Welcome to the Terms of Service for the Vee For Life website and any associated services. This is an agreement (“Agreement”) between, Focal Enterprises Pty Ltd trading as Vee For Life (“VFL”), the owner and operator of www.veeforlife.com (the “Site”), any VFL services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this Agreement, the words “VFL,” “us,” “we,” and “our,” refer to our company, Focal Enterprises Pty Ltd trading as Vee For Life and our Site or any Services, as is appropriate in the context of the use of the words.
By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and will notify you when we do so. If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.
Registered Users
In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, you will be required to provide a password. On registration, you agree to pay for our services as set out on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
Users of our Service must be 18 years of age or older, at a minimum, you must be over the age of 13 with a parent’s permission to use our Site and Service. Users must be 18 years or older to purchase any of our products or Services.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our online shop (found at https://www.veeforlife.com/plant-based-vegan-shop/) and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfill your order at the price listed at the time you ordered.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current, however, we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Packaging and postage is an additional charge, calculated at the time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact, and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to an error in transmission or virus or malware.
We undertake to accept or reject your order within Seven days. If we have not responded to you within Seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns
We undertake to replace you with any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated Contact page (found at https://www.veeforlife.com/get-in-touch/) where we set out our requirements relating to return of such goods.
Photos of damaged items must be included and sent to [email protected] with damaged goods to be returned to Vee For Life.
We understand that not everything can be returned (ie opened liquids), however, this will be judged by the photo evidence and stipulated in your reply email from us.
Damaged goods are to be returned to 9 Joondanna Drive, Joondanna, WA 6060.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Items Missing From Your Order
If you have received your order, but an item is missing, please email us at [email protected] within 24 hours of good/s being delivered. We will send out the item free of charge or issue a credit or refund. Emails outside this timeframe will be assessed on a case by case basis.
Cancellation/Refund Of A Healthier You eCourse
All requests for refunds are to be sent directly to [email protected] with a detailed explanation for reasons requesting a refund. It will be at Focal Enterprises Pty Ltd’s discretion if a refund will be provided and these will be judged on a case by case basis. Requests must be sent within 7 days of the program going live.
Site Access
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the CopyrightAct1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Statements Have Not Been Evaluated; Speak With Your Doctor
- All content created by VFL is for informational and educational purposes only.
- Any statements listed on our Site or Service have not been evaluated by any other national or international agencies.
- None of the content or products offered on the VFL Site is meant to diagnose, treat, alleviate or relieve any medical or health conditions.
- The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
- You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
- If you have or suspect that you have a medical problem, promptly contact your healthcare provider.
- Never disregard, avoid, or delay obtaining medical advice from your doctor or another qualified healthcare provider because something you have read on our Site.
- You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
- Please seek medical advice in regards to your health conditions and physical fitness.
- If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
Nutritional Information
Nutritional information provided on the VFL website is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness, and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
Nutritional adequacy was evaluated using a reference person of 34 years, 65 kgs weight, 1.67m height, 23 BMI and Female gender. Therefore, the VFL meal plan may not be nutritionally complete for certain populations.
Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the VFL website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Testimonials
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
User Accounts
VFL may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms. VFL has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify VFL of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Payment
In order to purchase any VFL products, you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal. By ordering a VFL product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at [email protected].
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
All prices are in AU dollars unless otherwise stated and inclusive of GST.
GST
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act;
Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply;
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
Refunds
A Healthier You eCourse
Prior to the start of the Program, you will be eligible for a full refund less the value of any additional products or services you received as part of your purchase. The specific start date of your Program is listed on our Site and was selected by you at the time of purchase. To process a refund for the Program, please contact us at [email protected].
Once your Program has begun you will be ineligible for any refunds. If you are unable or unwilling to undertake the program after its commencement, we are unable to defer the start of your program until the next program or transfer the program to another user of our Site and Service.
Product Availability
Due to product demands, VFL products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship VFL products when they become available.
Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at [email protected].
Service and Shipping
Books
Orders generally arrive within 10 business days. You may be provided shipping details through the checkout screen on our Site or through your account. We use Auspost to fulfill all of our physical orders. If you have not received your order, your order is damaged, or you require an exchange, please contact us immediately at [email protected]. Failure to contact us in a timely manner may affect your ability to return any products to us.
eBooks
Ebooks shall be delivered immediately by download. Once you have submitted and we have processed your payment information you will be given a link to download your Ebook. You will be given five attempts to download your ebooks, if you have any issues with downloading your ebook, please contact us at [email protected].
A Healthier You
After processing your payment, you will be granted access to our A Healthier You program upon the start of the program as listed on the Site. Additional information about the A Healthier You program can be found on our Site. You will continue to have access to the A Healthier You program for two weeks following the final program date. If you request your service to be discontinued your access to the A Healthier You program will be revoked.
Taxes
You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of VFL or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us.
Use of VFL
When using our Service, you are responsible for your use of VFL, and for any use of VFL made using your device. You also agree that your use of VFL is for personal non-commercial use. You agree not to access, copy, or otherwise use VFL, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by VFL. You agree not to use VFL to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Service;
- You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
- You agree not to upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person; b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; c) includes an image or personal information of another person unless you have their consent; d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive; e) contains large amounts of untargeted, unwanted or repetitive content; or f) contains financial, legal, medical or other professional advice.
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold VFL responsible for your use of our Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to VFL;
- You agree not to interfere with or disrupt the Site or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
- If you believe that a user has breached any of the above conditions, please contact us at [email protected].
- We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
- By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
- We are not responsible for and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
- You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
Intellectual Property Rights and License Grant For Your Content
The design of the VFL Service along with VFL created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Focal Enterprises Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. VFL reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely on Third Party Content or Third Party Websites, you do so solely at your own risk.
Disclaimers
Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither VFL nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. Although we, in good faith, believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason, we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this website may be out of date, and neither VFL nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
Limitations and Liability
Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, Focal Enterprises Pty Ltd does not assume any responsibility or liability for any damages to you. In no event will Vee For Life, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
With the exception of Consumer Guarantees, we exclude:
- any term, condition or warranty that may otherwise be implied by custom, law or statute;
- any liability for loss caused by our negligence; and 2.3 any liability for Consequential Loss.
To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
- In the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- In the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
Indemnity
You agree to defend, indemnify and hold harmless Focal Enterprises Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the VFL Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive this Agreement and your use of the VFL Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Privacy and Child Protection
Focal Enterprises Pty Ltd respects the privacy of its users in accordance with the terms of Focal Enterprises Pty Ltd Privacy Policy. Focal Enterprises Pty Ltd reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Focal Enterprises Pty Ltd.
Choice of Law
This Agreement shall be governed by the laws in force in the state of Western Australia, Australia. The offer and acceptance of this contract is deemed to have occurred in Western Australia, Australia.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Western Australia, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, VFL shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and VFL.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination of Your Service
If we determine that any of your actions may harm VFL, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
Electronic Communications
The communications between you and VFL use electronic means, whether you visit the Site or Service or send VFL emails, or whether VFL posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from VFL in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that VFL provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
General
This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
We may subcontract any of our obligations under this Agreement to any person.
