Last Updated: 16/08/2021
Thank you for visiting our website www.tikunaustralia.com.au, this “Website” along with our social media sites are owned and operated by Tikun Oceana Pty Ltd trading as Tikun Australia (ABN 48 612 453 568).
We reserve the right to add to, delete or change these terms because of frequent changes in internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, do not use this website.
2. Information Disclaimer
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The totality of information presented and contained within our website and/or social media sites are for general informational purposes only. The information may not be used in any form to serve as a replacement for professional medical advice, or the determination of a medical diagnosis or treatments.
You as the website visitor “Website user” acknowledge and accept full responsibility for how you use the information provided and indemnify Tikun Australia and its parties (the Company, Directors and Employees) from any associated liabilities resulting from the use of such information. Tikun Australia recommends that any person seeking medical advice, should consult a qualified healthcare professional.
To be clear Tikun Australia is not a medical clinic, we do not provide medical consultations and our employees are not qualified medical professionals, consequently, we cannot provide medical advice. The content on the website, such as text, graphics, images, information obtained from licensors, and other material contained on the website are for informational purposes only. An individual’s physical state, medical status and health requirements are not considered and thus the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information provided by us, our employees, others appearing on this website at their invitation, or other visitors to this website is solely at your own risk.
3. Tikun Australia & Linked Sites
No warranties are provided by Tikun Australia that the information and/or content contained within our media sites and/or general communications are complete and/or accurate. Tikun Australia’s lack of warranty extends to and includes links to external websites or social media platforms. Tikun Australia in no way endorses, monitors or reviews content from these external websites and subsequently cannot provide any warranty as to the validity, functionality, and security of these sites.
Tikun Australia may have affiliations to global partners elsewhere in the world but we are bound first and foremost to Australian legislation including the Advertising regulations enforced by the Therapeutic Goods Administration. Subsequently any information, content, imagery, research, statements, products, treatments, or graphics which have been viewed on our global partners online media sites or on alternative companies’ sites are not applicable to Tikun Australia. We cannot provide assistance in relation to foreign or domestic content which is not published on our site.
Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
4. Copyright and Trademark Notice
You agree that all content presented through our site by Tikun Australia , its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by Tikun Australia or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Tikun Australia ‘s site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by Tikun Australia, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this site, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
Tikun Australia prohibits the use of our website and/or social media channels for any other manner inclusive of commercial, research, or for malicious purposes.
Tikun Australia strictly prohibits the use of our entity or trading names, domain name, logos, global industry design, exclusive strains, or our official letterhead or those of any licensee for any purpose without expressed prior written approval from Tikun Australia. “Website users” acknowledge that they shall not use our online platforms for personal or commercial gain, allude to affiliations and/or to advertise the company, its services, or products in any way without the knowledge and consent of Tikun Australia.
5. Your use of our online media sites
Our online media sites have been developed in accordance with Australian regulatory laws. We encourage all users of our online media sites to show common curtesy to maintain a positive and supportive online environment. Your use of our online media channels must conform with generally accepted norms of behaviour in which you acknowledge and agree to abstain from any forms of behaviour which is defamatory, abusive, or violent in nature or which does not comply with socially accepted norms.
Tikun Australia values the opinions of all online users. Should you wish to communicate via our online media sites you agree to provide information, which is true, accurate, up to date and in doing so you acknowledge it is your responsibility to ensure that you have the appropriate authorisations when your communication is on behalf of someone else prior to divulging information of a general or personal nature.
You agree to not direct any of the above forms of negative behaviour towards any online users, persons, patients, healthcare providers, patient groups, entities, competitors, patient groups or to any Tikun Australia employees, representatives, directors, or officers who use, maintain, and respond to communications on all Tikun Australia media sites via online communications.
You agree to:
- follow all of your local, provincial/state, national and international laws and regulations.
- be responsible for all information, data, text, photographs, images, graphics, video, messages or other material (“Content”) that occur under your use of this site or any account or password, including any Content transmitted or broadcast through your account (for social media).
- comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
You also agree that you will not:
- host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- interfere with or disrupt this site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
- transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
- attempt to gain unauthorized access to this site site or services, others’ accounts, private web sites, or computer systems or networks connected to this site, through password mining or otherwise.
- engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
- frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
- collect information about others without their consent.
- provide false information on any registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
- transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
- copy audio content without the permission of all parties to the conversation.
- sell access to or use of any services available on this site.
- interfere with anyone’s use or enjoyment of this site.
- harm minors in any way.
6. Limitation of Liability
In no event shall Tikun Australia and/or its suppliers be liable for any indirect, punitive, special, incidental or consequential damages whatsoever, including, but not limited to, damages for loss of use, data or profits (however arising, including negligence) even if Biomedent or any of its suppliers has been advised of the possibility of damages, arising out of or in connection with
- the use or inability to use this site;
- the provision of or failure to provide services;
- the provision of or failure to provide products;
- for any information, products, services and related graphics obtained through the this site or otherwise arising out of the use of this site;
- statements or conduct of any third party on the service; or
- any other matter relating to this site.
Some laws do not allow the limitation of liability, so the foregoing limitation may not apply to you. In no event the aggregate liability to you and/or any third party arising from or relating to this agreement may not exceed the amount you actually pay to Tikun Australia under this agreement during the twelve (12) months preceding the date the claim arose or $500.00, whichever is less.
You agree to indemnify and hold Tikun Australia, licensees, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to:
- your breach of this Agreement;
- any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to Tikun Australia and/or its affiliates;
- any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
- your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Tikun Australia or your use of this Site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Tikun Australia and/or its suppliers, affiliates, partners, subsidiaries and employees.
We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
You agree to not hold Tikun Australia responsible for any adverse impacts to yourself or your personal computing devices resulting from malicious acts instigated by others. Tikun Australia will undertake reasonable and ongoing steps to protect its website from malicious acts. As a result, to protect our online platforms, you agree to not spread content, which is malicious in nature, this includes any forms of malicious behaviour or acts which interfere with the online functionality and performance of our platforms.
8. Governing Law
These Terms are governed by the laws of Queensland, Australia. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns,. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
10. Privacy & Security