Terms of service
1. Terms of use
This website www.westliving.com.au is operated by West Living and Lifestyle Pty Ltd trading as West Living and Lifestyle (collectively, “West Living,” “we,” “us,” or “our”).
By accessing and using this website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy (“Terms and Conditions”). Our Privacy Policy and these Terms and Conditions apply to all users of this website, including browsers, contributors of content and customers (collectively, “you” and “your”).
You should review our Privacy Policy and Terms and Conditions carefully, and immediately cease using our website if you do not agree to these documents.
2. Conditions for accessing our website services
You must be at least 18 years of age to purchase the products offered on our website. Persons under the age of 18 are not permitted to use our websites. By accessing or purchasing any Products or Services through our website, you agree that you will agree to and will adhere to the following conditions:
· You represent that you are at least 18 years of age;
· You will make your own enquiries with independent and certified health practitioners, and not solely rely on our representation or advice relating to your proposed use of any West Living & Lifestyle products;
· You cannot re-sell or otherwise re-supply any of our products and services without our prior written consent;
· You cannot use our Products for any illegal or unauthorised purpose which may violate any laws in your jurisdiction;
· You shall only use this website as permitted by this Agreement, and you shall not use the our website or its contents for any commercial, political, obscene, illegal, or inappropriate purpose.
3. Sales of Product and Services
You may purchase the products or services we offer for sale on our websites as part of our Services. If you have any questions regarding our products, or our sales and refund policies, please refer to the sales & refunds policy
4. Registration
You can register an account to make orders or access additional features on our website. When you register your account, you will provide us with personal information as set out on our registration page. You must ensure that this information is accurate and current. We will handle all personal information in accordance with our Privacy Policy. You are responsible for keeping the details of your account secure and are responsible for all use and activity carried out under this account.
5. Link to other websites
Our website may contain links to websites operated by third parties. Those links and all contents associated therewith are provided for your convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not necessarily endorse and are accordingly not responsible for the accuracy of such content.
6. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio, software and third parties’ content) made available on this website (“Content”). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
7. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Content or the Product, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
Unless otherwise indicated, we do not warrant or endorse any specific product or information provided on this website, including the quality of any product or service offered, advices relating to medical conditions, and information relating to nutritional or physiological effect of our products have on your personal use.
Information provided on our website and our products are not intended to substitute any advice from your healthcare professional.
8. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
· Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
· Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
· Using this website to defame or libel us, our employees or other individuals;
· Uploading files that contain viruses that may cause damage to our website;
We have the right to take down any user-generated information on our website at our sole discretion and without notice to you.
9. Liability
To the maximum extent permitted by law, West Living & Lifestyle is not liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use or reliance of our website and the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
To the maximum extent permitted by law (including the Australian Consumer Law), in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which you may incur or suffer in connection with your use of our Products.
10. Indemnity
You agree to indemnify the Website Owner, its directors, officers, shareholders employees, consultants, agents, and affiliates, from any and all claims (including 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.
11. Severability
If any part of the Terms and Conditions is unenforceable (including any section 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 section or part of the section can be severed to render the remaining part valid, the section must be interpreted accordingly. Alternatively, you agree that the section must be rectified and interpreted in such a way that closely resembles the original meaning of the section as is permitted by law.
12. Termination
We may terminate these Terms and Conditions at any time without notice if we suspect that you have breached any term or provision herein. Your obligations and liabilities to us incurred prior to the termination will survive the termination of these Terms and Conditions. We reserve the right to restrict, suspend or terminate at any time without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
13. Dispute Resolution
This section set out the procedure to be followed if a dispute arises in connection with the Terms and Conditions, except a claim for payment by us:
i. Any dispute relating in any way to your visit to or use of our website and products shall be submitted to confidential, final and binding arbitration in Victoria, Australia, and shall be governed exclusively by the laws of Victoria, Australia;
ii. If a dispute arises, you agree to contact us at (insert email address) detailing nature of dispute before submitting the dispute for arbitration to allow for informal resolution
iii. Either you or West Living & Lifestyle may submit a dispute for arbitration;
iv. Except to the extent determined by the artbitrator, no party may disclose the existence, content or results of any arbitration without the prior written consent of both parties;
v. The arbitrator’s award will be binding and may be entered as a judgment in the courts of Victoria, Australia. No arbitration may be joined to an arbitration involving any other party be it through class action or otherwise.
14. Jurisdiction and Governing Law
Your use of the website and these Terms and Conditions are governed by the law of Victoria, Australia.
15. Entire Agreement and Variation
This Terms and Conditions contains the entire agreement between you and West Living & Lifestyle. No oral explanation or information provided by any party to another affects the meaning or interpretation of this agreement, or constitutes any collateral agreement, warranty or understanding between you and West Living & Lifestyle.
We may, from time to time and without notice, vary the website (including the Terms and Conditions) or the information, products or services in it.
You agree that we are under no responsibility to ensure that all information is up to date.
16. Contact us
For further information concerning our Terms and Conditions, please contact us using the contact us form.