- These terms of purchase (Terms) govern your use of www.liveyellow.com.au (Website) and your purchase of any products (Products) from Live Yellow Pty Ltd (ACN 167 763 260) trading as Live Yellow (us/we).
- By using the Website and/or purchasing the Products you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Website or purchase the Products. The Terms constitute the entirety of the terms and conditions of use with respect to the Website and the Products unless otherwise expressly allowed for in writing by us
- We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Website or the Products, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Website and the Products periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Website and/or the purchase by you of the Products constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Website or purchase the Products.
By using the Website and/or purchasing the Products, you, at all times:
- warrant that your use of the Website and/or your purchase of the Products do not violate any applicable laws;
- confirm that you have elected to use the Website and/or purchase the Products of your own free will;
- acknowledge that your use of the Website and/or purchase of the Products may result in data usage charges from your mobile or internet provider;
- acknowledge that your use of the Website and/or purchase of the Products may provide access to, and interaction with, third parties and their content, messages, images, or other materials;
- will always use the Website in a respectful, inoffensive and courteous manner;
- agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Website and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;
- agree to maintain the security of your password;
- use the Website and/or purchase the Products at your own risk;
- warrant that you are purchasing the Products for your own consumption and use;
- warrant that you are not allergic to, or otherwise unable to consume, any Products that you have purchased;
- agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
4. Sale And Purchase
- In order to purchase any Products, you agree to pay us the prices that we have allocated to those Products, as well as any postage prices that are displayed on our Website, by using the checkout process on the Website. All prices on the Website are in Australian Dollars (AUD) and, unless otherwise stated, include GST. We reserve the right to vary the prices displayed of the Products at any time, in our absolute discretion, without notice to you.
- We may accept payment via Paypal and/or credit cards, including Visa and Mastercard. When making credit card payments using the Website, we use Stripe to ensure that your information is kept safe and secure.
- The information on the Website constitutes an invitation to treat, and your offer to purchase any Products will not be accepted by us until your payment for the Products has been successfully processed, we have received your payment in cleared funds, and you have received a confirmation email from us, which will confirm the Products that you have nominated to purchase (your Order).
- You acknowledge that any election by you to purchase the Products from our Website is an election to purchase these Products on an ongoing basis (Subscription).
- In relation to your Subscription, you may elect:
- how many days per week you require, not to be less than two (2) days per week; and
- how may meals per day you require, not to be less than one (1) meal per day.
- You agree and acknowledge that:
- we will charge you weekly in advance for the costs of the Products that we provide to you pursuant to your Subscription;
- your Subscription has a recurring payment feature and you agree to us charging you for these payments without further authorisation from you for an indefinite period until your Subscription is cancelled; and
- we may vary the price of your Subscription at any time without notice to you. In this regard, you must regularly check the prices of the Products displayed on the Website and you may elect to cancel your Subscription if you do not agree to any variations in the price of the Products.
- If you wish to cancel, vary or freeze your Subscription, you may do so in your account dashboard on the Website. You acknowledge that we will have to process your request and that we will send you a confirmation email which will advise the date from which your request will take effect. In the event that you do not receive this notification within two (2) hours of completing the request, please contact us at 1300 865 483. You release us from all liability in respect of any delay in processing your request.
- In the event that you wish to freeze your account, you acknowledge that the maximum period of time for such suspension is eight (8) weeks and that after this time frame has expired, your Subscription will automatically reactivate and we will resume deducting payments from you for any Products supplied to you pursuant to this Subscription.
- We reserve the right to not renew your subscription for any reason and at any time, in our absolute discretion.
6. Shipping & Delivery
- You acknowledge that we are only able to deliver/supply the Products to certain areas, which are confirmed during the sign-up process on the Website. You release us from any liability arising out of our failure to deliver to an address outside of these areas.
- We will deliver your Order to the address that you provide to us, and you agree that ownership of, and risk relating to, the Products passes from us to you as soon as the Products are delivered to your nominated address. We will only accept risk in relation to the Products after this point in the event that we agree, in writing, in our absolute discretion, to take on that risk until the Products are delivered to you.
- During the ordering process, we will advise you of a delivery date for Your Order. In the event that you do not receive your Order within this time, you must notify us via email, at which point we may assist you to locate your Order, in our absolute discretion. We will not be liable for any costs, damages or losses caused by or related to the postage of your Order, or the timing of the delivery of your Order.
7. Cancellation, Returns And Refunds
- We reserve the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event, we will provide with a credit note in the amount of those Products within a reasonable time.
- Notwithstanding the remainder of these Terms, we accept returns and/or provide refunds for Products in compliance with any applicable legislation. You may not return Products if:
- you change your mind; or
- the Products are not suitable for return or spoil quickly
- In the event that you are entitled to a return a Product, due to some fault or mistake in relation to the Product:
- you will need to contact us within one (1) day of receiving the Product. You can contact us via the email address or telephone number that are listed on the Website; and
- we will provide you with a credit note to the value of the Product. If you would prefer a refund, you must immediately notify us.
- We will not be liable for any costs that you incur, including but not limited to postage costs, in order to return the Product to us.
8. Vouchers and Gift Cards
- We may provide discount vouchers and/or gift cards (Voucher), to be used in relation to the purchase of Products, in our absolute discretion.
- The Voucher may only be used once, and we may elect to apply additional terms to the use of the Voucher, including but not limited to eligibility criteria, value of the Voucher, expiry dates and Products to which the Voucher applies, in our absolute discretion.
- The Voucher may only be redeemed through the Website and you will be required to enter your unique code at the online checkout in order to use the Voucher.
- We will not be liable for any loss, damage, costs or injury suffered in relation to any Voucher.
You agree and acknowledge that:
- the Products have not been sold to you by way of sample;
- no representations have been made as to the fitness or suitability of the Products for any purpose, including but not limited to weight loss or general health; and
- you have not made any representations to us regarding the purpose for which you intend to use the Products.
- You acknowledge that we may use the information that you provide on the Website in order to suggest Products that may be appropriate for your consumption. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Products. You release us from all liability in this respect
- You can elect to participate in the “positivity program” on the Website, which you acknowledge will provide you with access to Our Content (as defined in clause 14). You acknowledge that these materials are for informational purposes only and you release us from all liability in respect of your reliance upon any or all of this information.
11. Your Content
Your use of the Website and/or any other digital platforms associated with the Website or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:
- grant us and our Related Entities (as defined in the Corporations Act (Cth) 2001) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
- acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
- acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;
- grant us and our Related Entities (as defined above) and sublicensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;
- represent and warrant that:
- you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the Website;
- Your Content is accurate and not misleading; and
- your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity
- grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;
- you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights; and
- agree that we may use Your Content, in whole or in part, for our own commercial purposes
When accessing or using the Website, you must not, at any time:
- use the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
- use the Website in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined below);
- use or attempt to use another user’s account without authorisation
- harass, abuse, intimidate, bully, or otherwise offend any other user of the Website;
- violate any legislative, common law or equitable rights of any third parties
- send any of Your Content which:
- contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
- impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
- encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;
- is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- contains viruses, corrupted data or other harmful, disruptive or destructive files; or
- in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our Related Entities or its users to any harm or liability of any type.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
- modify, discontinue, temporarily or permanently, your access to the Website in whole or in part,
- assign our interests outlined in these Terms;
- run advertisements and promotions on the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or
- freeze or terminate your access to the Website without prior notice to you.
14. Our Content
- Except as otherwise expressly indicated by us in writing, the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website, including, without limitation, the logo and all designs, text, recipes, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Website and all of Our Content is copyrighted - (C) 2014 Live Yellow Pty Ltd trading as Live Yellow All Rights Reserved.
- We own all intellectual property rights in relation to the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
15. Limited Licence
We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the Website and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us. In using this licence, you must not:
- use Our Content other than for its intended purpose;
- distribute or display Our Content without our prior permission;
- modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
- use Our Content for any commercial use; or
- copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Website, including all page headers, custom graphics, button icons and scripts.
- To request permission for uses of Content not included in the foregoing licence, you may contact us by email to:
Website and/or the Website Administrator Live Yellow email@example.com
16. Copyright Complaint Policy
Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address: firstname.lastname@example.org
17. Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.
19. Warranty Disclaimer
- Except as expressly provided to the contrary in writing by us, or the Website, the materials contained therein and the Products are provided on an "as is" basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Products, information, content and materials on the Website and/or the Website. We do not represent or warrant that materials in the Website are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Website and/or the Website, the Website and/or the Website content or any portion thereof.
- We are not responsible for typographical errors or omissions relating to Products, availability, pricing, text or imagery. In the event that any information displayed on the Website is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to stock, availability, pricing, delivery times, or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, we will refund (or provide you with a credit note) in relation to the amounts that you have paid to us for the applicable Product.
- While we attempt to make your access to and use of the Website safe, we cannot and do not represent or warrant that the Website or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized Website to detect and disinfect viruses from any download or use of the Website and/or the Website.
20. Health Information Disclaimer
- All of Our Content, including but not limited to the information relating to health, medical and health conditions, products and treatment, is provided in summary form and is in no way intended to constitute professional or medical advice. Before relying upon this information or using any Product, you must first consult with a health care professional. You should not use the information on the Website for diagnosis or treatment of any health problem. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.
- The Products that we suggest for your consumption are merely suggestions. In the event that you do not wish to consume the Products that we suggest, then please contact us, via email or telephone, to arrange your purchase of alternative Products.
21. Limitation Of Liability
- We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Website and the Products, except for the Statutory Rights.
- You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our related entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Products, your use of the Website, our content or the materials contained in or accessible through the Website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Website and/or the Website content, or allegations that we has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Website. You use the Website at your own risk and purchase the Products at your own risk.
- Without limitation of the foregoing, neither us nor our related entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Products, the use of the Website, the content or the materials contained in or accessible through the Website, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
- In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website and/or the Website exceed any amount that you pay to us, if any, for the purchase of the applicable Product.
- We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
23. Applicable Law And Venue
The Website (excluding third party Website) is hosted in Sydney, Australia. While we have made no effort to publish the Website elsewhere, the Website is accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating the Website will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that we have the right to send you certain information in connection with the Website and/or the Products. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Website or with any subdivisions of the Website such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Website, you agree that you will have, or have access to, the necessary Website and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
27. Questions And Comments
If you have any questions regarding these Terms, the purchase of the Products or your use of Website, please submit them to us, using the email address, email@example.com.
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