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Thank you for visiting our website (“Site”). All content, information, and services provided on and through our Site may be used only under the following terms and conditions and as they are amended from time to time (the “Terms”). As used herein, unless the context clearly provides otherwise, the terms “LifeVantage”, “our,” “we,” and “us” refer to LifeVantage Australia Pty Ltd (ACN 155 138 382). We may update this Agreement from time to time without prior notice to you. We encourage you to review the Terms periodically for any updates.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE A DISTRIBUTOR, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR DISTRIBUTOR AGREEMENT, POLICIES AND PROCEDURES, AND ANY OTHER AGREEMENT YOU HAVE ENTERED INTO WITH US.
We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. By accessing and using this Site, you certify that you are 18 years of age or older. If you are under the age 18, you may use our Site only with the involvement of a parent or guardian who has agreed to be bound by the Terms.
Our Site is hosted in Australia and contains information that is appropriate for access and use in Australia. We make no representation that any materials on the Site are appropriate or available for use outside Australia. Any references on the Site to specific products or services are applicable only to those available in Australia, and any product claims and comparisons to other products on the Site apply within the Australian market only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including legal fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of LifeVantage, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of LifeVantage. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by LifeVantage.
NOTHING IN THESE TERMS PURPORTS TO EXCLUDE, RESTRICT OR MODIFY, OR HAS THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING ANY OF YOUR STATUTORY RIGHTS AND REMEDIES, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW (“STATUTORY RIGHTS”). eXCEPT FOR YOUR STATUTORY RIGHTS, Our site and its contents are provided “as is” and “as available”, with no warranty of any kind AND:
(A) we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and noninfringement, and those arising by statute or otherwise in law or form a course of dealing or usage of trade;
(B) We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site; AND
(C) We do not warrant that the operation of this site will be uninterrupted, error-free, free from viruses, and/or other harmful components to equipment or software.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential LOSS, COSTS, EXPENSES OR damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we are advised of the possibility of such LOSS, COSTS, EXPENSES OR damages.
To the extent permitted by law, our liability for breach of any of your statutory rights is limited, at our option, to one or more of the following.
In the case of services supplied or offered by us:
In the case of goods supplied or offered by us:
PURCHASES AND PRODUCT PRICING
All billing and other information submitted to this Site must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms, and, if you are a Distributor, may also be a breach of your Distributor Agreement. By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, LifeVantage shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. LifeVantage shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. LifeVantage reserves the right in its sole discretion to refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is cancelled, LifeVantage shall immediately issue a credit to your credit card account in the amount of the charge. LifeVantage attempts to be accurate in all product descriptions, nevertheless LifeVantage does not warrant that any product description or the content on the Site is accurate, complete, reliable, current or error free. If you find the product is not as described your sole remedy is to return it pursuant to LifeVantage’s return policy.
LifeVantage reserves the right, with our without prior notice, (a) to impose conditions on the honoring of any coupon, coupon code, promotional code or other promotion, (b) change a product description, (c) limit the availability of any product or services, (d) refuse to provide any User or customer with any services. To the fullest extent permissible under applicable law, any claim or cause of action with respect to this Site must be commenced within one year after the claim arises. Price and availability of any LifeVantage Product or Service may be changed at any time without notice.
This Site may contain contests or promotions that require you to send material or information about yourself or your distributorship in order to participate. Please note that any contest or promotion offered through the Site may be governed by a separate set of terms and conditions, that may include, among other things, eligibility requirements such as age limits and geographical restrictions. If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.
NO ENDORESMENTS OF CONTENT AND LINKS TO OTHER WEBSITES
Any links to other sites are provided as merely a convenience to users of this Site. This Site may provide links or references to other sites but LifeVantage has not reviewed all these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. LifeVantage does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sties linked to this Site, you do so entirely at your own risk.
LINKING AND FRAMING THE SITE
Unless a User has a written agreement in effect with LifeVantage that states otherwise, a User may only provide a hyperlink to the Site on another website if the User complies with all of the following: (a) the link must be a test-link link clearly marked “LifeVantage” or the link must “point” to the URL http:www.lifevantage.com” and not to other pages within the Site; (b) the link, when activated by User, must display the Site full-screen and not within a “frame” on the linking website; and (c) the appearance and position and other aspects of the link must not be such as to damage or dilute the goodwill associated with LifeVantage’s name and trademarks or create the false appearance that LifeVantage is associated with, or a sponsor of, the linking website. By providing this consent, LifeVantage is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. LifeVantage reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of New South Wales, Australia.
You hereby irrevocably and unconditionally consent to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia for any litigation arising out of or relating to use of the Site or purchases of services made through the Site . You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of New South Wales, Australia.
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between LifeVantage and you pertaining to the subject matter hereof. In its sole discretion, LifeVantage may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us (hyperlink to customer service e-mail).
If you have any concerns about the Site or these Terms, please send us an e-mail or call us at the below number:
LifeVantage Australia PTY LTD:
GPO Box 3555
Sydney, NSW 2001
ABN: 27 155 138 382
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