Terms & Conditions

The terms and conditions set out below apply to your use of the www.mygoodness.com.au website and associated websites (“Websites”) and also any other products of My Goodness, including any of My Goodness’ mobile apps for smart phone and tablet devices should they exist.

The websites are operated by My Goodness. As a condition of use of the Websites you agree to the terms and conditions of use as set out below. Should you not agree to these terms and conditions of use, then please leave the Website now.

Your use of the Websites constitutes your agreement to the Terms and Conditions. This means by using the Websites you are bound by these Terms and Conditions. These Terms and Conditions are also to be read in conjunction with our Privacy Statement and any other applicable terms and conditions issued by My Goodness.

My Goodness reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the site, it is your responsibility to be aware of our current terms and conditions.

Terms and Definitions

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

“My Goodness” means My Goodness or any member of the My Goodness as the context may require (and any reference to “we”, “us” and “our” is also a reference to My Goodness); and “My Goodness” means the group of related bodies corporate of My Goodness Pty Ltd; “Linked Website” means any website accessible from a hyperlink provided on the Websites, either directly or indirectly; “you” and “your” are a reference to User of the Websites; “Products” means the products which My Goodness may cause to be supplied to you pursuant to these Terms and Conditions; “Client” shall mean a person, firm, or corporation, jointly and severally if there is more than one, finding services by on the Websites; “Terms and Conditions” shall mean these terms and conditions of use of this Website; “User” means any person who accesses the Websites.

Intellectual Property Rights in the Services

My Goodness owns or is the licensee of all copyright, trade mark, patent or design rights or confidential information (“Intellectual Property”) in or related to any of the services. You must not copy the services or permit or arrange for any third party to copy them.

You must:

• only use any services for the purposes for which they were designed to be used;
• not design or manufacture products that compete with any services.

Disclaimer

You agree that your use of the Website shall be at your sole risk.

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.

We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, resulting from any:

• errors, mistakes or inaccuracies of material or information on the Website;
• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
• any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;
• any interruption or cessation of transmission to or from the Website;
• any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party;
• any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the Website; and/or
• any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the Website.

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any Linked Website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, us, our officers, directors, employees, contractors, agents or related bodies corporate for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:

• your use of and access to the Website; and
• your violation of any third party right, including any copyright, property, or privacy right; or
• any breach of your obligations under these Terms and Conditions

The indemnities referred to in this clause 13 shall survive the termination of these Terms and Conditions of Use and your use of the Websites.

Copyright

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use.

Copyright in the content of this Website (including text, photographs, graphics, logos, icons and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions 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 may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
• commercialise any information, products or services obtained from any part of this Website, without our written permission.

Waiver

Failure by My Goodness to insist upon strict performance of any term, warranty or condition of the contract shall not be deemed as a waiver thereof or of any rights My Goodness or any member of the My Goodness Group may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

User’s Acknowledgements

You agree that your use of the Websites is solely at your risk. To the fullest extent permitted by law, My Goodness, its officers, employees and agents disclaim all warranties whether express or implied in connection with the Websites and your use of it.

My Goodness does not warrant or represent that the content on the Websites or on any other website linked to the Website is accurate or complete.

My Goodness does not warrant as to the fitness and appropriateness of any the products or services advertised by third parties on the Websites and you agree that My Goodness shall in no way be responsible for your dealings with third parties who so advertise.

To the fullest extent permitted by law, and in respect of the Websites, in no way shall My Goodness its officers, employees or agents be liable for any remedy at law or at equity resulting from:

• any errors of content;
• any viruses, trojan horses or the like which is transmitted through the Websites by a third party; or
• any unauthorized access of secure servers which results in access to personal, sensitive and/or financial information stored therein;
• corruption to or loss of data, errors or interruptions or any suspension or discontinuance of the service.

Linked Websites

This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

My Goodness are not responsible for the content or privacy practices associated with Linked Websites.

Our links with 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 websites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

Privacy Policy

My Goodness undertakes to comply with the terms of its Privacy Policy which accompanies to these Terms and Conditions. Read our Privacy Policy.

Notice

Any notice to be given by you to My Goodness shall be sent to My Goodness’ address that appears on this Website, or as otherwise notified to you by My Goodness. No notice shall be deemed to be given until it is actually received at such address.

Severance

Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, then it will be severed. The remaining provisions of these terms, and the validity or enforceability of that provision in any other jurisdiction, will not be affected.

Governing Law

The client agrees that all contracts made with My Goodness shall be deemed to be made in the State of Victoria, Australia and these Terms and Conditions are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

Force Majeure

If My Goodness’ performance obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of My Goodness, My Goodness will not be liable for any loss or damage suffered by the client or any other person and My Goodness will give the client written notice if the force majeure event has continued unabated for thirty (30) days.

General

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Websites. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.

Enquiries: if you have any queries please contact support at hello@mygoodness.com.au.