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Terms & Conditions

Welcome to BackTone®.

We provide our services to you subject to the following conditions: If you visit or shop at our website BackTone.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future BackTone service you will be subject to the guidelines and conditions applicable to such service or business. Do not use this Web Site if you do not accept these conditions.

PRIVACY

Please review our Privacy Statement, which also governs your visit our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the BackTone website or send email to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on these sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BackTone and protected by Australian and international copyright laws. The BackTone name is the registered trademark of BackTone. The compilation of all content on this site is the property of BackTone and protected by their relevant copyright laws. All software used on this site is the property of BackTone or its software suppliers and is protected by Australian and international copyright laws. BackTone respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately with advice, including URL, of the alleged copyright.

LICENSE AND SITE ACCESS

BackTone grants you a limited license to access and make personal use of these sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BackTone. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BackTone. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any component or part of this website without express written (hard copy) consent. Any unauthorised use terminates the permission or license granted by BackTone. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page or product description page so long as the link does not portray BackTone, our website or products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BackTone logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. For your password we recommend a minimum of eight characters (being comprised of a mixed combination of uppercase, lowercase, numbers and/or special characters). You accept sole responsibility for ensuring that all contact information (postal, telecom and electronic) are accurate and correct. BackTone accepts no responsibility for non-delivered or misdirected communication to you because the contact/shipping information has been incorrectly provided. BackTone reserves the right to refuse service; terminate accounts; remove, modify or cancel orders in its sole discretion; with or without notice.

SHIPPING, HANDLING & FREIGHT

Depending on the size and value of your order we may use Registered Post, Express Post, Airmail, Standard Postal or Courier services. Shipping charges include one or more of: postage, freight charges, registration, packaging costs, handling fees and/or additional charges levied. Australian domestic orders are usually received within week of payment clearing (excluding Christmas and Easter periods). International orders are dispatched within similar timeframe, although parcel arrival varies dependent upon destination and delivery service requested. International delivery destinations: BackTone accepts no responsibility for goods seized or detained or otherwise not delivered due to import restrictions, regulations or other government imposed sanctions or restrictions against such products being imported into your country. It is your responsibility to ensure that all applicable laws and restrictions are adhered to prior to order of goods. Non-deliverable parcels: In respect to any goods that are returned to us by the shipping agent, due to incorrect shipping address or non-deliverable for whatever reason, we will notify the customer accordingly. The customer will need to provide additional funds to cover additional handling and shipping costs to resend the product/s. Should the customer select shipping with No Tracking services BackTone is unable to ascertain the whereabouts of the parcel once dispatched. The customer assumes total risk associated with non-delivery for any reason.

RETURN POLICY

Returned product must be in original packaging, unused, undamaged and not tampered with. All returns must be pre-authorised by BackTone Pty Ltd. Any and all goods returned/sent to us without authorisation are received as free gifts to us; in which we thank you for your generosity. All products must be returned within 30 days for an in-store credit. Items must be in their original packaging. A 20% re-stocking fee will be applied on all products unless otherwise stated. Shipping costs are not refunded on returned goods. International orders may be exchanged only when defective. Please allow approximately 10 – 15 business days for your return to be processed. Items must be in original packaging, in as-new condition with the packing slip, with all instruction card and accessories included. BackTone.com reserves the right to refuse a return if it is deemed suspicious in nature. BackTone® ha been included in the registry of Australian Therapeutic Goods as a Class 1 Medical Device. (Inclusion No: 162441).

TERMS OF USE

Limitation of Terms of Use These Terms of Use are in no way limited or altered by any other terms or conditions on this Web Site or any other agreement you may have with BackTone for products, services or otherwise. The following exclusions and limitations apply only to the extent permitted by law, and are subject to the Non Excludable Rights. BackTone excludes all other conditions and warranties implied by custom, law or statute. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted in this document are reserved. Right to Amend Terms of Use and Content BackTone may at any time vary revise, add, amend, modify, or delete any part of these Terms of Use or the Content by publishing the variations on the Web Site without prior notice. You accept that by doing this, BackTone has provided you with sufficient notice of the variation. Your continued use of this Web Site after the changes constitutes your acceptance of the variations. BackTone will make reasonable efforts to bring any changes to the attention of its users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the Web Site. Information This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which BackTone apologises. In particular, you should be aware that all Content is provided on an `as is' basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date. Visitors using the information from the site do so entirely at their own risk. BackTone strongly advises you to seek independent professional advice before acting on any content from this site. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of BackTone, assume the risk of any adverse effects. Unless expressly stated otherwise, general information about BackTone's products and services does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the terms and conditions for products and services. Limitation of Liability You acknowledge and accept (at the time you purchase a BackTone) that you have read and understood the instructions and terms of use of BackTone, as well as, all the conditions published on our website. You also acknowledge and accept that BackTone has been designed as a device that seeks to help retrain postural habits and is only to be used in accordance with these instructions and accurate advice provided by your qualified health professional and the website. Using BackTone does not negate the need to consult a qualified health professional or doctor; we do not guarantee that BackTone will correct any pre-existing condition or bring about a specific outcome, we are not responsible for any liability, loss or damage incurred by you or any third party either directly or indirectly from your use or misuse of a BackTone or BackTones. You bear the entire risk of injury, loss or damage arising from any cause whatsoever (whether due to your negligence or the negligence of any other person) in connection with the BackTone. To the fullest extent permitted by law, we are not liable for any injury to any person or loss or damage to property arising from your possession or use of BackTones (including any injury, loss or damage arising from our negligence). Unless otherwise directed by your qualified health professional or doctor, BackTones MUST NOT be used by people under 16 years of age or people who have the following conditions, had Severe back pain; Scoliosis; Osteoporosis; Back Surgery; Spinal Fractures; Bone tumours; Metastatic cancer; Haemophilia; Rheumatic Conditions (eg Rheumatoid Arthritis / Ankylosing Spondylitis); Neurological Conditions (eg Spina Bifida / Spinal Cord Injury); Spondylosis / Spondylolisthesis; Pregnancy; or any other condition that is stipulated from time to time on the website. If you are unsure whether BackTone is suitable to be used by you consult a health professional before using it. Use strictly as directed. Incorrect use could be harmful. If symptoms persist, worsen or new symptoms develop, immediately cease use of BackTone and consult your health practitioner as soon as possible. By using a BackTone, you accept the conditions of use set out in these instructions and those published on the website. You indemnify us against all claims made against us by any other person for loss or injury arising out of your possession or use of the BackTone from any cause, and whether due to your negligence or the negligence of any other person. If you do not agree to these conditions please send the BackTone devices back to us at the address listed in the Contact Us section for a refund within 7 days of purchase. You indemnify BackTone to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. Use of Site from Outside Australia This Web Site should not be relied on by people in any country other than Australia. Should the Content and terms and conditions satisfy the laws of the User Country, you are not entitled to rely on the information. If you do so, you agree to indemnify BackTone for any loss or damage, which may be incurred as a consequence. Waiver If you breach any of these Terms of Use, and BackTone has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of BackTone's legal rights. Any waiver of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by BackTone.