Website Terms & Conditions

Terms & Conditions

Welcome to the Impromy website. Probiotec Limited (ABN 91 075 170 151) and its controlled entities (hereafter referred to as “Probiotec”) have created this Website as a service to customers of the Impromy™ program.

By using this Website, whether as a guest or a registered user, you are agreeing that you have read and understood these Terms of Use and agree to comply with and be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this Website, to the use of the Internet, and to the activities involved in using this Website. Please review the following terms carefully and if you do not agree with them please do not use our Website.

Online Conduct

1.      You agree to use this Website only for lawful purposes.

2.      You agree to use this Website only for its intended purposes.

3.     Probiotec reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.

4.      You agree not to disrupt this Website.

5.      You agree not to interfere with or compromise the security of this Website.

6.      You agree not to disrupt or interfere with any other visitor’s use of this Website.

7.      You represent and warrant that all information that you provide to gain access to the services provided by this Website is accurate and truthful.

Access to this Website is limited to use solely for legitimate purposes to access the information and services provided by this Website. Any access or attempt to access other areas of the Website and the information contained thereon, or any computer, server, account, network, data, software and/or other hardware via this Website whether or not associated with this Website for any purposes is strictly prohibited.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. Any password or right given to you to obtain access to this Website is not transferable to any third party.

Accuracy of Content

All information, content and material (“Content”) comprising or made available on this Website is provided for general information purposes only. You should exercise your own judgement with respect to your use of this Website and you should carefully evaluate the accuracy, currency, completeness and relevance of the Content on the Website to make sure that it is suitable for your own individual purposes. Probiotec does not guarantee that any Content is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. We provide Content for general information or for educational purposes only. We do not warrant that information we provide will meet your individual requirements. It is up to you to seek appropriate professional advice if you are concerned about whether the information contained on this Website is suitable for you.

Your local Impromy contact can assist you with the availability of our products and services. For further information regarding your nearest Impromy contact, please visit our Store Locator.

Third Party Links

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Copyright, Trademark and Intellectual Property

Probiotec is the owner or the licensee of all intellectual property rights in this Website, and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) or sections from our Website for your personal reference but no right, title or interest is conveyed to you by doing so and you must not use any part of the Content on our Website for commercial purposes without obtaining a license to do so from us or our licensors as applicable.

Access to the Content is granted on the basis that you may not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content except as expressly authorised in writing by Probiotec.

Impromy and www.impromy.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Probiotec and / or its licensors and may not be used, copied or imitated without the prior written consent of Probiotec and / or its licensors as appropriate.

Probiotec intellectual property may not be used in connection with any third party service or information without our written consent. In any event, Probiotec’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages the Impromy brand, Probiotec or its business partners. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in this Website on any other web site or Website or server without the prior written consent of the owner of the relevant intellectual property.

You may not copy to, upload to, post to or otherwise distribute on, this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.

Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You may also be subject to legal sanctions and / or penalties.

Ownership of Third Party Content

Probiotec may display Content supplied by visitors and other third parties on its Website. Probiotec maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

Editing, Deleting and Modification

Probiotec reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any Content, feature, aspect, product or service comprising, or available through, this Website at any time. Probiotec may alter the availability of any feature of this Website or service at any time.

Indemnification

You agree to indemnify, defend and hold Probiotec and its shareholders, officers, directors, employees, agents and affiliates harmless from any damages, liability, loss, claim and expense, including reasonable legal fees, related to your violation of these Terms of Use.

Disclaimers

This website is provided “as is,” and “as available.” Probiotec makes no representations or warranties of any kind, express or implied, concerning the operation or use of this website, the content, products and/or services available on or through this website. Probiotec does not warrant that this website will be available at all times or that a visitor’s use will be continuous and/or error free. Probiotec does not make any warranties, express or implied, that the content available through this website is accurate, reliable, or current.

Probiotec hereby disclaims any and all warranties, express or implied, concerning the operation or use of this website including, without limitation, the implied warranties of, fitness for a particular purpose and non-infringement.

You agree to visit this website solely at your own risk. You agree to use this website and any content available on or through this web site solely at your own risk.

Limitation of Liability

To the maximum extent permitted under law, Probiotec will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive and/or consequential damages arising from the use of this website.

In any event and to the maximum extent permitted under law, Probiotec’s liability in relation to any loss or damage directly or indirectly related to any warranty or condition not excluded by these terms of use is limited to, at our election:

1.      In the case of services, the supply of the services again, or the cost of having the services supplied again.

Further, neither Probiotec, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website shall be liable, under any circumstances, for any damages, including, but not limited to, direct, indirect, incidental, punitive, and/or consequential damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays in connection with your use of or inability to use this website, or which result from acts of god, network failure, hardware or software failure, theft, unauthorized access, or any other cause, even if Probiotec has been advised of the possibility of such damages.

Use of Information

Probiotec reserves the right, and you grant authorisation, to use your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures Probiotec has taken and what information we retain from your visits to this Website, please read our web site Privacy Policy, which is incorporated herein by reference.

Change of Terms

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website or App.

Links to Other Websites

The Website may contain links to other websites or information sources. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Probiotec Limited. Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Probiotec. If you decide to leave our Website or access these third-party sites, you do so at your own risk.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice and for any reason. The website from which you are linking must comply in all respects with the Online Conduct requirements applicable to this web site.

If you wish to make any use of material on our site other than that set out above, please address your request toinfo@impromy.com.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Entire Agreement

These Terms of Use constitute the entire and only agreement between you and Probiotec and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

No Waiver

The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Jurisdiction and applicable law

The Australian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia

Your concerns

If you have any concerns about Content that appears on our Website, please contact info@impromy.com.

Thank you for visiting our Website.