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Terms and Conditions

Terms and Conditions

Welcome to Healthie Hampers’ website and social media channels (collectively referred to as the “website”). Healthie Hampers refers to Monica Yates Health Pty Ltd (ACN 620 928 832) t/a Healthie Hampers of 10 St Johns Parade Kew. By accessing or using the website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with Healthie Hampers Privacy Policy govern the relationship between you and Healthie Hampers. Please read these Terms carefully before using the website and if you do not agree to these Terms, you must not access or use the website.

  1. Your use of the website

1.1 You must use the website in accordance with these Terms and for your own non-commercial and personal use. You must be over 18 to register and use the website.

1.2 You are solely responsible and liable for all activity and communication on the website by you or through your login.

1.3 You must not use the website for any of the following purposes: (a) engaging in any conduct which breaches any applicable law or regulation; (b) attempting to interfere with the security of the website, or security features that restrict the use or copying of any content on the website; (c) engaging in any activity that interferes with or disrupts the website or the servers and networks that host the website; (d) distributing or communicating any information, content or material that; (i) infringes the rights of a third party including intellectual property rights; (ii) is false, inaccurate, offensive or abusive.

1.4 You acknowledge that any suspected illegal activity may be referred to the appropriate authorities.

1.5 When registering your account, you will provide us with personal information such as your name, address, email address and phone number. You warrant that this personal information is current and correct. Your personal information will not be disclosed to any third party without your consent and is governed by Healthie Hampers’ Privacy Policy.

1.6 By registering with Healthie Hampers, you expressly agree to receive emails (containing special offers and product information) and e-newsletters from Healthie Hampers. You can request to stop receiving emails and e-newsletters at any time by notifying Healthie Hampers.

1.7 You must keep your login details secure and confidential. You are solely responsible and liable for any unauthorised activity and communication on your account.

1.8 If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify Healthie Hampers immediately and take immediate steps to re-secure your account (including by changing your password).

 

1.9 Healthie Hampers may, at its discretion, and without prior notice: (a) temporarily or permanently restrict your access to all or part of the website; or (b) impose rules on your use of the website; or (c) revoke your account; and Healthie Hampers excludes all liability in relation to this.

 

1.10 Healthie Hampers reserves the right to amend these Terms (including imposing additional terms) at its sole discretion, at any time and without notice to you. Any amendments are automatically incorporated into and form part of these Terms. The Terms are accessible on our website and you accept that it is your responsibility to review these Terms each time you use the website. By continuing to use the website, you agree to be bound by any amendments to the Terms. 1.11 Healthie Hampers reserves the right to change the website, and the products and services available through the website, at its sole discretion without liability to you or any other third party.

 

  1. Information on the website

2.1. Healthie Hampers will endeavour to ensure that all information, content or material (referred to as “information”) on the website is accurate, complete and reliable except for information submitted by users of the website. However, Healthie Hampers does not make any representations or guarantees as to the accuracy, completeness or reliability of any information on the website. You acknowledge that such information may contain errors or inaccuracies and accept that you must make your own enquiries to verify the information provided by Healthie Hampers. Healthie Hampers expressly excludes any liability that may arise in relation to the accuracy, completeness or reliability of any information on the website.

2.2 If Healthie Hampers comes across any error or inaccuracy in any information on the website, Healthie Hampers reserves the right to correct that information without any liability to you or any other third party.

2.3 All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. Healthie Hampers does not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all products prior to you using the products. Healthie Hampers expressly excludes any liability that may arise in relation to the suitability of the products for any dietary requirements, medical conditions or allergies.

2.4 You acknowledge that any promotional and marketing material on the website (including images, photographs and descriptions of products) is not a representation of what is in the monthly box and you accept that: (a) products on the website may differ in visual appearance and packaging to the products in the box; (b) products in the box may be derivatives, samples or smaller versions of the products on the website; (c) the combination of products on the website may not be the same combination of products to be included in a monthly box and the combination of the products is at the sole discretion of Healthie Hampers;

2.5 Throughout the website, users may be invited to review or comment on various products. You expressly consent to Healthie Hampers publishing your first name and State or Town in relation to any review and comment.

  1. Orders, Subscriptions and Cancellations

3.1 Any products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

3.2 You may purchase a 1, 3, 6 or 12 month subscription plan (referred to as “subscription” or collectively “subscriptions”) for a monthly box containing a group of products as determined by Healthie Hampers  (referred to as the “box”).

3.3 All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 2 days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price. Gift subscription plans do not automatically renew.

3.5 You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid (including any gift purchases of a subscription), Healthie Hampers will not provide a refund of the subscription price unless Healthie Hampers cancels or is unable to fulfil your order, in which case, Healthie Hampers will provide a full refund of the whole or part of the subscription price depending on whether you have previously received boxes during your subscription.

3.6 Healthie Hampers does not accept returns of boxes or individual products except as detailed in 3.7 below.

3.7 All boxes and products are checked for quality prior to delivery and while Healthie Hampers endeavours to ensure that the box and product is delivered to you in good condition, they may be damaged during delivery. If you intend to seek a replacement box or product you must send through a picture sufficiently illustrating the damage to Healthie Hampers for assessment. Any requests for a replacement box or product must be made within 2 weeks of receipt of the items. If Healthie Hampers assesses the damage and at its discretion agrees to replace the box or product, you may at your own cost return the damaged box or product to the address noted in these Terms. Healthie Hampers will replace the box and/or product as soon as practical. You accept that Healthie Hampers will not refund any opened or used products. In the case where the product is sold out, Healthie Hampers will provide you with an alternative product which may or may not be of equal value.

3.8. Healthie Hampers does not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. Vegan products may have been made in shared manufacturing facilities resulting in possible trace amounts of dairy/eggs and other ingredients not listed on the packaging. Consequently, Healthie Hampers does not make any guarantees that products are not contaminated with non-vegan ingredients. It is the customers responsibility to check with the company on their manufacturing processes for all potential allergen issues prior to consumption.

3.9 All prices are shown in Australia dollars and are charged in AUD at the exchange rate of the day.

3.10 Failure to provide your delivery address in the correct format may result in a delay in your order being processed or the order being returned to sender and a re-shipment fee of $10.00 will apply.

3.11 Healthie Hampers will not accept any claim for ‘lost’ or ‘missing’ parcels if the customer has entered the address incorrectly or in the incorrect format. All boxes will be left at the address in a safe place if no one is home.

  1. Price and Payment

4.1 The prices of hampers are in Australian dollars and include delivery charges where indicated. Please note the price of boxes are subject to change at any time without notice to you.

4.2 The prices of products on the website are indicative only and Healthie Hampers does not guarantee the price of products are correct.

4.3 You expressly authorise Healthie Hampers to process the payment for the subscription price via your relevant payment method at the time of your order.

4.4 Your invoices are made available to you online, and are downloadable through your account.

  1. Competitions and Promotions

Healthie Hampers may run competitions from time to time on the website or through its E-Newsletter, Facebook, Instagram, Twitter and/or other social media and media outlets. Unless specified otherwise, competitions are exclusively governed by their own terms and conditions and these can be accessed either via the Terms or on a link on the website if available.

5.1 Terms & Conditions for Coupon Codes Only one coupon is redeemable per purchase and only on specified products. Unless otherwise stated all coupon codes expire after 3 months.

  1. Delivery of Products

6.1 Healthie Hampers will endeavour to deliver the boxes on a Tuesday and Friday however Healthie Hampers does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.

7.2 You acknowledge that all boxes delivered to you from Healthie Hampers will be delivered using a third party carrier and you accept that all title in and risk to the box will pass to you upon the third party carrier being given possession of the box by Healthie Hampers. Healthie Hampers is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.

7.3 You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made before Tuesday or Friday for Melbourne/Sydney (whichever day is closest to your order day) or within 24 hours for Dry Hampers. Healthie Hampers expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.

7.4 If your parcel is lost in transit or if it is returned to sender Healthie Hampers may at it’s own discretion send a replacement. In these instances an additional fee of $10.00 will be charged to the customer.

  1. Disclaimer and Liability

8.1 Your use of the website and services is at all times at your own risk and you accept that you are responsible and liable in relation to your use of the website.

8.2 To the extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) and specified in these Terms, Healthie Hampers expressly excludes all representations and warranties, expressed or implied including but not limited to those relating to fitness for a particular purpose.

8.3 Healthie Hampers does not guarantee that the website will be available at all times or that it will be provided without fault, error, disruption or viruses.

8.4 The website may contain links to third party websites. You acknowledge that Healthie Hampers does not make any representations or guarantees in relation to those sites and does not endorse, verify or assume responsibility for the content of any such third party websites. You accept that your use of any third party websites is at all times at your own risk and Healthie Hampers expressly excludes any liability which may arise from your use of or access to those third party websites.

  1. Indemnity

You release and indemnify Healthie Hampers from and against all claims, liabilities, losses, damages, costs, expenses (including reasonable legal costs) which arise directly or indirectly from your use of the website, your conduct, any breach by you of the Terms or Healthie Hampers privacy policy or any breach of you by you of any third party rights including intellectual property rights.

  1. Limitation of Liability

Notwithstanding anything else contained in these Terms, Healthie Hampers will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the website, the box or the products whether directly, indirectly or consequentially or whether based in contract (including Healthie Hampers negligence), tort or under statute. If Healthie Hampers is found to have any liability to you, Healthie Hampers total liability will be limited to the amount paid by you for your subscription.

  1. Intellectual Property

11.1 The website contains materials that are owned by Healthie Hampers. Healthie Hampers reserves all intellectual property rights such as copyright in all materials including but not limited to marketing material, business names, trademarks, logos, website layout, domain names or other distinctive brand features (referred to as “materials”). 11.2 You must not without our prior written consent: (a) use, copy, distribute, license, sell, publish, adapt or in any way create derivative works from any of the materials contained on the website; and/or (b) modify or copy the layout or appearance of the website nor any computer software or code contained on the website. 11.3 Nothing in these terms gives you the right to use any third party trademarks. All third party trademarks are used with permission and remain the intellectual property of the third party. 11.4 If you make any content, materials or feedback available on the website (referred to as “content”) you automatically grant Healthie Hampers an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to: (a) use, copy, display, publish and distribute the content on the website and to any third party including the manufacturer of the products, and (b) modify, prepare derivative works of or sublicense the content; (c) incorporate the content into other mediums including but not limited to social media posts, blog posts and E-Newsletter publications to promote Healthie Hampers, the website, the products and/or the manufacturers. 11.5 You represent and guarantee to Healthie Hampers that you have the right to grant Healthie Hampers the right to use the content in the manner specified in clause 11.4. 11.6 You must not make a link to the website from a third party website without the prior written consent of Healthie Hampers.

  1. Privacy and Personal Information

Healthie Hampers’ Privacy Policy will govern the use of any personal information provided to Healthie Hampers. The Privacy Policy can be found through a link on the website. Healthie Hampers is not responsible for the privacy practices of third party sites.

  1. General

13.1 Healthie Hampers will not be responsible or liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

13.2 This site may be accessed throughout Australia and overseas. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

13.3 These Terms and your use of the website will be governed by and interpreted in accordance with the laws of Victoria. You irrevocably submit to the exclusive jurisdiction of the courts of the State Victoria.

13.4 If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable and the severed part will not affect the validity and enforceability of any remaining provisions.

13.5 If Healthie Hampers does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Healthie Hampers.

  1. Payment

In order to purchase any Healthie Hampers products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal or Braintree. By ordering a Healthie Hampers product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at hello@healthiehampers.com.au. The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services. All prices are in AU dollars unless otherwise stated and inclusive of GST.

  1. GST

Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act; Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply; Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.

  1. Refunds and Cancellations

You must review your order carefully before placing it. Once an order for a Healthie Hampers is confirmed and the price paid, Healthie Hampers will not provide a refund of price unless Healthie Hampers cancels or is unable to fulfil your order, in which case, Healthie Hampers will provide a full refund of the whole price.

  1. Product Availability

Due to product demands, Healthie Hampers products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Alternatively, we will swap the product for a similar product, or different flavour of that product. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship Healthie Hampers products.

  1. Contact Information

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at hello@healthiehampers.com.au

  1. Taxes

You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.

  1. Modification of Service

We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes. 21.1 Our License Grant to You We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service. This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Healthie Hampers or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us.

  1. Use of Healthie Hampers

When using our Service, you are responsible for your use of Healthie Hampers  and for any use of Healthie Hampers made using your device. You also agree that your use of Healthie Hampers is for personal non-commercial use. You agree not to access, copy, or otherwise use Healthie Hampers, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Healthie Hampers. You agree not to use Healthie Hampers to: You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”; You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service; You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You will not collect or harvest any personally identifiable information, including account names, from the Service; You agree not to stalk, harass, bully or harm another individual who uses our Site or Service; You agree not to upload, post, transmit or otherwise make available any material that: is not your original work, or which may infringe the intellectual property or other rights of another person; is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; includes an image or personal information of another person unless you have their consent; you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive; contains large amounts of untargeted, unwanted or repetitive content; or contains financial, legal, medical or other professional advice. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity; You agree that you will not hold Healthie Hampers responsible for your use of our Site; You agree not to violate any requirements, procedures, policies or regulations of networks connected to Healthie Hampers; You agree not to interfere with or disrupt the Site or Service; You agree not to hack, spam or phish us or other users; You agree to provide truthful and accurate content; You agree to not violate any law or regulation and you are responsible for such violations; You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content; You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it; If you believe that a user has breached any of the above conditions, please contact us at hello@healthiehampers.com.au. We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice. By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us. You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.

  1. Site Availability

We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.

  1. Intellectual Property Rights and License Grant For Your Content

The design of the Healthie Hampers Service along with Healthie Hampers created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Monica Yates Health Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Healthie Hampers reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission. By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.

  1. Linking and Third Party Content

You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation. You may link to our website without our 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. At our request, you must immediately remove any link to our website. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

  1. Disclaimers

Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Healthie Hampers nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this web site may be out of date, and neither Healthie Hampers nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website. In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

  1. Limitations and Liability

Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, Monica Yates Health Pty Ltd does not assume any responsibility or liability for any damages to you. In no event will Healthie Hampers, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity. With the exception of Consumer Guarantees, we exclude: 2.1 any term, condition or warranty that may otherwise be implied by custom, law or statute; 2.2 any liability for loss caused by our negligence; and 2.3 any liability for Consequential Loss. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following: 3.1 In the case of goods, to: 3.1.1 the replacement of the goods or the supply of equivalent goods; 3.1.1 the repair of the goods; 3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or 3.1.4 the payment of the cost of having the goods repaired. 3.2 In the case of services, to: 3.2.1 the supplying of the services again; or 3.2.2 the payment of the cost of having the services supplied again. In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.

  1. Indemnity

You agree to defend, indemnify and hold harmless Monica Yates Health Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Healthie Hampers Site and Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Healthie Hampers service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Privacy and Child Protection

Monica Yates Health Pty Ltd respects the privacy of its users in accordance with the terms of Monica Yates Health Pty Ltd Privacy Policy. Monica Yates Health Pty Ltd reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Monica Yates Health Pty Ltd.

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria .

  1. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control. 34. Severability In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Healthie Hampers shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and Healthie Hampers.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Termination of Your Service

If we determine that any of your actions may harm Healthie Hampers, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.

  1. Electronic Communications

The communications between you and Healthie Hampers use electronic means, whether you visit the Site or Service or send Healthie Hampers e-mails, or whether Healthie Hampers posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Healthie Hampers in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Healthie Hampers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  1. General

This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent. We may subcontract any of our obligations under this Agreement to any person.