By using the Site, participating in the Rewards or Reviews Program, or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
2. Not Healthcare Advice
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and/or Australian Government Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.
We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
3. Authority & Domestic Use
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
4. Site Usage & Termination
You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or out-dated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or out-dated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside Australia, or that this Agreement complies with the laws of any other country. Users of the Site outside of Australia do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
5. User Content and Conduct
Where applicable at the Site, you may post your own content (“User Content”). You understand that you are solely responsible for any content you post to the Site. You alone assume all risks associated with your content including anyone’s reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your content that makes you identifiable. Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by us. You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or is unlawful or violates or advocates the violation of any law or regulation. We cannot guarantee that your content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to the Site. We will not be liable for any user content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any user content in any manner posted to the Site. We are not responsible for any user’s use or misappropriation of any content you post to the Site.
By posting user content to the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, host, store, reproduce, adapt, publish translate, edit, sub-license, modify, create derivative works from, communicate, publish, publicly display and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to the Site. This license continues even if you stop using our Site.
You understand that we may preserve user content and may disclose user content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any user content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
Your content postings are voluntary including ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. We are not liable for any disclosure of any user content including opinions or suggestions you post to the Site. We are entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
You agree not to use the Site to:
a. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
b. Harass, stalk or otherwise abuse another.
c. Impersonate any entity or misrepresent your affiliation with any person or entity.
d. Harm minors.
e. Attempt to disguise the origin of any user content posted to the Site.
f. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
g. Post or otherwise transmit any user content that infringes on any patent, copyright, trademark or other proprietary rights (“Rights”) of any party or post or otherwise transmit any protected material on the Site.
h. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
i. Post or otherwise transmit any content that contains viruses, Trojan horses, or other harmful, disruptive or destructive materials that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with any third party’s use of the Site.
j. Collect data about other Site users.
k. Gain access to unauthorized areas of the Site including servers or networks.
We will terminate the account and/or block Site users who violate the intellectual property rights of any person on the Site. You understand that by using the Site you may be exposed to other’s user content that is indecent or otherwise objectionable. We do not endorse or have control over user content. User content is not reviewed by us prior to posting and does not reflect our opinions. We make no representations or warranties express or implied with regard to the accuracy or reliability of user content or any other material or information you may obtain from the Site. We are not responsible for monitoring the Site for inappropriate user content or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the user content, have no obligation to modify or remove any inappropriate user content, and have no responsibility for the conduct of the Site users submitting any such user content. Notwithstanding the foregoing, we reserve the right to remove any user content that violates this Agreement or is otherwise objectionable, in our sole discretion. You agree that you must evaluate, and bear all the risks that are associated with the use of any user content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any user content. You are solely responsible for your interactions with other Site users. We, in our sole discretion, have the right but are under no obligation to monitor communications between you and other Site users and to terminate your Site access.
You agree to indemnify us for any and all third party claims, damages, losses, liability and causes of action in any way arising from or as a result of your posting any content or materials or your failure to comply with this Agreement. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us.
We do not and cannot review all communications and content users post or upload to the interactive areas of the Site. We are not responsible for any of the content of these communications or materials posted or uploaded to the Site. We reserve the right to block, move, delete, edit in whole or in part, any content submitted by you to the Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or a violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to us in our sole discretion. Any content posted to interactive areas of the Site should not be construed as professional healthcare advice or instruction.
Your privacy and security are a top priority at Fresh Spirulina. Since our inception in 1996, we have never rented, leased, or sold any customer information — and never will.
When you submit personal information on the Site you are consenting to the manner in which we will collect, use, disclose and otherwise manage your personal information, as set out below.
Collection and Use of Personal Information:
We may collect personal information that you provide us when you: (a) purchase, order, return, exchange or request certain information about our products and services; (b) contact a call center or Customer Service; (c) visit or register with our Site or participate in another feature of our Site; (d) enter into a contest or sweepstakes or respond to one of our surveys; or (e) provide us with comments or suggestions. We may also collect personal information about you from service providers who provide us with e-commerce related services related to the Site. We take reasonable and appropriate steps to protect your personal information from unauthorized disclosure or access. However, no data transmitted over the Internet or stored on a server can ever be 100% secured. Therefore, while we strive to protect your privacy and personal information, we cannot guarantee the security of any information transmitted or disclosed to us online. We are not responsible for the disclosure, destruction or theft of your personal information. If you opted to register with us, you established a password for your account, in which case your online account information will be protected by your password. We suggest that you do not disclose your password to anyone. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. We suggest creating challenging passwords such as those with alphanumeric combinations.
We utilize “cookies” which, if you allow their use, store small amounts of data on your computer when you visit the Site. Cookies assist us in tracking which of features of the Site you like best. Therefore, cookies enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our Site is viewable even if you disable the cookie function on your browser. However, if you disable cookies, main functionality like account login and checkout will not work.
Part of this technology utilizes internet “cookies.” Cookies are stored on your hard drive in the form of a text file. Most cookies are “session cookies” meaning that are automatically deleted when you close your browser. Other cookies are called “persistent” because they do not expire. Typically these cookies allow us to provide targeting information about products and pricing. However you can easily remove them by following the directions in your browsers help file. While this statistical data is collected, it is important to note that we do not sell, rent or lease any of your personal information.
Promotional Information and Marketing Materials:
We would like to inform you of products and services, sales and special offers that might benefit you. When you register online or participate in a survey, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers. We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers.
When you submit personal information on our website, your information is protected both online and offline. We can only access your credit card (but not your actual credit card information) to issue credits, never for actual charges. Only you can produce a charge by placing an order in your password-protected account.
While on a secure page, such as our order form which is hosted in a secure data facility, the lock icon of your web browser becomes locked (i.e on the PayPal payment gateway). This indicates that the connection between your web browser and our web server is secured. While on a secure page, the ‘http’ on your browser changes to ‘https’.
When you submit sensitive information (such as credit card number), that information is encrypted and is protected with the encryption software which meets or exceeds industry standards – (Secure Socket Layer).
Fresh Spirulina & Third Parties:
Like most retailers, as you visit our websites, we are collecting information about that visit. We collect this information to improve our delivery of information and services to you. In order to collect this information, we utilize technology from third party companies like Google. For example we utilize Google Analytics to aid in website measurement. This software is employed to evaluate – anonymously and in aggregate – how people use the Fresh Spirulina family of websites.
This software provides information about your device (e.g. computer, tablet, smartphone), the type of browser (e.g. Chrome, Safari, Firefox) and operating system (e.g. Windows, Macintosh, Android, iOS). We gather this information to make sure the websites are optimized based on the technologies the majority of people are using to access our websites.
Disclosure of Personal Information:
We may provide your personal information to any of our affiliated businesses. We enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to our customers. We may send you mail, email or call you with information about product and services offered by these advertisers or other companies if you have provided us with your name and address, email address or phone numbers.
Access to Personal Information by Companies that Work with or on Behalf of Fresh Spirulina:
Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated companies. These companies may share personal information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfilment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. These companies may have access to your personal information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your personal information for any reason other than to provide you with those specific services.
If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (United States Postal Service, UPS, Australia Post or other delivery companies we or you select). Our delivery service providers are asked not to use your personal information for any purpose other than making the delivery.
Sale of Business:
In the event that we or some of our assets are sold or transferred or used as security, your personal information may be transferred to third parties as part of that transaction.
Disclosures of Personal Information in Legal Proceedings:
If we or any of our service providers is requested by law enforcement officials or judicial authorities to provide personal information on individual users, we or the applicable service provider may, without your consent, provide such information. In matters involving claims of personal or public safety, we or the applicable service provider may provide your personal information to appropriate authorities without your consent or court process. We or our service providers also will provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us, the applicable service provider, or otherwise as required by law. We may also disclose personal information to assist in debt collection where you owe a debt to us.
Information Sharing Disclosure Requests:
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom we or any of our affiliates have shared the personal information we have collected from you. You may request the Notice of Information-Sharing Disclosure by contacting Customer Service.
7. Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. FRESH SPIRULINA AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “FRESH SPIRULINA ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FRESH SPIRULINA ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM FRESH SPIRULINA ENTITIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH SPIRULINA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FRESH SPIRULINA ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH SPIRULINA ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY AS APUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FRESH SPIRULINA ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN FRESH SPIRULINA AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF FRESH SPIRULINA ENTITIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM FRESH SPIRULINA ON THE SITE.
You agree to indemnify, defend and hold harmless Fresh Spirulina from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Fresh Spirulina.
9. Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site the Reviews and Rewards Programs, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States, Australian and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation Fresh Spirulina are the sole property of Fresh Spirulina and may not be copied or otherwise used, in whole or in part without the prior written authorization of Fresh Spirulina. In addition all page headers, custom graphics and custom icons are Marks of Fresh Spirulina and may not be copied or otherwise used, in whole or in part without the prior written authorization of Fresh Spirulina. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Fresh Spirulina is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.
10. Fresh Spirulina Rewards and Reviews Programs
a. Participation (Voluntary):
Your participation in both the Rewards and Reviews Programs is voluntary and is effective until terminated by either us or you. Either we or you may terminate your Rewards and Reviews Program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to us by sending an email to: email@example.com. You are only eligible to accumulate referral rewards on sales occurring during the term of your Rewards Program participation. Unused Rewards expire 180 days after the date when they are posted in your Fresh Spirulina account.
b. Modification and Termination of the Rewards and Reviews Programs:
We may modify the terms of this Agreement and/or terminate the Rewards and Reviews Program at any time and by our sole discretion, by posting a change or termination notice on freshspirulina.com.au, a country-specific website, mobile website, mobile app or Fresh Spirulina Rewards website . Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and applicable rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE APPLICABLE PROGRAM YOUR CONTINUED PARTICIPATION IN THE APPLICABLE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event of termination of the Rewards Program by us, our obligation is to distribute Rewards Program rewards to you, in our sole discretion, either in the form of Rewards to be used towards freshspirulina.com.au purchases or a check (as the case may be). Our obligation is limited to a maximum of three months of Rewards, calculated based on your Rewards for the month prior to the month in which the Rewards Program is terminated.
We reserve the right to terminate any account if we deem the account is linked to fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the Rewards Program including, but not limited to, using more than one account.
c. Independent Evaluation:
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE REWARDS PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE REWARDS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
d. Receiving Rewards:
We appreciate the “word of mouth” advertising our customers provide and reward you for introducing your relatives and friends to Fresh Spirulina. Rewards are accumulated when others use your email address or Rewards Code to place an order. Rewards can be used towards purchases on freshspirulina.com.au or can be redeemed for cash at a specific accumulation amount.
For the referral payment schedule and information on the Fresh Spirulina Rewards Program, visit our frequently asked questions page at http://rewards.freshspirulina.com.au/FAQ. This page is hereby incorporated by reference and included as part of this Agreement. You represent that you have read the FAQ page and agree to the terms set forth therein.
WE RESERVE THE RIGHT TO TERMINATE THE REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION.
e. Using Rewards:
When you receive Rewards, simply log into your Fresh Spirulina account and shop as you normally would. Once you begin adding items to your shopping cart, you will see available Rewards being automatically subtracted from your subtotal, assuming you have accepted the most recent Agreement. If you have not accepted the most recent Agreement, then no Rewards will be available for use until such time as the most recent Agreement has been accepted. Unused Rewards expire 180 days after the date when they are posted in your Fresh Spirulina account.
On the last day of each month, any account holder with a specific amount in Rewards may elect to “cash out” and receive payment if they provide tax ID information to Fresh Spirulina. Reward amounts below a specific threshold will be rolled over to next month. You will be responsible for any and all tax liability arising from any Rewards you accumulate under the Rewards Program.
Your Rewards Code is valid only for use by first time customers that you have referred to Fresh Spirulina. To ensure that you don’t lose credit from referrals, Fresh Spirulina applies available Rewards automatically to your personal purchases, subject to acceptance of this Agreement.
WE RESERVE THE RIGHT TO TERMINATE THE REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION.
f. Tax information:
You will be responsible for any and all tax liability arising from any rewards you accumulate under the Rewards Program. We are obligated by Australian federal law to obtain tax information from Rewards Program participants who are Australian citizens or Australian residents and from Rewards Program participants who are not Australian citizens or residents but whose businesses are taxable in Australia. If we believe you are a Rewards Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your Rewards until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. For US citizens or residents, information about submitting tax information is available on Rewards.freshspirulina.com.au.
g. Promotional Activity:
You may share your Fresh Spirulina Reviews as well as your Fresh Spirulina Rewards Code on a personal blog or any available social media accounts (e.g. Facebook, Twitter and Google+) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar or any other content that could be interpreted as being managed by Fresh Spirulina. Likewise, your blog, website or social media pages may not resemble the Site or include any content that could be on its own or in the aggregate be interpreted to indicate an affiliation with us, including, but not limited to, use of any our trade name, trademark, trade dress, copyrighted material, or any similar protected content.
You may also email your Fresh Spirulina Rewards Code or send a text message to friends and family. In doing so, you represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain names that include the word “Fresh Spirulina” or certain variations and misspellings. We don’t want to confuse the general public about which are the official Fresh Spirulina websites.
We don’t want to confuse the general public about which are the official Fresh Spirulina mobile applications, so you may not create one that looks similar to any Fresh Spirulina apps. Your app may not integrate and/or use our app in any way. Likewise, you are not permitted to participate in any advertising as the Rewards Program is not intended for commercial purposes.
Your Fresh Spirulina MyPage Profile is intended to provide some non-personal background information (e.g. your favorite hobby) to other customers. This helps others better understand the perspective of your review, not just whether you liked or did not like the product. For example, a person aged 25 using a product designed for someone over the age of 50 probably won’t have the same product experience.
Your Fresh Spirulina MyPage Profile should not include Fresh Spirulina Rewards codes, mention discounts, URLs or contain content that promotes the Rewards Program unless otherwise provided by Fresh Spirulina.
Your MyPage Profile Link Name should not mislead or misrepresent yourself to others. Phrases including, but not limited to “click me, open me, save $5″ or “first-time customers” are not appropriate for this section. Instead, please select a MyPage Profile Link Name that applies to your personality, location or something unique about you — such as “Aloha-Bob” or “Sarah-Skydiver.”
h. Program Participation:
By participating in the Rewards and Review Programs, you represent that you are at least 18 years of age. These Programs can only be used by one customer account per household. If you have multiple adults living at the same residence, there should only be one Rewards Code for the entire family. Likewise, while products can be used many people in the household, the Review should only apply to one Rewards Code. Any misuse of the Rewards Program will result in immediate termination and forfeiture of all accumulated Rewards.
i. No Statements Regarding Product Claims:
You represent and warrant that you will not make any statements and/or product claims not approved by the United States Food and Drug Administration and/or Australian Government Food and Drug Administration. If you are unsure about the answer about a product or service, refer others to the manufacturer directly. On each product page we have direct links to the manufacturer’s website.
j. No Warranty:
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement
12. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
13. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Queensland, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Fresh Spirulina Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND FRESH SPIRULINA ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT IN YOUR AND ITS/THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Fresh Spirulina Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
The arbitration will be conducted in Brisbane, Queensland by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the Australian Institute for Commercial Arbitratio (available on line at www.aica.asn.au). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
You and Fresh Spirulina Entities shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of the Fresh Spirulina to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Fresh Spirulina Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
15. Contact Us
If you have any questions about this Agreement, contact our Customer Service.