These Terms and Conditions of Use (“Terms and Conditions”) and the Food Werewolf Privacy Policy govern your use of our website located atwww.thefoodwerewolf.com.au and www.thefoodwerewolf.com (the “Site”) and form a binding contractual agreement between you, the user of the Site and us, The Food Werewolf (ABN 75239129960).
For that reason these Terms and Conditions and the Privacy Policy located here are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@thefoodwerewolf.com.
By using the Site you acknowledge and agree that you have read and understand the Terms and Conditions and Privacy Policy and you agree to be bound by them. If you do not agree to the Terms and Conditions and Privacy Policy, please do not use the Site.
1. Licence to use Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement and in the Privacy Policy.
1.2 We reserve the right at our sole discretion to modify or revise these Terms and Conditions and the Privacy Policy as necessary and at any time and you agree to be bound by such modifications or revisions. If a modification or revision to the Terms and Conditions and/or Privacy Policy is made, we will provide you with notice of such modifications or revisions through the Site or through any other means by which you obtain notice. We strongly encourage you to periodically review the most current version of the Terms and Conditions and Privacy Policy.
1.3 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.4 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.5 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.6 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Purchases
2.1 If products are offered for sale through the site we will make every attempt to be as accurate as possible with the product description. However, we do not warrant that all product descriptions or other Site content is accurate, complete, reliable, current, or error-free. If a product you purchase from the Site is not as described, your sole remedy is to return it in unused condition for a refund.
2.2 In the unlikely event a product is listed on the Site with an incorrect price we retain the right to refuse or cancel any orders placed for the product listed at the incorrect price. We maintain the right to refuse or cancel any such orders even if the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the original charge.
2.3 We do not accept any responsibility or liability for damage to or loss of a product which may occurr in transit.
2.4 We do not accept any responsibility or liability for damage or loss which may occurr as a result of delayed delivery due to the actions of a third party delivery service, including but not limited to postal and courier services.
3. Intellectual Property Rights
3.1 Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.4 The licence in clause 3.2 and 3.3 will survive any termination of these Terms and Conditions.
3.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
4. Warranties
4.1 You represent and warrant to us that:
(a) you have the legal capacity to enter into these Terms and Conditions; and
(b) you have complied with clause 1.4.
4.2 We provide no warranty, endorsement or guarantee, and do not assume any responsibility for any product or service advertised or offered by a third party through the Site or any services that are hyperlinked to the Site or featured in any advertising. We do not accept responsibility in any manner or form, and will not monitor or be a party to transactions occurring between you and a third party
5. Disclaimer
5.1 All information given by The Food Werewolf and Loren Waller is not intended as, nor should it be treated as or replace medical advice, diagnosis or treatment. All information has been gathered from scientific research, web research, personal enquiry and experience. Whilst all care is taken, the information given, whether express or implied, is not warranted or represented as accurate, complete, non-misleading, true or current. If at any time you think you may be suffering from any medical condition, you should seek immediate medical attention from appropriate health care practitioners. The information given on this website, by The Food Werewolf and/or Loren Waller is not an alternative to medical advice from your doctor, nutritionist, dietician or other health care provider and you should not delay in seeking advice or treatment or discontinue medical treatment because of the information on this website.
6. Liability
6.1 You agree that your use of the Site shall be at your sole risk and understand that the Site is provided on an “as is” basis.
6.2 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
6.3 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
6.4 These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
7. Indemnity
7.1 You agree that to the extent permitted by applicable law, you will indemnify and hold harmless The Food Werewolf and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses that arise from your use of and access to the Site and/or your violation of any term of these Terms and Conditions; your violation of any third party right including but not limited to the violation of copyright, property, or privacy rights; or any claim that your use of the Site has caused damage to a third party. The obligation of indemnification under this clause survives termination of these Terms and Conditions and your use of the Site.
8. Termination
8.1 These Terms and Conditions terminate automatically if, for any reason, we cease to operate the Site.
8.2 We may otherwise terminate these Terms and Conditions immediately, on notice to you, if you have breached these Terms and Conditions in any way.
9. General
9.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms and Conditions.
9.2 If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
9.4 This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
