THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) IS MADE BETWEEN TRIVITA AUSTRALIA PTY. LTD.(“TRIVITA,” “WE” “OUR” OR “US”), AND YOU. YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ALL OF THE PAGES, PAGE HEADERS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE, CONTENT AND TEXT (HEREINAFTER, “WEBSITE”), IS GOVERNED BY THESE TERMS AND CONDITIONS. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.
TRIVITA RESERVES THE RIGHT TO UPDATE, MODIFY OR CANCEL THESE TERMS AND CONDITIONS AND THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE BE ADVISED THAT YOU WILL BE NOTIFIED OF ANY CHANGES IN ADVANCE. YOUR CONTINUED USE OF THE WEBSITE, FOLLOWING POSTING OF ANY SUCH CHANGES WILL CONSTITUTE YOUR AGREEMENT WITH THE CONTENTS THEREIN AND COMMITMENT TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS AS AMENDED; HOWEVER, IF YOU OBJECT TO SUCH CHANGES, PLEASE DISCONTINUE USING THE WEBSITE.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. TRIVITA’S PRODUCTS MAY ONLY BE PURCHASED AND SHIPPED WITHIN THE UNITED STATES, CANADA, NEW ZEALAND, AUSTRALIA, UNITED KINGDOM, BELGIUM, FRANCE, GERMANY, THE NETHERLANDS, HONG KONG, TAIWAN, SINGAPORE, THAILAND, AND MALAYSIA. IF YOU CHOOSE TO ACCESS THIS WEBSITE FROM LOCATIONS OUTSIDE OF THE UNITED STATES, CANADA AUSTRALIA, UNITED KINGDOM, BELGIUM, FRANCE, GERMANY, THE NETHERLANDS, HONG KONG, TAIWAN, SINGAPORE, THAILAND, AND MALAYSIA. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF, AND TO THE EXTENT THAT, SUCH LOCAL LAWS ARE APPLICABLE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO LIMIT THE AVAILABILITY OF THE WEBSITE TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION AT ANY TIME.
AT TRIVITA, WE STAND BEHIND THE QUALITY OF OUR PRODUCTS. IF YOU ARE NOT FULLY SATISFIED WITH YOUR PURCHASE, YOU WILL RECEIVE A FULL REFUND LESS SHIPPING WITHIN 60 DAYS OF THE ORDER DATE. PLEASE CONTACT US FOR COMPLETE DETAILS TO RECEIVE INSTRUCTIONS FOR RETURNING PRODUCTS FOR A REFUND.
IF YOU PROVIDE INFORMATION TO THIS WEBSITE, PLEASE ENSURE THAT IT IS ACCURATE, CURRENT AND COMPLETE. YOU AGREE TO MAINTAIN AND UPDATE SUCH INFORMATION AS APPROPRIATE. WE MAY DISCLOSE INFORMATION ABOUT YOU THAT WE COLLECT THROUGH THE WEBSITE OR OTHERWISE TO THIRD PARTIES, SUBJECT TO THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. PLEASE REVIEW THE TERMS OF OUR PRIVACY POLICY, WHICH ARE FULLY INCORPORATED HEREIN BY REFERENCE.
WE ARE COMMITTED TO KEEPING YOUR E-MAIL ADDRESS CONFIDENTIAL. TRIVITA DOES NOT SELL, RENT, OR SHARE OUR E-MAIL LISTS WITH UNAFFILIATED PARTIES. IN ADDITION, TRIVITA DOES NOT COLLECT, SELL OR SHARE THE EMAIL ADDRESSES OF THE PEOPLE TO WHOM YOU FORWARD EMAILS OR WEBSITES. AT ANY TIME, YOU MAY CHOOSE TO OPT OUT FROM RECEIVING E-MAILS BY CLICKING ON THE OPT-OUT LINK PROVIDED AT THE BOTTOM OF EACH E-MAIL, OR BY CALLING OUR MEMBER SERVICE DEPARTMENT.
ALL INFORMATION WILL BE STORED IN CONFIDENTIAL ACCOUNT FILES WITHIN TRIVITA’S MASTER PROGRAM CRM. SUCH FILES ARE PASSWORD PROTECTED AND ONLY ACCESSIBLE BY AUTHORIZED INDIVIDUALS. THE UTMOST CARE AND DISCRETION WILL BE USED TO PROTECT SENSITIVE, PERSONAL INFORMATION. TRIVITA’S METHOD OF SECURING PERSONAL INFORMATION HAS BEEN ANALYZED BY OUTSIDE AUDITORS AND BEEN FOUND TO BE SUFFICIENT AND ALLOWED BY COMPANY POLICY.
YOU MAY NOT LINK TO THIS WEBSITE, OR “FRAME,” OR “MIRROR” THIS WEBSITE WITHOUT OBTAINING WRITTEN PERMISSION FROM TRIVITA. YOU MAY NOT LINK TO TRIVITA’S WEBSITE FROM ANY OTHER WEBSITE, WEB PAGE, CONTENT OR ADVERTISEMENT THAT MAKES ANY CLAIMS AS TO THE CURATIVE OR HEALTH ENHANCING QUALITIES OF ANY SUBSTANCE.
IN AN ATTEMPT TO PROVIDE INCREASED VALUE TO OUR VISITORS, TRIVITA MAY CHOOSE VARIOUS THIRD PARTY WEBSITES TO LINK TO FROM TRIVITA’S WEBSITE. HOWEVER, EVEN IF THE THIRD PARTY IS AFFILIATED WITH TRIVITA, TRIVITA HAS NO CONTROL OVER THESE LINKED SITES, EACH OF WHICH MAY (OR MAY NOT) HAVE THEIR OWN POLICIES AND PRACTICES IN PLACE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIVITA HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT, ACTIONS OR POLICIES OF THIRD-PARTY WEBSITES. THE INCLUSION OF THIRD-PARTY WEBSITES ON OUR WEBSITE IN NO WAY CONSTITUTES AN ENDORSEMENT OF SUCH WEBSITE’S CONTENT, ACTIONS OR POLICIES. THESE LINKED SITES ARE FOR YOUR CONVENIENCE AND YOU ACCESS THEM AT YOUR OWN RISK.
ALL OF THE CONTENT YOU SEE ON THIS WEBSITE, INCLUDING, FOR EXAMPLE, ALL OF THE PAGES, PAGE HEADERS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE, CONTENT AND TEXT (COLLECTIVELY DEFINED AS “CONTENT”), IS SUBJECT TO TRADE MARK, SERVICE MARK, TRADE DRESS, COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS OR LICENCES HELD BY TRIVITA, ONE OF ITS AFFILIATES OR BY THIRD PARTIES WHO HAVE LICENSED THEIR MATERIALS TO TRIVITA. THE ENTIRE CONTENT OF THE WEBSITE IS REGISTERED AS A COLLECTIVE WORK UNDER U.S. COPYRIGHT LAWS, AND TRIVITA OWNS A COPYRIGHT IN THE SELECTION, COORDINATION, ARRANGEMENT AND ENHANCEMENT OF THE CONTENT. TRIVITA ALSO OWNS A COPYRIGHT OR HAS THE RIGHT TO USE ALL INDIVIDUAL ITEMS OF CONTENT.
(1) ONLY USE THESE COPIES OF THE CONTENT FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE,
(2) DO NOT COPY OR POST THE CONTENT ON ANY NETWORK COMPUTER OR BROADCAST THE CONTENT IN ANY MEDIA, AND
(3) DO NOT MODIFY OR ALTER THE CONTENT IN ANY WAY, OR DELETE OR CHANGE ANY COPYRIGHT OR TRADE MARK NOTICE.
NO RIGHT, TITLE OR INTEREST IN ANY DOWNLOADED MATERIALS IS TRANSFERRED TO YOU AS A RESULT OF ANY SUCH DOWNLOADING. TRIVITA RESERVES COMPLETE TITLE AND FULL INTELLECTUAL PROPERTY RIGHTS IN ANY CONTENT YOU DOWNLOAD FROM THIS WEBSITE.
THIS WEBSITE, INCLUDING ALL CONTENT, IS INTENDED SOLELY FOR USE BY AFFILIATE MEMBERS. COMMERCIAL ENTITIES DO NOT HAVE PERMISSION TO DOWNLOAD, VIEW, DISPLAY, COPY OR STORE ANY CONTENT. THIS WEBSITE, INCLUDING ALL CONTENT, MAY NOT BE USED, DISPLAYED, VIEWED, COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, UPLOADED, DOWNLOADED, POSTED, TRANSMITTED, MIRRORED, MODIFIED, OR OTHERWISE FOR COMMERCIAL PURPOSES OR FOR PERSONAL FINANCIAL GAIN. EXCEPT AS PERMITTED BY LAW, YOU MAY NOT REDISTRIBUTE, SELL, TRANSLATE, MODIFY, REVERSE-ENGINEER OR REVERSE-COMPILE OR DECOMPILE, DISASSEMBLE OR MAKE DERIVATIVE WORKS OF THIS WEBSITE OR ANY CONTENT OR COMPONENTS THAT ARE AVAILABLE ON THIS WEBSITE. EXCEPT AS NOTED ABOVE, YOU MAY NOT COPY, UPLOAD, DOWNLOAD, REPRODUCE, MODIFY, PUBLISH, DISTRIBUTE, TRANSMIT, TRANSFER OR CREATE DERIVATIVE WORKS FROM THE CONTENT WITHOUT FIRST OBTAINING WRITTEN PERMISSION FROM TRIVITA.
WE WELCOME YOUR COMMENTS. HOWEVER, ANY COMMENTS, FEEDBACK, NOTES, MESSAGES, IDEAS, SUGGESTIONS OR OTHER COMMUNICATIONS (COLLECTIVELY, "COMMENTS") SUBMITTED TO TRIVITA THROUGH TRIVITA.COM OR OTHERWISE, SHALL BE AND REMAIN THE EXCLUSIVE PROPERTY OF TRIVITA. YOUR SUBMISSION OF ANY SUCH COMMENTS SHALL CONSTITUTE AN ASSIGNMENT TO TRIVITA OF ALL WORLDWIDE RIGHTS, TITLE AND INTEREST IN ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE COMMENTS. TRIVITA WILL BE ENTITLED TO USE, REPRODUCE, DISCLOSE, PUBLISH AND DISTRIBUTE ANY MATERIAL YOU SUBMIT FOR ANY PURPOSE WHATSOEVER, WITHOUT RESTRICTION AND WITHOUT COMPENSATING YOU IN ANY WAY. FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO US, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
YOU AGREE THAT YOU WILL NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY PARTIES, INCLUDING PRIVACY, PUBLICITY AND INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, SUCH AS COPYRIGHT AND TRADE MARK RIGHTS. BEFORE SUBMITTING ANY MATERIALS TO TRIVITA, PLEASE ENSURE THAT YOU HAVE OBTAINED COPYRIGHT AND OTHER PERMISSION TO POST SUCH MATERIALS AND TO PERMIT TRIVITA TO USE SUCH MATERIAL WITHOUT RESTRICTION.
THE TESTIMONIALS ON THE TRIVITA WEBSITE REFLECT THE ACTUAL EXPERIENCE OF EACH INDIVIDUAL, ARE ANECDOTAL ONLY, AND MAY BE ATYPICAL.
THROUGH USE OF THIS WEBSITE, YOU EXPRESSLY AGREE TO THE FOLLOWING (AS PERMITTED BY LAW):
THE WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND TRIVITA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION TO WARRANTIES OF TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY NOTED IN THE SECTION OF ENTITLED CUSTOMER SATISFACTION GUARANTEE.
TRIVITA DOES NOT MAKE ANY WARRANTY THAT (I) THE WEBSITE WILL MEET INDIVIDUAL EXPECTATIONS OR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
USE OF THIS WEBSITE SHALL BE AT THE SOLE RISK OF THE USER AND TRIVITA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE, INCLUDING LOSS OF DATA.
ALTHOUGH TRIVITA HAS TAKEN REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM SUCH SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THEREFORE, TRIVITA SHALL NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
ADVICE, OPINIONS AND STATEMENTS EXPRESSED SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.
TO THE MAXIMUM EXTENT PERMITED BY LAW, YOU AGREE THAT TRIVITA, ITS EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, SHALL NOT BE HELD LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THIS WEBSITE, YOUR USE OR INABILITY TO USE THIS WEBSITE, YOUR PURCHASE OR USE OF ANY GOODS, SERVICES OR INFORMATION FROM THIS WEBSITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR THE ACTS OF ANY THIRD PARTY RELATED TO THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TO THE EXTENT TO WHICH TRIVITA IS ENTITLED TO DO SO, TRIVITA LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TRIVITA, IT EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO:
AN INDIVIDUAL’S ACTS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE;
AN INDIVIDUAL’S USE OF THE WEBSITE, INCLUDING PURCHASE(S) OF ANY GOODS OR SERVICES USING THIS FACILITATED BY USE OF THE WEBSITE, OR ANY CLAIMS IN CONNECTION WITH A PERSONAL ACCOUNT;
AN INDIVIDUAL’S BREACH OF ANY PROVISION OF THIS AGREEMENT;
ANY ALLEGATION THAT ANY MATERIALS SUBMITTED BY AN INDIVIDUAL INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; AND
AN INDIVIDUAL’S VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, MISAPPROPRIATION OR TRESPASS.
