1. About the Website
- Welcome to www.savvybeverage.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
- The Website is operated by Bright Idea Nutrition Pty Ltd (ABN 83 616 555 134) ("Savvy Beverages") PTY. LTD. Savvy Beverages offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms and conditions (the 'Terms') carefully. 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 of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree with the Terms, you must cease usage of the Website, or any of its services, immediately.
- Savvy Beverages reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Any new features or tools which are added to the current store shall also be subject to the 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, change or replace any part of these Terms of Service 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. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") in the user interface when making a purchase.
3. Registration to use the Purchase Services
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 illegal or unauthorized 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 or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to Bright Idea Nutrition Pty Ltd ("Savvy Beverages") in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Bright Idea Nutrition Pty Ltd ("Savvy Beverages"); or
you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Bright Idea Nutrition Pty Ltd ("Savvy Beverages") of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") providing the Purchase Services;
you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products/Service and Returns Policy
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
- 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 or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Payment of the Purchase Price may be made through Shopify (the 'Payment Gateway Provider')
- Following payment of the Purchase Price being confirmed by Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), you will be issued with a receipt to confirm that the payment has been received and Bright Idea Nutrition Pty Ltd ("Savvy Beverages") may record your purchase details for future use.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages")'s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
- You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 8 weeks from the date of purchase (the ' Warranty Period').
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Bright Idea Nutrition Pty Ltd ("Savvy Beverages") showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by email at firstname.lastname@example.org.
- Where the Warranty Claim is accepted then Bright Idea Nutrition Pty Ltd ("Savvy Beverages") will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- You acknowledge that the Purchase Services offered by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
- In providing the Purchase Services, Bright Idea Nutrition Pty Ltd ("Savvy Beverages") may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In the event that an item is lost or damaged in the course of the Delivery Services, Bright Idea Nutrition Pty Ltd ("Savvy Beverages") asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") or its contributors.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bright Idea Nutrition Pty Ltd ("Savvy Beverages"); or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- 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 over networks.
10. General Disclaimer
- You acknowledge that Bright Idea Nutrition Pty Ltd ("Savvy Beverages") does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Bright Idea Nutrition Pty Ltd ("Savvy Beverages")) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages")'s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), by third parties or by any of the Purchase Services offered by Bright Idea Nutrition Pty Ltd ("Savvy Beverages").
- You acknowledge that Bright Idea Nutrition Pty Ltd ("Savvy Beverages") does not provide the Delivery Services to you and you agree that Bright Idea Nutrition Pty Ltd ("Savvy Beverages") will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. User generated submissions
- If you send content (creative ideas, suggestions, comments, feedback, recommendations, plans or other materials) through any medium (being post, online or email or similar) to us at our request, or without any request, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence or pay compensation for any comments or to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- By using our Website, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Bright Idea Nutrition Pty Ltd ("Savvy Beverages") at any time; and
- closing your accounts for all of the Purchase Services which you use, where Bright Idea Nutrition Pty Ltd ("Savvy Beverages") has made this option available to you.
- Your notice should be sent, in writing, to Bright Idea Nutrition Pty Ltd ("Savvy Beverages") via the 'Contact Us' link on our homepage.
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is required to do so by law;
- the partner with whom Bright Idea Nutrition Pty Ltd ("Savvy Beverages") offered the Purchase Services to you has terminated its relationship with Bright Idea Nutrition Pty Ltd ("Savvy Beverages") or ceased to offer the Purchase Services to you;
- Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is, in the opinion of Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), no longer commercially viable.
- Subject to local applicable laws, Bright Idea Nutrition Pty Ltd ("Savvy Beverages") reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Bright Idea Nutrition Pty Ltd ("Savvy Beverages")'s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Bright Idea Nutrition Pty Ltd ("Savvy Beverages") have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Bright Idea Nutrition Pty Ltd ("Savvy Beverages"), its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, NSW, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
- The Purchase Services offered by Bright Idea Nutrition Pty Ltd ("Savvy Beverages") is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org