Our Policies
Acceptance and Agreement
1.1 Our Website Legals are the terms and conditions on which You visit, access, view and/or use the website of Guiltless Pty Ltd ACN 654 896 036 trading as Guiltless (Our Website) and by which You acquire services referenced on Our Website and include Our:
(a) Terms of Use of Our Website;
(b) Disclaimers and limitations of liability relating to Our Website;
(c) Privacy Policy; and
(d) Other terms and conditions relating to products and services We offer or reference on Our Website. (Our Website Legals)
1.2 You should review the contents of Our Website Legals before proceeding to visit, access, view or use Our Website and before acquiring any products or services referenced on Our Website, including third party products or services from third party providers.
1.3 By visiting, accessing, viewing, or using Our Website or acquiring products or services referenced on Our Website, You:
(a) Express Your understanding and acceptance of the matters set-out in these Website Legals;
(b) You warrant to Us that You have the legal capacity to enter an agreement on the terms and conditions set out in Our Website Legals; and
(c) You enter into a legally binding agreement with Us on the terms and conditions set out in Our Website Legals.
1.4 We reserve the right to amend these Terms of Use of Our Website from time to time. Amendments will be effective immediately upon notification on Our Website. Your continued use of Our Website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
License to Use Website
2.1 Subject to compliance with Our Website Legals, We grant You a limited, non-exclusive and non-transferable license to use Our Website in accordance with Our Website Legals (License).
2.2 You may visit, access, view and use Our Website in the normal manner, but must not except as permitted under the Copyright Act 1968 (Cth) copy, reproduce, republish, distribute, or display any information on Our Website without Our written permission.
2.3 The License to use Our Website does not include the right to use any data mining robots or other extraction tools or to metatag or mirror Our Website.
Website Content and Access – No Warranties or Representations
3.1 While We endeavor to take reasonable care in preparing and maintaining the information on Our Website, We do not warrant the accuracy, reliability, adequacy or completeness of any of the content of Our Website, nor provide any specific advice for Your circumstances. It is Your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
3.2 You acknowledge and accept that the content of Our Website:
(a) may include technical inaccuracies and typographical errors;
(b) may not necessarily be up to date or accurate at the time you view it;
(c) is subject to change at any time without notice.
3.3 To the fullest extent permitted by law We exclude all representations, warranties, or terms (whether express or implied) other than those set out in Our Website Legals.
3.4 We do not guarantee that access to Our Website will be uninterrupted or that Our Website is free from viruses or anything else which may damage any computer which accesses Our Website or any data on such a computer.
Order and Contract
4.1 When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. We reserve the right to cancel or reject an order, at any time before delivery and for whatever reason. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
4.2 You may make an order for:
i) a one-off purchase (One-Off Purchase); or
ii) a subscription as described on Our Website (Subscription).
4.3 All purchases made through Our Website are subject to availability. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away.
4.4 Delivery costs (Shipping) is included in the Total Cost as per the order receipt, unless additional charges are applicable which will then also be displayed in the Total Cost
4.5 Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol in accordance with the law and responsibly.
Payment
5.1 In the event of One-Off Purchase:
(a) You must pay us the purchase price of each product you order plus any additional applicable costs, such as Express Delivery if the option exists as set out on the Site.
(b) Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase.
(c) Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
5.2 In the event of Subscription:
(a) When you place an order for a Subscription, you must choose a tier of Subscription, for different periods (e.g. 3 months, 6 months or 12 months).
(b) Once you placed an order for a Subscription, then the Subscriptions are an ongoing service and will be automatically billed in line with the billing cycle of your chosen subscription. Subsequent monthly charges for each order will occur on the 15th calendar day of the month of your active Subscription (Billing Date).
Delivery
6.1 All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by a carrier of Our choosing and potentially without Insurance or tracking. We will endeavor to dispatch a One-off Purchase order within one (1) business day from receiving an order or Subscription Billing Date for subscriptions.
6.2 While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
6.3 Insurance may be available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
6.4 We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as possible. We do not currently ship internationally.
Intellectual property
7.1 The content and materials displayed on Our Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos, and trademarks, are Our property (or we are licensed to use them) and are protected by copyright, trademark and other intellectual property laws (Intellectual Property).
7.2 Any such material or content may be printed solely for Your personal, non-commercial use within Your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material to any third party without Our express prior written consent.
7.3 We do not grant You any license or right in, or assign all or part of, Our intellectual property rights in the content or applications incorporated into Our Website or in the user interface of Our Website.
Submissions on or Via Our Website
8.1. Any material You send to Us on or via Our Website (including without limitation any data, questions, comments, suggestions, ideas, or other information) will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose we see fit without compensation to You.
Links to Third Party Websites / Third Party Suppliers
9.1. Our Website contains links to other websites operated, controlled or produced by third parties and third-party providers. Unless otherwise indicated, We do not control, endorse, sponsor, evaluate or approve any, third-party websites or their content nor do We provide any warranty or take any responsibility whatsoever for any aspect of those websites, their content or the products or services they provide.
9.2. The views of others included on third party websites, whether linked to Our Website or not are not necessarily the views held by Us. We do not assume any responsibility for acts or omissions of those who have authored or made accessible that content. You should view that third party’s terms of use, terms of trade, disclaimers, privacy policy or similar documents before You rely on their information and content or acquire their products or services.
Interference with Our Website
10.1 You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with Our Website or any material or content displayed on Our Website. Without limiting the forgoing, You must not add any content to Our Website:
(a) Unless You hold all necessary rights, licenses and consents to do so;
(b) That would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
(c) That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threating, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) That would bring Us or Our Website into disrepute; or
(e) That infringes the Intellectual Property or other rights of any person.
10.2 You warrant to Us that You have complied with the preceding sub-clause. Should You not comply or act contrary to any of the matters in that sub-clause You agree to indemnify and hold Us harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs including without limitation reasonable legal expenses arising directly or indirectly out of or in connection with Your use of Our Website.
10.3 If You wish to establish a link to Our Website, You must first seek approval from Us and provide the URL of the website that You seek to establish a link from, a brief description of Your website and the reason that You wish to establish a link.
10.4 If We agree to Your proposed link, You must comply with any terms and conditions imposed by Us as a condition of such agreement. If the nature and/or content of Your website changes in any material way, You must contact Us and provide a new description of Your website so We may assess whether to continue that approval.
Descriptions of Product and Services
11.1 We aim to ensure Our products and services and those of third-party providers are described as accurately as possible on Our website, however We do not warrant that any such description provided is accurate. Where We become aware of any misdescription, We reserve the right to correct any misdescription, error or omission.
11.2 Images on Our Website are provided for illustrative purposes only and We do not guarantee that any image will reflect or portray the full design or options relating to any product or service You purchase from us or from a Third-Party Provider.
Cancellation
12.1 You may cancel your subscription at any time prior to 3 business days before the next billing date through emailing us or accessing the self-service portal (if available). If you do not cancel your Subscription 3 business days prior to the next billing date, then your Subscription will be dispatched as per your Subscription order and your credit card will be charged.
Refund policy
13.1 You are entitled to a replacement or refund if the goods fail to be of acceptable quality under the Australian Consumer Law. However, we have absolute discretions to give refunds if you change your mind or make the wrong decision.
13.2 If you would like to exchange any of the contents of the goods received, e.g. if the book or wine are not suitable for your use or consumption, you must contact: admin@guiltless.com.au to discuss options within 14 days of receiving the delivered goods. The options provided by Us may be limited by a number of factors, such as stock numbers, and any costs of return and receive the replacement will your responsibility.
Limitation of liability
14.1 To the maximum extent permitted by law We exclude all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the content of Our Website and Your reliance on it, Your use of Our Website and/or the performance of Our Website, except to the extent that the loss or damage is directly caused by Our fraud or willful misconduct.
14.2 Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Legals which may not lawfully be excluded, then provided it is fair and reasonable to do so, Our liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:
(a) in the case of products: replacement of the products or the supply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or payment of the cost of having the products repaired; and
(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
Privacy Policy
15.1 We may collect personal information about you from time to time in a lawful and transparent manner and by fair means:
(a) to the extent that it is necessary to provide a product or service, to carry out Our internal administrative operations or to meet relevant regulatory requirements; or
(b) for the purposes of enhancing Our ability to provide improved products or services or to improve service delivery to You and other persons in the future.
15.2 We have processes and procedures in place to comply with privacy legislation (as applicable from time to time) and You may request a copy of our Privacy Policy from us at any time or find it on our website.
15.3 By using Our Website, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate.
Indemnity
16.1 You agree to indemnify, defend and hold harmless to US, Own directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of Our Website or your breach of the Our Website Legals.
General Terms
17.1 These Website Legals are governed by and construed in accordance with the State of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any dispute which may arise.
17.2 You must not assign, sublicense or otherwise deal in any way with any of Your rights contained in these Website Legals.
17.3 If a provision of these Website Legals are invalid or unenforceable it is to be read down or severed to the extent necessary without effecting the validity or enforceability of the remaining provisions.
17.4 Unless agreed with You in writing otherwise, these Website Legals constitute the entire agreement between You and Us relating to use of this Website and matters contemplated in it.