In this Agreement:
- “Aloe Unique Australia”, “Us” and “We” means Aloe Unique Australia (ACN 997 970 083) of Locked Bag 2, Dunsborough, Western Australia 6281, Australia.
- “You” means the individual interacting with Our Website in order to view and agree to this Agreement.
In this Agreement unless stated otherwise:
- “ABN” has the same meaning as under the A New Tax System (Australia Business Number) Act 1999 (Cth);
- “ACL” means the Australian Consumer Law contained in Schedule 2 of the CCA;
- “Agreement” means this Agreement including the schedules thereto;
- “ASB Code” means a code issued by the Advertising Standards Bureau Ltd (ACN 084 452 666);
- “Business Day” means any day other than a Saturday, Sunday or a public holiday in the “metropolitan municipal district” under the Public Holidays Act 1993 (Vic).
- “Business Hours” means the hours of 8.30 am to 5.30 pm Perth time on a Business Day.
- “CCA” means the Competition and Consumer Act (Cth) 2010 and any regulations made under that legislation and as amended from time to time;
- “Corporations Act” means the Corporations Act 2001 (Cth) and any regulations made under that legislation and as amended from time to time;
- “Event of Default” in respect of a party means any of the following events occurring: a. the party does not comply with its obligations under this Agreement, and if the default is capable of rectification it does not do so within 14 days of receiving a notice to do so;
b. a representation, warranty or statement made or deemed to be made by the party under or in connection with this Agreement is untrue or misleading in any material respect;
c. the party ceases or threatens to cease to carry on its business;
d. an authorisation or licence from a government authority necessary to enable:
i the party to perform and observe their obligations under this Agreement or carry on their principal business or activity; or
ii the other party to exercise its rights under this Agreement, ceases to be in full force and effect.
a. it is unlawful for the party to perform or observe any of its obligations under this Agreement;
b. an event or series of events whether related or not, including, without limitation, any material adverse change in the property or financial condition of the party occurs which has or is likely to have a Material Adverse Effect; or
c. the party suffers an Insolvency Event;
- “Force Majeure” means any event or condition not existing at the date of this Agreement, not reasonably foreseeable as of such date and not reasonably within the control of any party, which prevents in whole or in material part the performance by one of the parties of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable, including (but not limited to):
a. war or warlike conditions, riot or civil commotion, terrorism, mobilisation, insurrections;
b. import or export bans, blockades or embargoes;
c. statutory or union contract reductions in working hours, strike or lockout or other labour conflicts; or
d. natural catastrophe, earthquakes, storms, floods, fires, epidemics;
- “Government Authority” means any governmental or semi-governmental or local government authority, administrative or judicial body, tribunal or court, department, commission, public authority, Minister, statutory corporation, authority or instrumentality.
- “GST” means any tax calculated by reference to the value of goods or services provided, calculated and levied at the point of sale or supply of the goods or services and includes GST within the meaning of that abbreviation in the GST Act;
- “GST Act” means A New Tax System (Goods and Services) Tax Act 1999 (Cth) and includes other GST related legislation and regulations under the legislation and as amended from time to time;
- “Indemnified Persons” means Us, Our Related Entities, and their officers, employees and contractors;
- “Insolvency Event” in respect of a party means any of the following events occurring:
a. the party stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
b. an administrator, receiver, receiver and manager, provisional liquidator or liquidator is appointed over all or any of the assets or undertakings of the party or any step preliminary to the appointment of an administrator is taken;
c. the party has a controller or similar officer appointed to all or any of its assets or undertaking;
d. an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting or an application to a court or other steps are taken (other than frivolous or vexatious applications, proceedings, notices or steps) for winding up or dissolution of the party, or for the party to enter into an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them;
e. the party is insolvent within the meaning of the Corporations Act;
f. the party is presumed by a court to be insolvent;
g. the party, being an individual, that person becoming an insolvent under administration as that expression is defined in section 9 of the Corporations Act or action is commenced to cause that circumstance to occur
h. in respect of You, an event that is equivalent to the events in paragraphs (a) to (g) under the laws of the jurisdiction of your residence or incorporation;
- “Intellectual Property” means all current and future registered and unregistered trademarks, trade names, business names, service marks, domain names, patents, inventions, processes, technical know how, slogans, logos, emblems, registered and unregistered designs, copyright and other intellectual property rights;
- “Material Adverse Effect” means a material adverse effect upon either:
the ability of the party to perform its obligations under this Agreement; or
the rights of the party upon or in relation to this Agreement;
- “Personal Information” has the same meaning as under the Privacy Act 1988 (Cth);
- “Publication” means a written publication, film, audio recording, all being in electronic downloadable format without any physical media;
- “Related Entity” means a related entity as defined by the Corporations Act 2001 (Cth);
- “Taxable Supply” has the same meaning as under the GST Act;
- “Tax Invoice” has the same meaning as under the GST Act;
- “Time of Purchase” means when We receive payment from You. You acknowledge that with certain means of payment (eg BPay), We may not receive payment for a number of days.
- “Website” means Our website at http://aloeunique.com.au;
- “Work” means a “work”, “cinematograph film” or “sound recording” as those words are defined under the Copyright Act 1968 (Cth).
- Words importing the singular are deemed to include the plural and vice versa;
- Headings and subheadings are inserted for convenience only and will not be used to interpret the text;
- Words denoting a natural person will include a corporation and vice versa;
- “Including” and similar words are not words of limitation;
- Words importing gender include every gender;
- References to any document (including this Agreement) are references to that document as amended, consolidated or supplemented from time to time;
- References to parties or to any party will include their or its respective successors, permitted assignors, executors and administrators;
- Any reference to a monetary amount is to an amount denominated in the lawful currency of Australia unless otherwise expressed;
- A reference to any legislation, regulation, code or local law includes any modification, re-enactment or substitution of it;
- If an act must be done on a specified day that is not a Business Day, it must be done instead on the next Business Day.
This Agreement is a legal contract
This Agreement is intended to create a legally binding contract between You and Us, on the terms set out herein.
Amending this Agreement
We may amend this Agreement from time to time by giving You notice at the time of logging into the Website.
You will be bound by the new Agreement if you indicate your acceptance at the time of logging in.
You will be bound by the new Agreement even if You have made Your log-in available to another person, and they have accepted the new Agreement. The other person will be considered Your agent for this purpose, and in giving that person Your log-in You will have authorised them to accept any new Agreement on your behalf.
- You must register in order to be entitled to make any purchases through the Website.
2. Registration is free, but is otherwise subject to the terms of this Agreement.
3. At the time of registration, You may be asked to opt in to or opt out of certain features. You can change your profile settings after registration.
- In order to validly register, You must provide Us with certain Personal Information that We request from You.
- Registration does not create any property rights or any right to use or post material on the Website.
Safeguarding Your log-in
- You are solely responsible for safeguarding Your log-in name and password. You are responsible and liable for any other person using Your log-in name and password to use the Website, and the provisions of this Agreement (including clauses 4.2(c) and 8.6) will apply to such use as if the use was made by You.
- You must notify us immediately if your log-in name and password are misused or become disclosed, so that We can provide You with a different password.
Use and postings
Use of Our Website
- In relation to material on the Website, You may:
- print the material;
- download and save the material in an electronic form, and print such material later.
- In relation to material on the Website, You may not:
- load the material onto another website;
- post the material in an Internet newsgroup;
- submit the material for the purpose of publication;
- reproduce or distribute the material in any way not expressly permitted in paragraph (1).
In relation to the Website, You may not:
- use any device, software, process or means to access, retrieve, scrape or index the Website or any material on the Website;
- use any robots, spiders or webcrawlers or similar devices with respect to the Website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that We deem, in Our sole discretion to be unreasonable or disproportionate site usage;
- use any content on, or index the Website for purposes of constructing or populating a searchable database of the material on the Website;
- pose as any person or entity or attempt to solicit money, passwords or Personal Information from any person;
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
Purchases through the website
- We may from time to time offer to sell You products through the Website.
- Such Publications are offered by Us in Our absolute discretion.
Purchase of Publications
- You must pay for any Publications at the time of purchase.
- We may make payment options available in Our absolute discretion, including:
by credit card;
Collection of Your personal information
- We may collect your Personal Information, including information about your usage of the Website, through the Website.
- We may retain such information indefinitely if We have reason to believe that Your conduct on or in relation to the Website may result in litigation between You and Us.
- The functionality of the Website requires that You enable cookies.
Use of Your personal information
We may use your Personal Information for the purposes of:
- sending you newsletters and survey requests;
- sending you advertising material, including advertising material from third parties.
Sharing your Personal Information
- We will not share your Personal information with third parties.
- We will not share your credit card, debit card or other banking details with any other person, other than solely for the purpose of processing payment for any purchases that You make through the Website.
- We may share non-identifying information about You and Your use of the Website with third parties, provided that such information does not constitute Personal Information.
- While We will use best endeavours to safeguard the Personal Information that We hold, We do not warrant that Your Personal Information will not be hacked into or otherwise accessed without Our permission and We will not be liable for such unauthorised access.
Notices in writing
Notices under this Agreement must be in English and writing.
How notices are given
- Notices under this Agreement may be given by email.
- We may give notices to You at the email address that You provided to Us at registration or subsequently.
- You may give notices to Us at Locked Bag 2, Dunsborough, Western Australia 6281, Australia.
When notices are deemed to be given
- Notices are deemed to have been received one hour after sending.
- If a notice is deemed to have been received under paragraph (1) outside of Business Hours, then the notice will be deemed to have been received at 8.30 am on the next Business Day.
Indemnity and liability
Our warranties to You
- We do not warrant the correctness of any information contained on the Website. Such information is intended as a guide only.
We do not warrant that the Website will be available 100% of the time, and You agree that, We will not be liable to You where the Website is unavailable from time to time due to:
- maintenance; or
- server or internet connection outages.
Our liability to You for decisions You make
- You acknowledge that the information contained on the Website is general in nature and does not constitute personal or medical advice.
- You agree to exercise Your own judgement in applying any of the information contained on the Website, and subject to clause 8.4, We will not be liable for any resulting loss, liability or cost that you may incur.
Our liability to You for third party conduct
Our liability to you – general
Except to the extent:
- that the exclusion, restriction or modification of certain conditions, warranties, liabilities and rights is prohibited by the ACL; and
- of any express warranty against defects,
- any conditions, warranties or rights implied to Your benefit by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible; and
- We will not be liable for any defects or damage caused in whole or in part by misuse, abuse, neglect, or accident;
- Our total maximum liability in relation to any goods is the amount paid by the You in relation to those goods.
Where the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Your remedy under Part 3-2 of the ACL, other than in respect of sections 51, 52 or 53, is limited to one or more of:
- the replacement of the goods;
- the supply of equivalent goods; or
- the cost of replacing the goods or of acquiring equivalent goods;
the cost of having the goods repaired.
Where any services supplied by Us are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Your remedy under Part 3-2 of the ACL is limited to one or more of:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Where We are deemed to be a “manufacturer” for the purposes of Part 5-4, Div 3 of the ACL, then where the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Company’s liability under section 274 of the ACL is limited to the lowest of:
- the cost of replacing the goods;
- the cost of obtaining equivalent goods;
- the cost of having the goods repaired.
The limitation in paragraphs (b), (c) and (d) above do not apply where You establish that the limitation is not fair and reasonable.
Your warranties to Us
- You warrant that all Personal Information that You provided to Us at the time of registration is wholly true and correct.
Your indemnity to Us
You agree to indemnify the Indemnified Persons against any loss, damage or cost arising from any claim made by other registrants or third parties arising out of your use of the Website, including with respect to any claim for defamation or breach of Intellectual Property rights.
If a Force Majeure arises so as to wholly or partly prevent or delay either party performing its obligations under this Agreement, the affected party will:
- not be liable for failing to perform this Agreement to the extent that it is prevented from doing so by the Force Majeure;
- use reasonable endeavours to remove the Force Majeure as quickly as practicable, but shall not be liable to settle any strike, lockout or other labour difficulty on terms not reasonably acceptable to that party; and
- notify the other party of the Force Majeure, its likely duration and the period (in that party’s opinion) of any consequent delays or other relevant events.
This Agreement and any orders made through this Website are subject to the laws, and exclusive jurisdiction of the courts and tribunals, of Western Australia, Australia and the federal courts and tribunals of Australia.
Determination of dispute
In the event of any dispute or claim arising under or related to this Agreement, Your use of the Website, Our use of the Website or any other person’s use of the Website, at Our sole discretion we may insist upon such dispute or claim being dealt with by commercial arbitration in Perth, Western Australia, Australia under the rules set down by the Commercial Arbitration Act 1984 (Vic) or its successors.
If any provision of this Agreement shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties’ intention when it was originally executed.
Counterparts and multiple originals
This Agreement may be executed in any number of counterparts and all of those counterparts taken together will be deemed to constitute the same instrument.
This Agreement shall be binding upon and enure for the benefit of the successors in title of the parties.
You may not assign this Agreement.
We may assign this Agreement by notice to you.