TERMS AND CONDITIONS
STANDARD CUSTOMER TERMS AND CONDITIONS
– www.additivekids.com.au is a website operated by Additive Free Kids Pty Limited is the trading name of Additive Free Kids Pty Limited ACN 132 954 039 (“we”, “us” and “our”).
1. Warranties and liability
In addition to the rights granted under section 4 above, the Seller provides you with notice of the following guarantee under the Australian Consumer Law:
a. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b. All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
c. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
d. If any guarantee term, condition or warranty is implied or imposed by law in relation into this agreement and the Seller is able to limit your remedy for a breach of such a provision, then the Seller’s liability for breach of that provision is limited to one or more of the following at the Seller’s option:
i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
e. To the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include: special, indirect, consequential, incidental or punitive damages; or damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
f. The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
2. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).
We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We may, but are not obligated to, remove any content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s copyright, trade marks or other intellectual property rights or these Terms.
We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
4. Website disclaimer
Welcome to our website. 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.
5. Health and Allergen Disclaimer
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 consume these products. Should you develop any symptoms or allergic reactions, discontinue use immediately.
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 our products, 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.
6. Copyright notice
This website and its contents are the copyright of additivefreekids.com.au – © 2021. Any redistribution or reproduction of part or all of the contents in any form is prohibited. All contents including, without limitation, text, materials, images, graphics, photographs, logos on this website (“Content”) are protected by copyright, trade mark and other intellectual property laws unless otherwise expressly indicated.
You are not permitted to modify, copy, reproduce, republish, upload, post, transmit or distribute this content in any way except as expressly authorised in writing by additivefreekids.com.au.
You may not, except with our express written permission, distribute or commercially exploit the Content. You may not transmit or store it on any other website or other form of electronic retrieval system.
a. Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
b. If any part of these Seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
c. These Seller terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
d. These Seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
e. The provisions of these Seller terms which by their nature survive termination or expiry of these Seller terms will survive termination or expiry of these Seller terms.
8. Buyer Warranties
You warrant that:
a. You are 18 years of age or older and able to form a legal binding contract;
b. You will manage and take over any claim by any advertiser, Seller or third party that may arise as a direct or indirect result of your use of our Services and this website.
You acknowledge and agree:
a. We are a facilitator only for the purposes of permitted Sellers to advertise and list their Products, except where it is our own Product and indicated as such
b. We are in no way responsible for, nor affiliated with any particular Seller beyond providing the Services;
c. We are in no way responsible for your choice of Product. All disputes, issues or complaints you may have are to be dealt with directly with the relevant Seller and we are not to be involved. You agree to indemnify us for any claim which may result directly from your action or inaction in this regard; and
d. We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
9. Governing Law
These terms are governed by the laws of the state of New South Wales Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.