1. Overview

We, Prized Life Pty Ltd (ACN 639 580 288), are an online directory that allows consumers to search for ethical and sustainable merchants, retailers and brands (Merchants).

The website located at www.prizedlife.com (the Site) is owned and operated by us. Please read these terms (Terms) carefully as they govern your access to and use of the Site.

These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.

2. Use of Site

2.1 Personal use only

You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.

Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.

You must not modify or copy the layout of the Site or any computer software and code contained in the Site.

2.2 Must not interfere with the Site

You must not:

(a) interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

(b) restrict, or attempt to restrict, another user from using or enjoying the Site; or

(c) encourage or facilitate violations of the Terms.

2.3 Risk and Merchant contracts

You acknowledge and agree that our role is limited to facilitating access to the Site, including making improvements to and taking feedback about the Site. We do not sell or provide products through the Site and are not a party to any contract between you and any Merchants who are displayed or promoted on the Site.

Your purchase of any products or services from a Merchant may be subject to the Merchant’s terms and policies, including refund policies. We are not responsible or liable for any party’s compliance with the product terms or policies and will not take any enforcement action on behalf of any party.

Your purchase of products from Merchants displayed or promoted on the Site is solely at your risk. We will not be liable to you or any third party for any loss arising from a product, or action of any Merchant through the Site.

3. Materials

We may present information and content, including articles, opinions, information and commentary on the Site (Materials).

The Materials are for your personal use only and may not, without our prior written consent, be:

(a) resold or redistributed in any material form;

(b) stored in any storage media; or

(c) retransmitted via any media.

4. Third Party Links

The Site contains links to other websites owned and operated by third parties, which are not under our control (Third Party Links).

Third Party Links are provided as a convenience to you and the existence of such links on the Site is not an endorsement of those Third Party Links.

We are not responsible for the content or material contained on any Third Party Link.

5. Intellectual property rights

We or our licensors reserve all intellectual property rights in the Site and the Materials.

All content appearing on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.

Nothing in our Terms constitutes a transfer of any intellectual property rights.

All the trademarks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.

6. Privacy

We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.

For more information on our information collection and handling practices, please view our Privacy Policy here.

7. Disclaimer

The Site, Materials, and Third Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third Party Links.

We do not endorse or support any Materials and reliance on any such information is at your own risk.

We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials or Third Party Links, at any time and without notice to you.

You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements.

We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.

8. Exclusions and limitation of liability

To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site.

To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:

(a) fraud or other unlawful acts;

(b) gross negligence; or

(c) liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

9. Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, your breach of the Terms or your breach of any rights of third parties.

We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

10. Contact us

If you wish to contact us or make a complaint, please contact us at hello@prizedlife.com.

11. Variation to the Terms

We may vary, amend or otherwise modify the Terms at any time.

We will publish the new terms on the Site, at which time they will be effective.

Your continued use of the Site following posting of the new terms constitutes your acceptance of the new terms.

12. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

13. Jurisdiction

The Terms are governed by the laws in force in Western Australia, Australia.

You and we submit to the exclusive jurisdiction of the courts of Western Australia.

Last update of these Terms of Use: 20 March 2020