PLEASE CAREFULLY READ THE FOLLOWING TERMS.

For the purposes of this document, (“Life Vitamins”, “Company”, “we”, or “us”) refers to Life Vitamins Pty Ltd and our online website www.alceze.com. The Terms of Service (“Terms”) below are a legally binding contract between you and us regarding your use of the Service.

You agree that disputes arising under these Terms, including claims arising from or related to your use of the Service, will be resolved by binding, individual arbitration, not a judge or jury. By accepting these terms, you and the company are waiving the right to a trial by jury, participation in any class action, or representative proceedings. You agree to forgo any right to go to court to defend or assert your rights under this contract (aside from small claims court matters).

1. Service

We are a manufacturer and distributor of complementary medicines, vitamins and supplements.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you declare that: 

1. You are at least 18 years old
2. You have not previously been suspended or removed from the Service
3. Your use of the Service is in compliance with any and all applicable laws and regulations. If you are a company or organisation, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts

To access some features of the Service, you may register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us at info@alceze.com.

4. General Payment Terms

Before you pay any fees for items you intend to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.

1.  Price

We reserve the right to determine pricing for Products. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The company may change the fees for any Product at any time. The company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Eligibility for promotional rates or discounts remains at the sole discretion of Life Vitamins.

2.  Shipping Fees

We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information. 

3. Delivery

We will attempt to deliver your ordered items in good faith. You agree that the Company is not responsible or liable for any delays or delivery failure. We reserve the right to execute delivery of any order in any number of separate shipments. The company maintains sole discretion to select modes of transport and carriers. Orders will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. The Company will not be responsible or liable for delays or failure to deliver due to any cause which is reasonably beyond the Company’s control. In such cases, the Company will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

4. Authorisation

You authorise the Company to charge all sums for the orders that you make, including all applicable taxes, to the payment method provided by you. If you pay any fees with a credit card, we may seek pre-authorisation of your credit card prior to your purchase to verify card validity and ensure the necessary funds or credit is available to cover the total of your purchase. If for any reason your order is placed on hold, we will reach out to you to ensure that any delays are minimal.

5. Payment Processing

We have partnered with certain third party payment systems and providers to process payments you make to the Company for its services. The terms and conditions related to processing these payments remain with these companies and Life Vitamins accepts no responsibility or liability for issues relating to processing these payments. Please read and make yourself aware of any terms and conditions found on these company’s websites before processing payments.

6. Unrecovered Payments

We may suspend or terminate access to the Service for any account or customer where any amount is due but unpaid. In addition to the amount due for Products, a fee may be charged for any fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5. Refunds and Exchanges

Products purchased from Company are not eligible for any refund or exchange unless expressly stated otherwise.

6. Licenses
   1. Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
   2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
   3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
7. Ownership; Proprietary Rights. The Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Service are the property of Life Vitamins or its third party licensors. Except as expressly authorised by the Company, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
8. Third Party Terms
   1. Third Party Services and Linked Websites

Company may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Company with an account on the third party service, such as Facebook or Instagram, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that the Company may transfer that information to the applicable third party service. Third party services are not under our control, and, to the fullest extent permitted by law, the Company is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under the Company’s control, and Life Vitamins is not responsible for their content.

9. User Content
   1. User Content Generally

Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, or other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

2. Limited License Grant to Company

By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a Company-branded hashtag, you grant Company a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

3. Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

4. User Content Representations and Warranties

Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

1. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise the Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms;
2. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation or otherwise cause liability for Company; and
3. Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
4. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgement violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not permit copyright-infringing activities on the Service.

6. Monitoring Content

Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that the Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

10. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

1. Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2. Harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
3. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
4. Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
5. Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
6. Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
7. Repeat Infringers

Company will promptly terminate the accounts of users that are determined by Company to be repeat infringers.

11. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorised representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. You agree that modification of these Terms does not create a new right to opt out of arbitration.

12. Term, Termination and Modification of the Service
    1. Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated.

2. Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by sending an email to info@alceze.com.

3.  Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorised to access your account or the Service; (c) you must pay Company any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination. Any clauses relating to ongoing obligations will survive termination.

4. Modification of the Service

Company reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain Products or features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to Product offerings or the Service or any suspension or termination of your access to or use of the Service.

13. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service and Products, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorised use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

14. Disclaimers; No Warranties
    EXCEPT AS PROVIDED FOR IN THESE TERMS, THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES, PRODUCTS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, PRODUCTS, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Company does not disclaim any warranty or other right that Company is prohibited from disclaiming under applicable law.
15. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE (INCLUDING CLAIMS RELATED TO OUR PRIVACY POLICY OR OTHER PRIVACY OR DATA SECURITY CLAIMS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    EXCEPT AS PROVIDED EXPRESSLY IN SECTIONS OF THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, PRODUCTS, OR OTHERWISE UNDER THESE TERMS OR YOUR USE OF THE SERVICE (INCLUDING CLAIMS RELATED TO OUR PRIVACY POLICY OR OTHER PRIVACY OR DATA SECURITY CLAIMS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMPANY FOR PRODUCTS OR ACCESS TO AND USE OF THE SERVICE IN THE 1 MONTH PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration
    1. Generally, In the interest of resolving disputes between you and Company in the most expedient and cost effective manner within the bounds of the applicable laws, you and Company agree that every dispute arising in connection with your use of the Service or these Terms, including claims related to our Privacy Policy or other privacy and data security claims, (“Disputes“) will be resolved by binding arbitration. Arbitration is less formal than legal action in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO FORMAL COURT PROCEEDINGS OR TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.
    2. Exceptions; Opt-Out

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. In addition, you may opt out of the provisions of this Section by sending to Company, within 30 days after the date that you agree to these Terms, a written opt-out notice that specifies: your full legal name, the email address associated with your account on the Service, your postal mailing address, the date that you agreed to the Terms, and a statement that you are opting out of the arbitration provision of the Terms (“Opt-out Notice”).

17. Miscellaneous
    1.  General Terms

These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Service and purchase of Products. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

2. Governing Law

Any claim or controversy associated with the use of this site will be governed by the laws of NSW Australia. In using this web site you submit to the jurisdiction of the courts of NSW.

3. Privacy 

Life Vitamins is committed to safeguarding your personal information. Any information collected from e-mail correspondence, Service activity or other means associated with the Company and use of its Service will be held in the strictest of confidence and in accordance with the Privacy Act 1988 and Privacy Amendment Act 2001. All information collected on this website is done so in accordance to our Privacy Policy.

4. Additional Terms

Your use of the Service and Products is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

5. Electronic Communications

You agree that communications and transactions between us may be conducted electronically.

6. No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

7. International Use

Company is based in Australia. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. You are responsible for abiding by any laws applicable to your location or territory and you agree that the Company takes no responsibility or liability for any issues or breaches associated with this.