Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to The Sugarfree Box’s website and social media channels (collectively referred to as “the Website”). The Website provides you with an opportunity to browse and purchase 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”).

1.2. The Website is operated by The Sugarfree Box PTY LTD (ACN 611 038 987) (“The Sugarfree Box”). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by The Sugarfree Box. Please read these terms and conditions (“the Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

1.3. The Sugarfree Box reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Sugarfree Box updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.4 .3 All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. The Sugarfree Box does not make any representations or guarantees as to the suitability of the Products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all Products prior to you using the Products. The Sugarfree Box expressly excludes any liability that may arise in relation to the suitability of the Products for any dietary requirements, medical conditions or allergies.

2. Acceptance of the Terms

2.1 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 The Sugarfree Box in the user interface.

3. Registration to use the Purchase Services

3.1. 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, but not limited to: (a) an email address (b) preferred username (c) a mailing address (d) a telephone number (e) a password.

3.2. You warrant that any information you give to The Sugarfree Box in the course of completing the registration process is accurate, correct and up to date.

3.3. 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.

3.4. You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with The Sugarfree Box; or (b) 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

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by: (a) the Terms; (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (c) 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; (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Sugarfree Box of any unauthorised use of your password or email address or any breach of security of which you have become aware; (e) 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 The Sugarfree Box providing the Purchase Services; (f) 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; (g) 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 The Sugarfree Box for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. Any products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

5.2 You may purchase a one-off box, or a seasonal or annual subscription (referred to as “subscription” or collectively “subscriptions”) for a quarterly box containing a group of products as determined by The Sugarfree Box.

5.3 All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 2 days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price.

5.4 You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid (including any gift purchases of a subscription), The Sugarfree Box will not provide a refund of the subscription price unless The Sugarfree Box cancels or is unable to fulfil your order, in which case, The Sugarfree Box will provide a full refund of the whole or part of the subscription price depending on whether you have previously received boxes during your subscription.

5.5 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price, in Australian Dollars, listed on the Website for the Product (“the Purchase Price”).

5.6. Payment of the Purchase Price may be made through the following third party provider: Stripe Australia Pty Limited (“the Payment Gateway Provider”). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

5.7. Following payment of the Purchase Price being confirmed by The Sugarfree Box, you will be issued with a receipt to confirm that the payment has been received and The Sugarfree Box may record your purchase details for future use.

5.8. The Sugarfree Box may, at their sole discretion, provide a refund of that quarter’s membership fee, or a replacement of the Products, within 14 days of the date of delivery where any Products are damaged or defective upon delivery. In the case where replacement Products are not available or are sold out we will offer a full refund. If you intend to seek a refund, replacement or exchange, you must email [email protected] to obtain prior approval. Please do not send the Products back to the manufacturer. The Sugarfree Box is not obliged to refund or replace any opened, used, damaged (other than where the damage occurs prior to delivery), discounted, clearance or sale Products, gifts or samples. Please provide the order number and reason for the return. The Sugarfree Box shall bear the reasonable costs of domestic return shipping.

5.9 By purchasing a The Sugarfree Box membership, You acknowledge and agree that the Product(s) included in each delivery of The Sugarfree Box may vary from box to box in nature, type, value, quantity, brand and description. The Sugarfree Box does not guarantee that you will receive any particular Product.

6. Warranty

6.1. The Sugarfree Box’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. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 14 days from the date of delivery (the ‘Warranty Period’).

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to The Sugarfree Box showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to The Sugarfree Box by email at [email protected]

6.4. Where the Warranty Claim is accepted then The Sugarfree Box will, at its sole discretion, either replace any defective Products or part thereof at no charge to you, or provide a refund of that season’s membership fee, in accordance with clause 5.4 of the Terms.  The Sugarfree Box shall bear the reasonable costs of domestic return shipping.

6.5. The Warranty shall be the sole and exclusive warranty granted by The Sugarfree Box 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.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products 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.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by The Sugarfree Box integrate delivery (“the Delivery Services”) through the use of third party delivery companies (“the Delivery Service Providers”) .

7.2. In providing the Purchase Services, The Sugarfree Box 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 The Sugarfree Box 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.

7.3. In the event that an item is lost or damaged in the course of the Delivery Services, The Sugarfree Box asks that you: (a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and (b) contact us by sending an email to [email protected] 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.

7.4 The Sugarfree Box will endeavour to deliver the boxes at the start of each season, however The Sugarfree Box does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.

7.5 You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made by the 20th of the month prior to the start of each season (1 December, 1 March, 1 June and 1 September) or the next box will be shipped to the previous address. The Sugarfree Box expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of The Sugarfree Box 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 The Sugarfree Box or its contributors.

8.2. The Sugarfree Box 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: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Sugarfree Box; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) 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).

8.3. You may not, without the prior written permission of The Sugarfree Box 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 contact 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.

9. Privacy

9.1 T he Sugarfree Box takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Sugarfree Box’s Privacy Policy, which is available on the Website.

10. General Disclaimer

10.1. You acknowledge that The Sugarfree Box does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

10.2. The Sugarfree Box 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.

10.3.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.

10.4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) The Sugarfree Box we 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.

10.5. Use of the Website, the Purchase Services, and any of the products of The Sugarfree Box (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of The Sugarfree Box, 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 The Sugarfree Box (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 The Sugarfree Box) 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: (a) 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; (b) 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); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) 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

11.1. The Sugarfree Box’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, then the total liability of The Sugarfree Box is the resupply of information or Purchase Services to you.

11.2. You expressly understand and agree that The Sugarfree Box, 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.

11.3. The Sugarfree Box 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 The Sugarfree Box, by third parties or by any of the Purchase Services offered by The Sugarfree Box.

11.4. You acknowledge that The Sugarfree Box does not provide the Delivery Services to you and you agree that The Sugarfree Box 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. Indemnity

12.1. You agree to indemnify The Sugarfree Box, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) 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; (b) 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 (c) any breach of the Terms.

13 Severance

13.1 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.