Website Terms of Use

These Terms of Use (“Terms”) govern your use of our website located at www.bundaberghealthfoods.com.au (“Site”) and form a binding contractual agreement between you (the user of the Site) and us (Bundaberg Health Foods). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by telephone on (07) 4151 5187 or email bundyhealthfoods@bigpond.com.

By using the Site you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1.0 Licence to use Site

1.1       We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.

1.2       You may access and use the Site for your own personal, non-commercial use, provided you do not remove any copyright and trade mark notices contained on the material. The materials on this Site are the subject of copyright protection. You are only permitted to download, display, print or reproduce the materials in unaltered form for personal use, non-commercial use, research or study. Any other use is prohibited.

1.3       Unless permitted in these Terms, you must not (in any way) modify the Site. Where permitted to add content to the Site, you must not add any content:

(a)        unless you hold all necessary rights, licences and consents to do so;

(b)        that infringes the intellectual property or other rights of any person;

(c)        that would breach any law, regulation, rule, code or other legal obligation; or

(d)        that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, discriminatory, in breach of confidence or in breach of privacy.

1.4       The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. If you choose to visit any third party websites you do so at your own risk. We assume no responsibility and accept no liability for the condition or content of websites that may be linked to or accessed from the Site.

1.5       You acknowledge and agree that:

(a)        you use this Site at your own risk;

(b)        the information on this Site is provided for general information purposes only; it should not be used for diagnosing or treating a health problem and should not be substituted for professional health care; please consult your health care provider if you wish to obtain nutritional advice specific to your personal health care needs;

(c)        the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);

(d)        we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site or its content at any time in our sole discretion without further notice to you;

(e)        we may gather and process the information:

(i)          which you may provide when accessing the Site, such as your name, address, e-mail address and other personal information about you; and

(ii)        regarding the way in which you use the Site including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Site.

2.0 Intellectual Property Rights

2.1       Nothing in these Terms constitutes a transfer of any intellectual property rights (including, but not limited to, all rights in respect of copyright, trademarks, patents, designs and confidential information). You acknowledge and agree that we own all intellectual property rights in the Site. No material on this website can be reproduced, adapted, distributed, stored in a retrieval system or transmitted without our prior written consent.

2.2       By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.3       You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 2.2.

2.4       The licence in clause 2.2 will survive any termination of these Terms.

3.0 On-Line Purchases

3.1       Customer Application: you must complete a customer application before placing an order for goods with us. You warrant that all information and data provided by you in the customer application is accurate, complete and up-to-date. You must promptly inform us if there is a change to this information or data.

3.2       Packaging and Labelling of Goods: we aim to include in the product list up-to-date pictures of the goods. At times, the picture of the goods on the product list may differ from the goods actually supplied to you. We do not warrant the accuracy of the information contained in the product list and recommend that you read the labels on goods carefully before using the goods.

3.3       Out of Stock and Substitution: we do not provide rainchecks in respect of goods ordered by you. When completing your order, you will be invited to select a substitution option in respect of goods that are out of stock. We will use our best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. We reserve the right to limit the sale of goods to reasonable household quantities.

3.4       Pricing and Placing Orders: despite our best efforts, items may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will (at our discretion) either contact you for instructions before shipping or cancel your order and notify you of the cancellation refunding your payment. You must place an order with us by selecting goods and pressing the “Submit Order” button. Orders are deemed to be received by us at the time of successful transmission of the order. We cannot confirm the price of an item until you order. You must pay for the goods at the time you place the order and we will process your payment through PayPal. The payment will be processed as we prepare the order for delivery. If the payment is declined by your financial institution, we will not proceed with delivery and may contact you to make alternative delivery and payment arrangements. If the order is cancelled or refunded, the refund will be processed within seven (7) business days.

3.5       Delivery, Risk and Title in Goods: orders are packed with care and sent by Australia Post. Risk of loss and title for goods pass to you upon our delivery to Australia Post. As deliveries may require a signature, a daytime address where a signature can be obtained is required. We are not responsible or liable for errors by Australia Post.

3.6       Returns, Credits and Refunds: we will not refund if you have ordered the wrong product or if you have changed your mind after the order has been shipped. If there was an error on our part or the goods are faulty, you must inform us of any error by us within two (2) working days of receipt of the order, in which case the goods will be replaced at no extra charge to you, or a refund will be given within two (2) working days of being notified.

4.0 Liability

4.1       This Site is provided on an “as is” basis. While we have used our best endeavours to ensure that the information on the Site is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.

4.2       These Terms are to be read subject to any laws that prohibit or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such laws apply, to the full extent possible, we limit our liability in respect of any claim to, at our option:

(a)        for goods: the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods; and

(b)        for services: the supply of the services again or the payment of the cost of having the services supplied again.

4.3       To the full extent permitted by law:

(a)        we exclude all representations, warranties or terms (whether express or implied) with respect to this Site and its content, other than those expressed in the Terms;

(b)        we exclude all liability for any direct, indirect, incidental and/or consequential loss resulting from your use of this Site, including but not limited to loss of opportunity, lost revenue, lost profits, interruption of business, loss of data and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus;

(c)        you agree to indemnify and keep us indemnified in respect of any claim, liability, loss, damage, cost (including legal costs) or expense which we may suffer or incur as a direct or indirect result of your negligent act or omission with respect to your use of the Site (or any part of it) or the violation of these Terms by you;

(d)        in any event, we are not to be liable for default or failure in performance of our obligations pursuant to these Terms resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of supply, labour or transportation or any other cause beyond our control.

5.0 Termination

5.1       We may terminate these Terms immediately if you have breached these Terms in any way. Without limiting the operation of any other terms and conditions herein, we will not be held liable for loss or damage arising from exercising our rights. Any indemnities given by you and limitations on our liability will survive such termination.

6.0 General

6.1       You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

6.2       If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining terms.

6.3       Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.

6.4       This Agreement is governed by the laws of Queensland, Australia, and each party submits to the jurisdiction of the courts of Queensland.