4. Price and Payment
4.1 The prices of subscriptions are in Australian dollars and include delivery charges where indicated. Please note the price of subscriptions are subject to change at any time without notice to you.
4.2 The prices of products on the website are indicative only and Love Ya Guts Box does not guarantee the price of products are correct.
4.3 You expressly authorise Love Ya Guts Box to process the payment for the subscription price via your relevant payment method at the time of your order.
4.4 If you have signed up to a subscription you expressly authorise Love Ya Guts Box to process the subscription recurring payments each month of the subscription.
4.5 Your invoices are made available to you online, and are downloadable through your account.
5. Competitions and Promotions
From time to time Love Ya Guts Box may advertise discount or promotional codes or run a promotion for new subscribers. All advertised discount code and promotions are subject to the following Terms and Conditions.
5.1 All discounts and promotions are subject to availability and while stocks last. Any subscription purchases made outside of the specified timeframe determined by Love Ya Guts Box will be deemed ineligible. In the instance where a time frame is not specified, the promotion will end when the relevant promotion is no longer advertised on Love Ya Guts Box platforms.
5.2 Any advertised discount code may only be used once per customer. A discount code is only valid on your first subscription purchase and will not be applied when your subscription next renews. Only one discount code is allowed to be applied per order. Discount codes may not be used in conjunction with any other offers or promotions, they must be used at the time of purchase and can not be applied after a purchase has been made.
5.3 Love Ya Guts Box reserves the right to withdraw or cancel any discount code for any time for any reason without notice.
5.4 Discount codes may only be redeemed through the Love Ya Guts Box website and not through any other website or method of communication. To use your discount code, you are required to enter the unique code at the checkout at the time of purchase and can not be applied thereafter.
5.5 Our 30 day money back guarantee is only valid within the first 30 days of purchase.
5.6 A customer will not receive their money back on the first month if it is outside the first 30 days from payment.
6. Loyalty Program Rewards & Reviews
6.1 Loyalty Program Rewards
Anyone with a Love Ya Guts Box account is automatically enrolled to earn points - you need to create an account (where you’ll earn 5 points), you will then earn 1 point for every dollar spent on a subscription - For example, if you buy a 3 month subscription for $139/month you earn 139 points each month. If you purchase a subscription without creating an account you will not receive any points, however, if you decide to create an account at a later date after already buying a subscription, you’ll then receive those points backdated to your first purchase as long as you use the same details that you used on your original purchase. You can earn points for all sorts of activities: Refer friends and earn points. Follow Love Ya Guts Box on Instagram and receive 15 points, like the Love Ya Guts Box Facebook page and receive 15 points, write a product review and receive 5 points per review, and receive 50 points on your Birthday. There is no limit to the amount of points you can earn.
When you reach 1000 points you can claim a bonus product from a list of selected products - you can claim more than one product if your points allow. Products are available for a limited time and are subject to change at Love Ya Guts Box’s sole discretion. Bonus gifts will be shipped once a week and you will be charged a shipping fee at the checkout. Listed RRP’s for each product are indicative only. If you no longer wish to earn points, simply contact us at email@example.com and ask to be unenrolled. We'll unenroll you and you will lose any points you have accrued. If you cancel your Love Ya Guts Box account or subscription and wish to join again you must contact us at firstname.lastname@example.org and we’ll re-enroll you, however, your point total will begin again from zero.
There is a limit on how many reviews you can do per week which is 5 reviews per week worth 5 loyalty points each. Every Love Ya Guts Box has 5 foundation products inside. You are encouraged to review only the 5 products you received in your box. You can submit reviews only once for each product you receive, but please note: reviews can’t be changed or removed once you complete them.
To comply with Australia laws, we are required to monitor all publicly posted product reviews on our website and in accordance with Australian laws, remove any of these reviews if they appear fake, offensive, defamatory or irrelevant. This also includes reviews that imply a product has caused any medical conditions including allergies or reactions. Star ratings on reviews can not be altered by us, but we may need to edit reviews on occasion to omit words which appear defamatory or offensive.
7. Delivery of Products
7.1 Love Ya Guts Box will endeavour to dispatch the boxes at the first and third week of the month depending on your billing cycle, however Love Ya Guts Box does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.
7.2 You acknowledge that all boxes delivered to you from Love Ya Guts Box will be delivered using a third party carrier and you accept that all title in and risk to the box will pass to you upon the third party carrier being given possession of the box by Love Ya Guts Box. Love Ya Guts Box is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.
7.3 You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made by the 20th of the month or the following month’s box will be shipped to the previous address. Love Ya Guts Box expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.
7.4 If your parcel is lost in transit or if it is returned to sender Love Ya Guts Box may at it's own discretion send a replacement. In these instances an additional fee of $10.00 will be charged to the customers account.
8. Disclaimer and Liability
8.1 Your use of the website and services is at all times at your own risk and you accept that you are responsible and liable in relation to your use of the website.
8.2 To the extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) and specified in these Terms, Love Ya Guts Box expressly excludes all representations and warranties, expressed or implied including but not limited to those relating to fitness for a particular purpose.
8.3 Love Ya Guts box does not guarantee that the website will be available at all times or that it will be provided without fault, error, disruption or viruses.
8.4 The website may contain links to third party websites. You acknowledge that Love Ya Guts Box does not make any representations or guarantees in relation to those sites and does not endorse, verify or assume responsibility for the content of any such third party websites. You accept that your use of any third party websites is at all times at your own risk and Love Ya Guts Box expressly excludes any liability which may arise from your use of or access to those third party websites.
10. Limitation of Liability
10.1 Notwithstanding anything else contained in these Terms, Love Ya Guts Box will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the website, the box or the products whether directly, indirectly or consequentially or whether based in contract (including Love Ya Guts Box’s negligence), tort or under statute. If Love Ya Guts Box is found to have any liability to you, Love Ya Guts Box’s total liability will be limited to the amount paid by you for your subscription.
11. Intellectual Property
11.1 The website contains materials that are owned by Love Ya Guts Box. Love Ya Guts Box reserves all intellectual property rights such as copyright in all materials including but not limited to marketing material, business names, trademarks, logos, website layout, domain names or other distinctive brand features (referred to as “materials”).
11.2 You must not without our prior written consent: (a) use, copy, distribute, license, sell, publish, adapt or in any way create derivative works from any of the materials contained on the website; and/or (b) modify or copy the layout or appearance of the website nor any computer software or code contained on the website.
11.3 Nothing in these terms gives you the right to use any third party trademarks. All third party trademarks are used with permission and remain the intellectual property of the third party.
11.4 If you make any content, materials or feedback available on the website (referred to as “content”) you automatically grant Love Ya Guts Box an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to: (a) use, copy, display, publish and distribute the content on the website and to any third party including the manufacturer of the products, and (b) modify, prepare derivative works of or sublicense the content; (c) incorporate the content into other mediums including but not limited to social media posts, blog posts and E-Newsletter publications to promote Love Ya Guts box, the website, the products and/or the manufacturers.
11.5 You represent and guarantee to Love Ya Guts Box that you have the right to grant Love Ya Guts Box the right to use the content in the manner specified in clause
11.6 You must not make a link to the website from a third party website without the prior written consent of Love Ya Guts Box.
12. Privacy and Personal Information
13.1 Love Ya Guts Box will not be responsible or liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
13.2 This site may be accessed throughout Australia and overseas. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
13.3 These Terms and your use of the website will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales. 13.4 If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable and the severed part will not affect the validity and enforceability of any remaining provisions.
13.5 If Love Ya Guts Box does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Love Ya Guts Box.
14. The Love Ya Guts 30 day program Terms & Conditions
14.1 Statements Have Not Been Evaluated; Speak With Your Doctor All content created by Love Ya Guts Box is for informational and educational purposes only. Any statements listed on our Site or Service have not been evaluated by any other national or international agencies. None of the content or products offered on the Love Ya Guts Box Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions. The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site. You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences. Please seek medical advice in regards to your health conditions and physical fitness. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
14.3 Nutritional information provided on the Love Ya Guts Box website is based on extensive research. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
14.4 Fitness Level Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional. You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Love Ya Guts Box website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
14.5 Testimonials Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
14.6 User Accounts Love Ya Guts Box may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms. Love Ya Guts Box has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Love Ya Guts Box of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Users will be given lifetime access to the program contents, including recipes, meal plan and videos.
15.1 In order to purchase any Love Ya Guts Box products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal or Braintree. By ordering an Love Ya Guts Box product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at email@example.com The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services. All prices are in AU dollars unless otherwise stated and inclusive of GST.
16.1 Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act; Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply; Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
17. Refunds and Cancellations
17.1 You must review your order carefully before placing it. Once an order for a subscription is confirmed and the program price paid, Love Ya Guts Box will not provide a refund of the program price price unless Love Ya Guts Box cancels or is unable to fulfil your order, in which case, Love Ya Guts Box will provide a full refund of the whole or part of the program price depending on how long you have participated in the program.
18. Product Availability
18.1 Due to product demands, Love Ya Guts Box products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship Love Ya Guts Box products when they become available.
19. Contact Information
19.1 If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at firstname.lastname@example.org
20. Service and Shipping
20.1 After processing your payment, you will be granted access to The Love Ya Guts Box 30 day Program. Additional information about The Love Ya Guts Box Program can be found within our Site.
20.1 You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
22. Modification of Service
22.1 We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
23. Use of Love Ya Guts Box
23.1 When using our Service, you are responsible for your use of Love Ya Guts Box, and for any use of Love Ya Guts Box made using your device. You also agree that your use of Love Ya Guts Box is for personal non-commercial use. You agree not to access, copy, or otherwise use Love Ya Guts Box, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Love Ya Guts Box. You agree not to use Love Ya Guts Box to: You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”; You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service; You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You will not collect or harvest any personally identifiable information, including account names, from the Service; You agree not to stalk, harass, bully or harm another individual who uses our Site or Service; You agree not to upload, post, transmit or otherwise make available any material that: is not your original work, or which may infringe the intellectual property or other rights of another person; is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; includes an image or personal information of another person unless you have their consent; you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive; contains large amounts of untargeted, unwanted or repetitive content; or contains financial, legal, medical or other professional advice. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity; You agree that you will not hold Love Ya Guts Box responsible for your use of our Site; You agree not to violate any requirements, procedures, policies or regulations of networks connected to Love Ya Guts Box; You agree not to interfere with or disrupt the Site or Service; You agree not to hack, spam or phish us or other users; You agree to provide truthful and accurate content; You agree to not violate any law or regulation and you are responsible for such violations; You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content; You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it; If you believe that a user has breached any of the above conditions, please contact us at email@example.com We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice. By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us. You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
24. Site Availability
24.1 We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
25. Intellectual Property Rights and License Grant For Your Content
25.1 The design of the Love Ya Guts Box Service along with Love Ya Guts Box created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Love Ya Guts Box subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Love Ya Guts Box reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission. By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
26. Linking and Third Party Content
26.1 You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
27.1 Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Love Ya Guts Box nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this web site may be out of date, and neither Love Ya Guts Box nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website. In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
28. Limitations and Liability
28.1 Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, Love Ya Guts Box does not assume any responsibility or liability for any damages to you. In no event will Love Ya Guts Box, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity. With the exception of Consumer Guarantees, we exclude: 2.1 any term, condition or warranty that may otherwise be implied by custom, law or statute; 2.2 any liability for loss caused by our negligence; and 2.3 any liability for Consequential Loss. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following: 3.1 In the case of goods, to: 3.1.1 the replacement of the goods or the supply of equivalent goods; 3.1.1 the repair of the goods; 3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or 3.1.4 the payment of the cost of having the goods repaired. 3.2 In the case of services, to: 3.2.1 the supplying of the services again; or 3.2.2 the payment of the cost of having the services supplied again. In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
29.1 You agree to defend, indemnify and hold harmless Love Ya Guts Box its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Love Ya Guts Box Site and Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Love Ya Guts Box Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
30. Privacy and Child Protection
31. Choice of Law
31.1 This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
32. Forum of Dispute
32.1 You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
33. Force Majeure
33.1 You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control. 34. Severability In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Love Ya Guts Box shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and Love Ya Guts Box.
34.1 We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
35. Termination of Your Service
35.1 If we determine that any of your actions may harm Love Ya Guts Box, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
36.1 You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
37.1 We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
38. Electronic Communications
38.1 The communications between you and Love Ya Guts Box use electronic means, whether you visit the Site or Service or send Love Ya Guts Box e-mails, or whether Love Ya Guts Box posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Love Ya Guts Box in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Love Ya Guts Box provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
39.1 This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent. We may subcontract any of our obligations under this Agreement to any person.