Terms & Conditions
The term “Back2Earth Health Foods” or “us” or “we” refers to the owner of the Site, Back2Earth Health Foods. The term “you” refers to the user or viewer of our Site or any of the Services.
Your continued use of our Site and Services following Back2Earth Health Foods’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.
Using Back2Earth Health Foods
Age: Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Your Warranties About Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions.
You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.
Password: Back2Earth Health Foods may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this Site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.
You agree to immediately notify Back2Earth Health Foods of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that Back2Earth Health Foods cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Termination of Service: Back2Earth Health Foods reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, Back2Earth Health Foods may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. Back2Earth Health Foods will not be liable to any Buyer: (i) if Back2Earth Health Foods does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if Back2Earth Health Foods cancels from a transaction.
License & Site Access
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by Back2Earth Health Foods.
You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.
You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Back2Earth Health Foods all of the license rights granted herein; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under Australia or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.
Links to Third Party Sites
Back2Earth Health Foods, the Tree logo, and other Back 2 Earth Health Foods graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Back2Earth Health Foods, Co. in the Australia and/or other countries. Back2Earth Health Foods’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit Back2Earth Health Foods.
Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Back2Earth Health Foods or its content suppliers and is protected by Australia and international copyright laws. The compilation of all content on the Site is the exclusive property of Back2Earth Health Foods and protected by Australia and international copyright laws.
Reviews & Comments
Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.
In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.
Please see Returns
If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, Back2Earth Health Foods has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, Back2Earth Health Foods will issue an immediate and full refund for the transaction amount to the credit card charged.
Disclaimer, No Warranty and Limitation of Liability
The Site, the Services and the products purchased by you are provided on an “as is” basis. Back2Earth Health Foods makes no other representations or warranties of any kind, express, implied or statutory. Back2Earth Health Foods, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Back2Earth Health Foods shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, BACK2EARTH HEALTH FOODS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED FROM SELLERS THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through our Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.
Limitation of Liability
BACK2EARTH HEALTH FOODS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BACK2EARTH HEALTH FOODS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO BACK2EARTH HEALTH FOODS FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any content on the Site may give rise to copyright infringement, please provide Back2Earth Health Foods with the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send notices to firstname.lastname@example.org
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Resolution of Disputes and Release
In the event a dispute arises between you and Back2Earth Health Foods, please contact us at email@example.com.
Should you have a dispute with one or more users, a Seller, or an outside party, you release Back2Earth Health Foods (and Back2Earth Health Foods’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Back2Earth Health Foods, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
All notices to users (including Sellers and Buyers) will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in Back2Earth Health Foods records for the user, which the Sellers can update using their Seller Admin pages and Buyers can update by logging into their account and editing their information. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
If you have any question, you can contact Back2Earth Health Foods at firstname.lastname@example.org