INFLOW OFFICIAL- Nutrition

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Terms & Conditions

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THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

ACCEPTANCE OF TERMS OF SERVICE

These Terms of Service (collectively, the “Terms”) are entered into by and between you and  Inflow Official, an Australian corporation (the “Company,” “we”, “us”, and/or “our”). The Terms govern your website use – https://inflowofficials.com/ – and any other website or mobile application (collectively, the “Website”) we operate. The Website provides a communication structure to connect persons and third parties who provide information and retail services related to products containing hemp-derived cannabidiol a/k/a CBD (“Products”).

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. You must not access or use the Website if you do not want to agree to these Terms or the Privacy Policy.

You may be subject to additional terms for some of our services. These additional terms may be posted on the Website from time to time, including, without limitation, our Privacy Policy.

CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms occasionally at our sole discretion. We will post any changes we make to these Terms on this page. If we make any material changes, we will notify you on the Website, via email, or by other reasonable means. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

The date these Terms were last revised is at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you and for periodically visiting our Website and these Terms to check for any changes. To avoid doubt, your continued use of the Website following the posting of revised Terms means that you accept and agree to any and all changes.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

By using the Website, you represent and warrant that you: (i) have the right, authority and capacity to accept these Terms, (ii) do accept these Terms, and (iii) agree to abide by the Terms.

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Make all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
  • Guarantee that all content, messages or other materials you upload, publish, display, email, or otherwise use via the Website comply with these Terms and applicable laws.

You may be asked to provide certain registration details or other information to access the Website or some of its resources. It is a condition of using the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We reserve the right to limit usage of the Website to any person, geographic region, or jurisdiction, and we may exercise that right on a case-by-case basis. We may limit any individual’s use of the Website. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Using the Website, you represent and warrant that you are at least eighteen (18) years old. If you reside in a jurisdiction that restricts the use of the Website because of age or restricts the ability to enter into agreements such as this one due to age or other restrictions, you must abide by such age limits or other restrictions and not use the Website.

COMMUNICATIONS

By using the Site, you expressly consent and agree to accept and receive communications from us and/or third-party Retailers that you transact with, including via e-mail, text message, calls, and push notifications to a cellular telephone number you provided to us. By consenting to be contacted, you understand and agree that you may receive communications generated by an automatic telephone dialling system and/or which will deliver prerecorded messages sent by or on behalf of us and our affiliated companies, including but not limited to operational communications concerning your use of the Website, updates concerning new and existing features of the Website, communications concerning promotions run by us or Retailers, and news concerning us and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY THE FOLLOWING UNSUBSCRIBE OPTIONS on our website. Standard text messaging charges from your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Website. However, you acknowledge that opting out of receiving text messages or other communications may impact your website use.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us. The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

RETURNS POLICY

Products can be returned within 30 days of purchase, unused and undamaged. Products being returned must be well packaged and be accompanied by purchase information including customer name, customer address, customer email, customer phone number, date of purchase and order number. 

Returns should be sent to 46 Angelique Grove, Albavale, Melbourne, Victoria 3021.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

DISCLAIMER

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Australia and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. 

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws of your state about hemp-derived CBD).
  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the
  • Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the
  • Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blog posts, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, upload or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards in these Terms.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers. Each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that the material you post violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of the Website. User Contributions must comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and have implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. We will respond to valid notices of copyright infringement and reserve the right to terminate or suspend access to any or all parts of the Website to anyone who, in our opinion, infringes copyrights or other intellectual property rights of others. If you believe any content posted or made available on the Website infringes your copyright rights, you may send a written notice of infringement to [email protected] or 46 Angelique Grove, Albavale, Melbourne Victoria 3021. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Website (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

LINKS FROM THE WEBSITE

All links from the Website to other sites and resources provided by third parties, including Retailers, are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or any loss or damage arising from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to such website’s terms and conditions of use.

ACKNOWLEDGMENT OF THE LAWS OF YOUR RESIDENCY

The Company operates the Website within Australia. The Company makes no representation that the Website and its content are appropriate or available for use in other locations. Software from the Website is further subject to Australian export controls. Software from this Website shall not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries subject to Australia. export restrictions, or (ii) to anyone on the Australia Treasury Department’s list of Specially Designated Nationals or the Australia Commerce Department’s Table of Deny Requests. By accessing or using any part of the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. In all events, you must abide by and follow the laws of the state where you reside. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state of your residency.

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, THIRD-PARTY SOFTWARE AND CONTENT, THE PRODUCTS, AND ANY SERVICES THAT MAY BE PROVIDED BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD-PARTY PRODUCTS, RETAILERS OR OTHER SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU IS SOLE WITH YOU.

THE COMPANY DOES NOT MANUFACTURE, CONTROL OR SELL ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH OUR WEBSITE. THE AVAILABILITY OF PRODUCTS OR SERVICES THROUGH OUR WEBSITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, RETAILER OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES DISPLAYED ON OUR WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY, ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY RETAILER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE, EVEN IF THE COMPANY, ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO THIRD-PARTY RETAILERS TO FACILITATE PRODUCTS SALES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY RETAILERS, AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY RETAILERS. YOU ACKNOWLEDGE THAT THIRD-PARTY RETAILERS PROVIDING PRODUCTS OR SERVICES REQUESTED THROUGH THE COMPANY MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND ANY THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING MATERIALS DISPLAYED ON THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE QUALITY OF THE RETAIL SERVICES FACILITATED IN CONNECTION WITH THE USE OF THE WEBSITE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY RETAILER WHO ULTIMATELY PROVIDES SUCH RETAIL SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO A RETAILER THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK.

INDEMNITY

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, parent and subsidiaries, and their respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, any other party’s access and use of the Website with your Website account credentials (username, password), your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

INTERNET DELAYS

The Website may be subject to limitations, delays, and other problems in using the Internet and electronic communications. We are not responsible for delays, delivery failures, or other damage from such problems.

GOVERNING LAW AND JURISDICTION RELATING TO OUR WEBSITE

This Website is operated from Australia. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule (whether of Australia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Australia.

STEPPED DISPUTE RESOLUTION AND BINDING ARBITRATION

You hereby agree that any claim or controversy arising out of, relating to, or in connection with your use of the Website or these Terms or the breach, termination or validity thereof (“Dispute”) shall be settled through the use of the stepped dispute resolution procedures as follows:

  • Negotiation: You and Company shall attempt in good faith to resolve any Dispute promptly by negotiation between representatives with proper authority to settle the Dispute. Either party may give written notice of a dispute (“Notice of Dispute”). Within fifteen calendar (15) days after the delivery of such notice, the receiving Party shall submit to the other a written response. The notice and response shall include (1) a statement of that party’s position, (2) a summary of arguments supporting that position, and (3) the name and title of the executive who will represent that party, as well as any other person who will accompany the representative. The parties’ representatives shall meet at a mutually acceptable time and location to attempt to resolve the dispute within forty-five (45) days after delivery of the initial notice. If negotiations fail to resolve the dispute after forty-five (45) calendar days or do not occur, the parties shall move directly to mediation. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
  • Mediation: Any and all Disputes not resolved through negotiation within forty-five (45) days after delivery of the Notice of Dispute shall be submitted to mediation. The parties shall select a mutually agreeable mediator and a mutually agreeable time and location for the mediation within ninety (90) days after the initial Notice of Dispute. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Each party shall pay its own costs for the mediation regardless of the outcome.
  • Binding Arbitration: If any Dispute has not been resolved by mediation as provided herein within ninety (90) days after the initial Notice of Dispute, it shall be submitted for binding arbitration. A single arbitrator shall be jointly selected, and arbitration shall be conducted using the institutional rules of a mutually agreeable arbitration provider. If the Parties cannot mutually agree upon an arbitration provider, they shall submit their Dispute to the Australian Centre for International Commercial Arbitration (“ACICA”) for arbitration, and an arbitrator shall be selected according to that tribunal’s rules. The award of the arbitrator shall be final and binding on the Parties. In furtherance of an economical resolution to any dispute, the parties hereto agree that in any arbitration, each party will be limited to three (3) depositions, ten (10) requests for the production of documents (inclusive of sub-parts), thirty (30) interrogatories, and ten (10) requests for admission. There will be no transcript taken of any arbitration proceeding. The arbitration tribunal shall have the authority to render final judgment on any Dispute brought before it, including interpretation and application of this Agreement and determining whether a particular Dispute is arbitrable. The scope of the arbitrator’s authority shall include the authority to interpret and apply the meaning of this paragraph. Each of the Parties hereby waives any and all rights of appeal. Judgment upon the award rendered by the arbitrator may be entered in any state court having jurisdiction thereof. If, and only if, no state court has jurisdiction, then the award rendered by the arbitrator may be entered in any federal court with jurisdiction.

If any provision of this dispute resolution provision is found unenforceable, the unenforceable provision will be severed, and the remaining terms will be enforced.

ASSIGNMENT

You may not assign these Terms without our prior written consent, but we may freely assign or transfer these Terms, in whole or in part, without restriction. Attempts by you to assign these Terms without our prior written consent shall be void.

NO WAIVERS

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

NOTICES

  • To You: We may provide any notice under these Terms by: (i) sending a message to the email address you provide or (ii) posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  • To Us: To give us notice under these Terms, you must contact us as follows: (i) by email transmission to [email protected]; or (ii) by personal delivery, courier, or registered or certified mail to 46 Angelique Grove, Albavale, Melbourne Victoria 3021. We may update the email address or physical address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

SEVERABILITY

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, then the parties nevertheless agree that the court should endeavour to give effect to the party’s intentions as reflected in the provision and all other provisions of these Terms shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms and our Privacy Policy govern your use of the Website and will be deemed the entire agreement between you and the Company on the matters contained herein.

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