- Website terms and conditions
We, HAPPY LYFE CO PTY LTD (A.C.N. 644 113 404) (a Proprietary Company) own (‘the Website Owner’) and operate the website http://www.happylyfeco.com.au (‘the Website’). Access to and use of this Website is and the products and services available through this Website (collectively, ‘the Services’) are subject to the following terms, conditions and notices (‘Terms and Conditions’). By using the Services, you agree to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
- Amendments to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification and publication on this Website. Your continued use of the Website following such notification and publication will represent an agreement by you to be bound by the terms and conditions as amended.
- Website and Membership
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, we will provide you with a password and username. On registration, you agree to pay for our products and services as set out on our Website.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Our services are intended to be used by members within Australia only.
- Our contract
When you place an order via our Website, you will receive an acknowledgement e-mail confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of your order/subscription. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you, or that your order has been accepted. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- Pricing, availability and product description
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price, description or availability of any goods which we have advertised, we will correct the error straight away.
You acknowledge we do not make any of the goods or products we sell and they are supplied to us from third party suppliers. Therefore, to the extent permissible at law, we do not warrant the product descriptions, ingredients, content information, nutritional or allergen information of the goods we sell are accurate, complete, free from errors or current and you bear all risk in their consumption.
Delivery costs will be charged in addition to your order; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received and you shall be sent a receipt.
All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Post (without insurance) and can be tracked.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
Non delivery of goods must be reported to us as soon as possible.
- Receipt of goods
You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must notify us immediately. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by us within two (2) days after receipt of the goods by you.
This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clauses 10, 11 and 13 below.
- Refund policy
Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.
- Site Access
When you visit our Website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
- Limitation on claims
We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including but not limited to forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, pandemic, power outage, telecommunications outage, disruptions to postal/delivery services, industrial action and action or inaction by a government agency.
We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
Our liability for failure to comply with a consumer guarantee is limited to:
(a) In the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
(b) In the case of Services supplied by us, the supply of the Services again or the payment of the cost to the customer of having the services supplied again.
Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, our total liability for loss or damage of every kind, whether
(a) Arising pursuant to these Terms and Conditions; or
(b) Arising in any other way out of or in relation to the supply of the goods and/or our Services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or Services supplied pursuant to these terms.
- Disclaimer of liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
- Warranty disclaimer
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.
- Intellectual property
The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain our property.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
- Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
- Linked sites
This Website may contain links to other websites (‘Linked Sites’), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and service contained within each such site.
- Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
(a) You must not misuse this Website. You will not:
(i) Commit or encourage a criminal offence;
(ii) Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) Hack into any aspect of the Service, corrupt data, cause annoyance to other users;
(iv) Infringe upon the rights of any other person’s proprietary rights;
(v) Send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(vi) Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
The Website Owner has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Entire agreement
The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
- Governing law
These terms of service are governed by the laws in force in Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.