Terms of service
OVERVIEW
This website is operated by Try Sageleaf. Throughout the site, the terms “we”, “us” and “our” refer to Try Sageleaf. Try Sageleaf offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time, subject to applicable law.
You understand that your content, not including credit card information, may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete or not current, except where required by applicable law.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update information except where required by law.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time, subject to applicable law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service except where liability cannot legally be excluded.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store.
We cannot guarantee that your computer, mobile device or monitor will display colours accurately.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, subject to applicable law.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice at our discretion.
We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this site is void where prohibited.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, subject to applicable law.
We may, in our discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
For more information, please review our Return & Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement, except where such warranties or guarantees cannot legally be excluded.
We shall have no liability arising from or relating to your use of optional third-party tools except where such liability cannot legally be excluded.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new Services and/or features through the website, including new tools and resources.
Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating their content or accuracy and do not warrant and will not have liability or responsibility for third-party materials, websites, products or Services, except where required by law.
We are not liable for harm or damages related to the purchase or use of goods, Services, resources, content or other transactions made in connection with third-party websites except where liability cannot legally be excluded.
Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively referred to as “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us, subject to applicable law.
We are under no obligation:
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to maintain any comments in confidence;
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to pay compensation for any comments; or
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to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for comments posted by you or any third party except where required by applicable law.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Please refer to the Privacy Policy available on our website for information about how we collect, use, store and disclose personal information.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable law.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, state, territory or local laws, regulations or rules;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against another person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, related websites, other websites or the internet;
(h) to collect or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or unlawful purpose; or
(k) to interfere with or circumvent the security features of the Service, related websites, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will always be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from use of the Service will always be accurate or reliable.
You agree that from time to time we may remove the Service for periods of time or cancel the Service at any time without notice, subject to applicable law.
To the maximum extent permitted by law, your use of, or inability to use, the Service is at your own risk.
The Service and all products and Services delivered to you through the Service are provided “as is” and “as available”, except as expressly stated by us or where applicable law provides otherwise.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, warranty, condition, right or remedy provided by the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, Try Sageleaf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers and licensors shall not be liable for indirect, incidental, punitive, special or consequential loss arising from your use of the Service or products purchased through the Service.
Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Try Sageleaf, and our parent entities, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by a third party due to or arising from your breach of these Terms of Service or documents incorporated by reference, or your violation of any law or the rights of a third party, to the extent permitted by law.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our judgment, you fail or we reasonably suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice, subject to applicable law.
You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us regarding your use of the Service.
They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia and the applicable laws of the Australian state or territory having jurisdiction.
Nothing in these Terms excludes or restricts any rights available to consumers under the Australian Consumer Law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Our contact information:
Trading Name: Try Sageleaf
Email: support@trysageleaf.com