Terms of Use

1. Terms of Use
The healthdistiller.com website and associated tools (the ‘Website’) is owned and operated by Epivital Pty Ltd ACN ??? ??? ???. Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’) together with Epivital’s Privacy Statement. Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use and the Privacy Statement. Epivital reserves the right to amend the Terms of Use at any time. The Website and these Terms of Use are intended to apply internationally to residents located throughout the world. The provisions of paragraphs 3, 7, 8, 9, 10, 11 and 12 of these Terms of Use survive termination.

2. Your Obligations
You must use the Website in a responsible manner. You must not:

• (a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• (b) use or access the Website to post or transmit any material which interferes with other users or defames, harasses, violates privacy, threatens, menaces, offends or restricts any person, including without limitation, sexually explicit material or which inhibits any user from using the Website or the internet;
• (c) use the Website to send unsolicited email messages;
• (d) in any way tamper, hinder or modify the Website;
• (e) knowingly transmit any viruses or other disabling features to the Website or via the Website;
• (f) solicit or promote any funds, goods or services;
• (g) impersonate any other user or person, or make false claims about your qualifications or any other matter;
• (h) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

3. Copyright and Trade Mark Notice
The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned, licensed or compiled by Epivital and protected by copyright law under the laws of Australia and International Copyright laws.
The Website does not grant you a licence nor acts as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, translate, creative derivative works from or distribute the content of the Website in any way except as expressly provided for by Epivital in these Terms of Use or expressly authorised in writing by Epivital.

4. Restrictions on use
You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Epivital or an associated entity or which is prohibited by the Terms of Use.

You may only use this Website for your own personal non-commercial purposes.

5. Advertising, Third Party Content and Links to Third Party Websites
The Website contains hyperlinks and other pointers to Internet Websites operated by third parties. Epivital does not control these linked Websites and is not responsible for the content of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Epivital of the site or the products, services or information provided at those sites. You link to any such Website entirely at your own risk.
The Website also contains products and services offered for sale or advertised. Much of the information provided on the Website concerning the products or services is information from third parties. Epivital is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. You should also enquire with the third party supplier the presence of any additional charges or relevant terms. The third party products, services and information are not provided or endorsed by Epivital and your legal relationship is with the third party supplier.

Epivital may receive fees and/or commissions from the third parties for advertising goods and services displayed on the Website or made available via Epivital. You acknowledge and consent to Epivital receiving these fees.

6. Prices, Products and Services are Subject to Change
All prices displayed and products and services offered to be supplied on the Website are subject to change without notice.

7. No reliance on Information
The information contained in the Epivital Website, is presented for the purpose of educating consumers on health and disease management topics. All information contained on the site, including information relating to medical and health conditions, products and treatments, is for information purposes only. Nothing contained in this Website is intended to be instructional for medical diagnosis, treatment, prevention, first aid or emergency medical care. Always consult your family physician before making any decisions about your health.

The Information should not be considered complete, nor should it be relied on to suggest a diagnosis or a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified professional health care provider. Information obtained from the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

The Information on the Website has been compiled from reputable medical publications. It is neither feasible nor practicable to confirm the accuracy of every piece of information compiled from all these sources. Information may be written, created, or compiled by people who are not medical experts. Information is not necessarily reviewed for accuracy by medical experts.

This web site may contain content supplied or written by third parties and users. Any opinions, advice, statements, or other information expressed or made available by third parties, are those of the third party, and do not necessarily state or reflect those of Epivital.

Neither Epivital nor any of its employees, agents or service providers directly or indirectly practice medicine or dispense medical services. Nothing in the Website nor any communication with Epivital, its employees, agents or service providers should be construed as creating a doctor-patient relationship or of providing medical advice.

7.1 Symptom information
This Website uses Information about symptoms of medical conditions. You should not rely on any information relating to symptoms contained in this Website. Symptoms are listed in no particular order with regard to their importance, frequency, severity, or relevance. Not all symptoms may be listed as a result of your use of the Website.

Not all symptoms may be present for the condition. Symptoms listed are not necessarily the most typical for a condition. Symptoms may differ, or be absent, depending on severity of the condition or the particular subtype. Symptoms may differ over time with the progression of the condition. Symptoms may differ at different phases of the condition.

Not all symptoms apply to all patients. Special classes of patients, such as babies, children, pregnant women, elderly, infirm, or those with another serious condition may experience different symptoms. Some symptoms may be hidden, hard to detect, or may only be detectable by a qualified medical expert. Listed symptoms may or may not include symptoms caused by complications, underlying causes, associated diseases, risk factors, or other conditions related or unrelated to the condition.

7.3 Treatment information
This Website does not provide Information about treatment of medical conditions.

Always seek professional qualified medical advice about all treatments. Treatments often have side effects, contraindications, interactions, complications, and associated risks. Treatments are not always effective. Treatments are not necessarily approved by the relevant government bodies.

Treatments may be research-only treatments or be otherwise unavailable. Treatments may be outdated, superseded, banned, or otherwise no longer used for the condition. Treatments may be non-mainstream or alternative treatments.

Treatments may interact adversely with other treatments, medications (prescription or over-the-counter), supplements, or alternative treatments. Treatments may adversely affect other medical conditions. Treatments are not necessarily appropriate for all patients. Treatments may only be appropriate at certain phases of the condition.

Treatments may be inappropriate for certain special patients such as newborns, infants, children, adolescents, pregnant women, elderly, infirm, immune-compromised patients, or patients with another condition. Some treatments may be mentioned only because they were tried and failed to be successful.

Treatments may need to be varied over the course of the condition or according to the severity of the condition. Treatments may be relevant to the complications, symptoms, or other associated conditions, rather than for the condition itself.

Treatments discussed have been mentioned in book, journal, or internet sources as associated with the treatment of a condition. As it is impractical to confirm every one, treatment information may sometimes be erroneous, inappropriate, or even harmful and contraindicated for the condition or its associated complications, symptoms, or other conditions.

Treatments listed are not necessarily the complete list of possible treatments for a condition. Treatments are not listed in any particular order of relevance or effectiveness, even when grouped under sub-entries. Some treatments may need to be combined with other treatments. Some treatments may be inappropriate to combine with other treatments.

7.4 Health care questions
Should you have any health care related questions, please call or see your physician or other professional qualified health care provider promptly. Always consult with your physician or other qualified professional health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on this Website.

7.5 Medical emergencies
If you think you may have a medical emergency, call your doctor or emergency service provider immediately. Information provided by the Site is not intended to be instructional for first aid or emergency medical care.

Epivital and the information in this Website do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site.

8. Licences and idea submissions
You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

By submitting communications or materials to any part of this Website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant (without compensation or further obligation) and warrant that the owner of such information has expressly granted (without compensation or further obligation) Epivital a royalty-free, perpetual, irrevocable, world-wide non-exclusive license in the copyright to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future.

You agree that Epivital may sublicense, sell, distribute or transfer its rights to the contribution or materials you provide and you hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.

Epivital shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the Website or elsewhere and to use the submission, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against Epivital for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

9. Indemnity
By entering into the Website, you agree to indemnify Epivital from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

10. Disclaimer
Some consumer protection laws and regulations may confer you with rights and remedies relating to the provision of goods or services to you by Epivital via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Epivital excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.

Save for your Statutory Rights, in respect of the Website:

• (a) All material on the Website is provided to you without warranties of any kind, either express or implied and whether oral or written;
• (b) Epivital expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
• (c) Epivital does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
• (d) Epivital does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability, currency or otherwise;
• (e) Epivital does not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts; and
• (f) You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.

To the extent permitted by law, including but not limited to any act or omission on the part of Epivital, Epivital will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that Epivital does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

11. Limitation of Liability
To the extent permitted by law, Epivital’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Epivital, to one or more of the following:

• (a) In the case of services supplied or offered by Epivital:
• (i) the supply of the services again; or
• (ii) the payment of the cost of having the services supplied again.
• (b) In the case of goods supplied by or offered by Epivital:
• (i) the replacement of the goods or the supply of equivalent goods;
• (ii) the repair of such goods;
• (iii) the payment of the costs of replacing the goods or acquiring equivalent goods;
• (iv) the payment of the costs of having the goods repaired.

12. Miscellaneous
Epivital relies upon your continued observance of the Terms of Use. In the event that Epivital suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Epivital for those losses, damages and costs.

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Epivital do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in this Website may not be legal by certain persons or in certain countries. If you access the Epivital Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

If Epivital does not act in relation to a breach of the Terms of Use by you, this does not waive Epivital’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

13. Termination
The Terms of Use are effective until terminated by Epivital. Epivital may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

Terms of Use last updated Decmeber 5, 2006