Welcome to Happinesswatchersbox.com (ACN 623290755).
Happiness Watchers PTY LTD owns and operates the Internet site located at www.happinesswatchersbox.com. As used herein, the terms “you”, “your” refer to the user or registered user using this Website. The terms “HW”, “we”, “us”, “Site” and “our” refer to Happinesswatchersbox.com and its related or affiliated companies.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Site
You may use the Site only for your non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Site. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Site. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site, the App’s or Site’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
- Using the Site to drop ship merchandise to third parties
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Registration and Passwords
What you must do and tell us:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you will ensure that your Login ID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
- you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
- you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you are responsible and liable for any person that uses your Login ID and password to order Product(s) through the Site;
- you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Site;
- you will check the labels on the Products before consumption or use.
You must not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
Site and App Not for Minors
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. HW reserves the right, with or without prior notice, to do any one or more of the following:
- limit the available quantity of or discontinue any product or service
- impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion
- bar any user from making or completing any or all Transaction(s); and
- refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with HW and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The Subscription Contract between You and Us
HW offers various subscription types: including recurring monthly subscriptions (“Monthly Subscriptions”); Prepaid three months, six months and annual subscriptions (“Three months, Six months & Annual Subscriptions”); and one-time prepaid subscriptions (“One Time Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of HW subscriptions subject to automatic renewal, you agree that HW may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before HW reasonably could act.
MONTHLY SUBSCRIPTIONS & AUTOMATIC MONTHLY RENEWAL TERMS
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by HW after the expiration date of your payment card.
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
To cancel your Monthly Subscription at any time, you may
- logon to your account and follow the cancellation procedures there,
- send us a message and we will do it for you, or
- Go to support and schedule a call with one of our representatives who can help you cancel.
CANCELLATION POLICY FOR ANNUAL SUBSCRIPTION RENEWALS
You may only cancel your current Annual Subscription during the first 3 months of the subscription. To cancel your Annual Subscription renewal for the following year, at any time after you were billed for the then-current year, you may
- logon to your account and follow the cancellation procedures there,
- send us a message and we will do it for you, or
- go to support and schedule a call with one of our representatives who can help you cancel.
If you cancel, you may use your subscription until the end of your then-current subscription term.
THREE MONTHS, SIX MONTHS & ANNUAL SUBSCRIPTIONS
By purchasing a Three Months, Six Months and Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for Three Months, Six Months or One Full Year of service and a recurring Subscription renewal fee at the then-current Three Months, Six Months or Annual Subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by HW after the expiration date of your payment card.
AUTOMATIC THREE MONTHS, SIX MONTHS & ANNUAL RENEWAL TERMS
At the end of each Three Months, Six Months or Annual Subscription term, your subscription will be automatically extended for another term of Three Months, Six Months or One Year and your payment method will automatically be charged renewal fee at the then-current Three Months, Six Months and Annual Subscription rate until you cancel your Subscription Renewal.
For One-time Subscriptions, the subscription will not be renewed after the then-current term expires. Please read our cancellation policy on One-time Subscription prior to placing an order.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of HW or our Licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All our Site’s and the App’s content is copyrighted by us. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by HW.
Warranty and Liability
- HW accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
Where we are permitted by law (and subject to clause 15.1):
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
All notices from you must be in writing and emailed to email@example.com.
Notices from us to you are displayed on the Site from time to time.
For photography purposes, certain Products have been featured with additional items. You acknowledge and agree to refer to the contents on the Product page to review full Product contents.
Contributed Content Guidelines
We value your engagement. When contributing content, please consider the following guidelines:
- By submitting or posting any materials or content on the Site, you grant HW a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Site the license specified above. You further represent, warrant and covenant that any materials you provide will not contain unlawful, abusive or obscene material. HW will be entitled to use any content submitted by you without
- All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement.
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via firstname.lastname@example.org
You assume all responsibility and risk with respect to your use of the Site. THE SITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, SITE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HW makes no warranties of any kind regarding any non-Site sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and HW makes no representations or warranties about the accuracy, availability, suitability or safety of information provided in such non-Site sites. HW does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimer – No Professional Advice
The information contained in this site is provided in good faith on an “as is” basis. Happinesswatchersbox.com does not warrant to the reliability, accuracy or completeness of the information contained on this Site. Use of the Site is not meant to serve as a substitute for professional advice.
Your total price will include the price of the product plus any applicable sales tax. State and local sales tax are based on the shipping address and the sales tax rate in effect at the time you purchase the product. Overseas customers are liable to pay duty and other taxes impose by their country of origin.
Limitation of Liability
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SITE, IN NO EVENT SHALL SITE, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SITE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO SITE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
The failure of Site to partially or fully exercise any rights or the waiver of Site of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by HW or be deemed a waiver by HW of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of HW under these Terms and any other applicable agreement between you and HW shall be cumulative, and the exercise of any such right or remedy shall not limit HW’s right to exercise any other right or remedy.
The laws of the State of Queensland shall govern these Terms without regard to conflict of law’s provisions.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Site shall be submitted to confidential arbitration in the state of Queensland. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction.