Website Terms of Use
Overview
This website is owned and operated by Immuron Limited (ABN 80 063 114 045), referred to as “we”, “us”, “our” and other similar forms.
If you use or access the website or the services provided through the website, you will be deemed to have accepted and consented to these Terms of Use (Terms).
We reserve the right to update these Terms at any time and without notice to you. Your continued use or access constitutes acceptance of any changes. A copy of the most up to date version of these Terms is available at www.immuron.com.au/website-terms-of-use/.
Our website is hosted by NETO, which provides us with an online e-commerce platform through which you may purchase products from us. In addition to these Terms, the NETO Terms of Use and similar documents and policies may apply.
- Changes and removal of information
We reserve the right at any time to modify or discontinue the website (or any part or content on the website) 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 website.
2. Your use of the website
You represent that you are at least 18 years of age or the age of legal majority in your jurisdiction, or otherwise that you have obtained the consent from a parent or adult guardian to access this website. In using or accessing the website, you must not:
- reproduce or distribute any of the material contained on the website in any material form, unless expressly permitted by us;
- upload or repost the material to any other website, unless expressly permitted by us;
- modify or copy the layout of the website or any computer software or code contained in the website;
- use our products, services or the website for any illegal or unauthorised purposes, to violate any laws in your jurisdiction or for any obscene or immoral purpose.
You are also prohibited from using the website to:
- solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape; or
- interfere with or circumvent the security features of the website.
We reserve the right to terminate your use of and access to the website and any related services for violating any of these Terms, including the above prohibited uses.
3. Links to other websites and third-party material
This website contains links to sites owned and operated by third parties and which are not under our control. In relation to the third-party sites which are linked to on the website, you acknowledge that:
- we provide the links as a convenience to you;
- the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
- we are not responsible for the material contained on those linked sites, nor for examining or evaluation the content or accuracy of that material.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made about any third-party websites.
4. Sale of products
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
- if the breach of an implied warranty or condition relates to services, the supply of the services again or the payment of the cost of having the services supplied again;
- if the breach of an implied warranty or condition relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
If you are a consumer as defined in the Australian Consumer Law, then following applies:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
5. Accuracy, completeness and currency of information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 current sources of information. Any reliance on the material on this site is at your own risk.
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. To the full extent permitted by law we disclaim all warranties, express or implied, regarding:
- the accuracy, reliability, currency or otherwise of any information contained or referred to on the website and of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and on any linked sites.
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the website or any of the linked sites; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website and/or any linked sites.
We work hard to protect the security of our website, servers and your personal information. However, we do not warrant guarantee or make any representation that:
- the Site, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
- errors and defects in the website will be corrected.
6. Use of personal information gathered
The policies and processes regarding our collection, use and storage of personal information via this website are set out in our Privacy Policy (www.immuron.com.au/privacy_policy/).
7. Intellectual property rights
All logos, icons, brand names or service names that identifying the owner and operator of this website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
8. Termination of access
We may terminate access to the website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the website.
9. Limitation of liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.
In no case shall Immuron Limited, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
10. Indemnity
You agree to indemnify, defend and hold harmless Immuron Limited and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. General
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms.
