Terms of Service

Overview

This website is operated by Fresh Feels Co Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Fresh Feels Co Pty Ltd. Fresh Feels Co Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features or tools which are added to the current store will also be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your State or Territory of residence, or that you are the age of majority in your State or Territory of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any unlawful or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms, viruses or code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy and Australian Consumer Law.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your monitor’s display of any colour will be accurate.

We may limit sales of our products to any person, geographic region or jurisdiction. We may exercise this right case by case. We may also limit quantities of any products or services we offer. All descriptions and pricing are subject to change without notice.

We do not warrant that the quality of products, services, or materials purchased will meet your expectations, or that any errors in the Service will be corrected, except as required under Australian Consumer Law.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, or orders using the same billing or shipping address.

In the event of a change or cancellation, we will attempt to notify you using the email and/or phone number provided at the time the order was placed.

You agree to provide current, complete and accurate purchase and account information. You agree to promptly update account details so that we can complete your transactions and contact you as needed.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we have no control. These are provided “as is” and “as available” without warranties of any kind. Your use of such tools is at your own risk and discretion.

Section 8 – Third-Party Links

Links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content, accuracy or policies of third-party sites. Your dealings with third parties are at your own risk.

Section 9 – User Comments, Feedback and Other Submissions

If you submit comments, suggestions or other content to us, you grant us the right to edit, copy, publish, distribute and otherwise use such content in any medium.

You agree that your comments will not violate any rights of third parties, including intellectual property, privacy or other personal rights. You are solely responsible for the comments you make and their accuracy.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct these and update information at any time.

Section 12 – Prohibited Uses

You are prohibited from using the site or its content for any unlawful purpose or in violation of Australian law. This includes, but is not limited to, uploading malicious code, infringing intellectual property, harassment or discrimination, spamming, or circumventing security features.

Section 13 – Disclaimer of Warranties; Limitation of Liability

Except as required under Australian Consumer Law, the Service and all products are provided “as is” and “as available”.

Nothing in these Terms limits your rights under the Australian Consumer Law. You are entitled to a replacement, repair or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage.

To the extent permitted by law, Fresh Feels Co Pty Ltd excludes all liability for loss or damages arising from your use of the Service or products, except where such exclusion would be inconsistent with your statutory rights under Australian law.

Section 14 – Indemnification

You agree to indemnify and hold harmless Fresh Feels Co Pty Ltd and its officers, employees, affiliates, agents and contractors from any claims or demands arising from your breach of these Terms or violation of any law.

Section 15 – Severability

If any provision of these Terms is unlawful, void or unenforceable, that provision will be severed but the remainder will remain enforceable.

Section 16 – Termination

These Terms remain in effect until terminated by either you or us. You may terminate by ceasing use of the site. We may terminate if you breach these Terms.

Section 17 – Entire Agreement

These Terms, together with any policies posted by us on this site, constitute the entire agreement between you and us.

Section 18 – Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia and the State or Territory in which you reside.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change any part by posting updates to our website. Continued use constitutes acceptance.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at support@freshfeels.com.au.