Terms & Conditions
Welcome to the Olive Leaf Australia Pty Ltd ACN 088 909 648 (“olea”) website. These Terms and Conditions apply to your use of:
a. the Olive Leaf Australia website at www.olea.com.au (“Website”); and
b. any other social media website or page, containing pages or content established by, or associated with Olive Leaf Australia, including, but not limited to: (i) Facebook and (ii) Twitter,
(collectively called the “Internet Sites”).
By using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
Olive Leaf Australia reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property
Unless otherwise stated, Olive Leaf Australia is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Olive Leaf Australia , its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Olive Leaf Australia ’s ownership in such intellectual property is protected by both Australian and international law.
Olive Leaf Australia grants you a limited license (“License”) for the purpose of learning about Olive Leaf Australia and its products, registering, ordering and paying for Olive Leaf Australia products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately. Under no circumstances, without the prior written approval of Olive Leaf Australia, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without Olive Leaf Australia ’s express prior permission. You may not use any metal tags or other hidden text which incorporate Olive Leaf Australia ’s name or any of its intellectual property including trademarks without Olive Leaf Australia ’s express prior permission. You agree to fully indemnify Olive Leaf Australia for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Olive Leaf Australia its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
6. Proprietary Notices
In the event that you are granted permission by Olive Leaf Australia to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Olive Leaf Australia , you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While Olive Leaf Australia endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Olive Leaf Australia does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Olive Leaf Australia does not undertake to keep the Internet Sites updated, Olive Leaf Australia does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Olive Leaf Australia .
8. Posting Policy
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted ( “Posts”) on any of the Internet Sites.
a. Olive Leaf Australia reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post;
b. personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
c. you agree to indemnify Olive Leaf Australia on demand for any loss or costs of whatever nature suffered by Olive Leaf Australia whether direct or consequential as a result of any breach by you of paragraphs a. and b. above.
9. Inappropriate Posts
Olive Leaf Australia has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users. If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate, please contact us immediately and we will do our best to resolve the issue.
Olive Leaf Australia can be contacted in any of the following way:
Phone: 1800 466 392
Post: 10 Edmondstone St, South Brisbane, QLD, 4101
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Olive Leaf Australia regardless of whether Olive Leaf Australia may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. Genuine Opinion
To the best of Olive Leaf Australia’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. Linked Websites and Third Party Information
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Olive Leaf Australia is 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 use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Linked Websites do not operate under these Terms and Conditions except in relation to pages or content established by, or associated with Olive Leaf Australia. Olive Leaf Australia recommends that you examine the privacy statements posted on those Linked Websites to understand their procedures for collecting, using, and disclosing personal information and other information.
The Internet Sites may contain information which is obtained from third parties and which those third parties or Olive Leaf Australia may post on the Internet Sites from time to time. Such information is provided for convenience only and Olive Leaf Australia does not necessarily endorse the products or services referred to in the information.
Olive Leaf Australia requires that you obtain the prior written approval of Olive Leaf Australia before providing any link to the Website. Where such approval is given, you further agree that you will not use any Olive Leaf Australia logo, trademark or other proprietary graphic as part of such link without the express prior approval of Olive Leaf Australia .
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunications equipment or other property. Olive Leaf Australia does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website, or any errors, omissions in, delays or interruptions to or cessation of the Internet Sites through negligence or otherwise.
16. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Olive Leaf Australia further notes that the information accessed through the Internet Sites is to inform you of Olive Leaf Australia ’s range of products and their use. Olive Leaf Australia does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem please consult your health care professional. Where any law implies a warranty to these Terms and Conditions which may not be lawfully excluded, then to the maximum extent permitted by law, the liability of Olive Leaf Australia for breach of the warranty will be at its option limited to the resupply of the relevant service or the payment of the cost of having that service resupplied.
17. Exclusion of Liability
Under no circumstances will Olive Leaf Australia , its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Olive Leaf Australia to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
18. Limitation of Liability
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Olive Leaf Australia becomes liable for any loss or damage that would otherwise have been excluded, Olive Leaf Australia ’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50AUD.
The Internet Sites are governed by and are to be interpreted in accordance with the laws of Queensland, Australia and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
20. Social Networking Sites
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
22. Failure to Comply
Olive Leaf Australia accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If Olive Leaf Australia waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
In the case of a breach of these Terms and Conditions by you or any other person, Olive Leaf Australia is free to decide whether it wishes to take action for such breach, and if so when and how. Olive Leaf Australia will not be prevented by passage of time or any other matter, from exercising its rights.
26. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
All Olive Leaf Australia content on the Internet Sites is protected. Olive Leaf Australia Limited is either the owner or licensee of all rights to such content. All such rights are reserved.
If you have any queries in regard to these Terms and Conditions, please don’t hesitate to contact Olive Leaf Australia.
29. Express Disclaimer
Any information provided by Olive Leaf Australia and accessed through the Internet Sites is to inform you of our range of products and their use. Olive Leaf Australia does not engage in offering professional medical or health advice. Information provided by Olive Leaf Australia and accessed through the Internet Sites is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your doctor or health adviser.