TERMS OF USE
Thank you for visiting the Eliza Health Food & Gifts Web site (the “Site“). The Site is designed to provide a convenient, private and informative retail experience for consumers to purchase products essential for maintenance of good health and for prevention of future illness. Accessible 24 hours a day, 7 days a week, the Eliza Health Food & Gifts online store offers an easy and convenient method of ordering health food & gifts online, along with a wealth of health-related information.
Eliza Health Food & Gifts want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
INFORMATION DISCLAIMER
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the health food product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever.You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Health Practitioner, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Eliza Health Food & Gifts. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2020, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Eliza Health Food & Gifts or their respective content providers. All software used on the site is the sole property of Eliza Health Food & Gifts or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Eliza Health Food & Gifts prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, Eliza Health Food & Gifts MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, Eliza Health Food & Gifts EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE ‘CONSUMER GUARANTEES’ OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Eliza Health Food & Gifts ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Eliza Health Food & Gifts, ITS DIRECTORS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL Eliza Health Food & Gifts, ITS DIRECTORS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION Eliza Health Food &Gifts, DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
FURTHER, Eliza Health Food & Gifts EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF Eliza Health Food & Gifts, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
You agree to indemnify and hold Eliza Health Food & Gifts, and our directors, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”) and
- maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Eliza Health Food & Gifts consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
PAYMENT METHODS
Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Eliza Health Food & Gifts. Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point (except in the case of recurring orders, where you credit card details will be stored by our third party service provider. For more information, see information under the heading ‘Recurring Deliveries’). In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Eliza Health Food & Gifts reserves the right at any time after receipt of your order to accept or decline your order for any reason. Eliza Health Food & Gifts reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
OUR RIGHTS
Eliza Health Food & Gifts may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
Eliza Health Food & Gifts may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Eliza Health Food & Gifts shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Eliza Health Food & Gifts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Eliza Health Food & Gifts shall immediately issue a credit to your credit card account in the amount of the incorrect price.
APPLICABLE LAW
As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia or another Australian jurisdiction.
TERMINATION
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
LIMITED PURCHASE QUANTITIES AND FREQUENCY
Eliza Health Food & Gifts reserves the right to monitor and limit the purchase amounts and/or purchase frequency of products at its sole discretion. Eliza Health Food & Gifts reserves the right to restrict sales to a non-commercial level at its sole discretion.
Eliza Health Food & Gifts uses Australia Post and other equally reputable couriers for your delivery, so you can have absolute confidence that if your order fails to arrive it is not a function of the courier but rather a regulatory hurdle. Given the quality of our courier partners, if your delivery arrives damaged please let us know and we will endeavour to either resupply the goods or refund your payment based on the individual circumstances. However outside of this non damaged delivery guarantee Eliza Health Food & Gifts is unable to guarantee goods purchased on our web site will be compliant with your local laws and regulations and as such be permitted to make it to your door.
Copyright © 2020 All rights reserved.