Terms & conditions
This website and all its subdomains, including blogs (collectively, the “Site(s)”), are operated by Holistic Beverages Pty Ltd, an Australian company registered in New South Wales (ACN: 677 684 758, ABN: 84677684758) (“The Lovers' Potion,” “our,” “we,” or “us”). Your access to and use of our Site is subject to the following terms and conditions (“Terms and Conditions”). By using our Sites, you agree to these Terms and Conditions. Please read through these terms and conditions carefully. If you do not agree, you should immediately cease all usage of our Sites.
Description of Service
Our Site(s) provide information about The Lovers' Potion products, allow users to purchase The Lovers' Potion products (“Purchased Products”), and provide different ways to interact with The Lovers' Potion through newsletters, blogs, social media, and other outlets. Our Sites may contain text, designs, images, photographs, videos, audio clips, or other content (collectively the “Content”). Any new Content, services, or features added to our Sites in the future will also be subject to these Terms and Conditions.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all, or any portion, of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You understand that usage of our Sites may be interfered with, or adversely affected by, numerous factors or circumstances outside of our control.
Third-Party Sites and Third-Party Content
All Content contained in or on the Site(s) is the intellectual property of The Lovers' Potion unless otherwise noted or they are the copyrighted, trade marked, patented property, or trade secrets of third parties. The Lovers' Potion neither warrants nor represents that your use of the Content displayed on the Site(s) will not infringe upon the rights of third parties neither owned by nor affiliated with The Lovers' Potion.
Disclaimer of Warranties and Limitation of Liability
Using and browsing the Sites is done at the user’s own risk. Neither The Lovers' Potion nor any other party involved in creating, producing, or delivering the Site (THE “THE LOVERS' POTION PARTIES”) shall be liable for any damages of any kind, including but not limited to direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of, or browsing of, the Site or downloading of any materials, data, text, images, video, or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE.
While The Lovers' Potion uses reasonable efforts to include accurate and up-to-date information on our Sites, it makes no warranties or representations as to the accuracy, correctness, reliability, or otherwise with respect to such information and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the Content of the Sites.
Indemnification
Unauthorised use of the Content is strictly prohibited and is a violation of the rights of The Lovers' Potion and/or third parties, including, without limitation, under copyright laws, trade mark laws, and the laws of privacy and publicity. Furthermore, you agree to indemnify and hold The Lovers' Potion harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to, or arising out of, your use of the Site(s) in a manner not permitted by The Lovers' Potion, whether the violation was in a manner expressly, impliedly, constructively, or otherwise, not permitted by The Lovers' Potion. This includes, but is by no means limited to, your actual or alleged violation of these Terms and Conditions.
User-Submitted Content and User Conduct
The Lovers' Potion maintains a policy of not accepting or considering any creative ideas, suggestions, or materials from the public (“Submissions” or “User Content”), and therefore, you should not make any Submissions to The Lovers' Potion via any communications on this Site or through any other medium of communication. Nonetheless, if you do send us a Submission, despite our request that you not do so, then such Submission shall immediately become the property of The Lovers' Potion, and The Lovers' Potion shall exclusively now and hereinafter own all rights, title, and interest therein to the Submission(s). Furthermore, you acknowledge that by submitting User Content to The Lovers' Potion, you shall not receive any compensation, acknowledgment, credit, or any other form of recognition or remuneration for transferring the ownership rights in and to said User Content to The Lovers' Potion. In addition, The Lovers' Potion shall be free to use any Submission for any purpose whatsoever, including, but not limited to, the development, manufacturing, and marketing of products. The Lovers' Potion shall not be liable for such use or disclosure of such Submission nor for any similarities between the Submission and any future The Lovers' Potion uses or activities.
From time to time, The Lovers' Potion may ask that you transmit to the Site by email your feedback on The Lovers' Potion’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by The Lovers' Potion, (b) become the property of The Lovers' Potion, and The Lovers' Potion shall exclusively now and hereinafter own all rights, title, and interest therein, and (c) be used without restriction by The Lovers' Potion and/or its agents, licensees, and affiliates at its sole discretion without any obligation, compensation, or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, The Lovers' Potion shall be under no obligation to respond to any such communication.
Any liability associated with the Submission is the sole responsibility of the person who made such User Content available. Under no circumstances will The Lovers' Potion be liable in any way for any User Content made available through our Sites or in connection with any of our social media accounts.
We may not review all User Content on our Sites, so The Lovers' Potion is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the Content neither of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. The Lovers' Potion will fully cooperate with any law enforcement authorities or court order requesting or directing The Lovers' Potion to disclose the identity of anyone posting any such information or materials.
Packing and Handling
All Purchased Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing, or bundling.
Risk of Loss
You shall bear any and all risk of loss for any Purchased Products upon our delivery of the Products to the common carrier either at our shipping location or any other shipping location we designate. Any claims for loss, shortage, or damage to the Products which arises following our delivery to the common carrier should be submitted to the common carrier and is the sole responsibility of the common carrier.
Payments, Accuracy of Billing, and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information each and every time you purchase a product through us, whether online or at a physical location. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transaction(s) and contact you as needed.
Governing Laws
Lovers Potion Pty Ltd maintains and operates this Site from offices in New South Wales, Australia. These Terms and Conditions are governed and interpreted under the laws of the state of New South Wales, Australia. If any portion of these Terms and Conditions is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Changes to the Site
These Terms and Conditions set forth the entire understanding and agreement between you and Lovers Potion Pty Ltd with respect to the Site. You acknowledge that any other agreements between you and The Lovers' Potion with respect to the Site are superseded and of no force or effect.
Information on the Site is subject to change without notice. Information regarding The Lovers' Potion products and services is applicable only in Australia unless otherwise noted. Some products and services may not be available in certain areas. The Lovers' Potion makes no representations that the Content on this Site is appropriate or available for use in other countries aside from Australia. Those who access this Site from other countries are solely responsible for compliance with the local laws of that country.
Contact Us
If you have any questions about these Terms and Conditions, please feel free to contact us by email at info@loverspotion.com.