Terms & Conditions
Please read the following Terms & Conditions for use of the sunTANon website.
These terms and conditions apply to the use of this Website. By using this Website you agree to be bound by the terms and conditions as set out in this Agreement. If you do not accept these conditions you must refrain from using the Website.
1. Definitions and Interpretation
In this Agreement, unless the context indicates otherwise:
"Agreement" means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.
"Associates" has the meaning given in the Corporations Act 2001 (Cth).
"Consequential Loss" includes, without limitation:
i. loss of profits;
ii. loss of revenue;
iii. loss of data;
iv. lost production;
v. loss of business;
vi. loss of the benefit of any contract or other agreement or arrangement;
vii. losses which do not arise naturally from a breach of contract in the usual course;
viii.death or personal injury;
ix. damage to health;
x. damage to reputation;
xi. legal costs.
"Linked Websites" has the meaning given to that term in clause 5(a)
"Products" are any goods offered for sale on the Website, or supplied or promoted by us.
"We", "us" and "our" are references to sunTANon ABN: 93 479 806 416 any Associates of this business.
"Website" means the sunTANon website at www.suntanon.com.au
"You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.
2. Conditions for Ordering
a. We do not offer to sell any Products for delivery or use outside of Australia.
(i) All transactions are processed in $AUD.
b. If you purchase or use any Products, you:-
(i) warrant and represent that you are at least 18 years of age;
(ii) are ordering the Products for consumption in Australia;
(iii) warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products;
(iv) warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners; and
(v) warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.
c. Advertised Specials apply to Retail Accounts only.
a. Ownership and risk in the Products will pass to you from the moment they are posted by us.
b. Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery.
c. We may post Products in installments if not all of the Products you order are available at the same time for delivery.
d. Details as outlined under "Shipping & Handling" on our website form part of these Terms and Conditions.
4. Right of Cancellation and Returns
a. In some circumstances you may have a legal right to return Products, for example, where the ACL applies, pursuant to one of the consumer guarantees under the ACL.
b. We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.
c. If you do have a right of cancellation, you must tell us you wish to cancel within seven days of receiving the Products.
d. The Products must be returned to us within 21 days of receiving them:
(i) in their original condition (both Products and packaging);
(ii) securely wrapped;
(iii) together with our delivery slip; and
iv. at your own risk and cost.
e. When we have received the Products, we will credit your PayPal account or transfer funds to the bank account used in the original purchase, with the purchase price of the Products no later than 30 days from the date the Products are received by us.
5. Use of Information
a. All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
b. We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
c. We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
d. Your use of information provided on the Website, and any Products, is entirely at your own risk.
e. You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.
6. Intellectual Property
Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:-
i. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
ii. commercialise any information obtained from any part of the Website, or any Products.
b. Trade marks
i. The trade marks sunTANon, the sunTANon logo and the other trade marks and logos on our Products are our property.
ii. You must not use any of our trade marks without our written permission.
iii. Without limiting clauses 4(b)(i) or 4(b)(ii), you agree that you will not use any of our trade marks:-
A. in or as the whole or part of your own trade marks;
B. on your website or in any marketing or promotional materials; or
C. in connection with activities, products or services that are not ours.
c. Third Party Rights
Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-
i. not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part;
ii. download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and
iii. not store electronically any significant portion of any Website content.
7. Linked Websites
a. The Website may contain links to third party websites ("Linked Websites"). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
b. We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure
c. Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
d. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.
We may vary the terms of this Agreement at any time by altering the "Terms & Conditions" as displayed on the Website, in which case changes will be effective immediately upon notification on the Website.
We undertake to:-
a. deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
b. otherwise to comply with,
10. Securtiy of Information
a. sunTANon does not handle payment information directly. Payments methods are via PayPal and bank transfer and you are to make payment via your chosen provider. No data transmission over the internet can be guaranteed as totally secure.
b. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.
We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-
a. your use of this Website;
b. any Linked Websites; or
c. your use or reliance on information contained on or accessed through this Website.
12. System Security
a. You must not, and you must not permit any other person to:-
i. violate or attempt to violate any aspect of the security of the Website;
ii. modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
b. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations include:-
i. accessing data unlawfully or without consent;
ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
iii. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
iv. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and
v. taking any action in order to obtain Products to which you are not entitled.
a. We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
b. Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
c. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
14. Governing Law
a. The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
b. These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website or ordering Products via the Website, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.