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Terms and Conditions for www.osmopatch.com

Introduction

Welcome to www.osmopatch.com. This website is owned and operated by MediWise Pty Ltd. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Dec 08, 2011.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any of www.osmopatch.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of MediWise Pty Ltd, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless MediWise Pty Ltd and its entities and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from MediWise Pty Ltd or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MediWise Pty Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.osmopatch.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of MediWise Pty Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MediWise Pty Ltd.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by MediWise Pty Ltd from our offices located in the state of NSW, Australia. It can be accessed by most countries around the world. As each country has laws that may differ from those of NSW, by accessing our website, you agree that the statutes and laws of NSW, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Australia, NSW You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee
UNLESS OTHERWISE EXPRESSED, MediWise Pty Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Mail: PO Box 14
Brighton-Le-Sands, NSW
2216 Australia

Email: customer.care@osmopatch.com
Phone: +1 424 6446773
+61 2 95678333 (Australia)

MediWise Pty Ltd
Suite 5B/213 Bay Street
Brighton-Le-Sands, NSW
2216 Australia

Dear Toky: I was diagnosed with severe bursitis in my left elbow in mid February.  I saw an orthopaedist in March who attempted to aspirate my bursa and also injected cortisone in the bursa.  This treatment had absolutely no effect.  A couple of weeks later the same doctor successfully aspirated over 30 cc’s of fluid […]

- Jim N, Florida, United States

Ok, I have an arthritic knee from playing American football and having an operation when I was 18. Going to a doctor to have it drained would cost me well over $220. Even a smaller amount of fluid in the front and back of the knee will throw it out of line and I know […]

- Mike M, Wisconsin, United States

Hi, I have been using the patches for a bakers cyst caused by torn miniscus. The patch takes care of it but in comes back in about a week. Is it safe to use a patch a week for an indefinite amount of time? Thank you,

- Susan S, Ohio, United States
Wayne-S

I’ve had a Baker’s cyst behind my right knee, caused by a knee injury, for 4 years. It is excruciatingly painful. I received cortisone injections every 3 months to ease the pain, but to no avail. Luckily, I stumbled upon your OSMO patches online. I put one behind my knee and one on the front […]

- Wayne S, New Jersey, United States

I just send you an other order of patches, It helps me a lot especially to sleep because I am always in pain with my bakers’cyst so I do not want to run out of patches. Thank You

- Lilianne L, Ontario, Canada

OSMO Patch No Questions Asked Guarantee Policy

As with any treatment there will always be some people that our patches regretfully won't help. While there may be several reasons for this, we do appreciate that such a situation will always be disappointing. Hence, we have put together our ‘No Questions asked Money back Guarantee’.

If after applying the patches for 5 consecutive nights you honestly feel that the patches have not yet provided you any type of relief or help from your injury then please discontinue the use of the patches and simply e-mail us within 45 Days of placing your order to take up your No Questions asked Guarantee. We will then provide you with your Return Authorization Number (RA#) and return details. This guarantee is a full refund on the purchase price less the original postage & handling cost.

IMPORTANT: As you will hopefully understand this Guarantee does not apply to either re-orders or orders greater than 2 Boxes of 10 patches (i.e. orders greater than 20 patches). This guarantee is only applicable to orders purchased directly from osmopatch.com and does not include purchases from re-sellers.

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