Terms of Use

Bio Balance Health Ltd is a not for profit registered charity dedicated to promoting effective techniques of biomedical treatment for mental and behavioural disorders.

These terms of use cover our website www.biobalance.org.au as well as any related training programs, educational material, informational lectures, social media platforms and members areas that we make available at any time (collectively called ‘website’ in these terms of use).

By using our website or purchasing our products or training, you are agreeing to be automatically bound by these terms of use and our privacy policy and disclaimer. We encourage you to carefully read and understand these documents before using our website or purchasing our products. If you do not agree, please stop using our website and products

We may update our terms from time to time and the new provisions will apply from the date they are updated.

Feedback, comments or complaints

If you have any questions, please contact info@biobalance.org.au and we will usually respond to all enquiries within two business days.

No unlawful or prohibited use

As a condition of your use of our website, you warrant that you will not use our website for any purpose that is unlawful or prohibited by these terms of use. You may not use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of our website. You agree not to hack into areas of our website that are not intentionally made available to you.

You expressly agree not to:

  • use our website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business or practice, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms of use
  • decompile, reverse engineer, or try to copy or imitate our website or underlying content 

Links disclaimer

Our website may contain links to other websites (linked sites). The linked sites are not under our control, and we are not responsible for the contents of a linked site, or any form of transmission received from any linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the linked site, or any association with its operators.

Promoted Services – disclaimer

If we promote third party products or services via our website it may be because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Website disclaimer

Please refer to our website disclaimerfor limitations to our provision of services and use of our educational material.

Participation in training

As part of our purpose, we provide information and educational training for qualified medical professionals. When you participate in our training, engage with other participants or presenters (virtually or in-person) or use our educational material, you agree:

  • you will participate in a manner that is courteous, respectful and professional
  • you will ensure you keep patient information confidential. This applies to your own patients as well as any case-study patients presented
  • you will not share your access to our online training with others, your username and password must be kept secure, and you are responsible for their use
  • if you are an allied health professional, you will apply the educational content in conjunction with a suitably qualified medical practitioner
  • we are not responsible for any application you make of the educational material we provide

Scope and competency

Where a course or training we provide comes with a certificate of completion, this is not a warranty from us that you are competent to apply the material in practice. It remains your professional responsibility to determine your own scope of practice and to decide if you have the competency, educational requirements and experience to apply information we supply in your treatment of patients.

Copyright, Trademarks and other Intellectual Property

Bio Balance Health Ltd owns the intellectual property rights in the contents of our website or has permission to use or display the material on our website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact info@biobalance.org.au if you require permission to reproduce any of the contents of our website.

Images and item descriptions posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission: Where made available for your to do so, you may access, download, or print material from our website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort nor distribute the material as your own. This means you cannot resell our services or copyright material without our express written permission.  You agree not to change or delete any copyright or proprietary notice from materials downloaded from our website or any site accessible through our website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that no part of your content infringes any third party privacy, confidentiality of intellectual property rights, including copyright and trademark rights.

By submitting your content to our website, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for our business purposes including providing services to you, now or in the future. You indemnify us against any claims made for breach of privacy, confidentiality or intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms of use. We are not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please contact info@biobalance.org.au  with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon our internal operations as well as third party services. As a result, the website may be inaccessible from time to time.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our website in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website or the services found on our website.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any content you post via our website,
  • your unauthorised use of our website, or products or services included or advertised on our website,
  • your breach of these terms of use.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of our website.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to info@biobalance.org.au . We may provide notice to you via email or other electronic means.

Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our website is unauthorized, it is your responsibility to stop using our website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our website.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website, or with regard to information provided to or gathered by us with respect to your use.

 

Validity

If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms of use will continue in effect.

 

These terms of use together with our privacy policy, disclaimer, website legal notices and any other written agreement entered into with you, form the entire agreement between you and us in respect of your use of our website.