Terms of service

Terms of Use

This website is owned and operated by Winslow Health Foods Pty Limited (ABN 23 657 020 418) through its wholly owned entity Dukes Weight Loss Pty Ltd (ABN 23 657 020 418) and here referred to as Winslow Health Foods.

Use of this website is subject to these Terms of Use.

Winslow Health Foods is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: Winslow Health Foods reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

Disclaimer Of Liability

General Disclaimer

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. We may choose to not fulfill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

We are not liable to you or anyone else for any Loss in connection with use of this website or a linked website.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up to date.

Under no circumstances (including but not limited to any act or omission on the part of Winslow Health Foods) will Winslow Health Foods be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

All Goods purchased from Winslow Health Foods are intended for personal non-commercial use only.

From time to time, Winslow Health Foods restricts the quantity of Goods which can be purchased in one Order or Transaction, or by a person, household or address during a particular time, Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by Winslow Health Foods.

Winslow Health Foods may reject or cancel any order(s) it deems to be in violation of its product quantity restrictions in its total discretion.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by Winslow Health Foods and Winslow Health Foods may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Copyright

This website is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not:

adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website without our written permission.

Trademarks

These trademarks and other Winslow Health Foods products and services referred to in this website are trademarks of Winslow Health Foods.

Other product and company names mentioned in this website may be the trademarks of other people or entities.

Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of Winslow Health Foods or third party owner.

Linked Websites

This website may contain links to other websites. Those links are provided for your convenience only.

Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the linked websites are not under the control of Winslow Health Foods and Winslow Health Foods is not responsible for the contents of any linked website. You link to any such website at your own risk.

Cookies

Winslow Health Foods uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the checkout page and you have ordered that product.

Upon closing your browser, the session cookie set by this website is destroyed and no personal information is maintained which might identify you should you visit our website at a later date.

Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable Winslow Health Foods to recognise each time your browser visits the Winslow Health Foods website it downloads a cookie onto your hard drive.

Using the cookie Winslow Health Foods can:

(a) recognise your browser each time it visits our site; and

(b) track which pages you visit while at our site.

As with all your personal information Winslow Health Foods will not provide this to third parties without your consent, except where:

(a) such disclosure is permitted under the Privacy Act 1988;

(b) Winslow Health Foods is required by law to disclose information to third parties; or

(c) Winslow Health Foods has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

Other Ways We Track Site Activity

Another way we track site activity is by using transparent electronic images called "clear GIFs," "Web bugs," or "Web beacons"

Upon purchasing an item online, you will receive servicing emails confirming details of your order, including a request to write a review.

You can unsubscribe from product review emails by clicking on the link in the Review Email. This will unsubscribe you from the Product Review Requests only and is not related to the Winslow Health Foods marketing email database.

General

In this website:

"Winslow Health Foods" means Winslow Health Foods Limited ABN 23 657 020 418 and its subsidiaries unless otherwise specified.

"Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.

"linked websites" means websites of persons or entities other than Winslow Health Foods which are hyperlinked from this website.

"personal information" means any information from which your identity is apparent or can be reasonably be ascertained.

"website" means the whole or any part of the web pages located at www.dukesweightloss.com.au, www.marmadukes.com.au and www.winslowhealthfoods.com.au (including the lay-out of this websites, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of the websites.)

"We" and "us" refer to Winslow Health Foods and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from Winslow Health Foods right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Winslow Health Foods with respect to that use.

Content Moderation Policy

Dukes Weight Loss Pty Ltd (the Company) operates a content moderation policy. To ensure your reviews are published, you should comply with the following guidelines when submitting a review:

To make your opinion useful to others, make sure you have used the product before submitting your review.
Do not post quotes, links or text that you have not written or are otherwise not original. This will result in content not been published.
Please do not post statements pertaining to delivery, availability, careers or customer service. Please contact us directly if you have specific feedback or queries regarding these matters. Our review service is for feedback on product only. This will result in content not been published.
Please do not use profanities, racist or sexual slurs, prejudiced, libellous or unlawful comments, or terms of abuse. Reviews containing the smallest amount of unacceptable content will result in content not been published.
Please do not include names, telephone numbers, email address etc in your review, or any data and marketing communications about another product or service. This will result in content not been published.
Please make sure your feedback is constructive and relevant. If not, we may not publish your feedback, and we may contact you to discuss and understand your feedback.
Content submitted the Company employees will always be clearly specified.

Content Terms of Use

These Terms of Use govern your conduct and use associated with the review service offered by us on our website.

By submitting any content as part of the review service (Content) you accept, and agree to abide by, all the terms and conditions in this document and represent and warrant that:

You are the sole author and owner of the intellectual property rights contained in your comments; all Content that you post is relevant and accurate (where it states facts) and genuinely held (where it states opinion);
You understand you are participating in a public forum and that your Content may be available to others;
Use of the Content you supply does not violate these Terms of Use and will not cause any damage, loss or injury to anyone;
You are at least 18 years old;
You will not submit any Content:

that you know is false, inaccurate or misleading
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
that is, or may reasonably be considered to be, obscene, defamatory, libellous, hateful, racially or religiously biased, offensive, unlawfully threatening or unlawfully harassing to anyone
for which you were compensated or granted any consideration by any third party; is likely to harass, upset, embarrass, alarm or annoy any other person
that impersonates any person, or misrepresents your identity or affiliation with any person
that includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual
that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold The Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, costs and damages of every kind and nature, known and unknown including legal fees, arising out of a breach of these Terms of Use, a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

All Content that you submit is not confidential and may be used by or on our behalf, in any manner, form, medium or technology, at our sole discretion. We may or may not pre-screen Content. However, we will have the right (but not the obligation) in our sole discretion to pre-screen, change, condense or delete any content on our website (including, without limitation, the Content) that we deem, in our sole discretion, to violate our content guidelines or any other provision of these Terms of Use, or is otherwise objectionable.

The Company will try to publish as many Content submissions as possible, but it does not guarantee that all Content submissions will be published. We do not guarantee that you will be able through our website to edit or delete any Content you have submitted. Written comments (based on your Content) are generally posted within seven business days, but this is only an estimate, and we cannot guarantee how quickly Content will be posted. However, The Company reserves the right to edit, remove or to refuse to post any submission of the Content (in whole or part) for any reason. The Company will remove at its absolute discretion, any Content that is unrelated to the product being reviewed, and any material that we deem as commercial, advertising, solicitation or spam, including the posting of the same or similar message more than once.

You acknowledge that you, not us, are solely responsible for the contents of the submitted Content (whether edited by us or not).

We may revise these Terms of Use at any time. You are expected to check this page from time to time to take notice of any changes made, as they are legally binding on you.

Any Content submitted to us as part of the review Service may be used and published by us on our website.

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Terms of service