Terms and Conditions

Website terms and conditions

​By using the DrKellieRose.com site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use this site.​

Information about us

This site is operated by DrKellieRose Performance Science (we). The main trading address is 1 Mark Street, Capalaba Queensland 4157, Australia.

Other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the DrKellieRose.com site:

• Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the DrKellieRose.com site, you consent to such processing and you warrant that all data provided by you is accurate.
• Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods or services from our site, our terms and conditions of supply will apply to the sales.

Changes to these terms

We may amend these terms from time to time. Every time you wish to use the DrKellieRose.com site, please check these terms to ensure you understand the terms that apply at that time.

​Changes to our site

DrKellieRose Performance Science explicitly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the website or the entire offer of service without prior notice or announcement. However, in such cases, we will endeavor to provide prior warning to you of any such instances.

You are also responsible for ensuring that all persons who access the DrKellieRose.com site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

User account security

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at kellie@drkellierose.com.

​Use of website material

The entire content of the DrKellieRose.com website is copyright protected. All rights are owned by DrKellieRose Performance Science, the specifically named rightholders, or are licensed by DrKellieRose Performance Science for their use. The elements contained on the DrKellieRose.com website is freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of DrKellieRose.com. Reproduction, transfer, amendment, linking or use of the DrKellieRose.com website for public or commercial purposes is prohibited without the prior written consent of DrKellieRose Performance Science.

You may download extracts of any page(s) from the DrKellieRose.com site for your personal use, and you may draw the attention of others within your organisation to content posted on our site. However, you must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

​Liability exclusion

All content on DrKellieRose.com, including all digital content and services offered via DrKellieRose.com, have been carefully prepared and are reliable as at the time of publication. Nevertheless, DrKellieRose Performance Science does not provide any guarantee, nor give assurance or warranty, with respect to the correctness, accuracy, reliability or completeness of the information on DrKellieRose.com. Information contained on the DrKellieRose.com website may be changed at any time without prior notice.

In the case of online support, data transmission interruptions may occur. DrKellieRose Performance Science is not responsible for errors, technical errors, or delays in online support which may occur in the transmission of content via the Internet or telephone network. Interruption times are not billed, but also not refunded. The duration of the support is expanded by the interruption time.

Liability claims against DrKellieRose Performance Science for direct, indirect or secondary damage of a material or intangible nature, incurred from the access, use or non-use of the services as well as published information, are declined. Liability claims regarding the misuse of the connection or technical disturbances are also excluded.

Loss or damage

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you and you should refer to those terms for details.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Links to other websites

The DrKellieRose.com website contains links to websites operated by third parties which may be of interest to the user. The DrKellieRose.com website is not responsible for the content or effective operation of these third-party websites. This applies regardless of whether when activating the link, you leave the DrKellieRose.com website or the display appears within the context of the DrKellieRose.com website, as well as if in the latter case the information provider of an external website is not immediately obvious. Establishing the link or consulting websites operated by third parties is at the sole responsibility of the user. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

User-generated content

This website may include information and materials uploaded by other users of the site, including blogs. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to make a complaint about information and materials uploaded by other users please contact us on kellie@drkellierose.com.

Linking to our site

You may link to the Drkellierose.com home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact kellie@drkellierose.com.

Which country’s laws apply to any disputes?

The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia.