(Last Reviewed: July 2023)

Welcome to the website of Quantum Bodies Pty Ltd (ACN 659 291 862) (Quantum) which can be found at: https://quantumbod.com and includes all the files located in that domain (Site).

Agreement to these Terms

By accessing the Site, you agree to be bound by these terms of use (Terms). These Terms constitute a binding agreement between you and Quantum and govern your use of the Site.

Privacy Policy and Sales Terms and Conditions

Your use of the Site is also subject to our Privacy Policy, as well as our Sales Terms and Conditions, both of which are available on the Site and incorporated by reference into these Terms.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders with us either directly or through this Site. By using this Site you represent and warrant to Quantum that you are over the age of 18 years. If Quantum suffers any damage or other losses because of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct

You must not:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
• use this Site by any automated means;
• use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this Site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
• reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with this Site;
• do anything that leads, or may lead, to a decrease in the value of Quantum’s intellectual property rights in this Site;
• use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Quantum without Quantum’s prior written consent; or
• use this Site to transmit any information or material that is, or may reasonably be considered to be:

– abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

– libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

– infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

– in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

– in breach of any person’s privacy or publicity rights;

– a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

– in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

– containing any political campaigning material, advertisements or solicitations; or

– likely to bring Quantum or any of its staff into disrepute.

Violations of these Terms

Without limiting any other remedies available to Quantum at law or in equity, Quantum reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products to you if:

– you breach any provision of these Terms;

–  Quantum is unable to verify or authenticate any information that you provide to us; or

– Quantum believes that your actions may cause damage and/or legal liability to Quantum, any of its customers or suppliers or any other person; and

• remove or block access to any information and/or materials (in whole or in part) that Quantum, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms.

Indemnity

You indemnify and hold harmless Quantum and its officers, employees, agents, consultants, contractors, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this Site;
• your use of, or connection to, this Site; or
• your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

Registration and account security

Requirement for registration

Quantum reserves the right to make any parts of this Site accessible only to users who have registered.

Username and password

Upon registration with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. Quantum will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Quantum may assume that any person using this Site with your username and password is you or your authorised representative.

You must notify Quantum immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

To register an account with this Site, you must agree to these Terms of Use and provide Quantum with:

• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that may be required by Quantum during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Quantum that all information provided by you, including through your account registration or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this Site. Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

Quantum reserves the right to accept or reject any application for registration of an account with this Site at its discretion.

Intellectual property

Copyright

In these Terms, the term Proprietary Content means:

• this Site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by Quantum in connection with the products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Quantum or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Quantum or other copyright owner (as applicable).

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

Quantum’s logo is a trademark of Quantum. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Quantum. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Quantum.

User Content

In these Terms, the term User Content means any content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This Site contains some features that enable you and other users to upload User Content. Quantum reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warrant to Quantum that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to Quantum a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Quantum’s absolute discretion.

Copyright claims

If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

To the maximum extent permitted by law, Quantum and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Site.

This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Quantum and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and without limitation do not represent, warrant or guarantee that:

• the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this Site will meet your requirements or expectations;
• anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
• the quality of any information or other material obtained through this Site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this Site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Quantum and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.

Release

You agree that your use of this Site is at your own discretion and risk. You agree to release Quantum and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. Quantum may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms, Quantum excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Quantum, and Quantum shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Terms, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
• these Terms may not be construed adversely against Quantum solely because Quantum prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

Quantum may provide any notification for the purposes of these Terms by email and/or by adding the notification into your user account, if applicable.

Costs

Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Quantum’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

Quantum may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Quantum to act with respect to a breach by you or others does not waive Quantum’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Quantum reserves the right to amend these Terms and any other terms or policies on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. In some cases, Quantum may notify you by adding an appropriate pop-up notification to the Site. You will also be able to determine if the Terms have been updated by checking the date on which they were last reviewed (set out on the front page).

Your continued use of the Site and/or any engagement with Quantum after that date, will mean you accept those updates.

Quantum reserves the right, without notice and in its sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.

You may only vary or amend these Terms by written agreement with Quantum.

Governing law and jurisdiction

These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.