Terms & Conditions

Perfection Fresh Terms of Use

Except as otherwise provided in a written agreement signed by Perfection Fresh, these Terms of Use represent the entire understanding between you and Perfection Fresh and our related companies (collectively, “Perfection Fresh”) regarding your use of www.www.perfection.com.au (the “Site”) and your submission of any materials to us. 

By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Perfection Fresh reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site. 

Disclaimer

PERFECTION FRESH PROVIDES THE SITE AND ITS SERVICES ON AN “AS-IS” BASIS. PERFECTION FRESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERFECTION FRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, PERFECTION FRESH DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERFECTION FRESH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. 

Limitation of Liability

IN NO EVENT SHALL PERFECTION FRESH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE, ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF PERFECTION FRESH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERFECTION FRESH’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100. 

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Perfection Fresh. Perfection Fresh provides these links solely as a convenience. The appearance of a link does not imply Perfection Fresh’s endorsement, nor is Perfection Fresh responsible for the content of any linked site. You access linked sites at your own risk. 

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights

The Site is owned by Perfection Fresh and contains material that is derived in whole or in part from Perfection Fresh and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Perfection Fresh’s express written permission. 

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Perfection Fresh, or their content suppliers, and are protected by Australian and other international copyright laws, © 2010 Perfection Fresh ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties. 

Trademarks

The Perfection Fresh logo is a trademark of Perfection Fresh and related companies. It may not be used in connection with any products or services other than those products or services offered by Perfection Fresh or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Perfection Fresh or related companies. All other trademarks are the property of their respective owners. 

Notice of Potential Infringement

To notify Perfection Fresh of any suspected infringement, please contact us via our contacts form. 

Applicable Law

Perfection Fresh operates the Sites from Sydney, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions. 

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Sydney, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by Perfection Fresh. Perfection Fresh may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Perfection Fresh, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Last updated: November 2, 2011