Terms & Conditions

This website is owned and provided by Breath X Australia Pty Ltd, otherwise shown as FYR within this document.

COPYRIGHT AND TRADEMARK NOTIFICATION

Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment. All information contained on the Website, including information relating to medical and health conditions, products, and treatments, is for informational purposes only and may be presented in summary or aggregate form.

The information contained in this Website is not intended nor is it implied to be a substitute for professional medical advice, or any information contained on or in any pages within the site. Always seek the professional advice from other medical practitioner or qualified health provider when researching medical condition.

No warranty is made that any information on or linked to this Website is complete and/or accurate. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. We do not give or provide any warranties whatsoever in relation to any information on this Website.

Product images displayed are for representation purpose only. Actual product may differ from images shown.

ACCESS TO THE WEBSITE

The following terms and conditions govern your access to and use of this website. By using this website or accessing any part of it, you agree to be bound by these terms and conditions.

These Legal Terms of Use apply to all Australian adult users of this site, including browsers, vendors, customers, merchants, and content contributors.

We reserve the right, at our sole discretion, to update, change or replace any part of these Legal Terms of Use by posting updates and changes to this website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Legal Terms of Use constitutes acceptance of those changes.

We reserve the right to amend these terms and conditions at any time, without notice to you, to reflect our current products, pricing, and policies. You should regularly check these Legal Terms of Use before using the website to stay informed of any changes.

THE DISCLAIMER AND LIABILITY LIMITATIONS FOR PRODUCTS SOLD AND SERVICES PROVIDED

FYR makes no representations or warranties, either express or implied, regarding the services provided or information on this Website. Except as expressly stated herein and subject to Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), FYR disclaims all warranties, express or implied, regarding information or services on this Website, including merchantability and fitness for a particular purpose.

You agree that FYR’s maximum liability arising from any information or services provided on this site is limited to the value of the information or services provided. In no event shall FYR, its related entities, directors, officers, employees, and representatives, be liable for special, indirect, consequential, or punitive damages related to products sold.

DISCLAIMER FOR THE USE OF THE WEBSITE

FYR disclaims any responsibility for the accuracy, content, or availability of information on third-party websites linked to or from this Website.

Occasionally, our website may contain typographical errors, omissions, or inaccuracies relating to third-party research, product descriptions, or offers. We reserve the right to correct any errors, omissions, or inaccuracies and to change or update information at any time without prior notice (including after you have submitted an order).

We undertake no obligation to update, amend, or clarify information, except as required by law.

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface provided by us.

OUR RIGHTS

We may electronically monitor areas of the Website and may disclose any Content, records, or electronic communication (i) to comply with any law, regulation, or government request; (ii) if necessary to operate the Website, including providing it via third-party software to fulfill an order; or (iii) to protect our rights or property or the rights of users, our directors, employees, representatives, sponsors, third-party providers, or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe violates any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

TYPOGRAPHICAL ERRORS

In the event any information is inaccurate due to typographical error, we shall have the right to correct or remove the information.

APPLICABLE LAWS

As far as legally possible, these Terms shall be governed by the laws in effect in Australia. Any claim relating to the Website, the services provided through the Website, or the Content shall be governed by the internal laws of the state of New South Wales Australia, and you agree to have the matter dealt with in a court in Sydney, New South Wales Australia.

TERMINATION

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice.

You agree that any termination of your access to the Site may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

GENERAL INFORMATION

FYR may amend these Terms from time to time. Any amendment will be effective immediately. Your continued use of the Website after any amendment becomes effective constitutes your agreement to the amended Terms.

These Terms constitute the entire agreement between FYR and you and govern the use of the Website.

You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

SECURITY AND WARRANTY

By entering this site, you acknowledge that your access to the Website may be monitored and tracked by FYR. FYR does not sell, rent, or give away your information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist FYR in providing you with valued services.

In providing any personal information, you agree to us handling your personal information as described in our Privacy Policy. Any information provided by you or your browsers (including cookies) will be for the use of FYR, the operator of this Website.

Other than as set out in our privacy policy, FYR will not collect or disclose personal information about you or your browsing habits to any other third party, unless you give FYR express permission to do so, or unless required to do so by law.
FYR may disclose aggregated information about you in general and statistics related to this Website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from this Website may be monitored, intercepted or modified by other parties.

UPDATES TO PRIVACY POLICY

We may amend our Privacy Policy from time to time and at any time. We commit to post any amendments made to our Privacy Policy on our website, so that you will always be aware of our latest policy, and how it protects your personal data.

SITE AVAILABILITY

FYR does not warrant that this website will be available at any time. By using this site, you acknowledge that the website may not be available for a number of reasons, including due to matters beyond the control of FYR.
You cannot hold FYR accountable in respect to claims arising therefrom.