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TERMS & CONDITIONS

Welcome to our Site www.annwencandy.com ("Site"). This Site is owned by Annwen Candy ABN 6253 4624 877.

These Terms and Conditions of Use ("Terms") , together with our Privacy Policy and Site Disclaimer ("Agreements") govern our relationship with you in relation to your use of this site.
You must not access, browse or use this Site unless you agree to be bound by these Agreements. If you continue to browse and use this Site you are agreeing to do so only for your own personal, non-commercial use and comply with and be bound by the following Terms. If you do not agree to these Terms, you must not use this Site.

In these Terms:

"You" and "your" refers to you, the client, visitor, customer, consumer, purchaser or person using our Site; and "We" "us" and "our" refers to Annwen Candy and our Site.
If you have any questions about these Terms please Contact Us.

Amendments to Terms

We reserve the right to amend our Terms at any time. Your use of our Site following any amendments will represent your agreement to be bound by these Terms as amended.
We therefore recommend that each time you access our Site you read these Terms.

Conditions of Use of Site, Products and Services

To the extent permitted and required by law, this is a risk warning pursuant to various civil liability and consumer protection legislation.

This Site and its products and services are intended for residents of Australia only. Your access to and use of all information on this Site including the purchase and use of any product or service is subject to the following Terms. If you access this Site outside of Australia, you are responsible for compliance with all local laws.
To the extent the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation applies, you acknowledge that your use and participation in any of our products and services may involve risk, including personal injury.
You must assess all the risks involved, including risks that may be caused by your own act or omissions, your health condition, those of other users of the Site and risks that are not known to you or readily foreseeable at the time of purchasing products or participating in the services. By participating, you acknowledge you are doing so voluntarily and at your own risk.
You assume all risks in connection with any of our products and services; however, we do not exclude our liability to significant foreseeable injury, which is caused by our reckless conduct in the supply of our products and services.

Medical Consultation

It is important that before you begin any health and wellbeing regime, you consult with your healthcare professional to ensure that you are mindful of your current health and any restrictions, aliments or allergies specific to you.
Please note: Though our products and services cater for better and healthier living, we are NOT qualified health practitioners therefore you MUST consult a qualified medical professional if you have any questions concerning your health and wellbeing.
You should immediately seek medical attention if there are any unanticipated changes to your physical health at any time for the duration these Terms apply to you.

Site Information

All information provided by us on the Site is provided in good faith. We may provide health, fitness or nutritional information for educational purposes. We derive our information from sources we believe to be accurate and up to date as of the date of publication. We may update any information at any time and you acknowledge that the information on the Site may not be the most current knowledge.
The Site is not intended to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any other therapeutic purposes. Before relying on any nutritional or other information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.
No information in this Site is intended to be used as medical, nutritional or other professional health advice, nor does the Site or any of its products, services and content purport to be a health service or assess, record or maintain your health in any way.

Subscriptions

Visitors just visiting the site do not need to subscribe or register.
If you choose to subscribe to our Site newsletter, you will be required to provide certain Personal Data for the purposes of receiving newsletters or other information about our products and services.
In accordance with our Privacy Policy, you agree that your Personal Data may be provided by us to be used via a third party to ensure we can provide you with this service and any information regarding our products and services.
Non-compliance with these third party sites may limit your ability to receive information about our products and services.

Membership

When you register as a member you will be asked to provide Personal Data and enter a username and password and then you can access your account and log on to and/or participate in areas of the Site reserved for Members only.
You accept that it is your responsibility to maintain confidentiality of your password and you are responsible for all activity that occurs in your account. We are unable to check the identity of people acting as Members or using Members areas and will not be liable where someone else uses your password. You should make sure you are the only person using your password and you agree to notify us at: of any unauthorized use of your password and any other breach of security as soon as you become aware of such a breach.
You agree and confirm that if registering as a Member, you are 18 years or over and all information provided by you is accurate, true and up to date, in all respects at all times.
Under no circumstances may a minor register as member or submit Personal Data to the site unless done so in accordance with our Privacy Policy.
At any time we reserve the right to reject usernames that are defamatory, offensive or otherwise unsuitable. As such, we may modify, suspend or discontinue the Site or any part of it (including the availability of any features on the Site) without notice to you; and/or suspend or terminate your Membership or access to any part of the Site at any time if you breach of any of these Terms.

Products and Services

All products and services on this Site are subject to availability and are available at our sole discretion.

Products

Our products include however are not limited to recipes.
Before relying on any nutritional information or other products on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.
Please contact your healthcare professional if you have any questions regarding any of our products and whether they are accurate, relevant and suitable for your purpose.

Services


Our services include, however are not limited to, workshops, public speaking events, personalized services and online programs.
Before relying on any of our services on our Site, you should carefully evaluate the accuracy, completeness and relevance of this for your purpose, and consider the need to obtain appropriate expert advice relevant to your circumstances.
Please contact your healthcare professional if you have any questions regarding any of our services and whether they accurate, relevant and suitable for your purpose.

Bookings for Services

All persons making a booking from our Site must be over 18 years of age pursuant to our Privacy Policy.
By making a booking you confirm that all your Personal and Non-Personal Data including any payment details are true and correct and that you are the person referred to in the billing details.
The booking of any service must be made no less than 72 hours in advance of the commencement of the Service ("Service Date").

A non-refundable and non-cancellable 30% deposit of the full cost of service will be made no less than 72 hours before the Service Date and the balance will be paid no less than 24 hours before the Service Date. Acceptance of an order placed by you completes the contract between us and your booking will be secured unless you have cancelled the booking in accordance with these Terms.
Bookings for any of our services can be made through a third party site found on our Site. Payment shall be made in accordance with these Terms.

By booking any of our services you agree to the following:

  1. Complying with our hygiene and safety procedures;
  2. Not attending if you have had any communicable diseases or other infections up to 48 hours before your session;
  3. Taking into account and informing us of the dietary restrictions and any allergies you may have if using our recipes and consuming these meals during and after the session;
  4. Accepting we may refuse you admission if we suspect you are under the influence of alcohol or any other substance, are unwell with communicable diseases or that you are engaging in inappropriate behavior;
  5. Following all instructions for the preparation of meals, transportation, storage, heating and consumption of any meals from our recipes;
  6. Being photographed and/or filmed during your session;
  7. Our use of any photograph, your name and/or recordings featuring you.
  8. Our cutting, editing and adaptation of any photograph or recording of you necessary for our commercial or non-commercial use by means of any and all media, worldwide in perpetuity in accordance with these Terms;
  9. Releasing us from all claims, damages and causes of action or liabilities that may arise as a result of your preparation, storage, consumption of meals using our recipes, except if solely due to our negligence.

Please ensure you inform us of any health conditions, food allergies or other relevant health information relevant to you and your health in advance of the delivery of service.

Ordering of Products

For the removal of doubt, by placing an order, you make an offer to purchase the relevant product that is the subject of your order.
By proceeding to purchase the products you acknowledge that you are over 18 years of age or that you otherwise have the consent of an adult or guardian to use this website.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our prices at any time. Packaging and postage is an additional charge, calculated at time of purchase.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. You agree to update us at all times of any changes to your Personal and Non-Personal Data. We undertake to take due care with this information. In providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Acceptance of an order placed by you completes the contract between us and your order will be secured unless you have cancelled the order in accordance with these Terms.
We undertake to accept or reject your order within ten (10) days. If we have not responded to you within ten (10) days, please Contact Us.

In the event your purchase is rejected, we are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have the product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Payment processing services offered via this website are outsourced to a third party provider. You must agree to read and comply with the terms and conditions of these third party websites. Non-compliance with these third party websites may limit your ability to make a booking, order or be provided with products or services in conjunction with your purchase.

We use third party service providers for most financial transactions.

You may be required to create and maintain a separate account that may include personal and financial details. As such, you warrant that the details provided to us are accurate and correct and you accept full responsibility that the fulfillment of your order is predicated on providing the correct information to us at the time of booking. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur from the use of this payment method unless caused by our fraud.
If you choose to pay by Visa or MasterCard credit card or debit card, you consent that you are the authorized cardholder and permit us to debit the amount that is payable for an accepted order from your nominated card or account.

You will be required to provide the following details on your Visa or MasterCard: card type, name on card, card number, card expiry date and the 3-digit card verification value on the back of the card (CVV2).
You must not pay, or attempt to pay for products through any fraudulent or unlawful means.
If we do not receive or are unable to successfully process the payment in full for your order, for any reason, we will cancel your order. As such, title in the products and services pass to you when we have received payment.

Refunds and Returns

We handle returns and process refunds in accordance with Australian Consumer Protection Legislation.
All deposits are non-cancellable and non-refundable except as expressly set out in these Terms.
Refunds for services may be fully or partially refunded by us in our sole discretion in the following circumstances:

  1. In the event of force majeure, sickness, death or other serious circumstances; or
  2. We agree to issue you a refund.

Refunds of products returned to us from you may be replaced or refunded by us at our sole discretion in part or in full.

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund, including any postage costs. If we are unable at the time to return or to replace or exchange any products or services, we will undertake to reimburse you for the amount initially debited for the purchase excluding packaging and postage charges. Refund payments may take up to seven (7) business days to be received by you.

Upon receipt of a refund of either a product or service, your agreement with us is at an end and we will cancel any associated account you have with us. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under Australian Consumer Law.

If we are unable to resolve your complaint or further assist you, we may refer the matter to mediation at the cost of both parties.

Cancellation Fee

We may withhold the deposit amount in the event you cancel the product or service no less than 24 hours before the Service Date.

Consumer Guarantees

Our products and services (including the information provided through the Site) come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced or the services resupplied if the products and services fail to be of acceptable quality and failure does not amount to a major failure.

For further information on your consumer rights visit the Australian Consumer Law website.

We give no warranty that our Site content, products and/or services will be free of errors, or that defects will be corrected, or that our Site and/or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our Site, we do not represent or guarantee the use or the result of the use of any Site content, product, service, link or information in this Site or as to its correctness, suitability, accuracy, reliability, or otherwise. To the extent permitted by law, we are not liable for any loss arising from any action or reliance by you on any information or material available on the Site. It is your sole responsibility and not the responsibility of us to bear any costs of servicing, repairs, or correction that have occurred from using our Site.

As such, we, including our suppliers, promoter's and vendors are not legally responsible for any loss or damage you might suffer related to your use of this Site.

All information provided by us is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific, personal requirements. Any reliance you place on such information is therefore strictly at your own risk.

This warranty gives you specific legal rights and you may also have other rights that vary from state to state, and jurisdiction to jurisdiction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. You must ensure you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.

Limitation of Liability

To the extent permitted by law, in no event will we (including our employees, agents and subcontractors) be liable to you for indirect, special, or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of this Site, any linked Site, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute or any other basis of liability.

This limitation includes but is not limited to:

  1. Implied warranties of merchantability and fitness for any purpose other than its actual purpose;
  2. The full extent permitted by law, our liability for breach of an implied warranty or condition that is limited to the supply of the products again or payment of the costs of having those products supplied again.
  3. Any computer virus including virus passed from this Site to your computer or any third party computer;
  4. Loss of data or profit;
  5. Loss of online connection or interruption to access of this Site;
  6. Any inaccuracies, omission, interruptions or errors;
  7. Any failure of performance;
  8. Any technical difficulties or equipment malfunction whether or not in our control;
  9. Any third party interference;
  10. Any late or lost deliveries;
  11. Any damage to the purchase or the purchase being misdirected (whether or not the purchase was delivered) due to any reason beyond the reasonable control of us;
  12. Deletion, defect, delay in operation or transmission of data;
  13. Communication line failure;
  14. Theft and destruction;
  15. Any factual or typographical error on the website or other promotional material;
  16. Unauthorized access.

To the extent permitted by law, any conditions, rights or warranty, which would otherwise be implied into these Terms, are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such conditions or warranty, that condition or warranty will apply to the minimum extent by law.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In the event that any of the above limitations or exclusions are held to be unenforceable, our total liability shall not exceed, in the case of:

  1. Products: replacing, repairing or supplying product to the equivalent of those products or paying the cost of replacing or repairing them or acquiring equivalent products; or
  2. Services: the cost of re-supplying those services.

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these Terms does not purport or attempt to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Any reliance you place on, or any act done based on or in response to this Site, its content or any related products and services will be at your own risk.
By accessing our Site you agree to indemnify and hold harmless from all claims, actions, damages, loss (including consequential loss, loss of profits or common law damages) costs (including legal costs) us, our employees, agents and subcontractors from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by us, which arises as a result of your breach of these Terms in your use of this Site.

Linking to Our Site

You may link our Site without our consent. Any such linking will be entirely your responsibility and at your expense.
By linking, you must not alter any of our Site's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Links to other Sites

This Site may, from time to time, provide on its Site links to other Sites and information on those Sites for your convenience.
Our Site may contain or 'recommend' information provided by third parties and promoter's for which we accept no responsibility whatsoever for information or advice provided to you directly by third parties.
For further information please read our Privacy Policy.

Quality of Site

We do not promise that the Site will be error-free or uninterrupted. The Site and its contents are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination of destructive features.
Receipt of emails, or other Internet based communications from us via Facebook or any other social media platform, cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high-resolution videos, but we will use our best endeavours to provide an alternative where possible.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this Site including acts, omissions and conduct of any third party users of the Site, other members, other contributors to the Site and advertisers or sponsors.
We are not responsible for the products, services, advice, information, actions or failures to act of any third parties referenced in our Site (including User Content). Where the information made available over the Site contains opinions or judgments of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of such information.

User-Generated Content

This Site may allow you to post information, photos, content, user submissions and/or upload materials to the Site (including features such as live chat forums), whether through external third party websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons. We will use our best endeavours to ensure that Site is secure, but we do not warrant or guarantee that it will be error free.
We shall use the User Generated Content in accordance with these Terms and our Privacy
If you use this Site, you are responsible for maintaining confidentiality of your account and password and for restricting access to your computer. You agree to accept this responsibility for all activities that occur under your account and password. This Site may only be used for lawful purposes. Activities including but not limited to tampering with the Site, misrepresenting identify of the user, using buying agents or conducting fraudulent activities on the Site, are prohibited.
Users are prohibited from violating or attempting to violate security of this Site including, without limitation:

  1. Accessing data not intended for such user;
  2. Logging onto a server or account which the user is not authorised to access;
  3. Using the Site for unintended purposes or trying to change the behavior of the Site;
  4. Attempting to probe, scan or test the vulnerability or a system or network or breach security or authentication measures without proper authorization;
  5. Attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding", "spamming", "email bombing" or "crashing"; or
  6. Forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user).

You agree not to send unauthorised or unsolicited emails on behalf of us; and promotions and/or advertising of our information, products or services are expressly prohibited, unless otherwise provided by us in writing.
Furthermore you agree not to use or attempt to use any engine, software, tool, agent, data or other deice or mechanism (including, without limitation, any browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publically available browsers.
Any such violations of the system or network security may result in civil or criminal liability.

Copyright and Trademark Use

The names, images and logos identifying Annwen Candy and any products and services are the proprietary marks of Annwen Candy. This Site may contain material owned by or otherwise licensed to us or provided to us by agreement.
Your access to our Site does not license you to use those marks in any commercial way without our prior written permission. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Site without our prior written permission. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents, information, goods or products that may be available for download from time to time on this Site.
This material includes, but is not limited to, the design, layout, look, appearance, trademarks, brands and logos generally identified either with the symbols TM or ® and graphics. The copyright to all contents on this Site including graphics, images, layouts and text belongs to us, or to those we have an agreement to use those materials.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than in the following circumstances:

  1. You may print or download extracts of content for your personal and non- commercial use only; and
  2. You may copy the content to individual third parties for their personal use.

In both cases above, you must acknowledge the Site as the source of the material, not delete or change any copyright symbol, trademark or other proprietary notice.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Site or other form of electronic retrieval system.

We expressly reserve all copyright and trademark in our Site and in all documents and information on our Site, other than your Personal and Non-Personal Data, and reserve the right to take action against you if you breach any of these Terms.
We reserve the right to serve you with notice if we become aware of you mirroring our Site.

Non-Personal Data Use and Collection

Unless agreed with you, we do not claim any rights of ownership in the transmission of your Non-Personal Data to our Site, although we will be able to use any Non-Personal Data as set out in these Terms.
You grant to us (any third parties authorized by us) a non-exclusive, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, re-format, sell and sub-licence any Non-Personal Data. Furthermore, you agree that we are entitled to use your Non-Personal Data for any of our own commercial or non-commercial purposes without compensation to you or to any other person who has transmitted your Non-Personal Data.
Non-Personal Data includes any videos, clips, pictures, recipes, reviews, comments, data posting, blog entries, forum comments or comments, content and/or material made vailable via the Site and/or the Site(s) social media platform(s) and all other user-generated
You guarantee and agree that any Non-Personal Data you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

You agree that any Non-Personal Data expressed by you are true to the best of your knowledge and where this data contains opinions that these are your own and genuinely and truly held by you to be true and correct.
You agree that nothing in this data will include an advertisement for your business or products, infringe the copyright of any other person, breach any contract or duty of confidence, be defamatory, obscene, abusive, vulgar, offensive, indecent, harassing, threatening. We reserve the right to terminate your use of our Site or any part of the Site in the event of a breach of these Terms.

If in future we use your Non-Personal Data in promoting our Site or in any other way we will not be liable for any similarities that may appear from such use. As such, should you send us any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

We reserve the right in our sole discretion to remove or disable access to any Non-Personal Data that appears to infringe any of these Terms.
Please refer to our Privacy Policy for further information regarding the use and collection of Non-Personal Data.

Force Majeure

If a Force Majeure event occurs, we may terminate this Agreement by giving you at least seven (7) days written notice.
Force Majeure means any act, circumstance or omission, including but not limited to any loss incurred by any Act of God, fire, casualties, strike or any other event over which we could not reasonably have exercised control.
We can transfer our rights and obligations under these Terms to any company, firm or person provided that does not affect your rights under these Terms.
You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.

Governing Laws

These Terms are to be governed by and construed in accordance with the laws of Western Australia.
Any claim made by either party against the other which in any way arises out of these Terms will be heard in Western Australia and you agree to submit to the jurisdiction of West Australian courts.

Inconsistencies

If any provision in these Terms is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.
If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
We may choose to terminate your access to all or any part of the Site and its content in accordance with these Terms at any time, without notice.

Amendments to Site

We reserve the right to amend our Site without notice. Any such amendments will take effect upon their posting. Continued use of this Site after any amendment will constitute your consent to such amendment.

Whole Agreement

These Terms represent the whole agreement between you and us concerning your use and access to our Site and your use and access to the documents, products, services and information on it. As such, these Terms form the entire agreement between you and us and supersede all previous understandings, representations and agreements in relation to the subject matter of these Terms.
No other term is to be included in these Terms except where:

  1. It is required to be included by any legislation of the Commonwealth or any State or Territory; or
  2. In our absolute discretion, we amend any part of these Terms and any other of our policies and documents related to this Site, the content or its products and services.

The headings in the Terms are for ease of reference and convenience only and shall not affect the interpretation of any clause.

Complaints

If you become aware of any misuse of the Site or wish to contact us for any reason including any complainant about any material on the Site or where you believe you have had your rights violated, please email and provide us with the nature of your complaint, name, address, telephone number, email address and any other information required to handle your complaint.

Privacy

We do not warrant and cannot ensure the security of any information you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy.

Disclaimer

Please read our Website Disclaimer.

© 2014 Annwen Candy