Terms of Use

• Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the website
• Terms means these terms and conditions of use as updated from time to time
• Privacy policy means the policy, which governs how we process any personal data collected from you
• We, us or our means InBody Oceania Pty Ltd. (ABN: 96 666 757 464) Level 8, 1 York Street, Sydney NSW 2000. References to us in these Terms also includes our group companies from time to time including InBody Co. Ltd, of InBody Building, 647 Eonju-ro, Gangnam-gu, Seoul, Republic of Korea (zip code 06106)
• You or your means the person accessing or using the website or its Content.

Using the website

– The website is for your personal and non-commercial use only. You may not:

• a. modify, copy, publish, license, sell or otherwise commercialise this website or any information or software associated with this website
• b. transfer rights to this website; and
• c. use this website in any manner that could impair any of our sites in any way or interfere with any party’s use or enjoyment of any of our sites. You must use this website in compliance with all applicable laws. You must comply with all applicable third-party terms of agreement when using this website (e.g. your wireless data service agreement). Your right to use this website will terminate immediately if you violate any provision of these Terms.

– Certain features of this website may require you to provide personal information. Your use of the website means that you must also comply with our privacy policy.
– You agree that you are solely responsible for:

• all costs and expenses you may incur in relation to your use of the website; and
• keeping your personal information confidential.

– The website is intended for use only by those who can access it from within Oceania. If you choose to access the website from locations outside Oceania, you accept the risk that the use of this website might violate your privacy or any other rights and you accept that we are not responsible for any damage, in whatever shape or form, that results from this violation.
– We seek to make the website as accessible as possible. If you have any difficulties using the website, please contact us at [oceania@inbody.com].
– We may prevent or suspend your access to the website if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

Ownership, use and intellectual property rights

– This website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
– Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access and use the website for its intended purposes. You agree not to adjust to try to circumvent or delete any notices contained on the website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the website.
– Trademarks: “InBody” is our trademark. Other trade marks and trade names may also be used on this website. The use of any trade marks from the website is strictly prohibited unless you have our prior written permission.

Accuracy of information and availability of the website

– While we try to make sure that the website is accurate, up-to-date and free from bugs, we cannot promise that it will always be. Furthermore, we cannot guarantee that the website will be fit or suitable for any purpose. Any reliance that you may place on the information on this website is at your own risk and InBody is not liable for any damage you may incur due to your reliance upon this information.
– We may suspend or terminate operation of the website at any time as we see fit without being accountable for any compensation or liability for damage.
– While we try to make sure that the website is available for your use, we do not promise that the website is available at all times nor do we promise the uninterrupted use by you of the website.

Hyperlinks and third-party sites

– The website may contain hyperlinks or references to third party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Disclaimer of Warranties and Limitation on our liability

– We disclaim responsibility for any harm resulting from your use of this website.
– Your use of this website is at your own risk and discretion. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this website.
– Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

• losses that:
  (a) were not foreseeable to you and us when these Terms were formed; or
  (b) that were not caused by any breach on our part;
• business losses; and
• losses to non-consumers.

Compensation

– You will compensate us in full for any losses or costs, including without limitation, legal fees, we incur arising directly or indirectly by your conduct or in connection with your use of this website, any alleged violation of these Terms, any alleged violation of any applicable law, regulation or the rights of a third party. We reserve the right, at our own expense, to assume exclusive defence and control of any claim or investigation brought by any third party, including without limitation a regulator or law enforcement agency, subject to this compensation provision.

Events beyond our control

– We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Variation

– We reserve the right to vary these Terms from time to time. Any material changes will take effect immediately for new users and upon expiration of 30 days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this website as soon as possible, but at least within the 30 days period after the aforementioned notification. Any use of this website after the 30-day notice period constitutes your acceptance of any change.

Disputes

– We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our services please contact us as soon as possible.
– Any dispute or claim arising out of or in connection with the Terms or its subject matter or formation shall be governed by and construed in accordance with the law of Netherlands.
– Any dispute or claim arising out of or in connection with the Terms or its subject matter or formation shall be settled exclusively by the courts of the jurisdiction in which we are situated.