TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS FULLY BEFORE USING THE SITE.
The following definitions apply to these Terms.
“Big & Bulky Goods” are goods for which extra handling and additional resources are required for delivery. Different Delivery Fees and requirements may apply. To check whether products you are ordering are Big & Bulky Goods, view the “Delivery” tab on the product information page. If you are still unsure or would like further information, please contact us.
“THE SWEET BOX” means THE SWEET BOX Sydney Pty Ltd (ACN 643 705 819) trading as THE SWEET BOX Cookies (ABN 49 643 705 819).
“Delivery Address” means the address to which your products are to be delivered, as stated on the order you placed through the Site for those products.
“Delivery Agent” means a third party delivery or shipping company engaged by THE SWEET BOX or a third party Seller to deliver the products you have ordered from the Site.
“Delivery Fee” means a fee for the delivery of the products, shown on the product page and calculated at checkout.
“GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Law” means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
“Personal Information” has the meaning given in the Privacy Act 1988 (Cth).
“Seller” means independent third party retailers who sell products through the Site.
“Site” means THE SWEET BOX purchasing website and all corresponding purchasing applications.
“Restricted Goods” means products subject to restrictions on sale in particular jurisdictions, including products which may not be sold to minors (such as knives, alcohol and tobacco).
“Returns Policy” means THE SWEET BOX Returns Policy. View THE SWEET BOX Returns Policy here.
“User Submission” means anything you post, upload, share, store, or otherwise provide through the Site.
“We”, “Us” and “Our” means THE SWEET BOX Sydney PTY LTD (ABN 49 643 705 819).
“You” and “Your” means you as the purchaser of products through the Site pursuant to these Terms.
Welcome to the website (“the Site”) for THE SWEET BOX Sydney PTY LTD (ABN 49 643 705 819, “THE SWEET BOX”)!
Under the Competition and Consumer Act 2010 (Cth), you must be 18 years of age or older to use the Site and to purchase any goods or services. (This is the age under Australian law at which you are considered to have legal capacity to enter into a contract.) By using the Site, you are confirming that you meet this age criteria.
If you continue to use the Site, you are indicating that you have read and accepted these Terms & Conditions. Upon your starting to use the Site, these Terms & Conditions form a contract between you and us. These Terms & Conditions constitute the whole contract between you and us regarding your use of, and access to, the Site and its content. No other term is included in this contract except where required to be included by any law of Australia, or its States or Territories. All implied terms, except those implied by law and which cannot be expressly excluded, are expressly excluded.
Due to constantly evolving business practices and technologies, we may update these Terms & Conditions at any time. Any updates will be published here on the Site. If there are any significant changes, we will endeavour to let you know about them, but it is your responsibility to check these Terms & Conditions form time to time to check that you are still comfortable with them. If you continue to use the Site after any amendments to the Terms & Conditions are published, your use indicates that you have read and accepted them.
We may also terminate these Terms & Conditions at any time, without notice. If we do this, any rights or obligations outlined in these Terms & Conditions will survive the termination.
- Ordering through our site
- You may place an order by following the instructions on the Site. By placing an order, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by the Site at the time the Site sends an order confirmation to your nominated e-mail address. It is your responsibility to ensure the correct email address and contact details are entered with your order.
- Please note that the Site is a platform for the sale of products offered by both THE SWEET BOX and third party sellers. Third party sellers are independent retailers that may have their own store, and are looking to diversify their range by selling options through the Site. Where an item is offered and sold by a third party seller (“the Seller”), the name of the Seller and the fulfilment of the order conditions including delivery fees, will be specified on the relevant product page.
- Each order you place will be a separate contract. Each product in your order is either sold by THE SWEET BOX or the Seller specified as the seller of the product on the relevant product page.
- A tax invoice will be issued at the time your products are ready for despatch. Where you purchase products from both a Seller and from THE SWEET BOX, you will receive a tax invoice from THE SWEET BOX.
- All products offered for sale from the Site must be used for personal non-commercial use and are not permitted to be resold.
- THE SWEET BOX may restrict the quantity of products which can be purchased in one order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised.
- We will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process your order or deliver your products due to inaccurate or incomplete details provided in an order.
- If ordering gifts or products for a third party, you confirm that you have obtained consent to provide us with Personal Information of recipients of gifts or products ordered by you.
- If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order. Subject to any applicable quantity restrictions, you can order as many products as you wish in one order.
- If we cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid.
- Any products you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms part of these Terms.
- From time to time, products may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the products impacted.
- We may withdraw or suspend from sale any product displayed on the Site, either temporarily or permanently, at any time and without notice.
- Although all reasonable care will be taken to ensure that all Site content is accurate, the Site may occasionally contain errors, inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice. We reserve the right to not fulfil any orders that you placed based on information on the Site that contain errors or inaccuracies, including without limitations pricing, product descriptions, images, policies, payment term errors. If we become aware of an error that impacts on your order, we will make reasonable attempts to contact you as soon as practicable and provide you an option of reconfirming your order at the correct price or cancelling your order. If we are unable to make contact with you, we will treat the order as cancelled and provide you with a full refund.
- The products, prices, and promotions offered on the Site may not be the same as those in THE SWEET BOX stock or the Seller’s store or website, and as such they are not required to match a Site price. THE SWEET BOX or the Seller’s Competitive Pricing Policy does not apply to orders.
- From time to time, we may offer a promotional discount or coupon codes which may apply in respect of any, or certain specified, orders or products on the Site. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use will be specified on the Site or at the time of issue.
- Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.
- You acknowledge and agree that:
(a) any accessory featured with the products is for illustrative purposes only, and may be sold separately; and
(b) where we provide dimensions and measurements in the description of a product, the dimensions may vary slightly in real life and are approximates. It is your responsibility to ensure that the actual size of each product is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your Delivery Address for delivery of the product).
- All prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable. Due to Sellers being located in different tax jurisdictions in some cases, your purchases may be subject to specific sales, custom or value-added taxes and the shipping time and associated cost may increase accordingly.
- We reserve the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply your ordered products at that price (unless your order is affected by a pricing error).
- Payment methods are specified on the Site and are subject to change. The name on any credit card or PayPal account used for payment must match the name on the order.
- In paying or attempting to pay for products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. Your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required timeframe, your order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
- We reserve the right to accept or reject your order for any reason at any time. If the Site rejects your order, you will receive a refund of any money paid. If you wish to cancel your order, the terms under the Returns Policy that forms part of these Terms apply.
- If you order products that are or contain Restricted Products, you:
(a) warrant that you are aged 18 years (or the age required by law to purchase these products) and that you are not obtaining the Restricted Products on behalf of a person under the lawful minimum age for purchasing the Restricted Product;
(b) acknowledge that it is against the Law to sell or supply the Restricted Products to, or obtain the Restricted Products on behalf of, a person under the age of 18 years (or the lawful minimum age for purchasing the Restricted Product); and
(c) when you order Restricted Products that contain an age restriction, you are confirming that you are of legal age and that the information you have provided us is true and accurate.
- THE SWEET BOX may, at its discretion, terminate the agreement for the supply of products to you:
- for convenience, at any time, on giving reasonable notice to you; or
- if THE SWEET BOXreasonably believes you have breached these Terms or committed fraud and that the breach is not capable of remedy or it is not remedied within the provided time period.
- The delivery time periods and delivery fees for each product are listed on the product page below the product image under “Shipping Policy” for THE SWEET BOX and each Seller. Dispatch times may vary according to availability and any representations made regarding delivery times are subject to any delays resulting from postal delays or force majeure for which the Site will not be responsible.
- If your order is for more than one item, your order may be fulfilled from multiple locations at different times depending on stock availability. In the instance that your order is split, you will not be charged any additional delivery fees
- A signature on delivery may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery. If re-delivery is required, you will be required to pay additional delivery fees (including where your order was subject to free standard delivery). Delivery fees paid will not be returned in such cases, unless required by Law.
- Products will be delivered to the Delivery Address.
- Where the Delivery Address is an office address, shared house or apartment, the Delivery Agent will make reasonable attempts to contact you. However, you agree that we may deliver to an individual at the Delivery Address and will be able to rely on that individual’s instructions as if they were your own.
- If no-one is at the Delivery Address or there is limited access to the Delivery Address, the Delivery Agent will leave a collection card with instructions on where to collect your products.
- For deliveries of Big & Bulky Goods, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery. You or a person over the age of 18 must be available to accept delivery at the Delivery Address on the agreed date between you and the Delivery Agent. If no-one is available at the Delivery Address at the agreed time and redelivery is required, a calling card will be left for you to arrange re-delivery. Additional delivery fees may apply.
- Before placing your order through the Site, please read the product page to determine if assembly is required. Unpacking, assembly and installation fees do not form part of your delivery fee.
- During certain periods such as sale periods or Christmas, it may take us longer to fulfil deliveries due to high order volumes.
- With the impact of the Pandemic Covid-19, it may take us longer to fulfil deliveries.
We want you to be completely satisfied with your purchase on the Site. If you have any issues, we are keen to hear about them. In fact, your customer satisfaction is so important to us that we have a separate Returns Policy which outlines when we will or won’t accept returns and pay refunds. You can find it here.
- How you are permitted to use the Site
You have unlimited but revocable permission to use the Site for lawful, personal,
non-commercial use, as outlined with these Terms & Conditions. You are prohibited from using the Site for any other purpose unless you have our written consent to do so.
You may be required to sign up for an account, and select a password and user name (“THE SWEET BOX User ID”). You must provide us with accurate, current and complete registration information about yourself. You cannot use a name you don’t have the right to use, or another person’s name, as you’re THE SWEET BOX User ID a name.
You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and gotten your parent or guardian to agree to these Terms on your behalf).
You must not use the Site on behalf of or for the benefit of any third party.
You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You may have multiple accounts on THE SWEET BOX but THE SWEET BOX strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. THE SWEET BOX will not honour rewards earned from such accounts.
You must not do any of the following.
- Distribute, copy, store, post, transmit or commercially exploit any of the Site’s content, unless you have THE SWEET BOX’s written consent to do so. (See Copyright below.)
- Redistribute or reproduce part or all of the Site’s contents, unless for your personal,
- Reproduce any of the Site’s contents for the purposes of sale or use by a third party.
- Assign, delegate or transfer these Terms& Conditions or your rights or obligations hereunder, or your THE SWEET BOX account, in any way (by operation of law or otherwise) without THE SWEET BOX’s prior written consent.
- Knowingly transmit viruses or other disabling features to the Site.
- Use the Site or our email address to send unsolicited emails to third parties.
- Use the Site in any way that:
- infringes the intellectual property or other rights of any person (corporate or individual);
- would cause you to breach Law or any legal obligation;
- would bring THE SWEET BOX or the Site into disrepute;
- defames, harasses, threatens, deceives, defrauds, harms or offends any person;
- would interfere with any other person’s use of the Site;
- would interfere with the proper working of the Site;
- facilitates or assists another person to do any of the above acts;
- jeopardises the security of your or anyone else’s THE SWEET BOX account or (e.g. allowing someone else to log in to the Site as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site; or
- uploads, transmits, distributes, stores, creates or otherwise sells, or offers for sale, any Restricted Products.
We also reserve the right to take action against you if you breach any of these Terms & Conditions. This may include (but is not limited to) blocking you from use of the Site or other related sites and to enforce our rights against you.
We reserve all copyright and trademark in all contents of the Site, with these items being protected under Australian and international laws. “Contents” includes, but is not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions.
By using the Site, you agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Site.
You must not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Site content not owned by you
- without the written consent of the owner of that content; or
- in a way that violates someone else’s (including THE SWEET BOX’s) rights.
You acknowledge that THE SWEET BOX owns the Site and agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any content from the Site.
If we provide written consent for you to copy or download certain content from the Site, all of the above restrictions still apply except where stated otherwise in the written consent.
As Australia is a party to a number of international treaties that protect copyright material, we take allegations of copyright infringement seriously. We respect the intellectual property rights of third parties and welcome contact if you are of the view that the Site contains content that infringes your rights. We reserve the right to delete or disable content on the Site that is alleged to be infringing of a third party’s intellectual property rights, and to terminate the accounts of repeat alleged infringers. Please do not hesitate to contact us if you have any queries in this regard.
- Delays and outages of the Site
We will make our best efforts to maximise availability of the Site to you and keep the Site fault free. Despite this, we cannot guarantee that the Site will be available all the time or at any specific time, or that the Site is 100% secure or virus free. We may discontinue the Site at any time without notice. We are not liable for any loss, cost or damage that you may incur in the event of one of these circumstances arising.
- Third party links and information
From time to time, we may provide links to third party websites, and accept information and advertisements from Sellers, on the Site in good faith. We are not responsible for the content of those third party websites, or the actions or inaction of the Sellers, or owners or operators of those websites. You will need to make your own enquiries of those third parties (if you wish) about whether their products or services are suitable for you. We give no warranties regarding the authenticity of Sellers or users of the Site. We also give no warranties about third party websites and the risk of virus, hacking or breach of security on those websites.
- Using other related sites and forums
If you use our products or services, we may (with your consent) give you access to other sites, such as blogs, Facebook groups or other online forums, where you may post comments, photos or other material (“your content”). When posting your content, you must adhere to any guidelines, or terms and conditions, which are posted within those sites, as well as these Terms and Conditions.
We reserve the right to review, amend, reject or delete all or part of your content that, in our opinion, violates these Terms and Conditions or any site-specific guidelines or terms and conditions that also apply, or otherwise might harm, endanger or violate the rights of any person.
- User submissions and licences
For all User Submissions, you grant THE SWEET BOX a licence to:
- translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer); and
- reproduce and otherwise act with respect to such User Submissions, so that we can operate the Site.
This is a licence only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal THE SWEET BOX account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant THE SWEET BOX the licence above, as well as a licence to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you, and providing the services necessary to do so.
If you share a User Submission only in a way that specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), you grant THE SWEET BOX the licences above, as well as a licence to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a licence to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the Site.
Sometimes you may share a User Submission publicly on the Site and/or in a way that more than just you or certain specified users can view, or provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site (each of the foregoing, a “Public User Submission”). In these cases, you grant THE SWEET BOX the licences above, as well as a licence to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all THE SWEET BOX users and providing the services necessary to do so. You also grant us with all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Site and/or otherwise in connection with THE SWEET BOX’s business. THE SWEET BOX will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Site. Also, you grant all other users of the Services a licence to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Site.
By using the Site, you acknowledge that the licences you grant are royalty-free, perpetual, able to be sub-licensed, irrevocable, and worldwide. You also acknowledge and agree that THE SWEET BOX, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licences include the rights to do so.
- Privacy and disclosure of your information
- Resolution of disputes
Disputes with us
Should you have any concerns about, or a complaint arising from, these Terms & Conditions or your shopping experience with us, we will use our best endeavours to mediate and negotiate with you in good faith to resolve them. We expect you to do the same. While you are always welcome to call us with any concerns or complaints, we will be able to deal with any concerns or complaints more efficiently and quickly if you outline your concern or complaint in writing via email at email@example.com , with as much relevant information as possible.
Disputes with third parties
By using the Site, you acknowledge that THE SWEET BOX is under no obligation to become involved if there is a dispute between participants on this site, or between users and any third party. You also release THE SWEET BOX, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Site.
- Disclaimers and indemnity
We will make best endeavours to keep the Site and its content reliable, accurate and up to date, we make no warranties or representations about the Site’s use, the result of using any of its content, or completeness, accuracy, suitability, reliability or otherwise of the Site or its contents.
We take the quality of products sold through the Site seriously and make best endeavours to ensure all products sold through the Site are of good quality. However, as products are sold by Sellers through the Site, we cannot vouch for the quality of each and every individual product. Products and services purchased or offered through the Site are provided “As is”. To the extent permitted by law, we disclaim and exclude all warranties, guarantees, representations or terms, expressed or implied, including implied warranties of merchantability and fitness for any specific purpose. We exclude all liability arising from the misuse of products purchased through the Site, and from any damage caused by faulty products purchased from a Seller through the Site. (In the latter case, any claims must be made against the Seller.)
We do not warrant that the Site’s content will be free of errors, that any defects will be corrected, or that the Site or its server is free of viruses or any other harmful components.
To the extent permitted by Australian Law, THE SWEET BOX gives no warranty as to the products you purchase from Sellers on the Site. Certain information on the Site may be uploaded by Sellers from external sources. THE SWEET BOX does not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. Content appearing on the Site does not imply our endorsement or liability in respect of such content. We exclude all liability for any loss, damage, costs or expense (direct or indirect), including loss of profits, that you or any third party may suffer resulting from use of, or inability to use, the Site.
The Site provides general information on our products and services only. It does not take into account your specific circumstances and, as a result, the Site does not provide advice specific to you. Any Site content is intended to assist you and is not intended to substitute professional, financial or legal advice. It is your responsibility to determine the extent to which you rely on the Site’s content, whether or not you should use the products and services offered on our Site, and to seek professional advice, where appropriate.
THE SWEET BOX and/or a Seller may provide an additional warranty in addition to your Australian Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
THE SWEET BOX’s failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. It cannot be construed that an action or inaction by us deems us to have actually waived any current or future liability.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
By using the Site, you agree to indemnify us (including our officers, directors, employees and agents) against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs), whether arising in tort, contract or negligence regarding your use of, or access to, the Site, any breach by you of these Terms & Conditions or any wilful, unlawful or negligent act or omission by you.
You also indemnify us for any loss, costs or damages incurred by you as a result of interactions with a Seller through the Site, or products purchased from a Seller through the Site.
You and THE SWEET BOX agree that these Terms & Conditions are the complete and exclusive statement of the mutual understanding between you and THE SWEET BOX, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms & Conditions.
- Enforceability of these Terms & Conditions
If any part of these Terms & Conditions is found to be illegal, void or unenforceable by a court of law of a particular jurisdiction, then that part is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Any part read down or severed shall not apply in that jurisdiction and will be deemed not to have been included in the Terms & Conditions in that jurisdiction.
Your use of the Site, this contract and any dispute arising from either of them are subject to the laws of New South Wales and Australia. If any such dispute requires resolution through litigation, you must submit to the jurisdiction of the courts of New South Wales, Australia.
- How do I contact you?
If you have any questions or feedback about, or would like to exercise your rights or lodge a complaint under, our Terms & Conditions, we’re all ears. You can contact us in any of the following ways.
Telephone: 1300 910 453
Website contact form: http://thesweetbox.com.au/contact-us/
These Terms apply to your use of all the Services, including the applications available via the Apple, Inc. (“Apple”) App Store (including, without limitation, for iPhone, iPad, iTouch, and iWatch) (each an “Application” and, collectively, the “Applications”), but the following additional terms also apply to each Application:
- Both you and THE SWEET BOX acknowledge that the Terms are concluded between you and THE SWEET BOX only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that THE SWEET BOX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, THE SWEET BOX, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and THE SWEET BOX acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and THE SWEET BOX acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.