Terms of Use

TERMS OF USE

Access to and use of the Amway BODYKEY® Web Site and the products and services available through this Web Site are subject to the following Terms of Use. The words 'we', 'us' and 'Amway' mean Amway of Australia (ABN 49 004 807 756) of 7-9 Irvine Place, Bella Vista, NSW 2153 and the words 'you' and 'your' refer to users of this Web Site who may be Amway Independent Business Owners or Clients.

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

You should read and familiarise yourself with these Terms of Use before you use this Amway Web Site. By using this Web Site, you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them. You also agree that any information that you provide to us will be true, accurate, current and complete and that you will maintain and properly update your personal profile as required by Amway.

You should always check this page prior to using the site to make sure that you have a current understanding of the Terms of Use. If you do not agree with these Terms, you must discontinue your use of this site.

If you are an Amway Independent Business Owner (IBO), you are subject to the IBO Rules of Conduct. You should read and familiarise yourself with these Rules.

GOVERNING LAW

This agreement is governed by the law in force in the State of New South Wales, Australia.

INTENDED USE

The material on this site is published by us and is intended for use in Australia. The site is not intended for use outside Australia. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this Web Site from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your jurisdiction.

This site is a business and commercial site, it is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site. Members who seek to use this site must be 18 years and older.

DISCLAIMER AND LIMITATION OF LIABILITY

The information, materials and services contained on this site are provided to you "as is," and "as available". By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. You acknowledge that the BODYKEY® Weight Management Program, and the information provided on this Web Site, is only intended to assist with personal weight loss efforts. You should always consult with your physician for a complete medical evaluation to ensure that it is safe for you to use the program as promoting on this Web Site, including exercise, diet plans and weight management.

All tips and hints, suggestions and references to 'remedies' should not be relied upon without reservations. All information and content provided on this Web Site are for informational purposes only and is not intended to be a substitute for professional advice, diagnoses or treatment. You should not act on the basis of anything contained on this Web Site without first obtaining specific professional advice.

Amway do not promise, guarantee or imply that your use of the information, products and services will reduce your weight or improve your fitness levels. We do not warrant or guarantee the accuracy, adequacy or completeness of this information and materials and expressly disclaim liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
(1) use of this site, or the inability to use this site by any party; or
(2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
(3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

INTELLECTUAL PROPERTY

Copyright in Material on this Site
Unless otherwise indicated, all Web Site design, text and graphics is © Copyright 2015 Amway of Australia. All rights reserved. None of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by us or by applicable copyright laws.

To the extent necessary in order to lawfully access and use the services available on this Web Site, you are granted permission to display, download, save and to print portions of this web site for non-commercial use only provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials. Amway Independent Business Owners (IBOs) may download, reproduce and distribute materials for the purposes of their IBOs provided that each item is reproduced in its entirety and contains the following notice: "Reproduced with the permission of Amway of Australia, ABN 49 004 807 756".

TRADEMARKS

All trade names, brand names, trade symbols, logos, slogans, trademarks or services marks followed with an asterisk are trademarks or proprietary interests of Amway Corporation, Ada, Michigan, USA. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names and company names indicated on the Amway Web Site that are the property of their respective owners.

LINKS

This BodyKey Web Site may contain a number of links to other Internet Sites including, without limitation, Merchant Partner Sites, Support Systems or other affiliated sites, and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through those Web Sites. By utilising the links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of, or reliance on, linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

DISPUTE RESOLUTION

Any Client dispute arising in connection with these Terms of Use or in connection with your use of the BODYKEY® Web Site which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration by agreement between us. Any IBO dispute shall be dealt with in accordance with the IBO Rules of Conduct.

GUARANTEE AND WARRANTIES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under Amway’s 90 Day 100% Satisfaction Guarantee are in addition to other rights and remedies under law.

Guarantees and warranties do not apply where products have been damaged or misused after receipt.

100% 90 DAY SATISFACTION GUARANTEE

Any time you purchase an Amway product through this Web Site, you have the right to use it for a reasonable time (90 days) to determine whether it is satisfactory and whether you want to keep it. If you decide that it is not satisfactory, you may return your purchase, or the unused portion, to us. You will be offered a choice of replacement without charge, full credit towards the purchase of another product or a refund of your full purchase price.

Exclusions:
This guarantee does not apply to: goods or serviced purchased from Partner Stores or through other linked sites; Vendor Direct products; products that have been damaged or misused after receipt; post earrings that have been removed from their packaging; products that have been made and delivered to customer order; or to any Services.

ADDITIONAL WARRANTIES

In addition to our 90 Day Satisfaction Guarantee, some products may also be covered by additional specific written warranties.

The InBody BAND comes with a one year warranty (from date of purchase) against manufacturing defects.

PRODUCT AVAILABILITY

We sometimes experience greater demand for an item than expected or an unforseen delay in the shipment of goods. In the event of a delay you will be advised at the time of order placement.

PAYMENT

All prices referred to on this Web Site are in Australian Dollar and include Goods and Services Tax (GST) where applicable. Payment may be made by credit card; we accept Visa or MasterCard. In this regard, you are responsible for providing a valid credit card number with available credit at the time of purchase. You represent and warrant that you have authority to use any such credit card.

If you do not have, nor wish to use, a credit card, you should speak with your referring IBO who may register and place orders on your behalf and accept cash or a cheque.

INSTALMENT ORDERS

IBOs may arrange for payment by Direct Debit. Payment for the registration kit cannot be made via direct debit.

You are responsible for payment of all applicable state and federal taxes. You are responsible for payment of delivery costs. These additional charges will be included on your order invoice.

WEB SECURITY

We understand that when shopping on the Internet, security is of paramount importance to you. We guarantee that all reasonable precautions to protect your online transactions have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.

When you place orders on this Web Site, your transactions are encrypted using Transport Layer Security (TLS) encryption technology, the industry standard in e-commerce transaction security. Encryption scrambles the information that is transmitted over the Internet between your browser and the Amway servers so that sensitive information, including but not limited to your credit card number, name and address, cannot be viewed by anyone else.

You can also be assured that your details are not stored on computers directly connected to the Internet and that personal information such as Credit Card numbers which you may choose to store, are stored in our back-end Oracle system and not anywhere on the Amway web site. Details, such as your password, which must be stored within the amway.com.au system are encrypted using standard industry methods.

When you enter the secure areas of the Amway web site you will see a padlock symbol in the right hand corner of your screen. This indicates that the screen is in secure mode and any details you provide on this screen will be encrypted for your security.

WE USE COOKIES TO MAKE YOUR SHOPPING EASIER

‘Cookies’ are unique identifiers that we transfer to your device to enable our systems to recognise your computer and to provide features such as single click purchasing, personalised advertisements, and storage of items in your Shopping Cart between visits.

The ‘Help’ feature on your browser should let you know how to stop your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to completely disable cookies. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of the Amway website's essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any of Amway website's products and services that require you to Sign in.