LEGAL INFORMATION
ADDITIVE FREE KIDS GENERAL TERMS AND CONDITIONS
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 of PO Box 133, Darlington, Perth, Western Australia, Australia, 6070 (“Additive Free Kids” “us” “we”), who owns and publishes the website www.additivefreekids.com.au and other platforms and applications where www.additivefreekids.com.au can be accessed (the “Additive Free Kids Platform”); and
b) The Terms of Use constitute a legally binding agreement between Additive Free Kids and you.
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. COPYRIGHT NOTICE
3.1 All content that appears on the Additive Free Kids Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Additive Free Kids Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Additive Free Kids or by other parties that have licensed or otherwise provided their materials to Additive Free Kids. Reproduction of the Additive Free Kids Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.
4. HEALTH AND ALLERGEN DISCLAIMER
4.1 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.
4.2 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.
5. COMPETITIONS
5.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
5.2 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
5.3 No responsibility can be accepted for entries not received for whatever reason.
5.4 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.
5.5 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
5.6 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.
5.7 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.
5.8 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.
5.9 The promoter will notify the winner when and where the prize can be collected/is delivered.
5.10 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
5.11 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.
5.12 Entry into the competition will be deemed as acceptance of these terms and conditions.
6. VARIATION
6.1 We may revise these terms and conditions from time to time.
6.2 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.
7. ENTIRE EGREEMENT
7.1 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.
7.2 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.
7.3 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.
8. GOVERNING LAW AND JURISDICTION
8.1 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.
8.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
9. STATUTORY AND REGULATORY DISCLOSURES
9.1 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.
9.2 These terms and conditions are available in the English language only.
9.3 The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
9.4 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.
9.5 Additive Free Kids 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.
10. 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.