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Terms of service

 

Effective date: 28th November 2016
IMPORTANT- READ THIS AGREEMENT CAREFULLY: YOUR USE OF THE ALL THAT GOOD STUFF WEBSITE (THE “SITE”) AND SERVICES (THE "SERVICES") IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS.

As used herein, ‘you,’ ‘your,’ and ‘user’ means the person, including the company or organisation the person represents (if applicable), that either accesses this Site or registers for applicable Services, and ‘we,’ ‘our,’ ‘us,’ refers to All That Good Stuff.

1. ACCEPTANCE OF TERMS. All That Good Stuff makes available for your use on this Site and Services, information content and images (the "Information"), New Customer Registration, Existing Customer Registration and Customer Ordering (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing this Site and using our Services, you agree to the Terms of Use. All That Good Stuff shall have the right, in its sole discretion and with reasonable notice posted on the Site and/or sent to your email address provided in the Services, to revise, update, or otherwise modify the Terms of Use and Services, temporarily or permanently. Your continued use of the Services will constitute your acceptance of, and agreement to, such changes. Your use of this Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, All That Good Stuff will terminate your authorisation to use this Site and / or Services, and you must immediately destroy any Information downloaded or printed from this Site. If you disagree to any part of these Terms of Use, you should refrain from accessing this Site or using the Services.
2. SERVICES PROVIDED. All That Good Stuff, indirectly through an unaffiliated Internet service provider, shall provide you with electronic access, through your computer or other electronic device (collectively "Computer"), to the Information provided on the Site. We may provide other Services related to Customer Ordering as required.
3. USER CODES. As part of your registration process, you may be asked to select a user name ("Name") and/or password ("Password") (the Name and Password are hereafter referred to as ("User Codes"). The User Codes are for your personal use only. You are responsible for maintaining the confidentiality of the User Codes, and you agree not to provide them to any third party. You are responsible for all orders, statements made and acts or omissions that occur while your User Codes are being used. You are responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to notify All That Good Stuff immediately in the event of loss or theft of your User Codes, or if you believe the confidentiality of your User Codes has been compromised in any way, or in the event of you learn about a possible or actual unauthorised use of the Site. All That Good Stuff reserves the right to revoke your User Codes at any time without prior notice.
4. PRIVACY. The User's right to privacy is of paramount importance to All That Good Stuff. Proprietary and confidential information provided by the User will not be shared with any third party unless required by law. All That Good Stuff reserves the right to use the information to provide the User a more personalised online experience. For more details please refer to All That Good Stuff Privacy Policy, accessible online via the Site.
5. PERMITTED USE. You are only authorised to view and to retain a copy of pages of this Site for your own personal use whilst visiting the Site and/or ordering from All That Good Stuff. You may not duplicate, publish, modify or otherwise distribute the content and / or images on this Site, without our written consent.
6. RESERVATION OF RIGHTS AND OWNERSHIP. All That Good Stuff reserves all rights not expressly granted to you in this Agreement. The Information and Services are protected by copyright, trade secret and other intellectual property rights. All That Good Stuff owns all rights, title and interest in the Information and Services and all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or copyright of All That Good Stuff.
7. WARRANTIES AND LIMITATION OF LIABILITY. (a) Except as expressly set forth in this agreement, all Information and Services on this Site are provided "as is" without any warranty of any kind and All That Good Stuff hereby expressly disclaim all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title. Without limiting the foregoing, All That Good Stuff makes no warranty that (i) the Information and Services will meet your requirements, (ii) the Information and Services will be uninterrupted, timely, secure, complete or error-free, (iii) the results that may be obtained from the use of the Information and Services will be accurate or reliable, and (iv) the quality of any Information and Services purchased or obtained by you from the Site will meet your expectations. The Site could include technical or other mistakes, inaccuracies or typographical errors. The Information and Services at this Site may be out of date, and All That Good Stuff makes no commitment to update such Information or Services. All That Good Stuff makes no representations and assumes no liability regarding the quality, safety, accuracy, or suitability of any information, documents, materials, services or software which are referenced by or linked to from this Site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied.
(b) All That Good Stuff shall not be liable for any harm caused by the transmission, through the Information or Services, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the Site or any of your software, hardware, data or property. Except as otherwise provided by law, All That Good Stuff shall have no liability for losses caused by the negligence, actions or failure to act of any third party provider, and to the extent permitted by law, All That Good Stuff shall not be liable to you for any indirect, special, incidental or consequential damages of any kind, or any damages whatsoever (regardless of whether such damages are reasonably foreseeable), and on any theory of liability, arising out of or in connection with the use of this Site or of any third party site referenced or linked to from this Site.
(c) All That Good Stuff's Limitation of Liability. NEITHER PARTY SHALL HAVE ANY LIABILITY HEREUNDER FOR INDIRECT, SPECIAL, LOST PROFITS AND BUSINESS INTERRUPTION OR OTHER SIMILAR DAMAGES, EVEN IF THE AFFECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LIABILITY OF EITHER PARTY FOR CONSEQUENTIAL DAMAGES SHALL BE CAPPED AT THEIR RESPECTIVE INSURANCE LIMITS.
(d) To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of All That Good Stuff for any reason and upon any cause of Terms of Use, All That Good Stuff Proprietary & Confidential action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the Site, the Services, the Privacy Policy or this Terms of Use shall be limited to your direct damages actually incurred up to the amount, if any, paid by you for using the Services.
8. INDEMNITY. You acknowledge that you are personally responsible for your behaviour while on this Site and using our Services, and agree to indemnify All That Good Stuff and its officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind that All That Good Stuff may incur in connection with a third party claim or otherwise, in relation to your use of this Site and / or Services.
9. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that you are of the age of majority and that all Information provided by you during the registration process is true, correct, complete and accurate. Persons under 18 years of age are not permitted to use the Services.
10. CONFIDENTIALITY. Customers and other authorised users who access your Information through our Services shall agree to confidentiality and other terms and conditions of use in a separate agreement.
11. TERMINATION. If you breach any of the Terms of Use, your authorisation to use this Site automatically terminates. Upon termination, there shall be no refund of any monies paid by you for access to the Site, and you shall immediately destroy any Information downloaded or printed from the Site. Paragraphs 4, 5, 6, 7, 8, 10, 12, 14 and 15 shall survive termination of this Agreement.
12. ASSIGNMENT. The Terms of Use shall be binding upon and inure to the benefit of the parties and their respective executors, heirs, successors and permitted assigns. You may not assign the Terms of Use or your rights or obligations hereunder without the prior written permission of All That Good Stuff. All That Good Stuff may assign the Terms of Use or any of its rights or obligations hereunder and agrees to give reasonable notice of such assignment.
13. ENTIRE AGREEMENT; SEVERABILITY. The Terms of Use and guidelines and rules referred to herein represent the complete and exclusive statement of the agreement and understanding between you and All That Good Stuff regarding your rights to access and use the Information and Services on the Site, and they supersede all prior and contemporaneous agreements and representations regarding such subject matter. To the extent there is any direct inconsistency between these Terms of Use for the Site and another agreement related to the subject matter hereof entered between you and All That Good Stuff, then the terms in such agreement will control. In the event that a subject is addressed in the Terms of Use for the Site and not in such agreement, then the terms in the Terms of Use of the Site will control. Except as herein provided, no waiver, modification or amendment of any provision of the Terms of Use shall be effective against All That Good Stuff unless the same is in writing and signed by an authorised official of All That Good Stuff. Should any term or provision in the Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
14. WAIVER. All That Good Stuff's failure to insist at any time upon strict compliance with any provision of the Terms of Use, or any delay or failure on All That Good Stuff's part to exercise any power or right given to All That Good Stuff in the Terms of Use, or a continued course of such conduct on All That Good Stuff's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to All That Good Stuff in the Terms of Use are cumulative and not exclusive of any other rights or remedies which All That Good Stuff otherwise has at law or equity.
15. GOVERNING LAW. The Terms of Use will be governed and interpreted in accordance with the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of New South Wales courts regarding any disputes that may arise in connection with these Terms of Use or the Site’s Information and Services.


Changes to this agreement
Please note that this Agreement may change from time to time. The Site reserves the right, in its sole discretion and with reasonable notice posted on the Site and/or sent to your email address provided in the Service, to revise, update, or otherwise modify this Agreement. Your continued access to the Site or use of the Service will constitute your acceptance of, and agreement to, such changes. Each version of this Agreement will be identified at the top of the page by its effective date.