Welcome to our website https://alivebody.com.au/ (this
Website). The following terms and
conditions (Terms and Conditions) form a legal and binding agreement
between you and Al.ive Body Pty Ltd (ACN 635 011 960) (al.ive body). You acknowledge and agree that these Terms apply to your access to and use of, this Website and the Service. In accessing or using this Website and the Service, you acknowledge that you have read and understood, and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, then you must refrain from accessing and using this Website and the Service.
GENERAL TERMS AND CONDITIONS
and shall apply to you and your use of this Website.
2. Amendments to Terms and Conditions and changes to this Website or the Service
2.1 We reserve the right to:
(a) amend these Terms and Conditions; and
(b) make any changes to this Website or the Service as
considered by us necessary or desirable, at any time by us giving you notice (by email, if you are a Registered User, or by Posting it on this Website).
2.2 Any such amendments or changes will be effective immediately upon notification. The Terms and Conditions applying to your access and use of this Website and the Service may be different from your previous access and use of this Website and the Service and so we recommend you read these Terms and Conditions and the Trading Terms fully each time you agree to them during the ordering process and prior to making a new order. Your continued use of the Website
following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended
2.3 We will not change any terms and conditions (including these Terms and Conditions and the Trading Terms) for an existing order for
goods that has been accepted by us via the Service, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed the order via the Service.
3. Access, use and account
3.1 This Website and the Service are intended for personal use only and may not be sold, redistributed or used for any commercial purpose.
3.2 To access some parts of this Website and to use the Service, you may choose to become a Registered User. You may have limited access to browse and use certain features of this Website (including the Service) without becoming a Registered User. You must not permit any person on your behalf to access and use the Service and such other features of this Website that require you to be a Registered User.
3.3 To become a Registered User, you must provide us with your personal information (including, without limitation, your name and email address) and must satisfy such other criteria specified by us from time to time. To use the Service, you will be required to login using your user name and a password created by you.
3.4 You are responsible for maintaining the confidentiality of the password of your account details and keeping your account information accurate, up-to-date and complete.
4.1 By accessing and using this Website or the Service, you assume all risks associated with such access and use. To the fullest extent permitted by law, we do not represent or warrant that this Website or the Service generally available through this Website will be uninterrupted or error-free or defect-free or that errors or defects in this Website or the Service will be corrected. We do not represent or warrant to you that any electronic files available through this Website or the Service will be free of Harmful Code nor that your use of this Website and the Service will achieve
any particular result.
4.2 We reserve the right, at any time, to disable, close or render inaccessible this Website and the Service for so long as we desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur
as a result of such actions.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on this Website. To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur as a result of such activity (except to the extent caused or contributed by our negligent act or omission). You agree to immediately notify us of any
unauthorised use of your user name and password or any other breach of security of which you become aware. You must take your own precautions to ensure that the processes taken by you to access this Website and the Service do not expose you to the risks of Harmful Code.
6. Lawful use
6.1 You must use this Website and the Service for lawful purposes only and ensure that your access to or use of this Website and the Service is not illegal or prohibited by law. It is your responsibility to obtain legal advice in relation to compliance with all Applicable Laws in using this Website and the Service.
6.2 If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using this Website and the Service. We, nevertheless, reserve the right to only accept an order for goods via the Service from those aged over 18 years.
7. Misuse and interference
7.1 You must not:
(a) attempt to gain unauthorised access to this Website;
(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to this Website or the integrity or performance of the Service;
(c) disable any protection software associated with this Website;
(d) send or store, or cause or allow to be sent or stored, any Harmful Code;
(e) use any feature of this Website or the Service or any other means to send unsolicited commercial correspondence to Website Users, whether individually or as a group;
(f) solicit any business from any other Website User or buy or sell (or attempt to buy or to sell) products and/or services through the Website or the Service, unless otherwise agreed by us in writing;
(g) remove, modify, copy, adapt, store in retrieval system, reproduce, upload, post, transmit, sell, publish, disclose, frame or embed in another website or distribute in any way, any content (including, without limitation any copyright, trade mark or proprietary rights notices) contained
on or in this Website, except as expressly permitted by these Terms and Conditions, or otherwise approved by us in writing; or
(h) use this Website other than in accordance with these Terms and Conditions.
7.2 To the maximum extent permitted by law, we accept no liability for any Loss suffered or incurred by you arising from or in connection with any Website User's misuse of any User Content Posted by you on this Website (except to the extent caused or contributed by our negligent act
8. Prohibited User Content
8.1 You must not Post any User Content that:
(a) may infringe the rights of any other person, including without limitation Intellectual Property rights and using another's name, email, phone number or address without their permission;
(b) may defame another person;
(c) may disclose a person's confidential information;
(d) is not accurate, complete or current or may otherwise mislead or deceive other persons;
(e) may contravene your privacy obligations or any other person's privacy obligations;
(f) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
(g) is threatening, offensive or abusive or is intended or likely to threaten, offend or abuse another Website User;
(h) is otherwise, in reasonable our view, inappropriate.
9. Ownership of User Content
9.1 You acknowledge and agree that, upon Posting, all User Content is our property. To the extent that any Intellectual Property in and to the User Content belongs to you,
you unconditionally and irrevocably:
(a) assign to us all of your Intellectual Property in and to such User Content; and
(b)consent to use of the User Content by us in whatever manner we see fit (including, without limitation, where such use would
otherwise, in the absence of such consent, infringe any moral or authors rights under any laws), without compensation to you.
9.2 To the extent the Intellectual Property in and to any User Content cannot be assigned by law, you hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store,
distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to you.
9.3 You acknowledge and agree that you are solely responsible for any User Content Posted by you.
9.4 You represent, warrant and undertake to us that:
(a) all User Content Posted by you does not contravene any Applicable Laws;
(b) all User Content Posted by you does not infringe the Intellectual Property rights of any person;
(c) all User Content Posted by you will be free of Harmful Code; and
(d) all User Content Posted by you will otherwise comply with these Terms and Conditions.
10. Review and modification of User Content
10.1 We reserve the right to review User Content prior to publication on this Website or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where, in our opinion the User Content does not comply with these Terms and Conditions.
10.2 We do not undertake to monitor, moderate or otherwise review User Content and in the event that we do monitor, moderate or otherwise review User Content, we give no warranty or undertaking that such
actions will be complete or will be performed with due care and skill or on a regular or ongoing basis.
11. Information on this Website
11.1 Whilst we make all reasonable efforts to ensure the accuracy of the Materials, we do not warrant or represent the accuracy, completeness or suitability for your intended use of any information or Materials on this Website, including without limitation User Content and the Materials. You are responsible for your use of any information or Materials obtained from this Website. You should make your own enquiries to check if the information or Materials on this Website are accurate, complete and suitable for your intended use.
11.2 This Website may contain information or materials that include the views or recommendations of others that are not necessarily our views. In particular we do not endorse the views Posted by any Registered User. All User Content expresses the views of the relevant author and does not necessarily reflect our views or indicate our
support of, or commitment to, any matter, including a particular course of action. Moreover all User Content does not constitute advice by us or a recommendation by us as to a particular matter or course of action.
11.3 This Website may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for your convenience. Such links are not under our control and we are not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.
12. Online Orders
12.1 You should read and understand our Trading Terms, which are set out on this Website at https://alivebody.com.au/policies/terms-of-service.
12.2 You hereby acknowledge and agree that any order placed by you for goods via the Website and the Service:
(a) is subject to our Trading Terms; and
(b) represents an offer by you to purchase such goods at the price (plus the relevant delivery charges) specified on this Website at the time of placing your order, and on the terms set out in these Terms and
13. Our database
By ordering goods, participating in one of our competitions and/or engaging with an offer or promotion via the Website and the Service we may add you to our database. From time to time we may contact you (via one or more mediums including mail, telephone and/or email) about offers and new products. You can opt out of any further marketing communications from us by unsubscribing via a link which will be provided on all correspondence that we send to you via email or telephone, or by putting a request in writing to us.
(a) your access to, or use of, the Service, this Website, any User Content or any linked site;
(b) any change in content of this Website or the Service;
(c) any decision or action taken by you in reliance on any information or materials on this Website or the Service; or
(d) the availability of this Website and the Service or any error or defect in this Website or the Service.
15. Guarantees, implied terms and limitation of liability
15.1 Subject to the non-excludable provisions of the Australian Consumer Law, and to the maximum extent permitted by law, any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise apply to, or be implied in, these Terms is hereby excluded.
15.2 Where the Australian Consumer Law or any other law implies in these Terms and Conditions any guarantee, condition or warranty, and that law avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee,
condition or warranty, to the maximum extent permitted by law, our liability for any breach of such guarantee, condition or warranty shall be limited, at our option, to one or more of the following:
(a) if the breach relates to goods:
(1) the replacement of the goods or the supply of equivalent goods; or
(2) the cost of replacing the goods or of acquiring equivalent goods; and
(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.
15.3 You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
16.1 You agree to indemnify, and keep indemnified, us and our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:
(a) any User Content Posted by you;
(b) any decision or action taken by you in reliance on any information or materials on this Website and any linked site;
(c) any breach of these Terms and Conditions by you;
(d) any wilful misconduct by you;
(e) any negligent act or omission by you, except to the extent that such Loss is caused or contributed to by the unlawful or negligent acts or omissions of those indemnified.
17. Trade marks
17.1 Trade marks used on this Website (including the Service) are our trade marks (registered or unregistered) or trade marks of third parties. If you use any trade marks
owned by us, in reference to us, this Website or the Service, you must include a statement attributing that trade mark to us. You must not use any of our trade marks or trade marks of third parties featured on this Website:
(a) in, or as the whole or part of, your own trade marks;
(b) in connection with any business, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive to any person; or
(d) in a manner that disparages us, the third party owners of the trade marks, this Website or the Service.
18.1 All copyright in the Materials (including, without limitation, text, graphics, logos, and icons) is owned by us or third party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these Terms and Conditions, you may not, in any form or by any means:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
(b) commercialise the whole or any part of the Materials without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
19. Force majeure
We accept no liability for any delay or
failure to perform our obligations under these Terms and Conditions if such a delay or failure is due to circumstances beyond our reasonable control.
20. Linking to this Website
20.1 You may only insert a link to this Website if:
(a) the link is presented in a way which fairly represents our business and this Website and does not disparage us;
(b) the context in which you insert the link does not give visitors the impression that the relevant site, or business, is sponsored or endorsed by us, or otherwise affiliated with us;
(c) the source of the material on the relevant site is clear, including without limitation by ensuring that the context of the link does not suggest that we have created any of the content on that site; and
(d) the link opens in a new window, and not in the navigation of the relevant site.
21.1 We may suspend your access to this Website, or terminate this agreement and your access to this Website (and any orders for our products placed by you with us by virtue of your use of this Website) for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these Terms and Conditions.
21.2 Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
22.1 If any provision of these Terms and Conditions is deemed invalid, void, voidable or unenforceable that part will be read-down, limited or, if necessary, severed from these Terms and Conditions to the extent necessary to make it not invalid, void, voidable or unenforceable and the remainder of these Terms and Conditions will continue in full force and effect.
22.2 These Terms and Conditions shall be governed by and constructed in accordance with the laws of the state of South Australia. You agree to submit to the non exclusive jurisdiction of the courts of the state of South Australia, Australia and the courts which hear appeals from them.
22.3 Any waiver or relaxation, in whole or part, of any rights available to us under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
22.4 Nothing in this agreement shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon us in respect of your use of this Website.
In these Terms and Conditions, unless the context otherwise requires:
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to your use of, and access to, this Website and the Service and the Posting of any User Content on this Website and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.
Harmful Code means any computer virus, malware, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Loss means loss or damage of any kind (including liability to a third party).
Materials means any content made available by us via this Website (including but not limited to information, data, documents, prices, images, photographs, graphics, audio, videos, or webcasts).
Post, Posting, Posted means to make available information and/or other materials on this Website.
Registered User means a Website User registered with the Service via the creation of an account.
Service means the provision by us of any services via the Website, including without limitation the “al.ive body” e-commerce platform, the “al.ive body” rewards program and other benefits by us through this Website for the use of persons who are granted access to this Website from time to time.
Trading Terms means the terms and
conditions which apply to all purchases of products from us and to the shipping and returns of such goods which are set out on this Website at https://alivebody.com.au/policies/terms-of-service and https://alivebody.com.au/pages/shipping-and-returns, respectively.
User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to us, or posted on this Website, by a Website User.
we, us, our means al.ive body and all related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)) of al.ive body.
Website User means any person who has access to, or uses, this Website.
you, yourself, your means any person who is a Website User.