LEGAL INFORMATION

ADDITIVE FREE KIDS GENERAL TERMS AND CONDITIONS

IMPORTANT! PLEASE READ CAREFULLY. By signing up you acknowledge that you have read, understood and accept all the terms and conditions of this agreement without limitation or qualification. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not click the accept button.

1. INTRODUCTION

1.1 These terms and conditions relate to your use of our website and with regards to Supplier/User and/or:

a) Additive Free Kids Pty Limited trading as additivefreemarketplace.com.au (company registration number: 132 954 039) of PO Box 133, Darlington, Perth, Western Australia, Australia, 6070 (“Additive Free Marketplace” “us” “we”), who owns and publishes the website www.additivefreemarketplace.com.au and other platforms and applications where www.additivefreemarketplace.com.au can be accessed (the “Additive Free Marketplace Platform”); and

b) any advertiser of food products or resources available through the Additive Free Marketplace Platform (“Supplier” “you” or “your”).

c) Any visitor to the site in search of party-related services (“Customer” or “user”)

d) The Terms of Use constitute a legally binding agreement between Additive Free Marketplace and you. Each Supplier/Customer who clicks on the accept button and signs up to advertise/use the Additive Free Marketplace Platform is acknowledging that they have read, understood and agree to the Terms of Use.

1.2 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. WEBSITE USE

2.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; and

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

3. PROFILE REGISTRATION

3.1 To be eligible for an individual account on our website you must be at least 18 years of age.

3.2 The Additive Free Marketplace Platform is a place where Suppliers can advertise one or more of their goods and/or services (each a “Service”) for sale to potential Customers (“users”). We refer to the Additive Free Marketplace Platform users herein as “Customers”. Suppliers advertise on the Additive Free Marketplace Platform by registering a profile (“Profile”) and “Users” search for “Suppliers” or “Products”.

3.3 To register a Profile, you are obliged:

For Suppliers & Users:

a) to enter required details (such as name, email address, password, product category, stockists, locations covered) on the Additive Free Marketplace Platform’s online form;

b) to click and accept these Terms & Conditions;

For Suppliers:

c) to agree to pay to Additive Free Marketplace the fee to advertise on the Additive Free Marketplace Platform on either a monthly or annual basis (“Fee”);

d) to authorise Paypal subscription service for payment of the Fee. The cost of each package
(Standard, Advanced & Enterprise) is set out at www.additivefreemarketplace.com/list-your-business.

3.4 Additive Free Marketplace reserves the right in its sole discretion at any time to decline to place or delete any Profile that appears to be capable of infringing, or be associated with the infringement of, any provision of these Terms of Use.

3.5 You may register for an account (the “Account”) with our website by completing and submitting the account registration form on our website and we will email you with your login details.

3.6 You must notify us in writing immediately if you become aware of any unauthorised use of your Account.

4. YOUR ACCOUNT

4.1 After registration Suppliers will be able to contribute advertising copy and photographs to the Profile which the Customer will then be able to view on the Additive Free Marketplace Platform.

4.2 You will be able to manage your Profile online by accessing the management tab of your Account (the “Account”). In the Account, you will have various functions available which are intended to assist you to manage services offered through the Additive Free Marketplace Platform and to keep the Profile updated. These functions, and the Account itself, are made available on an “as is” basis, and Additive Free Marketplace does not undertake or represent that the Account or its functions will be complete or error-free.

5. CONTRACT BETWEEN SUPPLIER AND CUSTOMER

5.1 The Customer shall be able to contact you via contact information (email, phone number, website) provided by you during registration – whereby the Customer can contact you directly.

5.2 Additive Free Marketplace is not and does not become party to any business or contractual relationship between you and the Customer and does not mediate between you and the Customer in the event of any dispute arising between you and the Customer. Any terms, conditions, warranties or representations in a written or verbal contract between you and a Customer will not bind Additive Free Marketplace, and Additive Free Marketplace makes no representations or warranties, implied or otherwise in relation thereto. The foregoing is without prejudice to any third-party benefits to which Additive Free Marketplace is entitled.

5.3 You unconditionally release Additive Free Marketplace and indemnify, its affiliated companies, and their respective officers, directors, employees, agents, service providers, content providers and licensors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and the Customer.

5.4 You must make all reasonable efforts to respond to Customer enquires via your Account promptly (within 48hrs) failure to do so which leads to negative feedback/reviews of Additive Free Marketplace permits us to suspend or withdraw services.

5.5 We reserve the right to discontinue or alter any or all of our website services and stop publishing our website, at any time, at our discretion with or without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or the end of publication of the website.

6. LISTINGS

6.1 We may offer a discretionary free period, at our choice, for a short trial period. We reserve the right to delete a free listing at any time, without notice to you.

6.2 Each listing to our directory must be a listing in respect of additive free products and their related resources and services.

6.3 You agree to keep your directory listing up to date at all times.

6.4 without prejudice to our other rights under these terms and conditions, we reserve the right to reject/delete submissions that breach these terms and conditions, or that do not meet our guidelines for listings published on our website.

6.5 If we reject or delete a listing in accordance with Clause 17, we reserve the right not to refund any applicable charges.

7. SUPPLIER REVIEWS

7.1 Customers may post their own reviews of Suppliers Products or Services (“Supplier Reviews”) on the Additive Free Marketplace Platform. You acknowledge and release Additive Free Marketplace from any and all liability in relation to such Supplier Reviews. Additive Free Marketplace reserves the right to delete any Supplier Reviews at any time in its sole discretion.

7.2 Subject to Section 17, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

7.3 You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 17, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews

8. CUSTOMER REVIEWS

8.1 We publish reviews by users on our website and reserve the right to delete a review.

8.2 Any user may submit reviews for publication on our website, subject to these terms and conditions. If the user has registered with our website, the user may submit reviews for publication on the website, subject to these terms and conditions.

8.3 The user must be honest, reasonable and bona fide reviews of Suppliers and/or other goods or services found on our website.

8.4 A user may only post a review if such user has first-hand experience of a Supplier and/or other goods and services found on our website.

8.5 A review must not be posted if:

a) there is a [financial] interest in the subject matter of the review;

b) or are an owner, partner, member, employee, business partner, advertising agency or affiliate of any person who has a financial interest in the subject matter of the review; or

c) or are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

8.6 It is acknowledged that we may publish and otherwise use, in conjunction with the reviews, your name and/or your user ID, but we shall have no obligation to do so.

8.7 It is acknowledged that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit them; accordingly, we do not warrant the accuracy of the user reviews.

9. PAYMENT AND PRICING

9.1 You shall pay the Fee specified on the website. Prices shown are paid on a monthly or annual basis.

a) Monthly contracts will be paid monthly by Recurring Payments PayPal in advance and payment will continue to be taken unless cancelled by giving Additive Free Marketplace 30 days written notice.

b) Annual contracts will be paid annually by Recurring Payments PayPal in advance and payment will continue to be taken on an annual basis unless cancelled by giving Additive Free Marketplace 30 days written notice.

9.2 Any renewal shall be subject to Additive Free Marketplace’s then current terms and conditions.

9.3 Additive Free Marketplace is GST registered therefore GST does apply to any sums stated in the pricing list.

9.4 You will submit valid bank details for the Recurring Payments PayPal upon registration and keep this information up to date.

9.5 If we accept a paid directory listing, it will remain published on our website for the relevant period specified for that particular plan, subject to termination or deletion in accordance with these terms and conditions.

9.6 We may delete a paid directory listing at any time at our discretion providing that if we delete a paid listing in accordance with this Clause (6) before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

9.7 We reserve the right to charge a $25.00 admin fee on any listing fee that is overdue.

9.8 We may vary our fees from time to time by posting new fees on our website, this will not affect fees for the services that have been previously paid, only to new payment periods.

9.9 Should we need to resort to legal action in respect of non-payment you will be liable for our reasonable costs in recovering outstanding fees and debt collection fees.

10. TERMINATION AND CANCELLATION

10.1 Additive Free Marketplace reserve the right to suspend or terminate, with or without notice, listings in respect of which fees are unpaid or consistently late.

10.2 Additive Free Marketplace may terminate this agreement at any time by giving you 30 days written notice.

10.3 You have the right to cancel this agreement at any time by giving 30 days’ notice in writing and your Recurring Payment PayPal agreement will be cancelled. If you wish to cancel during a free discretionary period you must notify Additive Free Marketplace at least 5 working days before the date of your first Recurring Payment or payment may still be taken.

10.4 Additive Free Marketplace may immediately suspend or terminate this agreement without notice in the event of any conduct which Additive Free Marketplace in its sole and absolute discretion, considers to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose Additive Free Marketplace to any liability.

10.5 No refund shall be due to you where termination is due to breach by you. A pro-rated refund shall be given by Additive Free Marketplace in the case of termination without cause.

10.6 The provisions of the Terms of Use shall survive any termination of the agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.

11. RIGHTS AND OBLIGATIONS OF ADDITIVE FREE MARKETPLACE

11.1 Additive Free Marketplace shall be entitled to change the layout of the Additive Free Marketplace Platform at any time without prior notice.

11.2 Additive Free Marketplace may occasionally undertake upgrades of the Additive Free Marketplace Platform in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Additive Free Marketplace Platform. Additive Free Marketplace will, where possible, aim to ensure that maintenance of the Additive Free Marketplace Platform that causes any such restriction is undertaken at a time when most usage is least affected.

11.3 Additive Free Marketplace reserves the right to transfer these Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Terms of Use, to a third party.

11.4 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

12. RIGHTS AND OBLIGATIONS OF THE SUPPLIER

12.1 You shall submit truthful particulars about your identity and payment data and only offer in your Profile, Products and Services which you are entitled and are in a position to serve to Customers.

12.2 The forms made available by Additive Free Marketplace must be completed appropriately.

12.3 You undertake to provide the Profile information, including all information concerning the Service, fully and accurately, and to keep the information updated. You shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.  If ingredients or suppliers of your ingredients change, you must notify Additive Free Marketplace. 

12.4 You are required to keep your account login details secret and not to pass them on to third parties. Additive Free Marketplace will never ask you to disclose this data. If you are contacted by third parties and asked for login details, under no circumstances should you impart that data, but you must immediately notify Additive Free Marketplace of the situation. Should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to Additive Free Marketplace and change your password.

12.5  You are responsible for ensuring that your Profiles does not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law or other intellectual property rights.

13. SUPPLIER RIGHTS OF CONTENT

13.1 Where you submit to or transmit through the Additive Free Marketplace Platform any content of any type, including text or images, you represent and warrant that you have the right to do so, and have been granted the necessary consent by any copyright holder, persons featured or suppliers of featured items.

13.2 To the extent that Supplier’s Profile and other submissions may contain trademarks, you represent and warrant that you have the right to use them, including sublicensing rights.

13.3 By submitting any form of content to the Additive Free Marketplace Platform, you permit and hereby grant a royalty-free license to Additive Free Marketplace to display and disseminate the content in connection with the performance of these Terms of Use.

13.4 Additive Free Marketplace shall have the right, but not the obligation, to monitor the content and user traffic of the Additive Free Marketplace Platform. Additive Free Marketplace shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Additive Free Marketplace Platform.

13.5 Additive Free Marketplace has the right to use any content uploaded by you for internal or external marketing purposes, this includes but is not exhaustive to social media information, posts and pictures (e.g. Instagram, Facebook, twitter pictures and/or literature). You must ensure that you have the permission to post sensitive information (such as a picture of children at a party) as we reserve the right to use this in our marketing literature.

13.6 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to this website.

13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

14. CONTENT RULES

14.1 You warrant and represent that your content will comply with these terms and conditions.

14.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;
(b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(c) infringe any right of confidence, right of privacy or right under the General Data Protection Regulation (GDPR) legislation;
(d) constitute negligent advice or contain any negligent statement;
(e) be in breach of any contractual obligation owed to any person;
(f) be untrue, false, inaccurate or misleading;
(g) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(h) post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or considered spam, or that would give rise to criminal or civil liability
(i) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(j) cause annoyance, inconvenience or needless anxiety to any person;
(k) include content on the Additive Free Marketplace Platform that breaches any applicable criminal or other laws, or encourages any such breach;
(l) be obscene or indecent; or
(m) include any pornographic, lewd, suggestive or sexually explicit content.

14.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

14.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

14.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

15. REPORT ABUSE

15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2 You can let us know by emailing us or by calling – contact details are on the website.

16. INDEMNIFICATION

16.1 By agreeing to these terms of use you agree to indemnify, defend and hold Additive Free Marketplace and its parents, affiliates, subsidiaries, licensors and assigns and each of their respective employees, officers and directors harmless from and against any third party claims alleged claims, demands, causes of action, judgement damages, losses, liabilities and all costs and expenses of defence, including without limitation, reasonable legal fees, arising out of or relating to any breach by you of these terms or use of the Additive Free Marketplace platform by you or via any hardware owned or controlled by you.

16.2 In relation to third party claims you will cooperate as fully and as reasonably required in Additive Free Marketplace’s defence of any claim. Additive Free Marketplace reserves the right at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without Additive Free Marketplace’s written consent.

17. LIMITATIONS AND EXCLUSIONS OF LIABILITY

17.1 You shall not directly or indirectly:

i) Except as permitted, with respect to the Additive Free Marketplace Platform, its content, and databases comprised in the Additive Free Marketplace Platform, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

ii) Use the Additive Free Marketplace Platform for purposes other than those referred to in these Terms of Use;

iii) Use the Additive Free Marketplace Platform or the tools and services on the Additive Free Marketplace Platform for the purpose of offering a product or service to buy other than a Product or Service under a valid Profile;

iv) reproduce any portion of the Additive Free Marketplace Platform on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Additive Free Marketplace Platform, or any other framing technique to enclose any portion or aspect of the Additive Free Marketplace Platform, or mirror or replicate any portion of the Additive Free Marketplace Platform;

v) Upload or send to the Additive Free Marketplace Platform any contents or programs, which on account of their size or nature, might damage Additive Free Marketplace’s computers or networks;

vi) Use or access the Additive Free Marketplace Platform in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);

vii) Refer to Additive Free Marketplace in any way that might lead someone to believe that the Supplier, any Product, any Service, Profile or linked website is sponsored by, affiliated with, or endorsed by Additive Free Marketplace.

viii) Monitor content on the Additive Free Marketplace Platform by means of robots, spiders, or other automatic instruments

18. ADDITIVE FREE MARKETPLACE’S LIMITED LIABILITY

18.1 You acknowledge that you use the Additive Free Marketplace Platform at its own risk and that, subject to the limitations set out herein, Additive Free Marketplace shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the Additive Free Marketplace Platform. In the event of breach by Additive Free Marketplace of these Terms of Use your remedies shall be limited to damages which shall in no circumstances exceed the Fee.

18.2 Additive Free Marketplace makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the Additive Free Marketplace Platform. Reference to any product or third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of Customers of the Additive Free Marketplace Platform do not necessarily state or reflect ours.

18.3 Nothing in these terms excludes or limits Additive Free Marketplace’s liability for death or personal injury arising from Additive Free Marketplace’s negligence, or Additive Free Marketplace’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

18.4 To the extent permitted by law, Additive Free Marketplace excludes all conditions, warranties, representations or other terms which may apply to the Additive Free Marketplace Platform or any content on it, whether express or implied.

18.5 Additive Free Marketplace makes every effort to check and test the Additive Free Marketplace Platform however it does not guarantee that it will be secure or free from viruses or bugs. Additive Free Marketplace cannot accept any responsibility for any loss, disruption or damage to your data or computer system which may occur whilst using the Additive Free Marketplace Platform.

19. BREACHES OF THESE TERMS AND CONDITIONS

19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may with or without notice:

(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.

19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. THIRD PARTY WEBSITES

20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

20.2 We have no control over third party websites and their contents, and subject to Section 18.3 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

21. THIRD PARTY RIGHTS

21.1 These terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

22. COPYRIGHT NOTICE

22.1 All content that appears on the Additive Free Marketplace Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Additive Free Marketplace Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Additive Free Marketplace or by other parties that have licensed or otherwise provided their materials to Additive Free Marketplace. Reproduction of the Additive Free Marketplace Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.

23. HEALTH AND ALLERGEN DISCLAIMER

23.1 Whilst we make every attempt to ensure that the labelling of the products, supplied by the manufacturer accurately lists all of the ingredients used, we rely on the representations and warranties made by the manufacturer.  If you have any sensitivities or allergies to any listed ingredients you should not consumer these products.  Should you develop any symptoms or allergic reactions, discontinue use immediately. 

23.2 The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment.  If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of the products listed on the website, find you may have or be experiencing side effects, you should promptly contact your health care provider.  Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease. 

24. COMPETITIONS

24.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.

24.2 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

24.3 No responsibility can be accepted for entries not received for whatever reason.

24.4 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

24.5 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

24.6 The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

24.7 Winners will be chosen at random from all entries received and verified by the Promoter; alternatively, we reserve the right to decide on the best comment/picture for such competition purposes – this is reliant and/ or relevant on the nature of competition being offered. We reserve the right to make decisions based on the competition in question.

24.8 The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

24.9 The promoter will notify the winner when and where the prize can be collected/is delivered.

24.10 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

24.11 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [AUS] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

24.12 Entry into the competition will be deemed as acceptance of these terms and conditions.

25. VARIATION

25.1 We may revise these terms and conditions from time to time.

25.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

26. ENTIRE EGREEMENT

26.1 Subject to Section 18.3, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

26.2 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.3 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

27. GOVERNING LAW AND JURISTICTION

27.1 These Terms of Use are governed by Australian Consumer law and all disputes are subject to the exclusive jurisdictions of the courts of New South Wales, Australia. 

27.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.

 

28. STATUTORY AND REGULATORY DISCLOSURES

28.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

28.2 These terms and conditions are available in the English language only.

28.3 The section titles in these terms are for your convenience only and do not have any legal or contractual effect.

28.4 No waiver of any of these terms shall be of any force or effect unless made in writing and signed by one of our duly authorised officers.

28.5 Additive Free Marketplace will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control, including without limitation, acts of god, war, terrorism or technical difficulties.

29. WEBSITE DISCLAIMER

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after consuming any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider.

Because there is always some risk involved when changing diet and lifestyles, we are not responsible for any adverse effects or consequences that might result. Please do not apply the information on this web site if you are not willing to assume the risk.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website for any purpose.

In no event will we be liable for any loss or damage, including, without limitation, indirect consequential loss or damage arising out of or in connection with your use of this website or reliance on the information contained on the website.

Through this website you may be able to link to other third party websites which are not under the control of additivefreekids.com.au. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, additivefreekids.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.