Terms & Conditions
Welcome to the Happy Hearts Australia Inc. website. Please read these Terms and Conditions carefully before using this website.
By accessing or using this website, you agree to be bound by these Terms and Conditions and all applicable laws. If you do not agree, please do not use this website.
1. About this website
This website is owned and operated by Happy Hearts Australia Inc.
These Terms and Conditions apply to your access to, and use of, this website, including any purchases made through it.
2. Intellectual property
Unless otherwise stated, all content on this website — including text, graphics, logos, images, design, layout and code — is owned by or licensed to Happy Hearts Australia Inc. and is protected by Australian and international intellectual property laws.
You may view, download or print material from this website for your personal, non-commercial use only, or for the purpose of placing an order with Happy Hearts Australia Inc.
You must not reproduce, distribute, modify, publish, transmit, display or otherwise use any content from this website for any other purpose without our prior written consent.
3. Trade marks
All trade marks, service marks, trade names and logos displayed on this website are the property of Happy Hearts Australia Inc. or their respective owners.
You must not use any of these without prior written permission from the relevant owner.
4. Acceptable use
You agree to use this website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the website.
You must not:
- use this website in any way that is unlawful, abusive, defamatory, threatening, obscene, fraudulent or otherwise objectionable;
- impersonate any person or entity, including any employee or representative of Happy Hearts Australia Inc.;
- upload, post or transmit any material that infringes another person’s rights or breaches any law;
- upload or distribute any malicious code, virus or harmful material;
- use this website to send unsolicited commercial communications or promote another business or organisation without permission;
- interfere with the security, operation or functionality of this website.
We reserve the right to suspend, restrict or terminate access to this website if we believe a user has breached these Terms and Conditions.
5. User-submitted content
If this website allows users to upload, post or submit content, Happy Hearts Australia Inc. does not undertake to review all such content and is not responsible for it.
However, we may remove or block any content, without notice, if we believe it is unlawful, misleading, offensive, defamatory, abusive, obscene, infringing, or otherwise unacceptable.
6. Product and website information
We make reasonable efforts to ensure that the information on this website is current, accurate and complete. However, all information is provided on an “as is” basis and may contain errors, inaccuracies or omissions.
Product descriptions, photos and illustrations are provided for general guidance only. Colours and appearance may vary slightly from the actual product.
7. Pricing and typographical errors
From time to time, products may be listed with incorrect pricing or other incorrect information due to typographical errors or system issues. In those circumstances, Happy Hearts Australia Inc. reserves the right to refuse or cancel any order placed for the affected product.
If payment has already been made and the order is cancelled, we will refund the amount paid in respect of that order.
8. Disclaimer
To the fullest extent permitted by law, this website and all content, materials and products made available through it are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.
Happy Hearts Australia Inc. does not warrant that:
- this website will be uninterrupted, secure or error-free;
- defects will be corrected;
- this website or its servers are free of viruses or other harmful components; or
- information on this website is accurate, complete, reliable or current.
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.
9. Your responsibility
You are responsible for taking appropriate precautions to protect your devices, systems and data when using this website, including using up-to-date antivirus and security software.
While we take reasonable care in relation to website security, we do not guarantee that this website will be free from viruses, defects or other harmful elements, and we accept no liability for any damage or disruption arising from your use of the website.
10. Limitation of liability
To the fullest extent permitted by law, Happy Hearts Australia Inc., its officers, employees, volunteers, agents and suppliers are not liable for any loss, damage, cost or expense, including any indirect, incidental, special or consequential loss, arising out of or in connection with:
- your use of, or inability to use, this website;
- any errors or omissions in the content of this website;
- any interruption to access to this website;
- any product purchased through this website; or
- any linked third-party website.
Where liability cannot be excluded by law, it is limited to the maximum extent permitted by law.
11. Third-party links
This website may include links to third-party websites for your convenience. Those websites are not controlled by Happy Hearts Australia Inc., and we are not responsible for their content, privacy practices, availability or accuracy.
The inclusion of a link does not imply endorsement. You access any linked website at your own risk.
12. Indemnity
You agree to indemnify and hold harmless Happy Hearts Australia Inc., its officers, employees, agents, licensors and suppliers from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal costs, arising out of:
- your breach of these Terms and Conditions; or
- your misuse of this website.
13. Termination
These Terms and Conditions apply from the time you first access this website and continue until terminated. Happy Hearts Australia Inc. may suspend, restrict or terminate your access to this website at any time, without notice, if we reasonably believe you have breached these Terms and Conditions or applicable law.
Any provisions that by their nature should survive termination will continue to apply, including those relating to intellectual property, disclaimers, liability and indemnity.
14. Notices
We may provide notices to you by email, by posting notices on this website, or by any other reasonable method using the contact details you have provided.
15. Governing law
These Terms and Conditions are governed by the laws of Queensland, Australia. Any dispute arising out of or in connection with these Terms and Conditions or your use of this website will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
16. General
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
If we do not enforce a right or provision under these Terms and Conditions, that does not constitute a waiver of that right or provision.
We may update these Terms and Conditions from time to time by publishing the revised version on this website. Your continued use of the website after any changes are published constitutes your acceptance of those changes.
