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 of these TOU, including any additional terms and conditions and policies referenced herein and/or made available by hyperlink. These TOU apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these TOU carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these TOU. If you do not agree to all the terms and conditions of these TOU, then you may not access the Website or use any Services. If these TOU are considered to be an offer, acceptance is expressly limited to our products and services governed by these TOU.
Any new features or tools which are added to our current online store accessible via this Website shall also be subject to these TOU. You can review the most current version of the TOU at any time on this page. The version of these TOU that applies to any purchase of our products or use of our Services is the one that was current at the time of purchase or use. We reserve the right to update, change or replace any part of these TOU by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued or repeated use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc, which provides us with the online e-commerce platform that allows us to provide our products and Services to you. We and Shopify are independent of each other. Shopify is not responsible for our Website, and we are not responsible for any design malfunctions of their e-commerce platform.
By agreeing to these TOU, 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 or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws of any jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, malware, viruses or any other code of a destructive or malicious nature.
A breach or violation of any part of these TOU will result in an immediate termination of your access to our Services.
We reserve the right to refuse Service to anyone for any reason at any time. You acknowledge that our Website belongs to us, is our private property, and that you have no right to use it without our consent.
You understand that your content (not including credit card information), may be transferred unencrypted, if you use our Website to communicate that information, and may 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. Credit card information is collected via a payment portal operated by a third party, and not by us, and is not seen or stored by us.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without our express written permission.
The headings used in these TOU are included for convenience only and do not limit or otherwise affect these TOU.
We are not liable to you for any loss experienced by you any if information made available on this Site is not accurate, complete or current at the time it is relied upon. 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 accordingly at your own risk. We will make reasonable endeavours to ensure that the information presented on the Website is correct and complete.
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.
Prices for our products are subject to change without notice. Stock may run out, expire or otherwise become unavailable, or we may be prevented from supplying products, for unforeseeable reasons or reasons beyond our control.
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, except as mandated by applicable law.
Certain products or Services may be made available to users exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the online store on our Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, 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 are obligated to comply with legal regulations in our home jurisdiction (Australia) in respect of product descriptions and pricing. 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 by law.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you visiting the website 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the phone number/e-mail and/or billing address 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. We invite dealers, resellers and distributors to contact us to negotiate appropriate terms of trade.
You agree to provide us with current, complete and accurate purchase and account information for all purchases you make at our 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.
For more detail about returns, please review our Returns Policy.
Certain content, products and Services available via our Service and Website may include materials sourced from or provided to you directly by third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or their websites, or for any materials, products, or services of or provided by third parties. We do use our best endeavours to ensure that only good quality and reputable third party products and service providers are linked to or described in our Website. If you detect any problem with any links to third parties or the third parties’ websites, please let us know immediately so that we can take appropriate action.
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 in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction with the third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send us certain specific submissions (for example contest entries) or, without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) to display Comments for any particular length of time.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, racist, xenophobic, misogynistic, pornographic, obscene or otherwise objectionable or that violates or reasonably appears to violate any party’s intellectual property or these TOU. You are expressly forbidden from including any such material in your Comments.
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, or infringe any of the prohibitions in the preceding paragraph. You further agree that your Comments will not contain or contain links to or otherwise facilitate the downloading of any computer virus or other malware that could in any way affect the operation of the Service or the Website, or affect any other user. 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 or authorship of any Comments. You are solely responsible for any Comments you make and for their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party, but we will take prompt action to remove objectionable Comments from display as soon as reasonably possible Please let us know if you object to any Comments posted by another user. You consent to us using your Comments in ways that may affect your moral rights as an author, without first consulting you.
Occasionally there may be information on our Site or provided as part of the Service that contains typographical errors, inaccuracies or omissions, including errors that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Subject to any applicable laws, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We accept no obligation to update, amend or clarify information in the Service or the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or the Website, should be taken to indicate that all information in the Service or the Website has been modified or updated.
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person or group of persons based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload, transmit or distribute viruses, malware 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 Service or of any related Website, other websites, any other users, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Website for violating any of these prohibitions.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service 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 particular purpose, durability, title, and non-infringement, except where any applicable law provides that any warranty cannot be excluded by contract
In no case shall Roogenic, our 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 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, continue to indemnify, defend and hold harmless Roogenic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these TOU or the documents they incorporate by reference, or your violation of any applicable law or the rights of any third party.
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Any rights, entitlements, obligations and liabilities of the parties (we and you) incurred prior to the termination of your access to the Service shall survive the termination, for all purposes.
These TOU are effective for as long as you have access to the Service. You may terminate your relationship with us at any time by notifying us that you no longer wish to use our Services, or when you permanently cease using our Site.
If in our sole judgment you fail, or we reasonably believe that you have failed, to comply with any term or provision of these TOU, we also may terminate your access to the Service at any time without notice and you will remain liable for all amounts owed by you to us up to and including the date of termination.
Our failure to exercise or enforce any right under or any provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement between us and you, and govern your use of the Service, and supersede 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 TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
These TOU and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force in the State of Western Australia, Australia.
You can review the most current version of the TOU at any time on this webpage.
We reserve the right, at our sole discretion, to update, change or replace any part of these TOU by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued or repeated use of or access to our Website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.
Questions about the TOU should be sent to us at firstname.lastname@example.org.
[Version 01 Date: 10/05/18]