TERMS

& CONDITIONS

Welcome to our terms and conditions page. These terms and conditions outline our provision of service to you, our customers. Access to and use of all information on this website, including but not limited to the purchase of our products, is provided subject to the following terms and conditions. 

GENERAL TERMS & CONDITIONS

This website is operated by Posture Pilot (“Company”). Posture Pilot offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. In these terms and conditions, “we” “us”, “our” and/or “Company” refers to Posture Pilot.

The use of this website, including all information, products, tools or services available from this website (“Site”) to you, the user, are only upon the condition that you accept and agree to all the terms and conditions contained herein. These terms and conditions govern your use of this Site in its entirety.  Although we try to specify our services to you as clearly as possible here, we reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We recommend that each time you access our website, you read these terms and conditions. 

By accessing and/or using the Site, you accept and agree to these Terms of Use Agreement (“Agreement”). If you do not agree, you should immediately cease use of this Site.

LICENCE

This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site solely for your personal use. The foregoing license is limited. You therefore may not:

1. use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sub-license, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by this Agreement
2. reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof);
3. access, link to, or use any source code from the Site (or any part thereof); or
4. erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

REPRESENTATION

You represent to the Company that:

1. you are at least the legal age of majority;
2. you are authorized to enter into this Agreement;
3. you will not use the Site, Materials or Products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) that infringes the rights of the Company or any third party for any purpose or in any manner;
4. any information or data provided to the Company by you will not violate any law or regulation or infringe the rights of the Company or any third party;
5. all information that you provide to us in connection with the Site (e.g., name, email address, and/or other information) is true and accurate; and
6. you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

MATERIALS

Subject to The Company’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site. In addition, you agree to assume all responsibility for your use, and the results of your use, of the Site, including meeting any requirements of your contracts with third parties or other persons. We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to:

1. use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content;
2. interfere with others’ use of the Site;
3. forge headers, impersonate another person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to The Company on or through the Site;
4. impair the Site’s operation or interfere with or disrupt the servers or networks connected to it;
5. interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content;
6. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network;
9. upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
10. use the Site for any illegal purpose;
11. use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site;
12. attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Company server, or (d) to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means;
13. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;
14. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site;
15. use the Site to harvest or collect email addresses or other contact information; or
16. use the Site in a manner that could damage, disparage, or otherwise negatively impact the Company. You further represent that the Company has the right to rely upon all information provided to the Company by you, and the Company may contact you by email, telephone or postal mail for any purpose, including but not limited to (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through the Site. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

WARRANTY DISCLAIMERS

The site and materials are provided “as-is.” the company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the site or materials in terms of availability, accuracy, reliability, currentness, completeness, functionality, intended purpose, or otherwise. The company does not represent or warrant that the site or materials will operate error-free, uninterrupted, or in a manner that will meet your requirements. The entire risk as to the quality and performance of the site is with you. The company hereby disclaims any and all warranties, express or implied, including, without limitation, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from the company or through the site shall create any warranty of any kind.

PRODUCT TERMS OF USE

This website is not a substitute for professional medical advice, however we do advise to consult your physician before the purchase of any products listed. Your physician should address any concerns, medical questions and queries regarding the possible treatment of any medical condition. Posture Pilot does not, and is not, able to give or intend to give any answers to your medical related questions. This website does not replace any medical professional resource.

The Company or any of its agents acting on it’s behalf does not represent themselves as a doctor/physician and nor is this implied. Therapeutic or cosmetic results from products offered by the Company will vary from person to person and will be different depending on the variables unique to the individual and their circumstances. The Company does not guarantee any results of any product offered.

By placing an order through Posture Pilot or via any avenue by which the Posture Pilot products are made available to you, you accept all risks associated with the product. You agree that the Company or its agents or representatives will not be held liable for any unexpected results, or complications that may arise as result of the product.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

NO MEDICAL ADVICE

The statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. The information on this Site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. The Company is not intended or to be used to treat any type of medical condition. The information on this Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company Site. If you think you may have a medical emergency, call your doctor or emergency hotline number immediately.

Additionally, these products are not intended for use by persons under 18 years of age. Consult a physician before using this product if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.

Reliance on any information provided by the Company or its employees, agents, manufacturers or distributors, or any others appearing on the Site at the invitation of The Company, or other visitors to the Site is solely at your own risk.

LIMITATION OF LIABILITY

The company shall have no responsibility to provide you access to the site. You acknowledge and agree that the company shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond the company’s control, including, but not limited to, offers or promotions made available on the site, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Moreover, you agree that in no event shall the company nor any of its subsidiaries or third-party content providers be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages relating to or resulting from your use or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us, whether based in contract, tort, strict liability, or otherwise, even if the company has been advised of the possibility of damages. Without limitation of the foregoing, total liability of the company for any reason whatsoever related to use of the site, results from use of the site, or for any claims relating to this agreement shall not exceed the amount you paid to the company for any product or service. These shall be considered liquidated damages and not a penalty even if the company has been advised of the possibility of such damages. This liability, if any, shall be complete and exclusive.

INDEMNIFICATION

You agree to release, discharge, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by you, including breaches arising from your use of the information obtained through the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Site or related website(s).

SITE MODIFICATION

We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of the Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

ERRORS, INACCURACIES OR OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

HYPERLINKS & THIRD-PARTY SITES

The Site may include links to other sites, some of them operated by affiliated companies of the Company, and some of them operated by third parties. The Company is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third-party-linked site or any link contained in a third-party-linked site. The Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on the Site does not imply our endorsement of those third party companies or products. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. You may link our website with our express consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

TERMINATION

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that the Company shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. You may also terminate at any time by ceasing to use the Site. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from the Company and any right to use the Site shall immediately cease upon termination of this Agreement.

ACCURACY OF ACCOUNT & BILLING INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

USER COMMENTS, FEEBACK & OTHER SUBMISSIONS

If you send certain specific submissions, including by not limited to contest entries, suggestions, reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

1. to maintain any comments in confidence;
2. to pay compensation for any comments; or
3. to respond to any comments.

By transmitting any feedback to the Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to the Company. In addition, any feedback received by the Company will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for the Company to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.

OTHER TERMS & CONDITIONS

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of the Site.

The relationship between you and the Company is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without the Company’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, the Company may assign this Agreement in whole or in part. Moreover, the Company may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.

This Agreement and the Company’s Privacy Policy and Product Offer Terms and Conditions, which are hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and the Company with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and The Company with respect to the Site. Any rights not expressly granted herein are reserved by the Company.

Please note that the Company reserves the right to change the terms and conditions of this Agreement and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). The Company also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Site at any time. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or the Site.

POSTAGE & HANDLING

We recommend you using tracked postage. This means that the package will be tracked from the moment it leaves our warehouse right through to delivery. The Company does not take responsibility for any untracked parcels that go missing. We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. Posture Pilot will help as much as possible to trace a missing parcel, however if untracked shipping is selected, it is the customer’s responsibility to follow up with the carrier. The Company is not responsible for refunds of shipping costs in the event of delayed shipping due to product availability. The company will not be responsible for return shipping costs for return of products.

RETURNS & REFUNDS

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to a refund for the unused portion, or to compensation for its reduced value. If you wish to return a faulty or damaged product, you must notify us through our designated “Customer Support” contact. Please first refer to our “Returns” webpage where we set out our requirements relating to return of such goods.

All Company products carry a 30-day “Got Your Back” Guarantee from date of receipt of goods. All returns must be in their original individual packaging. Refunds do not include the original cost for shipping and handling. Discounted items are final sale and are not eligible for return or exchange.

To request a return for any of the Company products please contact our customer support team at: support@posturepilot.com.

You will need to include the Returns Request Form with your name, phone number, Order ID, product you are wishing to return, and a brief summary of your request (Reason for Request, Return for Exchange or Return for Refund) in your email. To complete your return, we will require a receipt or proof of purchase. Upon acceptance of a return request, our customer support team will issue you a ‘Return Material Authorization’ (RMA). You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. Please consider using a trackable shipping service or purchasing shipping insurance as we cannot guarantee that we will receive your returned item. Refunds can only be processed after receipt of return goods is verified.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

PRIVACY

Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

CONTACT US

If you wish to contact us about any of the matters described above, please use the contact details below.

Please put “Terms & Conditions Enquiry” in the subject line, and we’ll respond to your inquiry in a reasonable time frame.