Terms of Purchase

Terms of Purchase

By purchasing a product from Carbon60australia.com, you are consenting to the following Purchase Agreement.

Purchase Agreement

This web site is owned and operated by Carbon Australia and will be referred to as “we”, “our”, “us” and “Provider” in this Purchase Agreement (“Agreement”). By purchasing products and services (“Products & Services”) at Carbon60australia.com, all customers and clients, referred to as “user”, “you”, “your” and “Customer” (and collectively, the “Parties”), agree to the terms of purchase for this web site (the “Site”), which are set out on this page. Accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms of purchase provided herein.

This purchase agreement governs the purchase and provision of Products & Services to you, and your payment for and use of those Products & Services.

These terms of purchase will be reviewed periodically. We reserve the right, at our discretion, to modify or remove portions of these terms of purchase at any time. This purchase agreement is in addition to any other terms and conditions applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site.

We welcome your feedback if you wish to send us feedback please email us at Info@carbon60australia.com.

1. Products & Services

The Provider agrees to provide its Products & Services and the Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in and use of the Products & Services.

This Agreement is in addition to any other terms and conditions applicable to the Site.

2. Disclaimer

The Customer understands the Provider is not an agent, lawyer, doctor, accountant, financial planner, therapist or other licensed or registered professional.

The Customer understands that any information contained in or provided with these Products & Services is NOT health or other professional advice and is not meant to take the place of the advice of licensed professionals.

3. Payment

Total price of these Products & Services is as specified at the time of purchase. The Customer may pay through PayPal or other payment systems, with a debit or credit card.

If a payment is not provided for any reason, the Provider reserves the right to suspend or refuse Products & Services until payment is complete.

4. Refunds

The Customer is responsible for full payment of fees for the entire Products & Services, regardless of whether the Customer completes or makes full use of the Products & Services.

To further clarify, no refunds will be issued, unless explicitly and clearly included as part of the Products & Services description at the time of purchase.

5. Guarantee

Company warrants and guarantees that the product is fit for its particular use.

Should you receive a productive that is defective, you have 30 days from the date of the order to notify the Provider of its defect, in order to receive, at our discretion, a refund or a replacement at no cost to you.

6. Assumption of Risk

The Customer agrees to accept all risk associated with the use of any Products & Services, including but not limited to, ingestion of or application to Customer’s person, the use of any Product & Services personally or in business, all taxes and regulations applicable to any Product & Services, and all legal compliance issues related to any Products & Services.

The Customer understands that the Provider is disclaiming all liability from harm of any kind or nature caused directly or indirectly from any Product.

7. Indemnification

The Customer agrees to indemnify and hold harmless the Provider, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, arising out of, or relating to, the Customer’s  participation or action(s) under this Agreement.

The Customer agrees to defend the Provider against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Customer’s participation under this Agreement, unless expressly stated otherwise by the Provider, in writing.

8. Limitation of Liability

The Customer agrees that the Provider’s liability for any reason shall be no more than the total purchase price of the Product purchased.

9. Non-disparagement

The Customer shall not make any false, disparaging, or derogatory statement in public or private regarding the Provider, its employees, or agents.

The Provider shall not make any false, disparaging, or derogatory statements in public or private regarding the Customer and their relationship with the Provider.

10. Dispute Resolution

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the ACICA.

The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Melbourne, Victoria.

The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.

The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgement of law or decree in equity, as circumstances may indicate.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, regardless of the conflict of laws principles thereof.

12. Entire Agreement; Amendment; Headings

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.

Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.

No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties.

The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

13. Counterparts

This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

14. Sever-ability

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

15. Waiver

The waiver or failure of the Provider to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

16. Assignment

This Agreement may not be assigned by either Party without express written consent of the other Party.

17. Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, government department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

18. Updates

You acknowledge and agree that you have reviewed this Site and this Agreement and that you will continue to review to be aware of any modifications.

We reserve the right to change this Agreement or to impose new conditions on use of the Products & Services, from time to time, in which case we will post the revised Agreement on this Site.

Your continued use of the Products & Services after we post any such changes, means that you accept the new Agreement with the modifications.

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