Terms and Conditions

Phoenix Philms provides A Delicate Balance website for the personal and educational use of consumers. By using this website, you acknowledge and accept the following terms and conditions of use. We may revise and update these Terms and Conditions of use from time to time and users are responsible for becoming aware of such changes through the periodic review of these Terms and Conditions. Continued usage of A Delicate Balance website (“website”) after the posting of any changes to the following Terms and Conditions will be deemed acceptance of the changes on the part of the user.

Disclaimer

Phoenix Philms makes no warranties or representations that the information contained in the website is in every respect accurate or complete, and is not responsible for any errors or omissions or for the results obtained from the use of such. The information available on the website is not intended as a substitute for or to be used in lieu of medical advice. You are encouraged to confirm the information contained here with other sources. Always consult your physician or other qualified health care provider for medical advice and treatment. The creators, distributors, producers, and participants of this website disclaim any liability or loss in connection with the content provided here.

While Phoenix Philms makes every effort to provide accurate and reliable information, we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than Aaron Scheibner. Reliance on any information provided by the website, the contributors to its website, or other visitors to the website is solely at your own risk. And we will not accept any responsibility whatsoever. Phoenix Philms reserves the right to change or discontinue at any time any aspect or feature of this website.

Copyright and Trademarks

A Delicate Balance website and its entire contents, including any and all text, graphics, images, any and all software provided to facilitate the use of the website, and any and all trademarks, service marks, trade names or other proprietary materials appearing on the website are, the sole and exclusive property of Phoenix Philms and Aaron Scheibner, and no title or other interest in or to the Content shall pass to you or any other user except as expressly provided under these Terms and Conditions. Phoenix Philms authorises you to view, download, and print the material provided for your personal, non-commercial use. Unauthorised use of the website may violate copyright, trademark, and other laws. None of the website may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, re-coordination or otherwise), resold or redistributed without prior written consent of Phoenix Philms except that you may print excerpts of the data for personal use only, provided that all copyright and trademark notices accompanying such excerpts are left intact. You may not sell or modify the website or reproduce, display, publicly perform, distribute or otherwise use the website in any way for any public or commercial purpose. The use of the website on any other website or in a networked computer environment for any purpose is prohibited.

Limitation of Liability

THE MATERIAL IN "A DELICATE BALANCE" WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PHOENIX PHILMS DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. PHOENIX PHILMS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE UPON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE WEBSITE INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND/OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, PHOENIX PHILMS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

Privacy Policy

A Delicate Balance website does not collect personally identifiable information regarding the users of its website unless such information is voluntarily provided by the user. We will not disclose your individual identity or personally identifiable information without your prior consent except as required by law, court order or as requested by other government or law enforcement authority.

This policy does not protect information you post to any online bulletin board, chat room, newsgroup or other public forum within our site. You should be aware that when you voluntarily disclose personal information (e-mail address, medical conditions, etc.) on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other participants or parties.

A Delicate Balance website may, from time to time, contain links to other sites on the Internet. We cannot control and are not responsible for the privacy practices or content of any other website. We caution you to review the privacy policies of any such sites prior to submitting personally identifiable information to these sites.

This privacy policy may be modified from time to time and you are responsible for periodically reviewing the privacy policy in order to be aware of any such changes.

Links to Third Party Websites

A Delicate Balance website may contain links to third party websites, either provided as a convenience to the user or as part of a third party advertisement. Phoenix Philms does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to any terms and conditions of use for such websites.

Indemnification

You agree to defend, indemnify and hold Phoenix Philms, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the website or any other portion or aspect of the website in a manner that violates or is alleged to violate these Terms and Conditions.

Standard Terms of Service

We abide by all Australian laws such as the Fair Trading Act, Australian Trade Practices Act, Australian Security and Investment Commission Act, Privacy Act, Cybercrime Act, Criminal Code Act.

We do not disclose your personal information to 3rd parties.

Australian Warranties and Refunds laws - these laws cannot be waived.

Your right to refund by Australian law is met under these conditions:

• The product does not do the job you were led to believe it would
• The product has a fault that you could not have known about at the time of purchase
• The product is not of merchantable quality, taking into consideration the price and description.
• The product does not match a sample you were shown
• The product is not not as described.

We are not obligated by law to provide you a refund if:

• No proof of purchase is offered (Receipt or Bank Statement)
• You simply changed your mind
• You found the product cheaper elsewhere
• You knew of a fault before buying the product (ie "factory seconds", "clearance items")
• The product was damaged after purchase, unless the damage is a result of the normal, recommended use of the product.
• Reasonable time to return the product has been exceeded