Terms and Conditions
Last Updated: December 13, 2016
Terms May Change
These Terms are subject to change over time in Hydracoach’s sole discretion. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our Site at www.hydracoachaustralia.com.au/terms and update the Last Updated date at the top of these Terms. Any changes to these Terms will be effective immediately for new users of the Product and will be effective thirty (30) calendar for existing users. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Ownership and License
“Hydracoach Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Hydracoach Product to you. The Site, the Hydracoach Content, and its underlying technology are subject to protection under trademark, patent, intellectual property, and other laws throughout the world. Excluding any User Content (defined below) that you may provide, you acknowledge and agree that the foregoing are and will remain the sole property of Hydracoach and its affiliates, suppliers and licensors and all the intellectual property rights in the foregoing are owned by Hydracoach and its affiliates, suppliers and licensors. Hydracoach’s name, logo, and the product names associated with the Product belong to Hydracoach or its affiliates, suppliers or licensors, and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms nor your use of or access to the Service transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. Hydracoach and its affiliates, suppliers and licensors and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You agree not to remove, change or obscure any trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hydracoach Product.
Subject to these Terms, Hydracoach grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, solely for your personal, noncommercial use to (1) access, view and reproduce certain portion the Hydracoach Content, and (2) access and use the documentation made available via the Hydracoach Product.
“User Content” means any and all information and content that a user submits to, or uses with, the Product, including the information collected from the Device regarding your hydration habits. You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You understand that we do not guarantee any confidentiality with respect to your User Content. You hereby represent and warrant that your User Content does not violate the restrictions set forth below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the restrictions set forth below. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Neither Hydracoach nor its affiliates, suppliers or licensors will have any responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Product. You acknowledge that we have no obligation to pre-screen User Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICE THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; PLEASE NOTE THAT CERTAIN INFORMATION YOU PROVIDE MAY BE ACCESSIBLE BY USERS OF THE SERVICE.
We do not claim any ownership of your User Content. By making available your User Content on or in the Service, you represent that you own or have all rights necessary to make available your User Content to us.
You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (in whole or in part) solely for the purposes of including your User Content in the Service and operating, providing and promoting the Service. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise commercially exploit the Hydracoach Content, Hydracoach Product or any portion thereof, except as expressly permitted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Hydracoach Product: (1) use, display, mirror or frame the Hydracoach Product or any individual element within the Hydracoach Product, Hydracoach’s name, any Hydracoach trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hydracoach’s express written consent; or (2) access the Product in order to build a similar or competitive website, product, or service.
You agree not to use (i) take any action or (ii) make available any User Content on or through the Service that: (A) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, tortious, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (C) in violation of any laws, or obligations or restrictions imposed by any third party.
Use The Hydracoach Service At Your Own Risk
Our goal is to provide helpful and accurate information via the Hydracoach Product. HOWEVER, WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT ANY HYDRACOACH INFORMATION, SERVICES OR RECOMMENDATIONS. THE ACCURACY OF THE DATA PRESENTED THROUGH THE HYDRACOACH PRODUCT IS NOT INTENDED TO MATCH THAT OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE HYDRACOACH BOTTLE. IF YOU RELY ON THE HYDRACOACH PRODUCT, YOU DO SO SOLELY AT YOUR OWN RISK.
Consult Your Doctor Before Using The Hydracoach Product
ONLY A MEDICAL PROFESSIONAL CAN ADVISE YOU OF YOUR PERSONAL HYDRATION NEEDS. THE HYDRACOACH PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. IF YOU HAVE A MEDICAL OR HEART CONDITION, CONSULT YOUR DOCTOR BEFORE USING THE HYDRACOACH SERVICE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE HYDRACOACH PRODUCT AND CONSULT WITH A MEDICAL PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM RECOMMENDED DAILY GOALS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE HYDRACOACH PRODUCT. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE OR LEARN ABOUT THROUGH THE HYDRACOACH PRODUCT YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
HYDRACOACH IS NOT PRESCRIBING AN AMOUNT OF WATER FOR YOU TO DRINK, HYDRACOACH IS ONLY RECOMMENDING A SUGGESTED AMOUNT OF WATER TO BE CONSUMED EACH DAY BASED ON YOUR PERSONAL PARAMETERS THAT YOU PROVIDE. DRINKING TOO MUCH WATER CAN BE DANGEROUS SO DO NOT FOLLOW THIS RECOMMENDED DAILY GOAL IF YOU HAVE HEALTH CONDITIONS THAT REQUIRE RESTRICTED WATER CONSUMPTION. CONSULT YOUR DOCTOR BEFORE USING THE HYDRACOACH PRODUCT, AND MANUALLY SET YOUR OWN GOAL TO COMPLY WITH YOUR CONDITIONS AT YOUR OWN RISK.
Use Common Sense
Use of the Hydracoach Product should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany the Device and the Product, including those located on the Site.
If you submit comments, suggestions, proposals, ideas, product improvements, future product ideas, or feedback to us (“Feedback”), you agree that we can use them without any restriction or compensation to you in any manner it deems appropriate. Any submission is at your own risk and that Hydracoach has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Hydracoach, or obtained from sources other than you. You represent and warrant that you have all rights necessary to submit the Feedback.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Hydracoach and its partners. It is your responsibility to carefully review those terms and conditions.
You hereby release and forever discharge Hydracoach and its affiliates, officers, employees, agents, partners, suppliers and licensors (each, an “Hydracoach Party”, and collectively, the “Hydracoach Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Product.
Payments Made Through the Site
Hydracoach’s fees are net of any applicable Sales Tax, including GST. If payments for the Devices are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Hydracoach, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Hydracoach for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Hydracoach is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to Hydracoach free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Hydracoach will be your sole responsibility, and you will provide Hydracoach with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Descriptions, images, references, features, content, specifications, prices, and availability of any Devices are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our Devices, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Devices on the Site at a particular time does not imply or warrant that these Devices will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Devices ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Device; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Device.
A Device is deemed irrevocably accepted upon your use of the Device.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you at the time the order is placed. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Any email or any acknowledgement by us of a receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and Hydracoach will take place on despatch to you of the products ordered unless we have told you that we do not accept your order or you have cancelled it.
We will validate your credit/debit card before accepting your order. We will not accept your order if your card is declined at any stage during the processing of your order. We will try to contact you if your card is declined after you have placed your order but we may not be able to do this.
The prices quoted on the website are subject to change from time to time. The current price shown on the website is the price you will be charged. Any variation to the price shown must be confirmed in writing by Hydracoach before your order is accepted by us. The prices shown against each item includes GST but does not include postage and packing charges where applicable: these are shown separately.
If you have selected an item that is not in stock we will try to contact you as quickly as we can. We will try to do this within 48 hours (except on weekends and bank/public holidays when we normally do not work). We may despatch your order in a number of instalments and each dispatch is a separate contract and is not connected to any other dispatch.
Accepted orders are normally dispatched the same day of the order being placed on our website except on weekends and bank/public holidays when we normally do not work. Orders must be placed and accepted before 12pm AEST for same day dispatch, otherwise the order will be dispatched the following business day.
The time for delivery of your order varies according to your chosen method of shipment. Hydracoach have no control over the goods once they are shipped and cannot guarantee that your order will arrive within the time specified by your chosen method of shipment. We will not refund any charges relating to packing and shipping if you fail to take delivery of the goods at the address given by you on your order.
Hydracoach does not have Telephone ordering facilities however should you wish to contact us with a customer service issue please refer to our Contact us page. Note: If the Hydracoach Site is experiencing technical problems, we may allow Telephone orders until the site ordering function has been repaired. Hydracoach reserves the right to refund and cancel your order should you attempt to modify the price of the order during the checkout and buying process.
Product Warranties; Returns; Customer Service
Hydracoach provides certain limited warranties to our Devices as set forth on our Warranty Page located at: https://www.hydracoachaustralia.com.au/warrantywhich is incorporated herein by reference. In the event the Devices do not conform to the limited warranties set forth therein, Hydracoach will provide you the remedy set forth on the Warranty Page. Product returns are subject to our return policy as set forth on our Returns Page located at www.hydracoachaustralia.com.au/returns, which is incorporated herein by reference. If you have any questions about a particular product, or you have questions about making a return, please contact us at firstname.lastname@example.org.
THE PRODUCT IS NOT INTENDED TO BE USED AS A MEDICAL DEVICE AND OUR PRODUCTS ARE NOT MEDICAL DEVICES. FURTHERMORE, THE SERVICE AND OUR PRODUCTS ARE NEITHER REGULATED NOR APPROVED BY THE TGA (THERAPEUTIC GOODS ADMINISTRATION), AND ARE NOT DESIGNED TO DETECT OR PREVENT CAUSES OF ANY MEDICAL CONDITION. THE PRODUCT IS INTENDED TO BE USED TO HELP YOU MONITOR HYDRATION DATA AND IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADULT SUPERVISION. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND OUR PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
HYDRACOACH DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CALL 000 OR (OR 111 IN NEW ZEALAND) OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
UNLESS EXPRESSLY AGREED TO BY HYDRACOACH ELSEWHERE IN WRITING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HYDRACOACH PRODUCT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, HYDRATION FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HYDRACOACH DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT OR THAT ANY RESULTS WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY THAT THE HYDRACOACH PRODUCT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE HYDRACOACH PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY HYDRACOACH PRODUCT, YOU DO SO SOLELY AT YOUR OWN DISCRETION RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND HYDRACOACH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT. ONLY A MEDICAL PROFESSIONAL CAN ADVISE YOU OF YOUR PERSONAL HYDRATION NEEDS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYDRACOACH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE HYDRACOACH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HYDRACOACH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
HYDRACOACH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE SERVICE) OR ANY THIRD-PARTY LINKS & ADS, AND HYDRACOACH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
Hydracoach provides a limited warranty for our products which is available on the Site and included with each Device. HYDRACOACH MAY INCLUDE PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF OUR PRODUCTS. AS A CONDITION TO RECEIVING ACCESS TO AND USING THE PRODUCT, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF OUR PRODUCTS. IN ADDITION, YOU AGREE TO ONLY USE OUR PRODUCTS IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
RECOMMENDED DAILY GOAL IS AN ESTIMATE FOR INFORMATIONAL PURPOSES ONLY.
The “Personal Hydration Goal” component of the Product was developed by Hydracoach using a variety of health care literature and institutional standards for hydration, along with input from healthcare professionals. You can choose to input personal parameters such as weight which are used to provide a Personal Hydration Goal. This goal is only an estimate based on the information you input and is for informational purposes only. The general object is to consume water at a healthy pace throughout the day, rather than, consuming a large percentage of the daily recommended intake in a short period of time. The calculation does NOT account for all information, health conditions, or individual situations that may affect a person’s hydration needs. Also, health guidelines, including recommendations for hydration, may change from time to time, and this calculation may not be updated to incorporate those changes. Consuming too much or too little water (or other beverages/hydrating foods) can have serious health consequences. Accordingly, the suggestion generated by the Hydracoach is not a substitute for current professional medical advice, and use of this Hydracoach does not create any patient-health care provider relationship. You should consult with your professional healthcare provider before using this application software to make any decisions about your hydration. Hydracoach makes no representations or warranties about the accuracy of the recommended hydration goal.
This Product allows you to manually set a goal your daily goal. The custom goal is determined entirely by you, so entering an appropriate number is your responsibility. Consuming too much or too little water (or other beverages/hydrating foods) can have serious health consequences. We do not review your input and take no responsibility for limiting your goals within an appropriate range.
Use of the Product does not create any patient-health care provider relationship. You should consult with your professional healthcare provider before using the Product to make any decisions about your hydration.
You agree to indemnify and hold the Hydracoach Parties harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of or inability to use the Hydracoach Product, (ii) User Content, (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms, (iv) your violation of applicable laws or regulations; or (v) your violation of any rights of another party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of the applicable Hydracoach Party. Hydracoach will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE HYDRACOACH PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HYDRACOACH PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYDRACOACH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HYDRACOACH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HYDRACOACH PRODUCT EXCEED THE AMOUNTS YOU HAVE PAID TO HYDRACOACH FOR USE OF THE HYDRACOACH PRODUCT OR FIFTY DOLLARS ($50 AUD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HYDRACOACH, AS APPLICABLE.
THE HYDRACOACH PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE DEVICE DATA OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT), USER COMMUNICATIONS OR PERSONALISATION SETTINGS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HYDRACOACH AND YOU.
The HydraCoach is not a medical tool and should not be used as one. The Personal Hydration Goal calculation offers only a general guideline for daily fluid consumption and may not be an appropriate recommendation for many. Neither HydraCoach nor Sportline make any medical claims or instruction with respect to individual hydration requirements. Please consult your doctor on all issues related to your own hydration requirements.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Hydracoach and you regarding the Hydracoach Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hydracoach and you regarding the Hydracoach Product and Hydracoach Content. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Your relationship to Hydracoach is that of an independent contractor, and neither party is an agent or partner of the other.
You may not assign or transfer these Terms, by operation of law or otherwise, without Hydracoach’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Hydracoach may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Hydracoach under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Hydracoach Product. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. The communications between you and Hydracoach use electronic means, whether you use the Service or send us emails, or whether Hydracoach posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Hydracoach in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hydracoach provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Neither Hydracoach nor its suppliers or licensors will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
All trademarks, logos and service marks (“Marks”) displayed on the Product are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Hydracoach’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Hydracoach. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms.
Hydracoach Australia Pty Ltd.
P.O. Box 938.
Innaloo WA 6918
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