Terms & Conditions


Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to My Best Me Pty Ltd.  Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Members/Advertisers

1. In order to list your services on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.

4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

5. Our services are intended to be used by members within Australia only.

Our Website Services

6. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

7. All prices are in Australian Dollars (AUD) and are exclusive of GST.  We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Site Access

8. When you visit our website, we give you a limited licence to access and use our information for personal use.

9. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

10. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

11. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

12. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

13. Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

14. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

15. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

16. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

17. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

18. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

19. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

20. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

21. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

22. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-

a. Schedule 2 of the C&C Act; and

b. those statutory guarantees, all of which are given by us to you if you are a consumer.

23. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a. We will repair or replace the goods or any part of them that is defective; or

b. Provide again or rectify any services or part of them that are defective; or

c. Wholly or partly recompense you if they are defective.

24. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-

a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

25. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:-

a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d. We do not participate in any way in the transactions between our users.

Indemnity

26. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

27. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

28. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

29. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

30. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Users and Advertisers

On mybestme.com.au (“Users” and "Advertisers") agree to be bound by the following terms and conditions.

mybestme.com.au (“The Site”) is a web site owned by My Best Me Pty Ltd.

31. mybestme.com.au does not make any representation whatsoever about any advertisement or service advertised on the site, nor about any of the Advertisers who appear in the business listing on mybestme.com.au.  Users and Advertisers must satisfy themselves as to the suitability of any business or service found directly or indirectly through this website.

32. Users and Advertisers agree at all times to deal with any information or serviced and products provided or accessed from the Site in a manner which abides by all applicable laws, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).  

33. mybestme.com.au reserves the right to either reject or remove any Advertiser listing from its site if the Advertisement is not suitable for mybestme.com.au and its purposes and will also remove an Advertisement if any advertisement or listing is in breach of any law.

34. Advertisers agree to indemnify mybestme.com.au, its officers, employees and agents against all claims, actions, suits, liabilities, costs and expenses incurred on any account by mybestme.com.au as a result of the listing or proposed listing by an advertiser on mybestme.com.au.

35. mybestme.com.au provides no warranty to Advertisers that services available through the Site will be uninterrupted or error free. mybestme.com.au agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.  

36. mybestme.com.au makes every effort to avoid errors in advertisements and listings it has agreed to post to the site however, mybestme.com.au accepts no responsibility or liability for any errors and requires that Users and Advertisers check their listings for errors as soon as they are placed on the Site.    

37. Users and Advertisers agree not to use any feature of mybestme.com.au to send unsolicited emails, to any person or business for any reason.  Legitimate communication tools provided within the site for the purpose of communicating with Advertisers and Users are the exception to this rule.   

38. Advertisers posting information must ensure information is accurate, truthful, and honest.  Advertisers must ensure that their advertisement is up to date and legitimate and must make changes when products or services are changed.  

39. Advertisers must ensure that all advertisements posted on  mybestme.com.au comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct in all applicable States and Territories of Australia.  

40. Advertisers agree to keep mybestme.com.au, its officers, employees and agents fully indemnified against any actual or contingent costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against mybestme.com.au as a result of an actual or alleged breach by you of any law, regulation, by-law, ordinance or code of conduct or such other actions or claims brought as a consequence of your Advertisement appearing on mybestme.com.au.  

41. Users and Advertisers accept that we cannot and do not screen, vet, or QA Advertisers postings and information on the site.  We do the best we can to ensure a high level of quality and accuracy but we are not responsible for the validity or accuracy of information contained in these postings.  mybestme.com.au will not be liable for any loss, costs, damages or loss of profits sustained as a consequence of any User or Advertiser engaging any person, product or service sourced through mybestme.com.au.

42. mybestme.com.au cannot and does not guarantee or warrant to the User or Advertiser that files available on or emailed through the site will be free of infection or viruses, worms, trojan horses or other malicious or harmful code. Mybestme.com.au will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from this website to your computer systems of viruses, worms, trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a programme or any data howsoever stored whether saved on a computer system or otherwise.  

43. Users and Advertisers agree to comply with the National Privacy Principles set out under the Privacy Amendment (Private Section) Act 2000.  

44. Advertisers agree that mybestme.com.au may remove an Advertiser listing if annual fee payment is overdue.  Written notification will be sent to the Advertiser prior to this taking place.

45. Advertisers agree not to post any information on mybestme.com.au that is misleading, dishonest or known to be incorrect.  Advertisers must ensure that their listing is in the correct categories, the correct locations, and that all other information is correct and accurate.    

46. mybestme.com.au reserves the right to edit, re-categorise, change or update any Advertisement at any time. This is generally only done to correct mistakes or omissions made by the User or Advertiser.  

47. Refunds on credit card payments will be made at the discretion of management.

 

These Terms and Conditions have been specifically drafted for, and provided to My Best Me.

JOIN our community

facebook instagram twitter Youtube

Sign up for healthy news, advice and special offers