Terms of Use

These Terms of Use will govern your access and use of the Ethical Nutrients website (Site). This Site is operated by Metagenics (Aust) Pty Ltd (Metagenics/Us). These Terms of Use constitute a legal agreement between you (the individual using this Site) and Metagenics. By accessing and using this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not proceed to access or use this Site.

If you are viewing this Site on a computer outside Australia, you agree: (a) that you are solely responsible for complying with the laws applicable in your jurisdiction; and (b) Metagenics has no liability to you whatsoever with respect to your use of this Site; and (c) you indemnify Metagenics against any liability it may have to any third party for any reason arising out of your use of this Site.

It is important to note that the information contained on this Site should not be a substitute for medical advice or treatment. If you have any concerns or questions in relation to your health, you should consult with your healthcare professional. The information on this Site is provided for your educational purposes only. The use of or reliance on the information on this Site is at your own risk. Developments in medical research may impact the information that appears here and we provide no assurances as to whether the information on this Site will contain the most up to date research and/or developments.

Please take the time to read these Terms of Use before accessing the Site.

1. Reliance on Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics' sole discretion. The Site is offered without warranties.

2. Changes to this Web Site
Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

3. Links
This Site may contain links or references to third party web sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics. Your use of such third party web sites is subject to the terms and conditions and the privacy policies of such websites.

4. Privacy
For information on how Metagenics collects, uses and protects the personal information you may provide on this Site, please read the Privacy Policy.

5. Use of Materials
The materials displayed on or contained within this Site (the Materials) are the property of Metagenics and its licensors and are protected by copyright, trademark and other intellectual property laws.
You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) or make any other use whatsoever without the express prior written consent of Metagenics. Unless expressly permitted in these Terms of Use, any use of the Materials is only permitted with the express written permission of Metagenics and/or its licensors.

6. Disclaimer and Limitation of Liability
This Site is provided by Us on an "as is" basis without any express or implied warranty of any kind.
You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from Your use of the Site or the material on or accessible through the Site.
You release Metagenics and its officers, directors, employees, agents or related bodies corporate from liability for any loss or damage including without limitation, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through this Site, whether or not caused by any negligent act or omission.
You release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on this Site, whether or not caused by any negligent act or omission.

7. Release and Indemnity
You agree to release and hold harmless and indemnify and keep indemnified Metagenics, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by You (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with Your use of the Site or the Materials or failure to comply with these Terms and Conditions, or from Your violation of any applicable law or the access to the Site by a third party, either with or without Your knowledge.

8. Ratings and reviews
When you submit any content that forms part of a customer rating or review on any part of our Site or on any third party platform we utilise for collecting, managing and displaying online ratings and reviews, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights in the content;
  • All moral rights that you may have in such content have been voluntarily waived by you and we are free to use the content as we may determine;
  • You are at least 18 years of age;
  • Any content you provide is not known by you to be false, inaccurate or misleading;
  • Any content you provide is not reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to an individual or corporation;
  • You were not compensated or granted any consideration by any third party;
  • You will not submit any content that references other websites, addresses, email addresses, contact information or phone numbers.

For any content that you submit, you grant Metagenics a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology without compensation to you.

All content that you submit may be used at Metagenics’ sole discretion. We reserve the right to change, condense or delete any content on our Site or any third-party platform we utilise for collecting, managing and displaying online ratings and review, that we deem, in our sole discretion, to violate any provision of these Terms of Use.

By submitting your email address in connection with your rating and review, you agree that Metagenics and its third-party service providers may use your email address to contact you about the information in your content and other administrative purposes.

Metagenics may collect, use, store, record and transmit personal information that you submit in relation to any ratings and/or review. View our Privacy Policy to understand how we manage your personal information.

9. Applicable Law & Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use will be governed by the laws of Queensland, Australia.

10. Severability, Waiver and Assignment
If any provision of these Terms of Use are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of Metagenics to enforce any part of these Terms of Use shall constitute a waiver of any of Metagenics’ rights under these Terms of Use. All waivers by Metagenics must be in writing and signed. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of Metagenics. Any such purported assignment or delegation by you without the prior written consent of Metagenics will be null and void and of no force and effect. Metagenics may assign these Terms of Use or any rights hereunder without your consent and without notice.

10. Changes to the Terms of Use
Metagenics may at any time modify these Terms of Use.
Metagenics will make available the updated Terms of Use on this Site. Your access or use of this Site following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using this Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Site.

11. Termination
Metagenics may at any time terminate your right to access this Site without notice to you.

12. How to Contact Metagenics
You may contact Metagenics at ethicalnutrients@metagenics.com.au.

Last updated: June 2024