Part 1: Acceptance of the Terms of Use
These Terms of Use constitute an agreement between you and Alivio Plus Co (“Company,” “we,” or “us”). These terms, along with any documents they reference (collectively referred to as “Terms of Use”), outline the rules for accessing and using alivioplusol.com, including all content, functionality, and services available on or through the website (“Website”), whether you are a guest or a registered user.
Please take the time to review these Terms of Use carefully before engaging with the Website. By accessing or using the Website, you acknowledge and agree to comply with these Terms of Use and our Privacy Policy, available at https://www.alivioplus.com/privacy-policy, which is incorporated here by reference. If you disagree with these Terms of Use or the Privacy Policy, you must not use the Website.
This Website is intended for users aged 16 and older. By accessing it, you confirm that you meet the minimum age requirement to enter into a binding agreement with the Company. If you do not meet these criteria, you are prohibited from using the Website.
Changes to the Terms of Use
We reserve the right to amend or update these Terms of Use at our sole discretion. Any revisions will take effect as soon as they are published and will govern all subsequent access to and use of the Website. However, updates to the dispute resolution section in Governing Law and Jurisdiction will not affect any disputes already under consideration prior to the update.
Continued use of the Website after revisions are posted signifies your acceptance of the updated Terms of Use. Please check this page periodically to stay informed about any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to modify or discontinue this Website, including any services or materials provided, without prior notice. We are not liable for any unavailability of the Website, whether temporary or permanent. We may also restrict access to parts of or the entire Website, including for registered users, at our discretion.
You are responsible for:
- Ensuring you have the necessary arrangements to access the Website.
- Ensuring anyone accessing the Website through your internet connection complies with these Terms of Use.
Certain features or resources on the Website may require registration or submission of specific information. It is a condition of your use of the Website that the information you provide is accurate, current, and complete. Any information you submit is governed by our Privacy Policy, and by providing such information, you consent to actions we take regarding your data in accordance with the Privacy Policy.
If you are provided with or choose a username, password, or other security credentials, you are responsible for maintaining their confidentiality. Sharing this information with others is prohibited. You agree to notify us immediately of unauthorized access to your account or any other breach of security. When accessing your account on a shared or public device, use caution to prevent unauthorized access to your account.
We reserve the right to disable or revoke access credentials, including usernames and passwords, at any time and for any reason, including violations of these Terms of Use.
Part 2: Intellectual Property Rights
The Website, including all its content, features, and functionality (such as information, software, text, displays, images, video, audio, and their design, selection, and arrangement), is owned by the Company, its licensors, or other content providers. These materials are protected under Australian, United States, and international laws governing copyright, trademarks, patents, trade secrets, and other proprietary rights.
These Terms of Use authorize you to access and use the Website for personal, non-commercial purposes only. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, store, or transmit any content from the Website except under the following conditions:
- Your computer may temporarily store copies of materials in its RAM during your use of the Website.
- Your browser may automatically cache files for optimization purposes.
- You may print or download a single copy of a reasonable number of Website pages for personal, non-commercial use, provided they are not reproduced, published, or distributed further.
- If we provide software applications for download, you may download a single copy for your personal, non-commercial use, subject to the terms of our end user license agreement.
- Registered users who purchase products or services from the Website may download and view the associated content on their personal devices for personal, non-commercial use.
You may not:
- Alter copies of any materials from the Website.
- Use images, graphics, video, or audio content separately from the accompanying text.
- Remove or modify any copyright, trademark, or proprietary notices from the materials.
Commercial use of any part of the Website or its services and materials is prohibited. Unauthorized actions, such as printing, copying, modifying, or sharing Website content, will result in immediate termination of your access and require you to return or destroy any copied materials. Ownership of the Website and its content remains with the Company, and no rights or interests are transferred to you. Any unauthorized use is considered a violation of these Terms of Use and applicable intellectual property laws.
Prohibited Uses
The Website is available for lawful purposes only and must be used in compliance with these Terms of Use. You agree not to:
- Violate any applicable federal, state, local, or international laws, including regulations governing data or software export.
- Exploit, harm, or attempt to harm minors by exposing them to inappropriate content, requesting personal information, or other actions.
- Transmit or initiate the transmission of unsolicited promotional materials, such as spam, chain letters, or similar solicitations.
- Impersonate the Company, its employees, other users, or any person or entity by using associated email addresses, screen names, or similar identifiers.
- Engage in any behavior that restricts others’ use or enjoyment of the Website or causes harm to the Company, its users, or exposes them to liability.
You also agree not to:
- Use the Website in a way that could damage, disable, or impair its functionality or interfere with others’ real-time activities.
- Employ automated tools like robots or spiders to access the Website for monitoring, copying, or other unauthorized purposes.
- Use manual processes to monitor or copy Website content without prior written approval.
- Introduce malicious elements such as viruses, Trojan horses, worms, or similar harmful software.
- Attempt to access, disrupt, or damage the Website, its servers, or associated databases.
- Launch denial-of-service or distributed denial-of-service attacks against the Website.
- Engage in any other conduct that interferes with the Website’s proper operation.
Part 3: User Contributions
We offer different levels of access to our Services for Visitors and Registered Users, as outlined below.
Visitors
Visitors are individuals who browse our Websites without registering for an account. No login is required. Visitors can:
- Access publicly available content on the Websites.
- Contact us via email.
Registered Users
Registered Users have access to additional features, including:
- The ability to purchase products and services through our Websites.
- Access to exclusive, member-only content.
- The option to create, update, and manage personal accounts.
- Posting comments and other content on the Websites (“Registered User Content”).
- Enrollment in programs and subscriptions for alerts or notifications.
- Becoming part of the Alivio Plus Co community.
Our Website may include interactive features such as message boards, chat rooms, personal profiles, forums, and bulletin boards (collectively, “Interactive Services”). These services allow users to post, submit, and share content or materials (“User Contributions”) with other users or third parties.
Content and Usage
All User Contributions must adhere to the Content Standards outlined in these Terms of Use. By posting content on the Website, you acknowledge that such material is considered non-confidential and non-proprietary. You grant us, our affiliates, service providers, licensees, and successors the right to use, reproduce, modify, display, perform, distribute, and disclose your contributions for any purpose.
By posting User Contributions, you represent and warrant that:
- You own or control all rights to the content and have the authority to grant the license described above.
- Your User Contributions comply with these Terms of Use.
- You are solely responsible for the legality, reliability, accuracy, and appropriateness of the content you submit.
We disclaim responsibility or liability for the content or accuracy of User Contributions made by you or any other Website user.
Monitoring and Enforcement
We reserve the right to:
- Remove or decline to post any User Contribution at our discretion.
- Take action if we believe content violates these Terms of Use, infringes intellectual property or other rights, poses a threat to safety, or creates potential liability for the Company.
- Share your identity or information with third parties alleging infringement of intellectual property rights or privacy violations.
- Pursue legal action or involve law enforcement for illegal or unauthorized use of the Website.
- Suspend or terminate your Website access, entirely or in part, for any violation of these Terms of Use.
We cooperate fully with law enforcement or court orders requesting the disclosure of user identities or other relevant information. By using the Website, you agree to release and hold harmless the Company, its affiliates, licensees, and service providers from claims resulting from investigations or actions taken during such investigations.
While we strive to maintain the integrity of the content on our Website, we are not obligated to pre-screen materials before they are posted. We cannot guarantee the prompt removal of objectionable material and disclaim liability for actions or inactions related to user or third-party contributions.
Part 4: Content Standards
Our content standards govern all User Contributions and the use of Interactive Services. By participating, you agree that your contributions will comply fully with applicable federal, state, local, and international laws and regulations. Specifically, User Contributions must NOT:
- Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Infringe on intellectual property rights, including patents, trademarks, trade secrets, or copyrights.
- Violate the legal rights (e.g., privacy or publicity) of others or include material that could result in civil or criminal liability.
- Be deceptive, misleading, or fraudulent.
- Promote illegal activities or advocate unlawful acts.
- Cause unnecessary annoyance, embarrassment, or anxiety, or be likely to upset or alarm others.
- Impersonate another person or misrepresent your identity or affiliation.
- Include unauthorized commercial activities, such as contests, sweepstakes, or advertisements.
- Suggest endorsement by or affiliation with us or others without explicit authorization.
Copyright Infringement
We take copyright claims seriously and respond to notices of alleged infringement in compliance with applicable laws. If you believe any content on our Website infringes your copyright, you may request its removal by submitting a written notice to our designated copyright agent.
For users in the United States, your notice (a “DMCA Notice”) must meet the requirements outlined in the Digital Millennium Copyright Act (DMCA). This includes:
- Your signature (physical or electronic).
- Identification of the copyrighted work(s) allegedly infringed.
- Details about the infringing material to help us locate it.
- Your contact information (name, address, phone, and email).
- A statement confirming your good faith belief that the use is unauthorized.
- A declaration that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
Designated Agent for Copyright Infringement Claims:
Michelle Hungerford
Alivio Plus Co
Email: support@alivioplusco.com
Failure to meet the DMCA requirements may render your notice ineffective. Note that knowingly misrepresenting a claim of copyright infringement can result in liability for damages under Section 512(f) of the DMCA.
Part 5: Changes to the Website
We may update the content on this Website periodically, but it may not always be complete or up-to-date. We are not obligated to update any material on the Website, and some information may be outdated at any given time.
Information About You and Your Visits to the Website
All data collected through the Website is managed in accordance with our Privacy Policy. By using the Website, you consent to our use of your information as outlined in the Privacy Policy.
Alivio Plus Co Messaging Terms & Conditions
United States and Canada
By opting into our messaging program, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from Alivio Plus Co to the mobile number you provide. These messages may be sent using an automatic telephone dialing system.
- Consent: Signing up for messages is not a condition of purchase.
- Message Frequency: Message frequency may vary, and we reserve the right to adjust the number of messages sent.
- Shortcode Changes: We may change the shortcode or phone number used to send messages and will notify you of such changes.
- Delivery: Messages may not be deliverable to all mobile devices or in all areas. Neither Alivio Plus Co, our service providers, nor participating carriers are liable for delays or failures in message delivery.
- Supported Carriers: Our program supports most major and minor U.S. and Canadian carriers. For the full list, refer to the original terms.
Customer Care
If you encounter issues, visit our Contact Us page or email us at support@alivioplusco.com.
Contact Information
This messaging program is provided by Alivio Plus Co, located at:
23 Wild Street, Picton NSW 2571, Australia
Dispute Resolution
In the interest of resolving disputes quickly and cost-effectively, you and Alivio Plus Co agree to resolve any disputes related to these Messaging Terms or your receipt of messages via binding arbitration.
Key Points of Arbitration
- Arbitration replaces a lawsuit in court. A neutral arbitrator, rather than a judge or jury, resolves disputes.
- Arbitration allows for limited discovery and is subject to minimal court review.
- Arbitrators can award the same damages and relief as a court.
By agreeing to these terms:
- You and Alivio Plus Co waive the right to a trial by jury.
- You waive the right to participate in a class-action lawsuit.
- These Messaging Terms are governed by the Federal Arbitration Act.
Part 6: Exceptions
General Exceptions
Despite the arbitration agreement, you or Alivio Plus Co retain the right to:
- Bring individual claims in small claims court.
- Pursue enforcement actions through relevant federal, state, or local agencies.
- Seek injunctive relief in aid of arbitration from a court of competent jurisdiction.
- File lawsuits for intellectual property infringement claims.
Arbitrator
Disputes will be governed by the Federal Arbitration Act and the AAA Rules (Commercial Dispute Resolution and Consumer-Related Disputes) administered by the American Arbitration Association (AAA).
- Filing details and AAA Rules are available at www.adr.org or via phone at 1-800-778-7879.
- The arbitrator has sole authority to resolve disputes about the interpretation or enforceability of this arbitration agreement.
Notice and Process
Before starting arbitration, the initiating party must send a Notice of Dispute via U.S. Mail to:
23 Wild Street, Picton NSW 2571, Australia, Attn: Michelle Hungerford.
The Notice must include:
- A description of the claim or dispute.
- The specific relief sought.
If the issue isn’t resolved within 30 days, arbitration may commence. Settlement offers must remain undisclosed to the arbitrator until a final decision is made.
Fees
- Claims under $15,000: You may choose document-based, phone, or in-person hearings.
- Alivio Plus Co will reimburse your filing fee unless your claim exceeds $15,000 or is deemed frivolous, in which case fees are determined by AAA Rules.
- Arbitration results and related information must remain confidential, except for judicial enforcement or limited review.
No Class Actions
All claims must be filed individually. Neither party may act as a class representative or member without written consent. Consolidation of claims is not allowed unless explicitly agreed upon.
Modifications to Arbitration
You may reject changes to the arbitration terms (excluding address updates) within 30 days of modification by providing written notice to the address above.
Enforceability
If the class-action waiver is found unenforceable for a specific claim, that claim must proceed in court, separate from arbitration. All other provisions remain in effect.
Mobile Messaging Terms for UK, Australia, and New Zealand
- Service Overview: By opting in, you consent to receive recurring SMS/text updates and promotional messages. Consent is voluntary and not a purchase condition.
- Message Costs: Alivio Plus Co does not charge for texts, but carrier rates may apply.
- Opt-Out: Reply STOP to cancel. For support, text HELP or email support@alivioplusco.com.
- Privacy and Liability:
- Alivio Plus Co is not liable for failed or delayed messages.
- Ensure the mobile number you provide is valid and updated.
- For privacy details, see our Privacy Policy.
- Alivio Plus Co is not liable for failed or delayed messages.
Part 7: Online Purchases and Related Terms
Applicable Terms
- All purchases and transactions made on our website are subject to the Terms of Sale, which are incorporated into these Terms of Use.
- Additional terms may apply to specific sections, services, or features of the website and are included by reference.
Linking Guidelines
- Links to Our Website: You may link to our homepage, provided it is done legally and fairly, without harming our reputation or suggesting endorsement without prior written consent.
- Links to Other Sites: The website may include links to third-party resources or sites for convenience. We have no control over their content and are not liable for any resulting issues or damages.
Warranty Disclaimer
- The website, its content, and services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
- Alivio Plus Co does not warrant that the site or its content will be free from errors, uninterrupted, secure, or free of harmful elements like viruses.
- Exclusions do not affect warranties or guarantees under applicable laws, including Australian Consumer Law.
Limitation of Liability
- To the extent permitted by law, Alivio Plus Co’s total liability is limited to the amount paid for the goods, content, or services involved in the claim.
- Under Australian Consumer Law, any statutory guarantee breaches will result in remedies like replacement or reimbursement, as determined by us.
Indemnification
You agree to defend, indemnify, and hold harmless Alivio Plus Co, along with its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable legal fees) that arise from your breach of these Terms of Use or your use of the Website. This includes, but is not limited to, any User Contributions you make, misuse of the Website’s content, services, and products beyond what is permitted in these Terms of Use, or any reliance on information obtained from the Website.
Governing Law and Jurisdiction
- All matters related to the Website and these Terms of Use, including any disputes or claims (contractual or otherwise), are governed by the laws of New South Wales, Australia, without reference to any conflict of law rules.
- For disputes that cannot be resolved informally, legal proceedings will be exclusively brought before the courts of New South Wales, Australia. However, we reserve the right to bring proceedings in your country of residence or another relevant jurisdiction. By using the Website, you consent to this jurisdiction and waive any objections regarding venue.
Dispute Resolution
At Alivio Plus Co’s discretion, disputes or claims arising from these Terms of Use or your use of the Website may be subject to binding arbitration conducted under the Australian Centre for International Commercial Arbitration (ACICA) Rules in New South Wales, Australia.
Time Limit to File Claims
Any claim or cause of action related to these Terms of Use or the Website must be filed within one (1) year of the event giving rise to the claim. Otherwise, the claim will be permanently barred.
Waiver and Severability
- Failure to enforce any provision in these Terms of Use does not constitute a waiver of that provision or any others.
- If any part of these Terms of Use is deemed invalid or unenforceable by a court, the remaining provisions will remain in full effect.
Entire Agreement
These Terms of Use, along with our Privacy Policy and Terms of Sale, represent the entire agreement between you and Alivio Plus Co concerning the Website. They override any prior agreements, communications, or understandings, whether written or oral.
Feedback and Contact Information
This Website is operated by Alivio Plus Co., 23 Wild Street, Picton, NSW 2571, Australia.
For questions, feedback, or support, contact us at support@alivioplusco.com.