We work closely with SHOP MA, Inc., SHOP.COM Marketplace, Inc., ma Cares, nNutraMetrix Educational Institute, Market America Worldwide, Inc. and each of their various subsidiaries and affiliated companies (collectively the "Affiliates"). For this reason, throughout these Terms, Market Australia Corporate Pty. Ltd. is referred to as "Market Australia," "MA," "Company," "we," "us," and "our".
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN MA AND YOU.
- Binding Effect / Users.
- Other Policies / Terms.
All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms.
- Modification of Terms.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THE SITE, THE MOBILE APPS AND THE TERMS WITHOUT NOTICE TO YOU. It is your responsibility to review these Terms for updates or changes. Your continued Use of the Site or Mobile App after MA posts a change to these Terms signifies your acceptance of such change.
Use of the Site is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit to the Site and all other MA sites is true, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your Use of the Site does not violate any law, rule or regulation.
MA reserves the right, in its sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site or the Mobile App at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. MA expressly reserves the right to terminate your Registration and/or deny, restrict, suspend, or terminate your Use of all or any part of the Site and the Mobile App if MA determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to the Site, the Mobile App and/or its Users. After Registration and/or access is terminated, these Terms will terminate, but the following provisions will still apply: Sections 1, 2, 5, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 9, 10, 17.7, 18, 19, 20, 21, 22 and 23.
You will create a username and password during registration. If you previously registered with another MA site, you may log in to the Site and Mobile App using the same username and password. You are responsible for maintaining the confidentiality and security of your password and you agree not to disclose your password to any third party. You agree not to use the account, username, or password of any other User. You agree to notify MA immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.
- Proprietary Rights to Site Content.
- Rights to Site Content. All content available on the Site and Mobile Apps, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of MA or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without MA's prior written permission.
- License to Site Content. Current Registered Users are granted a limited, revocable license to Use the Site Content and to download or print a copy of any portion of the Site Content to which they have properly gained access solely for their personal, non-commercial use, provided that they keep all copyright or other proprietary notices intact (the "License"). You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. The License is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site, the Mobile Apps or the Site Content other than as specifically authorised herein is strictly prohibited and will terminate the License. Unauthorised Use may violate applicable laws including copyright and trademark laws and communications regulations. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- Right to Use Registered User Information. You authorise us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalised features, to complete surveys, studies or data analysis conducted by MA or any of its partners or for other promotional or marketing purposes.
- Copyright/Patent. All Site and Mobile App design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, MA Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by MA or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, "look and feel" and color schemes of all content on the Site are the exclusive property of MA and protected by U.S. and international copyright laws.
- Trademarks. "MarketAustralia," "Isotonix®," the Market Australia logo, "Isotonix.com™," "Built on Product, Powered by People®," all MA product and service names and logos, "UnFranchise®," and all other MA graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by MA are service marks, trade names, trademarks and/or trade dress of MA or (collectively "MA's Marks"). You may not use MA's Marks for any reason or purpose whatsoever. All trademarks not owned by MA that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MA.
- User Posts, Comments, and Other Content. You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. MA does not control the Postings posted, emailed or otherwise transmitted on this website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although MA has adopted standards and conduct guidelines for the users of this website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website. You agree not to use this website (including any Chat Rooms or Comments Sections) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of MA, its affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with MA, its affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Websites;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this website are able to type, or otherwise act in a manner that negatively affects other users' ability to use any portions of this website;
- Interfere with or disrupt the Websites or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user or employee of the Websites; or
- Collect or store personal data or attempt to collect or store personal data about other users of this website.
Your privilege to use this website (including any Chat Rooms or Comments Sections) and contribute to discussions in any Chat Rooms or Comments Sections depends on your compliance with the standards and conduct guidelines set forth above. MA may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to its attention. Further, if you fail to adhere to MA’s standards and conduct guidelines, MA may terminate, in its sole discretion, your use of this website.
All Postings are public and not private communications. MA reserves the right to monitor some, all, or no areas of Web Sites for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in any Chat Rooms or Comments Sections, MA is acting as a passive conduit for such distribution and MA is not undertaking any obligation or liability relating to any Postings or Comments. Although MA reserves the right to remove, without notice, any Posting for any reason, MA has no obligation to delete Postings that you may find objectionable or offensive.
- Release. You understand and agree that Postings can be reproduced, disseminated and used by MA and its related companies affiliates and subsidiaries worldwide. You understand that your name, testimonial, image(s), and other likeness may be distributed by means of various media, including, but not limited to, promotional or news materials, internet or intranet websites, blogs, social media sites and/or e-mail, or used in any event held by MA, without any further authoriszation or notice to you. You release and hold MA and its affiliates, officers, directors, employees, representatives, successors and assigns harmless from any and all liability for damages of whatever kind or nature which may at any time result from the use or dissemination of your Postings. You understand that you will not receive any compensation for your Posting and forever waive any and all rights, compensation, royalties, or other payment in connection with the use of the Postings.
- Protecting Copyrights and Other Intellectual Property.
MA respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MA's copyright agent the written information specified below. This procedure is exclusively for notifying MA that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
MA's Agent for Notice for copyright infringement can be reached as follows:
By Mail: Public Officer
Unit 4/5 Dunn Road
Smeaton Grange, NSW 2567
Email: [email protected]
Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, from time to time, there may be inaccurate pricing information on the Site. We 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). If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When you purchase an item from the Site, you must provide a valid credit or debit card number. You represent and warrant that you are an authorised user of the credit or debit card. You are responsible for payment of all applicable federal, state/province, local and city taxes and for all shipping and handling charges. (Which will be included on your order invoice).
- MA Return Policy.
MA's return policy can be found at: https://au.isotonix.com/policies/return-policy
- MA Shipping Policy.
MA's shipping policy can be found at: https://au.isotonix.com/policies/shipping-policy
- Risk of Loss.
The risk of loss and title for all items purchased from the Site or Mobile App pass to you upon delivery of the items to the shipper.
- Product / Service Descriptions.
We make every attempt to provide you with accurate information, but we do not guarantee that product and service descriptions, colours or other contents of the Site are accurate, complete, reliable, current, or error-free. We 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). If a product offered on the Site is not as described, you may return it to MA in accordance with our Return Policy.
- MA Cashback.
- MA Preferred Customers are automatically enrolled in the MA Cashback program. This program allows you to get 2% cash back for your qualifying purchases. Cashback is calculated on the total amount of the qualifying purchase, excluding any and all fees, taxes, shipping costs, and after application of any coupons or codes. The cash you earn can be used to pay for products available through the Site. Additionally, you may request redemptions from your Cashback account, subject to then-current minimum redemption requirements.
- Preferred Customers will be credited, subject to these Terms, a percentage of the Net Purchases of qualifying MA-branded products that display the MA Cashback logo. "Net purchase" is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. MA reserves the right, in its sole discretion, to determine which products will display the MA Cashback logo.
- Cashback rewards for qualifying MA-branded products will post to your Cashback account immediately. After this point, if the purchase is eligible, it will be marked as "available" in your Cashback account and the associated Cashback rewards will be eligible for redemption. It is your responsibility to ensure that we properly post Cashback rewards to your Cashback account.
- MA may apply adjustments for erroneously credited Cashback at any time. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the MA Cashback program.
- You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later canceled or the goods or services are later returned; or (d) you conduct "sham" transactions; (e) you make any misrepresentation in connection with your participation in MA Cashback; (f) you maintain multiple Cashback accounts; or (g) you do not otherwise comply with these Terms.
- Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of Cashback rewards, depending on the amount of Cashback rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of Cashback rewards.
- We may close your Cashback account if we terminate your Registration and/or deny, restrict, suspend, or termination your Use of all or any part of the Site, if you terminate your Registration, or if your Cashback account has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed Cashback rewards in Cashback accounts that are closed will be returned to MA. Qualifying purchases made by friends you referred to the Cashback program do not constitute qualifying purchases for the purpose of keeping your Cashback account active. We will not provide further notice before charging the inactivity fee.
- MA reserves the right to terminate the MA Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to MA during the Preferred Customer registration process.
- Privacy and Terms of Service.
- Users. MA is not responsible or liable, and makes no warranties, express or implied, for the conduct of any User of the Site.
- Third-Party Websites. The Site may contain links to third-party Web sites. MA is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third-party Web sites. Links to third-party sites do not imply MA's approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third-party Web sites, you do so at your own risk.
- Third-Party Advertisements / Applications. MA is not responsible or liable for third-party advertisements or applications posted on or through the Site, or goods or services provided by its advertisers.
- Site Availability. The Site, or any portion thereof, may be unavailable from time to time for maintenance or other reasons. MA assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication. MA is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the internet or on the Site or combination thereof, including any injury or damage to User's or to any other person's computer, mobile phone, smart phone, tablet, or other equipment related to or resulting from Use of the Site. Under no circumstances shall MA be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting FROM ANYONE'S USE OF THE SITE, OR FROM THE CONDUCT OF ANY USER(S) OF THE SITE.
- DISCLAIMER OF WARRANTIES. THE SITE, MOBILE APP AND SITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR MOBILE APP. MA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE OR SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, MOBILE APP, SITE CONTENT, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR MOBILE APP, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH LOSS OF DATA AND ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT MA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE OR MOBILE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- Limitation on Liability.
IN NO EVENT SHALL MA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SITE CONTENT EVEN IF MA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO MA FOR USE OF THE SITE ONLY, IF ANY, DURING THE TIME YOU ARE A REGISTERED USER OF THE SITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO MA FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MA, REGARDLESS OF THE CAUSE OF ACTION.
These Terms shall be governed by, and construed in accordance with, the laws of the New South Wales, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Site or the Site Content, shall be instituted and litigated in a court of competent jurisdiction in Sidney, NSW. You and MA hereby agree to submit to the exclusive personal jurisdiction of the courts located in Sidney, NSW, to resolve any dispute arising out of these Terms, the Site or the Site Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD- PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
- Prohibition of Class and Representative Actions and Non-individualized Relief.
YOU AND MA AGREE THAT EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MA AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SITE.
You agree to indemnify and hold harmless MA and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the Use of your isotonix.com account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered User Information provided by you or any person through your account.
These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and MA regarding the Use of the Site. The failure of MA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] with any questions about these Terms.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.