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THE FAT SECTION WEBSITE USE TERMS AND CONDITIONS

These Terms and Conditions apply to your use of The Fat Section ABN 25 102 787 862 (The Fat Section, we, us, our) website which can be found at http://www.thefatsection.com.au/ and http://www.thefatsection.com/ (Website).  These Terms should be read in conjunction with the Online Shop Terms and Conditions.

By using the Website, you accept these Terms and agree to be bound by these Terms.  If you do not agree to these Terms, then you must not use the Website.

The Fat Section may modify these Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on our Website.  Any modifications become effective when they are first published on our Website and only apply to use of the Website after these Terms have been modified.  If you have agreed to receive communications from us via email, we may notify you of modifications to the Terms via the email address which you gave us to receive email communications from us.  If these Terms are amended, then your continued use of the Website constitutes acceptance of the updated Terms. We recommend that you regularly check these Terms for any amendments.

If you do not understand these Terms or if you have any questions, please email us at maria@thefatsection.com, and one of our representatives will be happy to assist you.

 

You should BE AWARE OF SEVERAL key terms

These Terms, including any additional terms and the Online Shop Terms and Conditions, form an agreement between you and The Fat Section.  These Terms apply to use of The Fat Section website.  In this summary we outline some of the key terms that apply to you.  This summary is designed to assist you by disclosing certain terms that affect you.  However it is not a substitute for reading and understanding the Terms.  Please contact us if you have any questions.

Limitations of our liability

Our liability to you and certain third parties is limited under the Terms and our liability for certain types of Loss is excluded.  These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Website, except where the Australian Consumer Law prohibits limitations and exclusions of liability.

Your liability and warranties

You acknowledge and agree that your access to, and use of, the Website is at your own risk.  Among your other obligations under the Terms, you will be responsible and liable for: (a) use of the Website by any person who has access to your login details and password; (b) internet access, data download and other network charges arising from your use of the Website; and (c) the operation, maintenance and security of your Device. 

Personal information

We may collect and disclose personal information and data relating to you from your use of the Website in accordance with the Terms and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)). 

Terminated or blocked access to the Website

We may decide to block your access to the Website (which we may do, for example, for security reasons).  We may request that you cease any conduct which is contrary to these Terms and it is your obligation to comply immediately with these requests. 

Suspended access and modifications to the Website

We reserve the right to:

  • suspend your use of, or withdraw, the Website and/or any of its features or components; and

  • add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components,

in each case at any time and for any reason, without notice to you.

 

  1. Definitions

Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Guarantees has the meaning given in clause 8.1.

Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;

Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

Online Shop Terms and Conditions means the terms and conditions governing the use of The Fat Section Online Shop and the ordering, purchase and delivery of our products, which can be accessed at http://www.thefatsection.com.au/ or http://www.thefatsection.com/, (or any replacement web page from time to time).

User Account has the meaning given in clause 4.1.

  1. Licence

    1. All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us or our licensors.

    2. We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use.

    3. You must not (and must not attempt to):

      1. except as permitted by the licence set out in clause 2.2, use or copy any part of the Website without our prior written consent;

      2. distribute, translate, modify or tamper with, any part of the Website;

      3. create derivative works of or from any part of the Website;

      4. sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or

      5. permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

  2. Use of the Website

    1. You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.

    2. You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.

    3. We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content, including to address security risks or other circumstances which may result in liability for us or other users of the Website.

  3. User Account

    1. You may be able to register an account with us and use login details and a password to access the Website (User Account), and this clause 4 only applies if you choose to do so.

    2. You must be at least 18 years of age to register a User Account.  If you are under 18 you must be under the supervision of a parent or legal guardian who is at least 18 years of age.

    3. You must obtain (or register) your login details and password as required by us and use them in the manner we direct from time to time in order to access the Website.

    4. We may decline to provide you login details or a password or to permit you to register login details or a password for the Website in our sole discretion if we consider, acting reasonably, that the you pose a security risk or are not acting in compliance with your obligations under these Terms.

    5. You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password.  If you breach your obligations under this clause 4.5 and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, as if that use of the Website was by you.

    6. You must promptly must notify us by email to maria@thefatsection.com if:

      1. there is any change to any of the contact or other details you register with us; or

      2. you have reason to believe that another person is aware of your password for the Website.

  4. Performance of the Website

    1. We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:

      1. you will be able to use the Website at any time; or

      2. your use of the Website will be continuous, uninterrupted, secure or error-free.

    2. You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

      1. any network connection difficulties occur;

      2. the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

      3. you breach any of these Terms; or

      4. we decide to terminate your access to those services for any reason.

    3. We make no guarantee as to the reliability or performance of the Website.  The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

    4. The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times.  You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.  Subject to clause 8, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this clause 5.4.

  5. Your obligations

    1. You must not use (or attempt to use) the Website:

      1. for any unlawful or dishonest activity, or any activity prohibited by these Terms;

      2. to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

      3. in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

      4. in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

    2. We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion.

  6. Security

    1. To use the Website and its features as intended, you must:

      1. enable the Website to use cookies; and

      2. grant it any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

  1. The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

  2. We do not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

  3. You acknowledge and agree that the transmission and exchange of information via the Website is carried out at your own risk.  We cannot guarantee the security of any information that you may transmit or receive from us via the Website and the broader internet.

  1. Consumer Guarantees

    1. Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

    2. The operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified.

  2. Liability

    1. You acknowledge and agree that your access to, and use of, the Website is at your own risk.

    2. To the extent permitted by law and subject to clause 8, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

    3. To the extent permitted by law and subject to clause 8, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:

      1. any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

      2. any other Losses.

  3. Privacy

    1. We may collect, use and store your personal information in accordance with these Terms, the Online Shop Terms and Conditions and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)), including for the purposes of making available the Website, complying with our legal obligations, enforcing our rights under these Terms (including to protect our copyright and other intellectual property rights) and improving the user experience in relation to the Website.

    2. If you use the Website, the information that we may collect and store includes, without limitation:

      1. the type of operating system or other software or firmware used by your Device;

      2. the data you send and receive using the Website, and the type and quantity of that data;

      3. the dates on which and times at which you use the Website; and

      4. the IP and MAC address of your Device.

This information is used in an aggregated manner to analyse how people use our Website so that we can improve the user experience of the Website.

  1. If you send any communications to us (for example, by providing feedback, making enquiries or responding to a survey) or register a User Account with us, we may collect personal information such as your name, phone number, mailing address and email address for the purposes of sending you information and providing updates with respect to that communication or setting up a User Account .

  2. We will only send you communications in accordance with these Terms or if you have authorised us to do so.  You may authorise us to send you communications about new and additional products, services and opportunities available to you.  You can unsubscribe to these communications at any time and at no cost.

  3. We may disclose personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes of making this Website, its content and functionalities available to you and otherwise operating The Fat Section, including to respond to complaints or investigate issues should they arise.

  4. You represent and warrant to us that the personal information you provide to us is complete and accurate.

  1. Third party links

The Website may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

  1. Suspension, withdrawal of or changes to the Website

    1. We reserve the right to:

      1. suspend your use of, or withdraw, the Website or any of its features or components; and

      2. add to, amend, remove, or disable access to, any part of the Website or any of its features or components,

in each case at any time and for any reason, without notice to you.

  1. If requested by us, you must immediately:

    1. cease use of the Website; or

    2. destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.

  1. General

    1. Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions.  The remaining Terms remain in force and constitute a binding agreement between you and The Fat Section.

    2. Relationship between the parties – Nothing in these Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

    3. No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

    4. Entire agreement – These Terms, including the Online Shop Terms and Conditions, and any other additional terms which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and has no further effect.

    5. Force majeure – To the extent permitted by law and subject to clause 8, The Fat Section will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.

    6. Governing law – These Terms are governed by the laws of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

    7. Dispute resolution – If you have any issue arising out of these Terms or in relation to the Website, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

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