Terms and Conditions

This Website is owned, published and managed by BuyFruit Pty Ltd, ACN 609 320 890 ('our', 'us' or 'we').  When you use our Website or place an order with us, you accept and agree to be bound by our terms and conditions.  Please read them carefully. If you do not agree to these terms and conditions, you should immediately exit the Website and you must not place an order.

1.            Limitations

(a)           Any information on this Website is for information purposes only and is often in summary or aggregate form.  It is not intended and nor is it a substitute for medical evaluation and treatment.

(b)           Nothing on our Website or contained in any service or product we provide you is intended to be or is to be taken as a medical diagnosis or a recommendation for treatment (whether that treatment is for symptoms or to prevent illness or disease).

(c)           Diagnosis and treatment of symptoms or medical conditions should be undertaken by a qualified medical practitioner.  The information on our Website is not intended to diagnose, treat, cure or prevent any illness or disease. 

(d)           The information on our Website is not a substitute for any information provided by your medical practitioner or information provided in any product packaging or on any label.  Product packaging and label information must be carefully read by you before you use any medication or other product.

(e)           Always seek the advice of a pharmacist, medical practitioner or qualified health provider before starting any new medical treatment or before commencing using any supplements or medication (including over-the-counter medication) or if you experience side-effects from any medication or other product. 

2.            Order placement

(a)           To place an order you must register with us.  The information you provide must be accurate and complete.

(b)           You are responsible for maintaining the confidentiality of your account details, password and user name and are responsible for all activities using your account, user name and password.  If at any time you become aware of a breach of your account, you must notify us immediately.

(c)           Receipt of an electronic or other form of order confirmation is not acceptance of your offer to purchase.  We reserve the right at any time to:

(i)            accept or decline your order without giving a reason;

(ii)           monitor and limit the purchase amounts of any Products;

(iii)          restrict or refuse delivery to destinations outside Australia;

(iv)          supply a smaller quantity of Products ordered or to supply some, but not all of the Products; and

(v)           require additional verification of your identity or information from you before accepting your order.

(d)           If we decline an order or provide a smaller quantity of Products and you have already paid for the order, we will credit your credit card account with the amount owing to you or otherwise refund the amount to you.

3.            Errors

(a)           A product may be listed incorrectly (by description or price) due to a typographical error or an error in pricing or product information received from our suppliers.

(b)           We may refuse or cancel any order placed where the product has been incorrectly described or the price has been incorrectly listed whether or not you have received an electronic or other form of order confirmation.

(c)           If we decline an order and you have already paid for the order, we will credit your credit card account with the amount owing to you.

4.            Intellectual Property Rights

(a)           The content of our Website contains confidential information that is protected by valid and applicable Intellectual Property Rights. 

(b)           We own or have a right to use the Intellectual Property Rights in the Website and all of its content.  We reserve our rights in it.  Apart from uses expressly permitted by the Copyright Act 1968 (Cth), by any agreement we enter into with you or by these terms and conditions, no part of any content may be reproduced, provided to any third party, altered, stored in a retrieval system or transmitted, in any form and by any means, without our written permission.

(c)           You agree that:

(i)            no title to any Intellectual Property Rights in this Website or its content transfers to you; and

(ii)           you do not obtain any rights, express or implied, other than those specifically granted by these terms and conditions.

(d)           You acknowledge that data in any information provided to you through the Website is subject to copyright, trade mark, brand names, patents or other property rights or laws.  You agree that you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits that intellectual property.

5.            Trade marks

(a)           Without limiting clause 4,you may not use, reproduce or publish any trade marks except by saving or printing out a copy of any pages from this Website as expressly permitted in these terms and conditions. Any use of any of the trade marks without the express written consent of us or the owner of the trade mark (as applicable) is prohibited.

(b)           Other registered trade marks may be featured on this Website from time to time and are proprietary to their respective owners and protected by international trade mark or copyright laws. The use of any such trade mark on this Website is not intended to indicate any association with or endorsement by the owner of that trade mark.

6.            Privacy policy

(a)           This policy must be read in conjunction with our Privacy Policy. 

(b)           In order to register with us and purchase any Products, you will need to provide certain information, including Personal Information.

(c)           By providing us with any Personal Information through this Website, you consent to our collection of your Personal Information to enable us to provide the information, products or services you have requested and for the other purposes set out in our Privacy Policy.

7.            Your use of the Website

(a)           In using our Website you must not:

(i)            do anything which alters the Website, or interferes with or affects its working other than as intended or as agreed by us in writing.  This includes removing anything from it, adding anything to it, linking it to or from another Website;

(ii)           alter or modify any part of our Website other than as intended or as agreed by us in        writing;

(iii)          access third party submissions or other content on our Website other than as expressly authorised by us and by way of the web pages provided by us;

(iv)          use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose containing Prohibited Content or which is prohibited by these terms and conditions; or

(v)           use or launch any automated system including (without limitation) any offline readers, spiders or robots that access our Website in a way that:

(A)          sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser;

(B)          sends spam to any other user;

(C)          annoys or harasses any other user;

(D)          collects or harvests any personally identifiable information;

(E)          stores, permanently downloads or redistributes content from our Website other than as intended or as specifically agreed by us in writing;

(F)           circumvents, disables or otherwise interferes with any security-related features of the Website or contains features that prevent, limit or restrict use or copying of any content from our Website; or

(G)          transfers the materials to another person or 'mirror' the materials on any other server.

(b)           We may (but are not obliged to) use, alter, update and monitor the content of the Website, at any time and at our sole discretion.

8.            Links and our Website

You must not create a link to or from our Website or any part of our Website:

(a)           for Commercial Use, without our prior written consent;

(b)           to or from a website which contains Prohibited Content; or

(c)            to or from a website which infringes third party's rights (including Intellectual Property Rights).

9.            Third Party Websites

(a)           This Website may contain links to third party websites. We are not responsible for the condition or the content of those websites. The presence of links does not amount, expressly or impliedly, to any endorsement of those websites or the products or services provided there. Your access to those websites and use of their products and services is solely at your own risk.

(b)           When accessing third party websites you should read the terms and conditions applying to the use of those websites.

(c)           Without limiting these terms and conditions, by using our Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.

10.         What we don’t promise

Given the nature of the internet we do not promise you any of the following:

(a)           that you will have uninterrupted or error-free access to or use of the Website by any method;

(b)           that any loss or damage will not occur as a result of your access to and use of our Website or any information on our Website or accessed from our Website;

(c)           that the Website or any links will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through our Website by any third party;

(d)           that the content of the Website is accurate, complete or, to the extent permitted at law, suitable for a particular purpose.  You must rely on your own judgment;

(e)           that there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;

(f)            that your internet or mobile service provider will allow you access to the Website. You are responsible for ensuring your service provider will allow you access to the Website and its content and for any costs and service fees associated with the access; or

(g)           that your computer, mobile or other hardware devices will allow you access to the Website. You are responsible for ensuring your devices will allow you access to the Website and its content and for any costs and service fees associated with the access.

11.         Disclaimer

(a)           The content is subject to change without notice. 

(b)           To the maximum extent permitted by law, we, and our Affiliates disclaim any and all responsibility and liability in respect of our Website and any loss or damage suffered or incurred by a person for any reason including (without limitation):

(i)            using or relying on any of the information provided in or obtained through our Website; or

(ii)           any of the matters referred to in these terms and conditions.

(c)           To the maximum extent permitted by law:

(i)            this Website and its contents are provided without any representations or warranties of any kind, either express or implied including, without limitation, any warranties as to the completeness or accuracy of the information provided through our Website;

(ii)           we disclaim all warranties, express or implied, in connection with our Website and your access to and use of our Website;

(iii)          while we take reasonable commercial steps to ensure the completeness, accuracy and currency of information and the integrity of our Website, we do not represent or warrant that the information or facilities accessible via this Website are accurate, complete or current, or that this Website will be free of defects, including, but not limited to, viruses or other harmful elements;

(iv)          we exclude every warranty or condition of any kind that might otherwise apply in relation to the Website, its content, its useability, inability to use the Website or the services offered through it; and

(v)           we are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it.  This applies even if we have been informed that the liability, loss, damage or expense will or may result.

12.         Limitation of Liability

(a)           Notwithstanding any other provision in this Agreement, if we are liable to you in any way, including:

(i)            your rights under the Competition and Consumer Act 2010 (Cth); or

(ii)           in the case of a warranty or liability that the law says we cannot exclude,

our liability is limited to:

(iii)          refunding you the cost you paid for the relevant Product or Products; or

(iv)          re-supplying or having resupplied the relevant Product or Products.

(b)           Nothing in these terms and conditions or in our dealings with you affects your statutory rights including those under the Competition and Consumer Act.  To the extent of any inconsistency between this agreement and your statutory rights under the, your statutory rights under the Competition and Consumer Act will apply.

13.         Indemnity

(a)           Our Website is provided on an 'as is' and 'as available' basis for information purposes only. 

(b)           You agree that your access to and use of our Website will be at your sole risk.

(c)           You continually indemnify us and our Affiliates against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:

(i)            your use of and access to our Website;

(ii)           a breach of these terms and conditions;

(iii)          a wilful, unlawful or negligent act or omission by you;

(iv)          your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;

(v)           a claim that you caused damage to a third party; or

(vi)          your use of any information obtained from or through our Website.

(d)           The user of this Website assumes all costs arising as a result of the use of this Website.

14.         Governing Law

(a)           This Website is controlled and operated by our offices in Queensland, Australia and the Website is and will be deemed to be solely based in Australia.

(b)           We make no representation that materials in or facilities or services offered through this Website are available for use in locations other than Queensland, or that they comply with any legal or regulatory requirements of any other location. If you choose to access this Website you do so at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent they are applicable.

(c)           These terms and conditions are governed by and construed in accordance with the laws in force in Queensland and the Commonwealth of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia and, by using this Website, you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

15.         Miscellaneous

(a)           We reserve the right to vary these terms and conditions from time to time.  The latest terms and conditions will always be made freely available to users on our Website. You agree to be bound by the varied terms and conditions by continuing to access this Website.

(b)           The fact that we fail to do, or delay in doing, something we are entitled to do under these terms and conditions, does not amount to a waiver of any obligation of, or breach of obligation by you.  A waiver by us is only effective if it is expressly given in writing.  A waiver of any provision of these terms and conditions will not operate as a waiver of any other provision, or a continuing waiver of the same provision or a similar provision in the future.

(c)           If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.  If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these terms and conditions are not affected.

(d)           If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, that provision will be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.

(e)           These terms and conditions represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written.

(f)            You may not transfer or assign these terms and conditions or any rights or licences granted under these terms and conditions. We may transfer or assign these terms and conditions and your account without restriction or notification.

(g)           Clauses 1, 5, 11, 12, 13, 14 and 15 (inclusive) survive termination or expiration of these terms and conditions and cessation of your use of our Website for any reason.

16.         Definitions

'Affiliates' means our directors, officers, employees and other personnel, agents, contractors, partners, principals, licensors, suppliers and service providers.

'Commercial Use' includes (without limitation):

(a)           sale of access to our Website or our services by way of another website;

(b)           using our Website or our services for the purposes of selling goods or services or for advertising goods or services other than as expressly permitted by our Website;

(c)           any use of our Website or our services for the purpose of competing with or displacing our Website or services; or

(d)           soliciting any users of our Website for any commercial purpose.

'Intellectual Property Rights' means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

'Personal Information' has the meaning given to that term under our Privacy Policy.

'Products' means the products we provide to you.

'Prohibited Content' includes content that:

(a)           is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by the us as inappropriate;

(b)           contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or

(c)           infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights)

'Website' means www.buyfruit.com.au.

'you', 'your' means the person accessing and using our Website.

17.         Contact Us

If you have any questions not addressed on this page, please contact us