not complied with these Terms of Purchase or the Additional Terms, or we have previously refused to
accept any order(s) from you.
2
We may require additional verification or information before accepting any order. Verification required
will be determined by us.
In Australia and in all other countries, we reserve the right to limit sales, including the right to prohibit
sales to re-sellers.
We are not responsible for typographical or photographic errors on this website, including any such
errors in relation to prices.
4. About our prices
Deliveries are within Australia only, all prices are exclusive of the Australian Government's Goods and
Services Tax (GST), currently set at 10% of the price of all goods, but subject to change. Prices
displayed on this website are current at the time of issue, but may change at any time and are subject
to availability. Prices and availability of goods are subject to change without notice and are sold for
personal use only.
5. Blackmores payments
Payments can be made by Visa and Mastercard, unless otherwise specified, the price payable for
goods ordered is the price specified on this Site, plus any applicable shipping and handling charges.
Prices are exclusive of GST.
6. Delivery
Each purchase will be shipped as a separate order and cannot be combined. Whenever possible in
Australia, Sydney, Melbourne and Brisbane orders will usually be delivered within 5 days of ordering.
Adelaide, Hobart, Perth and all regional areas within approximately 7 days. Blackmores cannot
guarantee delivery times, including due to reasons beyond Blackmores’ control. All deliveries are
made Monday to Friday via Australia Post. You have the option to authorise Australia Post to leave
your package at the delivery address by ticking the ‘authority to leave’ box during checkout. There are
no weekend deliveries.
7. Returns policy
We do not accept returns for simply changing your mind after purchase, unless we otherwise specify,
such as where you cancel your order before we dispatch the goods, and we send you confirmation of
the cancellation via email. Despite the above, nothing in these Terms of Purchase alter any rights you
may have under the Australia Consumer Law. Please ensure you retain proof of purchase of
purchasing goods from our Site and the goods in question if you are looking at returning your goods.
To request a return or a refund, please email
[email protected] and ensure you include
your six digit order number which was emailed to you upon processing of your order.
All refund payments will be processed in Australian Dollars. Blackmores will not be liable to refund
any fees or charges you incurred from your credit/debit card provider for your initial purchase.
8. Safe arrival
All goods are packaged for safe arrival. If there is any damage to the package content - please ensure
you include your six digit order number which was emailed to you upon processing of your order. We
may request that you provide us with a picture of the damaged goods.
9. Title and risk
Title to the goods purchased on this Site does not pass from Blackmores to you until we have
received payment in full for the goods.
10. Disclaimer of warranty
Blackmores is providing this Site and its contents on an 'as is' basis and use of this website is at your
own risk. The content is believed to be accurate, complete, current and reliable at the date the
information was placed on the website. Blackmores and its related companies, affiliates, licensors or
licensees, and their respective directors, officers, employees or agents make no representation or
warranty as to the accuracy, completeness, currency or reliability of the information contained on this
Site (including in relation to any goods or services). To the extent permitted by law, including any nonexcusable statutory obligations (including under the Australian Consumer Law), none of them will be
liable or responsible in any way (including in negligence) for errors in, or omissions from, the
information contained on this Site. To the extent permitted by law, Blackmores expressly disclaims all
warranties of any kind, whether express or implied, including (without limitation) implied warranties or
conditions of merchantability or fitness for purpose.
11. Termination
Your ability to purchase goods from this Site may be terminated by Blackmores at any time without
notice. All restrictions, licenses granted by you and limitations of Blackmores' liability will survive
termination.
12. Contact Blackmores
Blackmores is located at 20 Jubilee Avenue, Warriewood NSW 2102, Australia.
Queries relating to an online order and/or ordering online are handled as such - via email; please
email [email protected] and ensure you include your six digit order number, if available.