WEBSITE TERMS AND CONDITIONS OF USE
Welcome to our online store!
1.1 This website is operated by Smart Diet Solutions. We offer this website including all information and Products available from this website to you conditioned upon your acceptance of all terms, conditions, policies and notices referenced here and/or available by hyperlink. By visiting or shopping within the website you agree to and accept all of the foregoing, so please read them carefully. If you do not agree, you may not access or use the website or any services.
1.2 You must not use our Products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any applicable laws. Additionally, you must not transmit any worms or viruses or any code of a destructive nature. A breach or any violation of the foregoing will result in an immediate termination of your services. You acknowledge and accept that imposition or removal of any access or use restrictions for any part of the website is at our discretion.
1.3 If you wish to establish a link to our website from your website, you must seek our prior written consent, which we may withhold at our discretion.
1.4 This website may contain hyperlinks to third party websites. Such links are provided for convenience only and operate independently of us. We are not responsible for any content, maintenance of or privacy compliance in relation to any linked website. Any such hyperlink on our website does not necessarily imply our endorsement, support or sponsorship of the operator of that website or of the information and/or goods that they provide.
1.5 Third parties may intercept or modify transmissions to and from this website. In the event that computer viruses or other defects are contained in files obtained from or through this website, we exclude all liability for any damage that may result from your use of this website or any linked website.
1.6 We display our stockists on our website for the purposes of providing our customers with greater access to Products. By becoming a stockist of our Products, you acknowledge and consent that we may display your name, address and contact details on our website. If you do not give your consent, you must notify us by email to firstname.lastname@example.org. We assume no liability in respect of your information being displayed on our website.
2. Account registration
2.1 It may be necessary for you to register an account with us to access our Products. Accordingly, you may be required to signify your acceptance of these Terms and Conditions in addition to any other terms and conditions which may apply to any Product displayed on the website at that time or otherwise as displayed during the registration process. You may also be required to validly enter your user name, email address, password and all other information requested in the registration section of the website.
2.2 If you elect to register an account with us and/or participate in any promotions, you must provide true, accurate, current and complete information about yourself and maintain and promptly update the same to keep it accurate. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect the information you provided is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of the website or any portion thereof.
2.3 Account usernames may be refused, amended, removed or replaced by us including without limitation where an account username is used to impersonate another person or if a username is offensive or violates any third party intellectual property rights.
2.4 You must keep your account password confidential and ensure that you correctly log off and/or exit from your account at the end of each session. You are responsible for any activities and/or transactions made using your account. You must immediately notify us of any unauthorised access to or use of your account via email to email@example.com, and you agree and accept that we are not liable for any loss or damage which results from unauthorised access to or use of your account.
2.5 You must not transfer your username or password or lend or otherwise transfer your use of or access to the website to any third party without our prior written consent, which may be withheld at our discretion.
3. Termination of account
3.1 We may at our discretion terminate, delete or deactivate your username, password, account (or any part thereof) or use of the website for any reason including without limitation if we believe that you have violated or acted inconsistently with these Terms and Conditions.
3.2 You acknowledge and agree that any termination of your access to the website under any provision of these Terms and Conditions may be affected without notice to you, and we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such information or to the website. You further agree that we will not under any circumstances whatsoever be liable to you or any third party for any termination of your access to the website.
3.3 We reserve the right, without notice to you and at our discretion, to refuse to register your account or close your account if we believe that you have breached (or are likely to breach) any part of these Terms and Conditions or have acted in a manner that is contrary to our business interests and/or reputation.
We have made all reasonable efforts to ensure that the information displayed on the website is current, accurate and complete at the time of publication. However, we provide no guarantees, warranties or undertakings in relation to the same and we disclaim all liability for any errors in Product pricing and/or descriptions (or otherwise). It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. We apologise for any errors on this website.
5. Intellectual Property
5.1 We own all rights, title and interest in and to all present and future rights to trademarks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate the Products (Intellectual Property). You must not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way or do any act which may diminish the value of the Intellectual Property.
5.2 Our provision of access to the website or the Products to you does not grant you any license to our Intellectual Property. Any rights not expressly granted herein are reserved.
6. Disclaimer, indemnity and limitation of liability
6.1 We may at any time and without any notice to you or any other person make changes or improvements to our website and/or to any of the Products. We exclude all liability for any loss or damage suffered by any person as a result of the use of this website or reliance on any information from the website. In addition, we are not responsible and disclaim all liability for any loss or damage arising from any website failures or downtime.
6.2 To the fullest extent permitted by law, all conditions and warranties concerning the website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage are expressly excluded and in respect of those statutory warranties which cannot be excluded for any Products provided by us. Our liability to you is limited to the remedies contained under the Australian Consumer Law, which you agree is your sole remedy.
6.3 In no event will we, our Personnel, licensors, suppliers or any other third parties referenced on the website be liable for any loss, costs or damages (including without limitation economic or consequential loss, lost profits, revenue or opportunity, anticipated savings, business interruption or special damages) resulting from the use of or inability to use the website, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of or advised of the possibility of such loss, costs or damages.
6.4 You hereby release and waive all rights of recourse and recovery in respect of, and agree to defend, indemnify and hold us and our Personnel harmless (as a continuing obligation) from and against any and all claims, liabilities, losses and expenses (including without limitation legal costs on a full indemnity basis) suffered by you, and third party claims made against us or our Personnel arising from your use of the website or related Products, your violation of these Terms and Conditions, any applicable law or your infringement (or infringement by any other user of your account) of any intellectual property or other right of any person or entity.
7.1 We reserve the right to make changes to the website and its content at any time and without notice to you, effective immediately upon posting on the website. Please check the website periodically as your continued use of or access to the website following the posting of any changes constitutes your acceptance of them.
7.2 Any provision of these Terms and Conditions which is or becomes illegal, invalid or unenforceable is only ineffective to the extent of that illegality, invalidity or unenforceability without invalidating the remaining provisions.
7.3 A failure by us to insist upon or enforce strict performance of any part or parts of these Terms and Conditions will not constitute a waiver of any right or remedy which we may have and is not a waiver of any existing or subsequent breach of these Terms and Conditions by you. A waiver of any right must be in writing signed by us.
7.4 These Terms and Conditions contain the entire understanding between the parties in respect of the use of our website and supersede all prior or contemporaneous undertakings or agreements (whether written or oral) regarding such use, which are of no force or effect.
7.5 Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership or other form of joint enterprise between the parties.
7.6 These Terms and Conditions and any other applicable agreements may be assigned, novated or otherwise by us at our discretion. However, you may not assign, encumber or otherwise deal with any of your rights or obligations under these Terms and Conditions or any other applicable agreements without our prior written consent, which may be withheld at our discretion.
7.7 In the interpretation of these Terms and Conditions, no rule of construction applies to the disadvantage of the party preparing these Terms and Conditions on the basis that it prepared or put forward this document or any part of it.
7.8 A reference to Australian dollars, dollars, $, A$ or AUD is a reference to the lawful currency of the Commonwealth of Australia.
7.9 A reference to time is to local time in Melbourne, Australia.
7.10 Headings are used for convenience only and do not affect interpretation of these Terms and Conditions.
7.11 These Terms and Conditions are governed by and construed in accordance with the laws applying in the State of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
In these Terms and Conditions:
Australian Consumer Law means the Competition and Consumer Act 2010 (Cth);
Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne, Australia;
Intellectual Property has the meaning given to it in clause 5.1;
Personnel means the officers, directors, employees, consultants, contractors, agents and representatives of Smart Diet Solutions;
Products means all goods offered for sale by Smart Diet Solutions, from time to time;
Terms and Conditions means these Website Terms and Conditions of Use, as updated from time to time;
we, us, our means Smart Diet Solutions; and
you, your means any person or business that uses the site including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.