Terms and Conditions
Please read these
Terms and Conditions of Use carefully before using this site.
Thank you for
visiting or dowser.com.au (the "Web Site"), which is owned and operated
The Web Site is designed to help you learn more about how dowsing and
homeopathy changes may aide in the treatment of health challanges. We offer the Web Site to
you, the user, conditioned upon your acceptance of all of the terms,
conditions, policies and notices stated on the Web Site.
Please read this
document carefully before using this Web Site. By using this Web Site,
you signify your assent to these Terms and Conditions and any subsequent
modifications. These Terms and Conditions constitute a binding agreement
with you and if you do not accept all of these Terms and Conditions,
please exit the Web Site immediately.
may revise these Terms and Conditions from time to time by updating this
posting, with the new terms taking effect on the date of posting. You
should review these Terms and Conditions every time you use this Web
Site because they are binding on you.
General Information Only; No Medical Advice
The information provided by dowser.com.au, including information
regarding opinions, health matters, supplementation and lifestyle changes, is provided for
informational purposes only. While it is our policy to provide
information that is accurate and prepared by reliable sources, we and
any other party involved in the preparation of material presented on
this Web Site do not represent or warrant that the information is in
every respect accurate or complete. You are encouraged to confirm the
information contained on this Web Site with other sources, especially
your physician or other healthcare provider.
PROVIDED ON THIS WEB SITE IS GENERAL IN NATURE AND IS PROVIDED FOR
INFORMATIONAL PURPOSES ONLY. THE CONTENT PROVIDED ON THE WEB SITE SHOULD
NOT BE TREATED AS MEDICAL OR HEALTH CARE ADVICE. NOTHING CONTAINED ON
THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT
OR AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTH CARE
PROFESSIONAL. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT
BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE.
We're committed to protecting your privacy
committed to protecting your privacy. You agree to be bound by and
of the dowser.com.au that are posted on the Web Site or provided to
you either electronically or otherwise in writing.
warrants the Web Site to perform substantially as described on the Web
Site; provided, however, that dowser.com.au does not warrant that the
Web Site will operate in an uninterrupted or error-free manner.
nor its employees, agents, third-party information
providers, merchants, licensors or the like warrant that the Web Site or
its operation will be accurate, reliable, uninterrupted or error-free.
While dowser.com.au has implemented measures to protect the privacy
are secure and private. If your use of the Web Site results in the need
for servicing or replacing property, material, equipment or data, dowser.com.au
is not responsible for those costs. No agent or
representative has the authority to create any warranty regarding the
Web Site on behalf of dowser.com.au. dowser.com.au reserves the
right to change or discontinue at any time any aspect or feature of the
does not assume any liability for the contents of any material provided
on the Web Site. Reliance on any information presented on the Web Site
is at your own risk. dowser.com.au reserves the right to change or
discontinue any aspect or feature of the Web Site at any time.
that, in connection with the Web Site, information will be transmitted
over local exchange, interexchange and Internet backbone carrier lines
and through routers, switches and other devices owned, maintained and
serviced by third-party local exchange and long distance carriers,
utilities, Internet service providers and others, all of which are
beyond the control and jurisdiction of dowser.com.au. Accordingly, dowser.com.au
assumes no liability for or relating to the delay,
failure, interruption, interception or corruption of any data or other
information transmitted in connection with use of dowser.com.au.
THE FOREGOING, EVERYTHING ON dowser.com.au
IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, COVERING THE ACCURACY OF THE
INFORMATION CONTAINED WITHIN THE WEB SITE. dowser.com.au
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR
TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS,
OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE, ITS SERVICES OR
PRODUCTS OR SERVICES.
IN NO EVENT SHALL dowser.com.au
OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY COSTS,
DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH
PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE dowser.com.au.
OR THE CONTENT OF THE WEB SITE OR SECURITY OR PRIVACY BREACHES RELATED
TO THE OPERATIONS OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT dowser.com.au
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED
AUD. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO
NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES
UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE
EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.
You agree to
defend, indemnify and hold dowser.com.au, its officers, directors,
employees and agents, licensors and suppliers harmless from and against
any claims, actions or demands, liabilities and settlements, including,
without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your use of the Web Site in a manner
that violates or is alleged to violate these Terms and Conditions. dowser.com.au
shall provide you with prompt notice of any such claim,
suit or proceeding and shall reasonably cooperate with you, at your
expense, in your defense of any such claim, suit or proceeding.
The Web Site may
link to other sites operated by third parties. The inclusion of any link
to such sites does not imply endorsement by dowser.com.au of the
sites, but is for your reference and convenience only. dowser.com.au has not reviewed all of the sites linked to or from
is not responsible for the content or accuracy of any off-site pages or
any other sites linked to or from the Web Site, nor does dowser.com.au recommend or endorse any specific tests, products or
procedures that may be mentioned on or represented on dowser.com.au.
Linking to any other off-site pages or other sites is at your own risk
and subject to the Terms and Conditions of Use of any hyper-linked site.
prohibited under these Terms and Conditions, you are hereby licensed to
create hyperlinks to the content on the Web Site, provided that the
hyperlink (1) does not damage or dilute the goodwill associated with dowser.com.au
names and trademarks, (2) does not create the false
appearance that your organization or entity is sponsored by, affiliated
with, or associated with dowser.com.au, and (3) accurately describes
the content as it appears on the Web Site.
reserves the right to revoke this license generally, or your right to
use specific links, at any time, and may break any hyperlink at its
discretion. Under no circumstances may you "frame" the Web Site or any
of its content or copy portions of the Web Site to a server, except as
part of an Internet service providers incidental caching of pages. Each
page within the Web Site must be displayed in full (including all
trademarks, branding, advertising and promotional materials), without
any accompanying frame, border, margin, design, branding, trademark,
advertising or promotional materials not originally displayed on the
page within the Web Site.
retains full copyright ownership, rights and protection in all material
contained on dowser.com.au (including all software, HTML code and
other code). Except as otherwise expressly provided in these Terms and
Conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works of,
transfer, or sell any material contained on the Web Site without the
specific prior written consent of the copyright owner.
You may, however,
make single printed copies of materials displayed on the Web Site for
your own personal and noncommercial use only, provided any copies
include the copyright and other notices displayed with the materials on
the Web Site.
None of the
material contained on the dowser.com.au site may be
reverse-engineered, disassembled, decompiled, transcribed, stored in a
retrieval system, translated into any language or computer language,
retransmitted in any form or by any means (electronic, optical,
mechanical, photoreproduction, recordation or otherwise), resold or
redistributed without the specific prior written consent of dowser.com.au.
All content of dowser.com.au
is Copyright 2003 dowser.com.au, All rights
is a trademark of dowser.com.au and is protected by state and federal
laws. Other trademarks may appear on this Web Site with permission from
their respective owners. Your unauthorized use of trademarks appearing
on this Web Site may constitute a violation of law, which could subject
you to substantial civil penalties.
You agree that dowser.com.au
may terminate your use of the Web Site if dowser.com.au, in its sole reasonable discretion, reasonably believes
that you have violated or acted inconsistently with the letter or spirit
of these Terms and Conditions, or violated the rights of dowser.com.au or any third party, or for any reason with or without
notice to you. You agree that dowser.com.au may modify or discontinue
the Web Site, with or without notice to you. You agree that dowser.com.au
will not be liable to you or any third party as a
result of such modification or discontinuation.
entitled "Limited Express Warranty," "Disclaimer of Warranties,"
"Limitation of Liability," "Indemnification" and "General Provisions"
will survive termination of this agreement.
The Web Site is
operated by dowser.com.au, from its offices in Queensland, Australia. You expressly agree that exclusive jurisdiction for
any dispute with dowser.com.au, or in any way relating to your use of dowser.com.au
("Legal Action"), resides in the courts of the City of
Brisbane, State of Queensland. You further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of
Queensland in connection with any such dispute. Any Legal Action that is
subject to the jurisdiction of federal courts shall be instituted in a
federal court in the ________ State of Queensland. These Terms and
Conditions are governed by the internal substantive laws of the State of
Queensland, without regard to conflict of law principles. If any provision
of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall,
to the maximum practicable extent, not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of these Terms and Conditions shall
be deemed a further or continuing waiver of such term or condition or
any other term or condition unless it expressly so states. Any cause of
action you may have with respect to dowser.com.au must be commenced
within one year after the claim or cause of action arises or such claim
or cause of action is barred.
may deliver notice to you under these Terms and Conditions by means of
electronic mail, a general notice on dowser.com.au, or by written
communication delivered by Australian Registered Post to your address on
record in dowser.com.au account information. You may give notice to dowser.com.au
at any time via electronic mail to email@example.com