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    Conditions of Use

    WEBSITE TERMS OF USE AND DISCLAIMER

    1. Welcome

    Welcome to our website (“Website”).

    These are the Website Terms And Conditions Of Use And Disclaimer of   LaManna Direct Pty Ltd trading as LaManna Supermarket (ABN 52 126 913 602) (“LaManna”, “we”, “us”).

    The Website is located at www.lamannas.com.au, and we own and operate the Website.

    For the purposes of this Agreement, "You" refers to you, as a user of our Website and a customer of LaManna;

    We maintain our Website as a service to our customers.

    These Terms and Conditions incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

    We intermittently use the term “Agreement” or “Terms”, They both mean the terms and conditions of your use of this Website as set out in these terms and conditions.

    Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us.

    Acceptance of Agreement

    By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions and that you confirm your agreement to abide by this Agreement.   If you do not agree with any of these terms and conditions, please do not use our Website.

    We may change the terms of this Agreement at any time and from time to time by us.

    The latest Agreement will be posted on the Site and you should review this Agreement prior to each time that you use the Site.

    Questions or Concerns Regarding Site

    If you have a question or concerns regarding the Website please don’t hesitate to get in touch with us at concerns@lamannas.com.au.

    1. Use of our website

    The content of this Website is for your general information and use only and is subject to change without prior notice.

    You can only ever use our Website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the Website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the Website.

    We have a zero-tolerance policy for users who:-

    - conduct themselves unlawfully, or in an offensive manner; or

    - encourage unlawful or offensive conduct; or

    - post any defamatory, obscene, offensive or scandalous material; or

    - bully, harass or cause distress or inconvenience to any person; or

    - attempt to disrupt the Website.

    We reserve the right to ban any users who engage or encourage others to in participate in such behaviour.

    You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our Website or any material or content displayed on the Website, or attempt to do any of those things.

    Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

    1. Intellectual property

    This Website contains material which is owned by or licensed to us.

    This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

    Unless we say otherwise, all rights (including copyright) in the Website are owned or controlled by us and are reserved by us.

    Any reproduction of the Website or Website content is prohibited unless we agree in writing

    All designs, trademarks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this Website which are not our property or which are not licensed to us.

    As a user of our Website, we grant you a non-exclusive, royalty-free, revocable license to use our Website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the Website for your own personal and non-commercial use.

    Except as outlined above, we don’t grant you any other rights whatsoever in relation to the Website- We expressly retain and reserve ownership of all other rights and nothing you do on or in relation to the Website will transfer any intellectual property or associated rights to you or to any other person.

    If you would like to share our Website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our Website.

    If you’d like to share, re-publish or otherwise use our Website or content in a way that you aren’t expressly authorised to do by these terms, you must contact us immediately before doing so and obtain our permission which we may refuse at our sole discretion. .

    1. Submissions & Your Content

    We’ll sometimes ask our users to contribute content to our Website or social media.

    Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise.

    You authorise us to use it for any purpose, without compensation to you.

    If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

    1. Privacy

    We take your privacy seriously.

    We collect and store personal information when you register, move through the Website or make purchases.

    Visitors to this Website should refer to our privacy policy https://shop.lamannas.com.au/privacy-notice for more detailed information about how LaManna collects and uses personal information.

    By using the Website and accepting these Terms, you expressly consent to LaManna’s use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated in these Terms by reference.

    Personal Information

    You acknowledge and agree that LaManna may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

    (a)       comply with legal process;

    (b)       enforce these Terms;

    (c)       respond to claims that any content violates the rights of third-parties; or

    (d)       protect the rights, property, or personal safety of LaManna, its users and the public.

    We may also disclose Personal Information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements.

    1. Links to our website

    If you would like to link to our Website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link.

    Please note that if we allow you to link to our Website, we may impose certain terms or conditions but it’s at our own discretion if we choose to include your link to our Website and we will not be held responsible for deletion of your link at any time if it does not follow our guidelines or protocols or where the information is outdated or no longer is a good fit for LaManna.

    If the nature or content of your Website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website.

    If the change means that your website is no longer a good fit with ours, we may ask you to remove the link.

    Refusal will constitute a breach of these terms.

    1. Links from our website to other websites

    Our Website may contain links to other web sites.

    We are not responsible for the content, accuracy or opinions expressed in those web sites, and we do not investigate, monitor or checked those websites for accuracy or completeness. We do not maintain any editorial or other control over those web sites.

    Inclusion of any linked web site on our Website does not imply that we approve or endorse the linked web site.

    If you decide to leave our Website and access these third-party websites, you do so solely at your own risk.

    For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

    1. Our use of cookies

    We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.

    1. Security

    Communications with our website are secured with a Secure Socket Layer (SSL) certificate provided by USERTrust RSA Certification Authority.

    We use our best endeavours to ensure the website is free of any malware, bugs, viruses, Trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

    1. Disclaimer and indemnity

    Nothing in these Terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

    Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Website for any purpose which are not expressly stated in these Terms.

    You acknowledge and agree that information and materials on the Website may contain mistakes, inaccuracies or errors and we expressly exclude any liability for those mistakes, inaccuracies or errors to the fullest extent permissible by law.

    Limitation of Liability

    You expressly understand and agree that under no circumstances including, without limitation, its own negligence, shall LaManna or its representatives be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with the Website.

    In the event that you object to any of these terms or be dissatisfied with your use of the Website, your only recourse is to immediately discontinue your use of the Website.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In those jurisdictions, liability is limited to the fullest extent permitted by law.

    You agree that any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after the alleged claim or cause of action arose. Otherwise Your claim will be forever barred.

    We make the Website available to you, however you use it at entirely your own risk, for which we will not be liable.

    Everything on the Website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:

    - failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the Website;

    - unsuitable or out of date information on the Website (including third party material and advertisements on the Website);

    - you or any other person acting or not acting, on any information;

    - personal injury or property damage of any nature resulting from your or any other person’s access to or use of the Website;

    - any unauthorised access to or use of information or data, including personal and financial information, collected by us;

    - any interruption of transmission to or from the Website;

    - any unauthorised access to or use of information or data, including personal and financial information, collected by us;

    - any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the Website, including links to other sites;

    - costs incurred by you in using the Website; and

    - links which are provided for your convenience.

    It is your own responsibility to ensure that any services or information available through this Website meet your specific requirements.

    1. Changes to terms

    If we decide to change these terms and conditions of use (and we can do so at any time),

    We will post a copy of our revised terms on our Website.

    Changes to the terms and conditions of use will take effect as soon as and immediately when the revised terms and conditions are posted on the Website.

    Your continued use of the Website indicates your acceptance of the revised terms.

    1. No affiliation

    Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

    1. Termination

    We may terminate this Agreement at any time by us without notice and without reason. If we terminate this Agreement you will no longer have access to our Website.,

    Even though we may terminate this Agreement all disclaimers and limitations of liability will survive termination and will continue to apply.

    1. Disputes & Jurisdiction

    If you have a dispute with us, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently.

    As we are based in Victoria, these terms will be governed by the laws of Victoria.

    If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the appropriate court or tribunal in Victoria.

     

    1. Invalid Provision

    If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

    1. Fair Interpretation Of This Agreement

    The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.