Term & Conditions - Sunshine Organics

 

           

custom imageTERMS AND CONDITIONS OF USE

You are advised to read the following Terms and Conditions of Use. These Terms and Conditions have been developed for your protection and the protection of Sunshine Organics. Your use of the site constitutes your agreement to the following terms and conditions. The following terms of use apply to all site users. All terms and conditions of use are subject to change at the discretion of Sunshine Organics. 

1. USE OF CONTENT


Sunshine Organics authorizes you to personally view the material contained on the site and to download a single copy of such material for your personal, non-commercial use, provided that any downloaded copy includes the copyright notice, "Copyright 2009, Sunshine Organics. All rights reserved." and with any other copyright or proprietary rights notices that appear in the material copied. Consumers may not use site nor provide outside links to the site, for any personal or commercial purpose, including but not limited to, sale or trade of particular items or services. 

The materials contained on the Sunshine Organics site are protected by the copyright laws of Australia and other countries. Ownership of the content belongs to Sunshine Organics, and to content providers to this site. Any use of the content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may be a violation of copyright, trademark and other laws. All rights not expressly granted in these Terms and Conditions of Use are specifically reserved to Sunshine Organics. 

If you violate these Terms and Conditions of Use, your authorization to use the Sunshine Organics site is automatically revoked and you must destroy any copies of the content that you have made. 

2. SHOPPING FEATURES


Consumers taking advantage of special features such as Shop On-Line and coupon offerings do so at their own risk and shall hold Sunshine Organics, harmless from any and all liability including, but not limited to, any health claims regarding products posted on retailer sites as well as pick, pack, payment, and delivery functions. 

Consumers agree to pay for goods and services purchased via the internet with and recognize that purchasing goods and services on line holds the same validity as if purchased in person from a bricks and mortar store. 

While Sunshine Organics provides state of the art security encryption devices, customer's email may not be fully secured against interception. Customer agrees to hold Sunshine Organics harmless from any and all liability for any reason whatsoever, including monetary and health issues, that may arise regarding any transaction that occurs between Sunshine Organics and customer. Both Sunshine Organics and customer agree to hold Sunshine Organics harmless from any and all liability for any reason whatsoever, including monetary and health issues that may arise regarding any transactions that occur between Sunshine Organics and customer. 

Further, Sunshine Organics may provide guarantees and warranties regarding reimbursement for goods and services, as well as pick, pack, and delivery functions whether shopping on-line. Please see our store policies posted on the ordering section of the site. 

Sunshine Organics collects financial information (like your account or credit card numbers where applicable) so you can order products from its store via their shop on-line service. Your billing information is only used by Sunshine Organics or it's other business partners to bill you for products and services they sell. It is privileged, confidential, encrypted, and held on a secure server, and will not be given to a third party except as required by law. 

3. PRIVACY POLICY


Sunshine Organics, on behalf of itself, has created this privacy statement for it's natural product customers in order to demonstrate our collective firm commitment to your privacy. The following discloses the information gathering and dissemination practices for this Web site. 

Sunshine Organics respect and value your privacy. Although we will collect personal information from you, with your permission, only your name, your e-mail address, and your mailing address will be provided to Sunshine Organics. No other personal information collected during your use of this site will be shared. Sunshine Organics will not, without permission, sell, disclose or provide ANY information, including your name, address, email address or other personal information to any third party, unless required to do so by law. 

Personal information collected from you is submitted with your knowledge and consent. Sunshine Organics will only use that information to provide a more customized service to you. 

Should you choose to take advantage of the posted shop-on-line features of this Web Site, further information such as your credit card data for method of payment of goods and services may be necessary. Sunshine Organics provide state of the art security and encryption devices to protect your payment information. 

Sunshine Organics, as site service provider, its employees, directors, and investors are to be held harmless from any and all liability regarding any misuse of your credit card information provided for fulfilment from the shop on-line feature. 

4.0 SECURITY
Sunshine Organics work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Sunshine Organics employees who handle customer data do not have access to your credit card details as this information is immediately encrypted after you execute the continue link at the bottom of the payment details section. In order to shop online, Sunshine Organics collects your name, address information, and credit card information, so that it can fulfil your order, as well as your contact information (e-mail and telephone) in case Sunshine Organics needs to communicate with you regarding your order. 

We reveal only the last four digits of your credit card number when confirming an order. Of course, we transmit the entire encrypted credit card number to the appropriate credit card company during order processing. To complete credit card transactions, Sunshine Organics provides the following member information (name, billing address, credit card number, expiration date, and transaction amount) to the credit card processing company we use via secure communications pathways. In addition, as part of the fulfilment process, Sunshine Organics may share shipping information with intermediary shipping companies. 

Sunshine Organics have adopted these policies and procedures because (1) we cannot control the privacy practices and policies of other sites and (2) we want to protect your security and privacy during your visit to us. 

5. SITE INFORMATION

 

5.1 CHOICE/OPT-OUT


This site provides you the opportunity upon registration to opt-out to receiving communications from Sunshine Organics or its content providers, its customers and advertisers. 

This site also gives you the following methods to discontinue receiving future communications. You may utilize any of these options to indicate that you no longer wish to receive contact from Sunshine Organics. 

Visit www.sunshineorganics.com.au  and proceed to the My Account Section 

5.2 CONTACT US


If you have any questions about the privacy statement, the practices of this site, or your dealings with this Web site, you can contact Sunshine Organics. 

To change or modify information you previously provided you can email us (see step 1 below).

1.          E-mail hello@sunshineorganics.com.au

2.         Visit www.sunshineorganics.com.au

3.         Send mail to the following postal address:

Sunshine Organics

43 Trafalgar Court, Doonan Qld 4562

4.         Telephone: 0497794391

5.3 CHILDREN'S GUIDELINES

 

  1. This site does not solicit use by, or target as a user group, children under the age of 18 years. We do not collect information from any person we actually know is under the age of 18, that would make that child personally identifiable. 

    This site does not knowingly sell any products or services to children under the age of 18 years, nor does it specifically target any information towards children. We advise that if a parent feels that anything about this site is inappropriate for their child, they monitor the child's use of this site as they would all other Internet usage. Sunshine Organics always welcome your input and comments. Please feel free to contact us. (See the Contact Us section above for details). 

5.4 COOKIES


Cookies are small bits of electronic information that allow a Web site to keep records of your site visits and personalize or customize the Web experience for you. This site does not use "cookies" to report on or track you when you leave this site. 

We do use cookies to help diagnose problems with our server, to administer our Web site, to help identify visitors and to gather broad demographic information. We also use cookies to deliver content specific to your interests and to save passwords so you do not have to re-enter them each time you visit this site. 

Our site registration form requires you to provide contact information (like your name and email address). Sunshine Organics uses the contact information from the registration form to send you information about the company and promotional material from content providers and advertisers provided that you have given us permission to do so. 

We collect financial information (like your account or credit card numbers where applicable) so you can order products from Sunshine Organics. Your billing information is used by Sunshine Organics or other business partners to bill you for products and services they sell. It is privileged and confidential and will not be given to a third party except as required by law. 

5.5 LINKS


Outside links to other health information sites are provided in limited circumstances where it is necessary to provide a balance of information and are for your information and perusal only. Sunshine Organics are not responsible for and neither endorse nor support any products or services that you may find on these outside sites. Any data presented on these sites should be used at customer's discretion only. Sunshine Organics are not responsible for any results that may or may not occur regarding your use of any information, goods, or services posted on these sites. Sunshine Organics cannot guarantee nor provide security surrounding your personal and confidential information while you are visiting these outside sites. In addition, some internal links may be required to support the functionality of Sunshine Organics, as site host and are not accessible by the community at large. 

5.6 ORDER FORMS


This site uses an order form so that you can request information regarding, products, and services. On this form, we collect your contact information (like your email address). Contact information from the order form is used to send you goods and services ordered, where applicable or as requested, and may be used to send you information about our company or promotional material from our content providers, advertisers, and other parties. 

5.7 BUSINESS RELATIONSHIPS


Consumers may choose to Opt-in and give information to Sunshine Organics. However, you, the consumer, may at any time change, update or deny access to your personal information through Your Account. In that case, Sunshine Organics access to your information or the ability for Sunshine Organics to send you outbound email messages will cease. 

6. ADVERTISING STANDARDS


Sunshine Organics shares the values of the natural health industry including individual respect, co-operation, harmony, environmental awareness, and support of sustainable agriculture. All advertising submitted to Sunshine Organics must conform to ethical standards regarding, but not limited to the following:

  • - Absolutely no material is permitted that is offensive in any way regarding race, religion, culture or gender.
  • - Absolutely no sexually explicit material or material involving human or animal cruelty is allowed.

We are committed to maintaining the highest standards for advertising however, we are not responsible for our advertisers, their products or services. 

6.1 ADVERTISING CLAIMS


All advertiser claims regarding ingredients, potency, formulation and product testing must be verifiable. The advertiser must be able to substantiate and authenticate these claims to Sunshine Organics and to site users upon request. 

All advertiser claims regarding how products are grown, tested or manufactured must be in accordance with principles and standards established by the appropriate governmental and regulatory agencies and organizations. 

Sunshine Organics make no warranty or guarantee for the accuracy of labelling, content, or quality of any products or services advertised on a partners site. 

Sunshine Organics will accept advertising for food and food products that are labelled whole, natural, or organic. (We will also accept advertising for foods not in these categories). 

All claims for food or other products that are labelled using the terms whole, natural or organic must not only conform to definitions set forth below, but must also meet all legal guidelines and requirements regarding the making of such representations. The provider must be able to substantiate and authenticate these and all other product claims to Sunshine Organics and to site users upon request. In these instances, the definitions in the following sections will apply. 

6.2. DEFINITIONS


Whole Foods: 
Food in its natural state is referred to as whole food. These foods are complex sources as found in nature with all or most of their nutritional components left intact. These foods undergo minimal processing in order to retain these nutritional components. Whole foods are not adulterated or modified with flavour enhancers or artificial colours. 

Natural Foods: 
A product labelled or advertised as "natural" should contain, primarily all natural ingredients. The presence of a synthetic chemical in the formulation would technically raise a regulatory issue. Foods designated as natural contain no artificial preservatives, sweeteners, colours, flavours, synthetic pesticides, fungicides, drug residues or growth hormones. These foods are not irradiated and neither ripening agents nor fumigants are used. Additionally, these foods are not bleached or bromated. They are processed, packaged, transported and stored to retain maximum nutritional value and be environmentally friendly. 

Organic Foods: 
According to Organic Trade Association (OTA), certified organic foods are grown and processed in compliance with stringent industry standards. 

  • - Certified organic farms build healthy soil without the use of toxic and persistent pesticides and fertilizers.
  • - Certified processors/packers protect the organic integrity that begins on the farm.
  • - Organic packaged products have not been irradiated, made with genetically modified seeds or growth hormones, or produced with artificial flavors or colors.
  • - Genetically engineered organisms and their derivatives and products are prohibited for foods labelled as "organic" and "made with organic ingredients."


All methods and materials used on certified organic farms and processing facilities are inspected annually by a third-party certification organization. 

6.3 MORE INFORMATION


For further questions or information on advertising standards please email us at: hello@sunshineorganics.com.au

6.4 PRODUCT SAFETY AND QUALITY PRODUCTS FOR WHICH ADVERTISING IS ACCEPTED MUST BE SAFE WHEN USED ACCORDING TO INSTRUCTIONS. IF PRODUCT(S) ARE NOT INTENDED FOR USE BY CHILDREN, THE ADVERTISING SHOULD NOT ENCOURAGE OR IMPLY CHILD-USAGE.


Sunshine Organics have no means of independently evaluating the safety or functionality of the products offered by its suppliers and affiliates and thus can neither endorse nor recommend products. Sunshine Organics make every effort to receive a certification from its suppliers that (i) the product complies with all local, state, and federal regulatory requirements; (ii) every claim made on behalf of the product is adequately substantiated and information is readily available regarding such claims, and (iii) all adverse safety information is disclosed on product labelling. 

Sunshine Organics require that all of our product providers can substantiate their claims of safety, wholeness, goodness and purity of product. However, we do not guarantee, warranty those claims, or any product or service advertised or discussed on our site. 

7. CONTENT SUBMITTAL POLICY


Sunshine Organics reserves sole discretion to accept, edit or reject any and all materials submitted to us from consumers directly or on behalf of a customer. Sunshine Organics will not be responsible for the return of these items. Sunshine Organics will not be liable for any payment for any submissions without prior written agreement. 

8. ETIQUETTE


You agree, by your use of this site, to adhere to our standards of proper Net-etiquette. This includes, but is not limited to the standards listed below. Sunshine Organics prohibit the following action in our public areas and reserves the right to remove any postings that violate them. 

  • DO NOT use any explicit, vulgar, or obscene language.
  • DO NOT use any racially, ethnically, or socially offensive language.
  • DO NOT encourage, incite, or plot any illegal activity.
  • DO NOT verbally attack, harass, or otherwise annoy any other members.
  • DO NOT post or request personal information from anyone under 18.
  • DO NOT misrepresent yourself as part of the Sunshine Organics staff, or another organization to which you ARE NOT A MEMBER.
  • DO NOT post or link to sexually explicit or otherwise offensive material when participating in forums and chats and please stay on the topic.
  • IF YOU post messages on a public site area, you may be identifying yourself, and your personal information may be available to others without your permission.

 

11. DISPUTE RESOLUTION


If a dispute arises out of or relates to these Terms of Use, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation. Before resorting to arbitration, litigation, or some other dispute resolution procedure. 

Notwithstanding the arbitration provision above, Sunshine Organics may avail themselves of the full range of remedies available to them, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys' fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party. 

12. GOVERNING LAW/JURISDICTION


By use of this site, you agree that exclusive venue for resolution of any disputes between you and Sunshine Organics, shall be in the state wherein Sunshine Organics is located. Your use of this site and all relations between you and Sunshine Organics shall be governed by the laws of the State of QLD except where specifically pre-empted by federal law. 

In addition, the service provider, Sunshine Organics.com is owned by PJ Kennedy & JK Zaunbrecher , with offices located at 43 Trafalgar Court, Doonan Qld . The phone number is 0497794391. By use of this site, you agree that exclusive venue for resolution of any disputes between you and Sunshine Organics Your use of this site and all relations between you and Sunshine Organics shall be governed by the laws of the State of Queensland except where specifically pre-empted by federal law. 

13. COMPLETE AGREEMENT


Except as expressly set forth within any separate notice contained in the Sunshine Organics site or any other written agreement between you, Sunshine Organics, these Terms and Conditions of Use constitute the entire agreement between you, Sunshine Organics regarding the use of the Sunshine Organics site and content. These Terms and Conditions of Use may be modified by Sunshine Organics at any time, with or without advance notice. By your continued use of the Sunshine Organics site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of Sunshine Organics. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. 

If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect. 

Revised December 2019