Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website is owned, operated and maintained by Vitalia Australia, hereafter referred to as “Vitalia Australia” or “we”.
We maintain this website as a service to our customers where you can browse, select and order goods and services. By accessing or using our website at www.vitalia.com.au (‘Website’) you agree to be bound by the Terms and Conditions as set out below. Please note these Terms and Conditions may be modified from time to time and you should regularly review them before accessing information or purchasing any goods or services available through the Website. Your use of the Website and our services constitutes your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not authorised to use the Website.
1. Acceptance of Agreement
1.1 You agree to the terms and conditions outlined in this Terms and Conditions of use (“Agreement”) with respect to our website www.vitalia.com.au (the “Website”). This Agreement constitutes the entire agreement between Vitalia Australia and you, and supersedes all prior agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by the Website and the subject matter of this Agreement. Vitalia Australia reserves the right to amend this Agreement at any time and without specific notice to you. Such variation(s) to the Agreement will become effective immediately upon publication or posting on the Website. Your continued use of the Website will constitute acceptance of the revised Agreement, and you should review this Agreement prior to using the Website.
2. Placing Orders
2.1 You may order goods and services by following the instructions on the Website. Any order placed through this Website is an offer by you to purchase the particular goods and services for the price notified (including the delivery and other charges, duties and taxes) at the time you place the order.
2.2 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website. You agree to provide us with current, complete and accurate details.
3. Acceptance or Cancellation of Order
3.1 We will use our best endeavours to supply orders placed through the Website. In certain circumstances we may need to reject or cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if the requested goods and services are not available or if there is an error in the price or the product description posted on the Website.
3.2 Each order placed through the Website that we accept results in a separate binding agreement between you and Vitalia Australia for the supply of those goods and services.
3.3 If we reject or cancel an order placed through the Website, then We will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. We will not charge you for any order that we reject or cancel.
4. Website Content
4.1 While we endeavor to take reasonable care in compiling and maintaining the information on this Website, the information on this Website is provided ‘as is’ and all warranties, express or implied are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). We do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge and accept that the Website content may include technical inaccuracies, errors, omissions and typographical errors. The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
4.2 We do not warrant or represent that the products or services advertised on the Website will be suitable for any particular purpose. You must investigate for yourself the suitability, quality, safety and condition of any goods or services advertised on the Website. To the extent permitted by law we disclaim all liability for loss or damage directly or indirectly arising from any errors or omissions in this Website or your use of or reliance on the Website and the Website content.
4.3 We do not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.
5.1 You waive, release, discharge and relinquish any and all claims that you have or may have against Vitalia Australia which are connected with, arise out of, relate to or are incidental to the use of the Website.
5.2 You agree to indemnify, defend and hold harmless Vitalia Australia, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate (‘those indemnified’) from and against any direct or consequential loss, costs, expenses (including legal fees), claims, damages, settlement, penalties, fines or other liabilities incurred or suffered by any of those indemnified which may arise out of your use of the Website or any breach by you of these Terms and Conditions, or from your violation of any applicable law.
6. Limitation of liability
6.1 To the maximum extent permitted by law Vitalia Australia excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website content and the use or performance of the Website.
6.2 Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded, Vitalia Australia’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
(a) in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods (not to exceed the purchase price you paid for the goods); or payment of the cost of having the goods repaired; and
(b) in the case of services, to resupply the services or payment of the cost of having the services supplied again (not to exceed the purchase price you paid for the services).
6.3 Notwithstanding anything else contained in this Agreement, Vitalia Australia’s maximum liability for all claims in the aggregate, shall be limited to the value of the price you paid to Vitalia Australia for the goods and/or services.
7. Intellectual property
7.1 All intellectual property (including but not limited to all rights in patent, copyright, trade names, trademarks, logos, designs, images or service marks, whether registered or registrable) in any material on the Website is the property of Vitalia Australia, its advertisers or third party providers. You must not reproduce, adapt, modify, display, perform or distribute any material or any part of any material without the express prior written consent from Vitalia Australia. Vitalia Australia does not grant you any intellectual property rights in this Website, its applications, interface or contents.
8. User and Eligibility
8.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displaced on the Website. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interface which may damage your computer system. Vitalia Australiatake no responsibility for any such loss or damage which may arise in connection with your use of the Website.
9. Delivery, Risk and Title
9.1 Vitalia Australia will use its best endeavours to deliver the goods to your nominated delivery address within the time period specified at the time of placing your order. However we will not be liable to you or anyone else for any losses suffered or incurred due to delay.
9.2 Subject to payment, property and risk in the goods passes to you upon delivery of the goods to your nominated delivery address.
10. Third Party Linked Websites
10.1 The Website may contain links to other websites operated, controlled or produced by third parties. Any linked websites are provided for convenience only. Vitalia Australia do not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. If you access any third-party linked websites, you do so at your own risk.
11.1 Any materials, suggestions, ideas, notes, concepts and other information you send to us from time to time (collectively, “Submissions”) will be deemed non-confidential and non-proprietary. We will be entitled to use any Submissions for any purpose without compensation to you.
13. Circumstances beyond our control
13.1 We will not be liable for any failure or delay in the performance of our obligations to you under this Agreement if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God, government action, or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.
14. Governing law
14.1 This Agreement and use of the Website is governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
15.1 Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
15.2 If any provision of this Agreement is held to be invalid, void or unenforceable that provision will be severed from this Agreement without affecting the enforceability of other provisions. The remainder of the Terms and Conditions will continue to have full force and effect.
15.3 You may not assign any of your rights or obligations under the Agreement without our prior written consent. You agree that we may assign our rights or obligations under the Agreement to a third party, at any time without notice to you.
15.4 A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any other power or right.