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1.1 Welcome to www.theseedcycle.com.au (‘Website‘). The Website provides general information about seed cycling, tips and information on the use of seed cycling and seed cycling recipes.
1.2. The Website is operated by The Seed Cycle. Access to and use of the Website, or any of its associated Products or Services, is provided by The Seed Cycle. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. The Seed Cycle reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Seed Cycle updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Seed Cycle in the user interface.
3.1. The Website, the content and all of the related products of The Seed Cycle are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by The Seed Cycle or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Seed Cycle, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
The Seed Cycle does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by The Seed Cycle.
3.3. The Seed Cycle retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
3.4. You may not, without the prior written permission of The Seed Cycle and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
The Seed Cycle will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Seed Cycle make any express or implied representation or warranty about the content or any
6.1. The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
7.1. The Seed Cycle’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
7.2. You expressly understand and agree that The Seed Cycle, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3. You acknowledge and agree that The Seed Cycle holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
8.1. If you want to terminate the Terms, you may do so by providing The Seed Cycle with 7 days’ notice of your intention to terminate by sending notice of
8.2. The Seed Cycle may at any time, terminate the Terms with you if:
8.3. Subject to local applicable laws, The Seed Cycle reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Seed Cycle’s name or reputation or violates the rights of those of another party.
8.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Seed Cycle have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9.1. You agree to indemnify The Seed Cycle, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 14 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by The Seed Cycle is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australian Capital Territory, Australia.
The Terms are governed by the laws of Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
30 May 2021
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