Terms and Conditions
Welcome to the Vitalfew corporate website (the “Site”). By accessing or using this Site, you agree to comply with and be bound by these Terms and Conditions of Use (these “Terms”). These Terms form a legal agreement between you and Vitalfew Pty Ltd (ABN 94 605 719 499) (referred to as “Vitalfew,” “we,” “us,” or “our”). The term “you” or “your” refers to any person or entity accessing the Site. By using the Site, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please do not use the Site. These Terms, together with our Privacy Policy, constitute the entire agreement governing your use of the Site. You represent and warrant that you are at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity and authority to enter into these Terms. If you are using the Site on behalf of a company or other organization, you also represent that you are authorized to bind that entity to these Terms, and you agree that you are individually bound by these Terms even if your organization has a separate agreement with us.
Some features or services on our Site may require you to register an account. When creating an account, you agree to provide truthful, current, and complete information about yourself or your organization, as prompted by the registration form. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security. Vitalfew is not liable for any loss or damage arising from someone else using your account without your permission, with or without your knowledge. We may require you to provide information to verify your identity if we suspect unauthorized use of your account. We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or engaged in fraudulent or unlawful behavior. You are responsible for all usage and charges incurred under your account. You agree to keep your account information updated and accurate at all times.
Vitalfew may offer strategy consulting, advisory services, or other products and services for purchase or registration through the Site. When you register for a service or place an order through the Site, you agree to provide accurate and complete information for all required details (such as your name, contact information, payment information, etc.). All orders or service requests submitted via the Site are subject to our acceptance. We reserve the right to accept or reject any order or registration request at our sole discretion, including in cases of inaccuracies or errors in service descriptions or pricing, or if we suspect fraudulent or improper activity.
- Fees and Payment If any fees apply to the services or products you purchase, you agree to pay all applicable charges, including any taxes or transaction fees. Payments must be made in the currency specified (unless otherwise stated, Australian Dollars) and via the approved payment methods provided on the Site. You represent that you are authorized to use the payment method you provide. If your payment cannot be processed or is refused, we may cancel your order.
- Confirmations and Additional Terms A service order or registration is only confirmed once you receive a confirmation message (such as an email) from us. In some cases, use of certain Vitalfew services may be subject to additional terms and conditions (for example, a separate client engagement agreement or specific terms of service). Any such additional terms will be provided to you and will apply in addition to these general Terms. In the event of a direct conflict between these Terms and any specific service terms, the specific terms for that service will prevail to the extent of the inconsistency.
- Cancellations and Refunds If you wish to cancel a service you have registered or purchased, please refer to any cancellation or refund policy provided for that service. Unless otherwise stated, all purchases are final and non-refundable except as required by law or as set out in any applicable service-specific terms. We reserve the right to cancel any confirmed service or order if we are unable to fulfill it for any reason; in such cases, we will provide you with a refund of any amounts paid, if applicable, and no further liability will be incurred.
When processing special categories of personal data (sensitive data) or if required by applicable law, we will ensure we have additional legal grounds as needed.
By using our Site, you agree to use it only for lawful purposes and in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not:
- Violate Laws or Rights Use the Site for any purpose that is unlawful, illegal, or prohibited by these Terms. You agree not to violate any applicable local, national, or international laws or regulations in connection with your use of the Site. You also agree not to infringe or misappropriate the intellectual property rights or other rights of Vitalfew or any third party.
- Interfere with the Site Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. This includes not introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to any part of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site (e.g., via hacking, password mining, or other illicit means).
- Misuse Services or Content Use any manual or automated means (such as scraping, crawling, or data-mining) to extract or harvest data from the Site without our prior written permission. You also agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity, in connection with your use of the Site. Any attempt to misuse the Site by submitting false or fraudulent information or content is strictly prohibited.
- Offensive or Illegal Content Post or transmit any material through the Site that is defamatory, harassing, threatening, abusive, obscene, vulgar, sexually explicit, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense or give rise to civil liability. (Please note that our Site is primarily informational and may not allow user postings; however, to the extent you can provide information to us—such as through a contact form or email—you must ensure it is lawful and appropriate.)
We reserve the right to monitor use of the Site and to take appropriate action (including suspension or termination of access, and contacting law enforcement if necessary) if we suspect any misuse or violation of these acceptable use standards.
All content and materials on the Site, including (but not limited to) text, graphics, logos, icons, images, audio clips, video, software, and code, as well as the design, selection, and arrangement thereof (collectively, “Content”), are the property of Vitalfew or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. This includes the “Vitalfew” name and logo, and all related product and service names, logos, slogans, and designs, which are trademarks or registered trademarks of Vitalfew or its affiliates. All such rights are reserved.
- Permitted Use: Vitalfew grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its Content for your personal or internal business use, solely for the purpose of learning about or using Vitalfew’s services. You may display or print copies of content from the Site for your own personal or internal business purposes, provided that you do not remove any copyright, trademark, or other proprietary notices. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- Prohibited Uses of Content Except as expressly permitted above, you must not copy, reproduce, modify, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Site or its Content without Vitalfew’s prior written consent. You also may not use any of Vitalfew’s trademarks, logos, or other proprietary graphics without our prior written permission. Unauthorised use of the Site’s Content, including for commercial exploitation, is strictly prohibited. If you wish to use any Content beyond what is allowed by these Terms or by statutory exceptions under applicable law, you must obtain our prior written permission. All rights not expressly granted to you in these Terms are reserved by Vitalfew and its licensors. If you print, copy, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- To Communicate with You We may use your contact information to respond to inquiries you send us, inform you about updates or important information related to the services you use, and notify you about changes to our terms or policies. If you have opted in to receive marketing communications, we will send you newsletters or promotions about our products and services; you can opt out of these at any time.
- For Security and Fraud Prevention We process personal data as necessary to maintain the security of our website, systems, and users. This includes using data to prevent fraud, resolve technical issues, and detect or investigate wrongdoing in connection with our services.
- To Comply with Legal Requirements We may process your data to fulfill obligations under applicable laws, regulations, court orders, or governmental requests (for example, keeping transaction records for financial regulations or responding to lawful requests by public authorities).
Your use of our Site is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Site or providing us with personal information (for example, by filling out the contact form or registering an account), you consent to the collection and use of information as outlined in the Privacy Policy. We encourage you to read our Privacy Policy carefully to understand our practices.
In using the Site, you may need to provide personal data (such as contact details or payment information for service inquiries or purchases). You agree that we can handle this data in accordance with our Privacy Policy and applicable privacy laws. Vitalfew is committed to protecting your privacy and complying with Australian privacy legislation and other relevant data protection laws. If you have any questions about our Privacy Policy or data practices, please contact us using the details provided at the end of these Terms.
Our Site may contain links to websites operated by third parties or integrate services provided by third parties (for example, social media widgets or payment processing gateways). These links and integrations are provided for your convenience only. Vitalfew has no control over the content or resources of those third-party sites, and your use of third-party websites or services is at your own risk. The inclusion of any third-party link on our Site does not imply any endorsement, approval, or recommendation by us of the linked website, its content, or its products/services. When you follow a link to an external site, you will be subject to the terms and conditions of use and privacy policy of that site, which may differ from ours. We accept no responsibility or liability for third-party websites or services, including (without limitation) any loss or damage that may arise from your use of them. We advise you to review the terms and policies of any third-party site you visit.
- General Information Purposes The content and information on our Site are provided for general informational purposes only. While we strive to keep the information up-to-date and accurate, we do not warrant or guarantee that the content on the Site is correct, complete, reliable, or current. The material on the Site (including any blog posts, whitepapers, case studies, or testimonials) does not constitute professional advice (legal, financial, or otherwise) specific to your circumstances, and should not be relied upon as such. You should seek independent professional advice before making decisions based on information obtained from our Site. Any reliance you place on information from the Site is strictly at your own risk.
- Service Descriptions We attempt to describe our services on the Site as accurately as possible. However, the Site may contain information that is based on current plans or offerings which could change. Vitalfew does not warrant that any service descriptions or content on the Site are free from errors or omissions. All content is provided “as is” and “as available” without any warranty of any kind, either express or implied. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Availability We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access to the Site may be suspended, restricted, or discontinued at any time without notice (for example, for maintenance or due to technical issues). We also do not warrant that the Site will be secure, or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access the Site and should use your own anti-virus software.
- No Warranty for Third-Party Content Any content or services provided by third parties (including information in third-party links or integrations) are solely the responsibility of those third parties. We make no representations or warranties concerning any third-party content or services, and we will not be liable for any loss or damage that may arise from your reliance on them.
International Use: Vitalfew makes no representation that the content or services on this Site are appropriate or available for use in locations outside of Australia. If you choose to access the Site from outside Australia, you do so on your own initiative and are responsible for compliance with any local laws. We do not warrant that the Site or its content complies with the laws of any country outside of Australia.
To the fullest extent permitted by applicable law, in no event will Vitalfew or its officers, directors, employees, agents, or affiliates be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever arising out of or in connection with your access to or use of (or inability to use) the Site or any Content or services on the Site. This includes, without limitation, any liability for: loss of profits, loss of revenue, loss of business or anticipated savings, loss of contracts or business opportunities, loss of goodwill or reputation, loss of data, or any other intangible losses; or for the cost of procurement of substitute goods or services; or for any other similar damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise. All such liability is expressly disclaimed.
Vitalfew’s total cumulative liability for any direct damages arising out of or related to these Terms or your use of the Site shall be limited, to the extent permitted by law, to the amount (if any) that you paid to Vitalfew for the specific service or product to which the claim relates, or AUD $100 if no purchase was made, whichever is greater.
Non-Excludable Rights: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other applicable laws that cannot be excluded by agreement (Non-Excludable Rights). If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under consumer protection laws and cannot be excluded (a “Non-Excludable Provision”), and Vitalfew is able to limit your remedy for a breach of such Non-Excludable Provision, then the liability of Vitalfew for breach of the Non-Excludable Provision is limited to one or more of the following at our option: (a) in the case of services, the re-supply of the services or the payment of the cost of re-supplying the services; or (b) in the case of goods (if any are supplied), the replacement of the goods or supply of equivalent goods, or the repair of the goods, or payment of the cost of replacing or repairing the goods.
Except for any liability that cannot be excluded by law (such as the Non-Excludable Rights described above), Vitalfew and its affiliates will not be liable for any loss or damage of any kind arising out of or in connection with the use of or inability to use the Site, the content, or any services or products obtained through the Site, even if advised of the possibility of such damages. You acknowledge that your use of the Site is at your own risk.
You agree to indemnify, defend, and hold harmless Vitalfew and its subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Site or any services obtained through the Site; (b) your violation of any provision of these Terms; or (c) your violation of any law or the rights of any third party. This indemnification obligation includes, for example, situations where a third party makes a claim against us due to your misuse of the Site, your breach of these Terms, or content you have submitted that violates someone’s rights. You agree to promptly cooperate with us in the defense of any such claim and notify us immediately if you become aware of any actual or threatened claim or legal proceeding against you relating to your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case, you agree to cooperate with our defense of that claim). This indemnity survives termination of these Terms and your use of the Site.
Vitalfew reserves the right to suspend or terminate your access to all or part of the Site (including any accounts you may have) at any time, with or without cause and with or without notice, effective immediately. We may do so for any reason, including but not limited to your actual or suspected violation of these Terms, your fraudulent or unlawful behavior, unexpected technical or security issues, or discontinuation of the Site or specific services. You acknowledge that we shall not be liable to you or any third party for any termination or suspension of your access to the Site. If your access is terminated, the restrictions imposed on you by these Terms (such as those relating to intellectual property, disclaimers, limitation of liability, and indemnification) will continue to apply. If you have an account, upon termination you may lose access to any information stored in relation to that account, and we have no obligation to maintain or forward that information to you. You may terminate your own account or cease using the Site at any time if you no longer agree to these Terms.
Vitalfew may revise or update these Terms from time to time in its sole discretion. We will post any changes on this page and indicate the “Last Updated” date at the top or bottom of the Terms, or we may notify you by other means (such as a notice on our homepage or via email if you have an account or subscription) if the changes are significant. Any changes to these Terms will be effective when posted, unless otherwise required by law. Your continued use of the Site after any revised Terms are posted constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Site. Vitalfew also reserves the right to modify or discontinue, temporarily or permanently, the Site or any features, content, or services provided through the Site, at any time without notice. We will not be liable if for any reason all or any part of the Site is unavailable or modified at any time. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check this page periodically for any updates to the Terms. We recommend that you review these Terms regularly to ensure you understand the conditions that apply to your use of the Site.
These Terms and your use of the Site are governed by the laws of Australia. In particular, to the extent not inconsistent with applicable law, these Terms will be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any conflict of law principles that might apply the laws of a different jurisdiction. You agree that any dispute or claim arising out of or in connection with the Site or these Terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia. This means that while you or Vitalfew may initiate legal proceedings in Victoria, we reserve the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or enforce these Terms. If you access the Site from a location outside Australia, you remain responsible for ensuring that your use complies with all local laws. Please note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Entire Agreement These Terms (together with our Privacy Policy and any additional terms applicable to specific services you engage in) constitute the entire agreement between you and Vitalfew regarding your use of this Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. You acknowledge that you have not relied on any representation, warranty, or statement made by us that is not expressly set out in these Terms.
- Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. In other words, the invalid part will be severed and the rest of the agreement remains valid.
- No Waiver Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Vitalfew.
- Assignment You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
- Force Majeure Vitalfew will not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events beyond our reasonable control, such as acts of God, war, acts of terrorism, riots, embargoes, strikes, fires, telecommunication or Internet failures, or other disasters or events of force majeure. In such events, we will use reasonable efforts to resume service as soon as practicable.
- No Partnership Your use of the Site and any provision of services by Vitalfew to you do not create any joint venture, partnership, employment, or agency relationship between you and Vitalfew. You and Vitalfew are independent contracting parties.
If you have any questions, concerns, or feedback regarding these Terms or the Site, or if you need to contact us for any reason, please reach out to us using the following contact details:
- Email: info@vitalfew.com.au
- Website Contact Form: Visit our Contact Us page for more options.
We value your questions and feedback. We will endeavor to respond to inquiries promptly and address any issues you may have.