Privacy Policy
Happy and Health Life Australia Pty Ltd, trading as CoCoMe, takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Happy and Health Life Australia Pty Ltd’s Privacy Policy which is available on the Website.
General Disclaimer
(a) You acknowledge that Happy and Healthy Life Australia Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided pursuant to these Terms.
(b) Happy and Healthy Life Australia Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law or any liability under them, which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and Happy and Healthy Life Australia Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Happy and Healthy Life Australia Pty Ltd (including the Delivery Services) is at your own risk. Everything on the Website, the Purchase Services, and the Products of Happy and Healthy Life Australia Pty Ltd, are provided to you on an ‘as is’ and ‘as available’ basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Happy and Healthy Life Australia Pty Ltd including any third party where the Delivery Services are made available to you, make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Happy and Healthy Life Australia Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service or any of its Content related products (including third-party material and advertisements on the Website).
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products.
(iv) the Content or operation in respect to links which are provided for the User’s convenience.
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.2. Limitation of Liability
(а) Happy and Healthy Life Australia Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Happy and Healthy Life Australia Pty Ltd is the supply of information or Purchase Services to you.
(b) You expressly understand and agree that Happy and Healthy Life Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect,incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Happy and Healthy Life Australia Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Happy and Healthy Life Australia Pty Ltd, by third parties or by any of the Purchase Services offered by Happy and Healthy Life Australia Pty Ltd.
(d) You acknowledge that Happy and Healthy Life Australia Pty Ltd does not provide the Delivery Services to you and you agree that Happy and Healthy Life Australia Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
3. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Happy and Healthy Life Australia Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Happy and Healthy Life Australia Pty Ltd at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Happy and Healthy Life Australia Pty Ltd has made this option available to you.
(c) Your notice should be sent, in writing, to Happy and Healthy Life Australia Pty Ltd via the 'Contact' link on our website
(d) Happy and Healthy Life Australia Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Happy and Healthy Life Australia Ply Ltd is required to do so by law;
(iii) the partner with whom Happy and Healthy Life Australia Pty Ltd offered the Purchase Services to you has terminated its relationship with Happy and Healthy Life Australia Pty Ltd ceased to offer the Purchase Services to you;
(iv) Happy and Healthy Life Australia Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by Happy and Healthy Life Australia Pty Ltd is, in the opinion of Happy and Healthy Life Australia Pty Ltd, no longer commercially viable.(е) Subject to local applicable laws, Happy and Healthy Life Australia Ply Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Happy and Healthy Life Australia Pty Ltd's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Happy and Healthy Life Australia Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
4. Indemnity
(a) You agree to indemnify Happy and Healthy Life Australia Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (iii) any breach of the Terms.
5. Dispute Resolution
5.1. Compulsory If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
5.2. Notice A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
5.3. Resolution On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Perth, Australia.5.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as without prejudice" negotiations for the purpose of applicable laws of evidence.
5.5. Termination of Mediation If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction - The Purchase Services offered by Happy and Healthy Life Australia Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
Governing Law - The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance - If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.