LEGAL

Privacy Policy and Terms & Conditions

Privacy Policy

THEO | The Healthy Eating Option Privacy Policy

THEO | The Healthy Eating Option is committed to protecting and respecting your privacy and this policy outlines our processes and obligations in respect of how we collect, use, manage and disclose your personal information.

Personal information is information or opinion which identifies an individual. By using THEO | The Healthy Eating Option website you consent to our collection, use and disclosure of this information in accordance with this policy.

We may change our Privacy Policy by publishing changes on our website and encourage you to check our policy periodically to ensure you are aware of our current Privacy Policy.

Personal information we collect

The personal information we collect from you is what is reasonably necessary for our business functions. Examples of the type of personal information we may collect at THEO | The Healthy Eating Option are:

  • Your Name
  • Address
  • Contact details
  • Information about your dog including name, breed, weight, age and other details

If you are a candidate for employment we may collect other information as set out in our application forms and during the recruitment process. This may include, but is not limited to, information relating to your employment history, working eligibility rights, suitability for the role you are applying for, and your referee details; and any other data reasonably necessary for our business functions.

How we collect your personal information

You are not anonymous to us when you log in to THEO | The Healthy Eating Option website (‘Site’) or post any content on the Site or any associated forum. To enable us to improve our existing services and to create new service features, we may collect, and share with other users and our service providers, information about the way you use our services, including (but not limited to) the transactions you enter into on the Site. We may collect your personal information when you:

  • Have consented to your personal information being shared with us and that consent has not been withdrawn;
  • Use the Site to create an account, place an order or subscribe to our marketing programs;
  • Access and use the Site, or interact with us via social media or digital media;
  • Provide information to our team members;
  • Or otherwise communicate in a public forum on the Site

We do not in any way control, and do not accept any responsibility or liability whatsoever for, the disclosure or use of personal information which is voluntarily posted

by you in any publicly accessible area of the Site.

We may also receive and record information from your internet browser and computer, including IP addresses, cookies (see ‘Collection of Device Data including Cookies’ below), software and hardware attributes and your page requests.In addition to data collected from your submissions, We may also collect data on your internet behaviour from Facebook, other social media sites, and other services.

Collection of Device Data including Cookies

Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites and services may not work as intended if you do this.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer. We may use cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on THEO | The Healthy Eating Option's user base, and to improve THEO | The Healthy Eating Option's products and services. As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in.

How we use your personal information

We collect your personal information for the primary purpose of being able to sell, deliver and promote our products and services to you. We also collect your personal information for the following purposes:

  • To identify you and authenticate your account;
  • To protect THEO | The Healthy Eating Option and the users of the Site;
  • To customise the content and any advertising displayed on the Site;
  • To provide, maintain, protect and improve our products and services;
  • To develop new service features;
  • To deliver products and services to you;
  • To identify your preferences and a list of products and services you have purchased from THEO | The Healthy Eating Option;
  • To communicate with you, including about products and services, special offers and events which might interest you;
  • To answer your questions and provide you with information or advice;
  • To collect information you provide to us via our Site, application forms, or directly to team members in relation to our products and services;
  • To understand your marketing preferences, including the type of marketing materials you wish to receive and the method of delivery (email, SMS, direct mail or other);
  • To interact with you via social media and digital marketing;
  • To identify the devices that you use, when you use a computer, mobile phone, smart phone, tablet, or other device to access or interact with us through our online presences (including the Site, websites or pages, social media accounts and other online presences). This information may include session cookies, your device IMEI number, IP address or MAC address; and
  • To comply with laws or regulations or to comply with any directions given by regulators or authorities.

Disclosure of personal information

Your personal information may be disclosed in connection with any purpose to any of the following persons:

  • Our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you;
  • Our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
  • Suppliers, delivery providers and other service providers and third parties with whom we have commercial relationships, for business, marketing and related purposes;
  • A third party where that third party acquires or intends to acquire THEO | The Healthy Eating Option or its assets; and
  • If required by law, to any person authorised by such law; and for any other purpose permitted by law.

Your personal information will not be disclosed other than as described in this Privacy Policy.

Protecting and maintaining personal information

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of administrative and technical measures to protect your personal information.

We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure. However, we cannot guarantee the absolute security of that information, or that our systems will be secure from unauthorised access, modification or disclosure. [All the personal information you provide to us is protected by an encrypted connection]. However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information to the Site within a secure environment.

You are entirely responsible for maintaining the security of your account information.

Updating and Accessing your personal information

You can update your personal information at any time by emailing info@theoption.com.au.

If you require access to the personal information, we hold about you please email us at info@theoption.com.au. We will require proof of identity before we provide you access to your personal information. For most requests your information will be provided free of charge, however we may charge a reasonable fee if you request requires substantial time and effort on our behalf.

How to make a complaint

If you wish to make a complaint about the way we have handled your personal information please contact us by emailing info@theoption.com.au. Be sure to include a detailed description of your complaint and your contact information and we will get back to you with-in a reasonable period of time. If you do not believe we have adequately addressed your complaint we will advise you on further steps you can take.

Contact us

For further information regarding our privacy policy or practices, to request access to your personal information or to make a complaint please contact us by emailing info@theoption.com.au

Terms & Conditions

THEO | The Healthy Eating Option Terms & Conditions

This page tells the customer (you/your) the terms and conditions on which THEO | The Healthy Eating Option Pty Ltd ABN 90 642 270 219 and trading as "THEO | The Healthy Eating Option" (we/our/us) will supply to you the products listed on our website www.theoption.com.au (Site), via one of our subscription services (Services). Please read these Terms and Conditions carefully before subscribing to one of our Services or ordering any Products from the Site. You should understand that by subscribing to our Service and ordering any of our Products, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to subscribe to our service or order any Products from the Site.

Summary of Key Terms and Conditions:

By subscribing to THEO | The Healthy Eating Option you are agreeing to all the terms and conditions set out in the full terms and conditions.

All these points are included in the full terms and conditions below, but we wanted to highlight some of the most important ones for you:

  • THEO | The Healthy Eating Option is a subscription service – once you sign up we deliver until you tell us to stop. This entails a recurring periodic payment. You can adjust your subscription at any time and there is no minimum term.
  • The cut-off time for subscription adjustments (pauses, cancellations, order restarts, address and meal plan changes) is Friday 11:59pm AEST/AEDT the week prior to your next delivery.
  • This cut-off time is effective from Tuesday 1st September 2020 until further notice
  • You must live in our delivery area to order.
  • Delivery windows vary by location. If you will not be home please make an alternative arrangement and leave specific delivery instructions by emailing info@theoption.com.au.
  • Ownership of the products will transfer to you once we have delivered in accordance with your delivery instructions.
  • We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee, special requests.
  • If a re-delivery is required at an alternative time through no fault of THEO | The Healthy Eating Option or our logistics partners an additional fee of $20 may be charged.
  • As part of the service you are able to customise in terms of meal selection however at this stage we cannot accommodate individual meals based on dietary requirements or preferences of your animal.

Full Terms & Conditions

1. Information about us

  • We operate the site located at www.theoption.com.au. We are THEO | The Healthy Eating Option Pty Ltd (ACN 642 270 219) trading as THEO | The Healthy Eating Option.

2. Service Availability

  • The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address for all orders accepted online. We do not accept orders by phone.

3. Your Status - By placing an order through our site, you warrant that:

  • You are legally capable of entering into binding contracts; and
  • You are at least 18 years old; and
  • You are resident in one of the Service Areas

4. How the contract between you and us is formed

  • After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted.
  • An Order will relate only to the Product or Service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.

5. Acceptance or Rejection of an order

  • We reserve the right to accept or reject an Order for any reason, including if the requested Product/s is/are not available or if there is an error in the price or the Product description posted on the Site or in an Order.
  • If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
  • You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
  • If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.

6. Subscription services

  • When you place an Order for a Subscription Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the site. Subsequent recurring orders will be charged following the relevant weekly Order Cut-Off, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
  • By subscribing to the Service, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area of the Site.
  • You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Products from us provided that your adjustment request is received through the customer login area of the Site and by the cut-offs outlined below. You will not be charged a cancellation fee. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
  • We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.

7. Subscription Management

  • There is no minimum term.
  • Subscription cancellation and adjustment requests must be received through the customer log-in section of the Site.
  • The cut off time for subscription adjustments (pauses, cancellations, order restarts, address and meal plan changes) is Friday 11:59pm AEST/AEDT the week prior to your next delivery. This cut-off time is effective from Tuesday 31st September 2020 until further notice
  • You will be liable for all orders in the upcoming 14 day period that you had committed to at order cut-off.
  • You may cancel an Order at any time after first placing an Order with us by sending an email to info@theoption.com.au provided it is prior to the relevant weekly Order Cut-Off. If you cancel an Order after the Order cut-off for the upcoming delivery week, we have no obligation to cancel an Order and/or refund you any money.

8. Change of Details

  • Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
  • We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.

9. Price

  • From time to time we may need to revise the price of our service. For any price variations in relation to the Service, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.

10. Payment

  • Payment for all Products and Services must be by payment of invoice or any other payment method listed on the online checkout page of the Site.
  • Orders will be charged to your nominated payment method: (a) It is your responsibility to ensure your invoices are paid prior to cut-off time which is Friday 11:59pm AEST/AEDT the week prior to your next delivery. This cut-off time is effective from Tuesday 31st September 2020 until further notice accepted payment method details are valid and up to date. (b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
  • Storage of Collected Information: (a) THEO | The Healthy Eating Option does not collect or store payment information. Invoice payments and direct debits are set up at your end. (b) Complete debit/credit card details cannot be viewed by THEO | The Healthy Eating Option or any outside party.
  • Failed payments: (a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. (b) If we have not receive payment in time your Product may still be dispatched under the terms of the service and the sale will be deemed to have occurred. (c) In such instances THEO | The Healthy Eating Option will remind you to make payment, to recover any outstanding amounts. (d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party. (e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
  • Extra fees: (a) If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
  • Debt collection: (a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments. (b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
  • Suspected fraud accounts: (a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred. (b) We reserve the right to terminate your order or accounts following the investigation.

11. Refund Policy

  • If you have cancelled an Order in accordance with clause 7.5, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In the event of cancellation prior to the cut-off time for subscription adjustments we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us.
  • Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that the Product is defective or fails to comply with the Statutory Guarantees provided pursuant to the Australian Consumer Law, we will examine the received evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
  • If you seek a refund for any other reason, you can request a refund by email to info@theoption.com.au and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
  • We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  • Refunds will not be provided for if you enter an address incorrectly or are unable to collect your delivery following the satisfactory execution of the delivery instructions.

12. Delivery

  • We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial Order.
  • If we implement a delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
  • During the ordering process, you must select a date/delivery window for us to deliver the Order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an Order.
  • We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
  • We will deliver the Products to the front door of your nominated delivery address (Delivery Address). If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
  • We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
  • We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
  • If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
  • You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
  • You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.

13. Vouchers and Gift Cards

  • We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
  • A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase.
  • We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
  • Vouchers may only be redeemed through the Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
  • Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be charged at normal rates.
  • Vouchers and Customer credits are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.

14. Risk and Title

  • The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
  • Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any excess delivery or payment charges.

15. Disclaimer and Limitation of Liability

  • The following paragraphs exclude or limit our liability for your use of the Site and our Products and Services. They all apply so far as the law permits.
  • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  • You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
  • To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  • You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  • The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
  • We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
  • Except for the gross negligence or willful misconduct of THEO | The Healthy Eating Option, under no circumstances shall THEO | The Healthy Eating Option, it’s suppliers, or their respective directors, officers, employees or agents be liable to you or any third party for any lost profits, lost revenues or loss of business, or any direct, indirect, consequential, incidental, special or punitive damages whether in contract or in tort including negligence, arising in any way out of access to or use of or inability to access our website, its content or the products and services, even if THEO | The Healthy Eating Option is expressly advised of the possibility of such damages. IF any jurisdiction prohibits the foregoing disclaimers, limitations and exclusions, in such jurisdictions the foregoing disclaimers, limitations and exclusions shall be limited to the extent permitted by that jurisdiction.
  • To the extent permitted by law: 1. our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to: (i) In the case of the supply of Products: (A)replacement or resupply of the Products; or (B)the cost of replacing or resupplying the Products; (ii) In the case of the supply of Services: (A)supplying the relevant Services again; or (B)the cost of supplying the relevant Services again, and; 2. in any event, will not exceed the fees paid by you to us under the relevant Order.
  • To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

16. Indemnification

  • You agree to defend, indemnify, and hold harmless THEO | The Healthy Eating Option, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website or the Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release THEO | The Healthy Eating Option from any and all claims or liability related to any product or service of THEO | The Healthy Eating Option and any conduct, action, or inaction by THEO | The Healthy Eating Option or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.

17. Important notice about Linked Websites

  • The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
  • The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
  • To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

18. Transfer of Rights & Obligations

  • These Terms and Conditions are binding on you and us and on our respective successors and assignees.
  • You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

19. Intellectual Property Rights

  • We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  • You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
  • If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.

20. Force Majeure Events

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks;(f) epidemic, pandemic or other health emergency (whether declared or not); and (g) the acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

21. Privacy

  • Our Privacy Policy is a separate document available on the Site.
  • We may use your contact information to send you newsletters from us and from our related companies.

22. General

  • These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
  • The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
  • Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
  • Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
  • If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
  • These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.