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Website Terms of Use

Disclaimer

Information provided on Babushka's Kefir Website is offered as a means of assisting consumers in making informed decisions about probiotics and their health. This information is NOT intended as a replacement for the advice or treatment that may have been prescribed by your physician and is not intended to be used as a cure. Be sure to consult with your physician or other qualified health provider prior to taking the information offered here and before adhering to this information or recommendations made on our site. By accessing this site, you agree that you are solely responsible for the way that this information is perceived and utilised, and do so at your own risk. In no way will Babushka's Kefir or our vendors be liable for any injury caused in whole or in part from the information or products offered on this website.

 

Statements contained herein have NOT been evaluated by any official accredited government food safety regulators. Our products are not intended to diagnose, treat and cure or prevent disease. Always consult your professional health care provider before changing any medication or using our products.

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General disclaimers

Use of this site is at your risk. None of Babushka's Kefir, its affiliates or any of their respective officers, employees, agents or licensors:

  • makes any express or implied representation or warranty about, or

  • shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site.

This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

  • your reliance on the completeness, accuracy or currency of the site or its content (including third party material on this site). This site is designed for general interest only. It is not advice and you should not rely on it.

  • failure of performance, error, omission, defect, delay in operation or transmission, computer virus, loss of data, communication line failure or unlawful third party conduct.

  • accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.

  • defamatory, threatening, offensive or unlawful conduct of third parties.

  • a breach by us of our Privacy Policy (other than a wilful breach).

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Exclusion of implied warranties

We exclude all warranties that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

 

Limitation of our liability (if any) to you

Under no circumstances shall we be liable for any direct or indirect, special, incidental or consequential damages that may arise from your use of, or inability to use, this web site.

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Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you as a direct or indirect consequence of using this site. Without limiting the preceding paragraph, you indemnify us for any loss incurred by us by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you using this site.

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Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

 

User conduct and indemnity

Lawful use only

You must use this site only for lawful purposes.

 

General prohibitions

You must not up-load, post, transmit or otherwise make available through this site any material which:

  • violates or infringes the rights of others (including their privacy and publicity rights);

  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

  • restricts or inhibits any other user from using or enjoying this site;

  • affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or

  • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

 

No infringement of others’ proprietary rights

You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.

 

Licence to use your contributions

If you submit material to this site, you grant, or warrant that the owner of any such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sublicensable right to:

  • use, reproduce, modify, publish, distribute and create derivative works from such material;

  • use the names and images (if any) that you submit with any such material; and

  • exploit all proprietary rights (such as copyright, trade marks and service marks) in the material in any form and for any purpose, commercial or otherwise.

You also waive in favour of us and any person authorised by us all moral and similar rights you may have or later acquire in respect of any such material. If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.

 

Disclaimer about others’ materials

You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

 

Monitoring site content

If you submit material to this site, you permit us, for any reason, to:

  • monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and

  • edit, refuse to post or remove any material submitted by you.

However, we do not assume any obligation to monitor or censor this material. Additionally, we reserve the right to host unmoderated forums. We are not responsible for materials posted to those forums by third parties.

 

Applicable law

Law of New South Wales, Australia applies

This site (excluding any linked, third party sites) is controlled by us from Australia. Any disputes about this site, its contents or your dealings with Zenway must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

 

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms which will continue in full force and effect.

 

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us. Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

 

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

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