Online Terms & Conditions of Use
[Current as at 14 June 2012]
These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms & Conditions), govern your use of the website at proplenish.com.au and pages that sit below that URL (collectively the Site).
1. About the Site
The Site is operated by ProPlenish Pty Ltd, ACN 151 374 015 (ProPlenish).
The Site is designed to provide information about ProPlenish products and their use. The Site does not provide general health, dietary or fitness information or advice.
Information provided about ProPlenish products is provided as a general guide only and is not intended to avoid the necessity for you to seek individual advice about your particular health, dietary or fitness requirements. You acknowledge that nothing on the Site or in Content constitutes medical advice specific to any individual.
2. Acceptance of terms
Your access to and use of the Site, including your use of the materials and information accessible on or from the Site and the ordering of products from the Site, is governed by these Terms & Conditions.
Your use of the Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.
Proplenish reserves the right to amend the Site and the Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment to the Terms & Conditions constitutes an agreement by you to abide and be bound by the Terms & Conditions as amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.
3. Accessing the Site
Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Products offered on the Site may vary from time to time.
ProPlenish reserves the right to withdraw or amend the Site and the content and services accessible through it without notice. ProPlenish will not be liable if for any reason the Site is unavailable at any time or for any period.
The products on the Site are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase through the Site, you accept these Terms & Conditions and acknowledge that you are over the age of eighteen (18) years and able to make a legally binding contract.
5. Payment Methods
Purchases may be paid for by using the online transaction facility provided on the Site. You are responsible for ensuring that all information you provide in relation to a transaction is correct.
All prices are in Australian dollars ($), and are payable in Australian dollars ($), plus any applicable taxes. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
The payment method you use may be subject to certain terms and conditions by the provider of that payment method. Proplenish does not review or control, and is not responsible in any way for, the functioning of any payment method or the terms and conditions of use of any payment method.
6. Refusal of transaction
ProPlenish may refuse to process an order for any reason or refuse service to anyone at any time at its sole discretion. Additionally, your financial institution, or PayPal (as applicable) may also decline to process payment requests. ProPlenish will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. Goods and Services (GST) and other taxes
Prices displayed on the Site are inclusive of GST on the sale, if any, unless otherwise stated.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site. The Site is designed for use by Australian residents.
If you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if products are ordered through the Site and delivered to you.
8. Copyright and intellectual property rights
ProPlenish is the copyright owner of the Site and its content, or is licensed to use the content. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site or in content;
- perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information, content or other material on the Site without the specific prior written consent of Proplenish;
- alter, decompile, disassemble, reverse engineer or modify any Content, material or information that you receive from the Site or which can be accessed through the Site; or
- use or apply, for commercial purposes any material or information on the Site, without the prior written consent of Proplenish.
All trade marks, brands and names appearing on the Site or in the content are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trade mark or trade secret information. No trade marks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
9. Links and Third-Party Statements on the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the site, we reserve the right to withdraw linking permission without notice.
The Site may provide links to other websites not maintained or controlled by, or associated with, Proplenish. Proplenish makes no endorsements, representations or warranties about any other website which you may access through the Site (Other Website). When you access an Other Website, that Other Website is independent from the Site, and Proplenish has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the Site. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, Trojans and other material of a destructive nature. You use any hyperlinks presented on the Site or in content, and any Other Website, entirely at your own risk.
While ProPlenish takes appropriate technical and organisational measures to safeguard the personal data that you provide to ProPlenish, no transmission over the internet can ever be guaranteed to be secure. Consequently, please note that ProPlenish cannot guarantee the security of any personal data that you transfer over the Internet to ProPlenish or its payment gateway.
If you are using a computer or terminal in a public location, ProPlenish recommends that you always log out and close the website browser when you complete an online session for your security.
11. Viruses, hacking and other offences
You must not in any way introduce or allow the introduction of viruses, Trojans, worms, keyloggers, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or content, any server on which the Site or content is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If ProPlenish becomes aware that you have breached any law in connection with your use or access of this Site, it will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
ProPlenish does not represent that any content, information (including any file) or material obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
ProPlenish updates the Site as often as is practicable, but information can change rapidly and it does not guarantee its accuracy at any time.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by ProPlenish in good faith on an “as is” basis, and ProPlenish, related entities of ProPlenish and the directors, officers and employees of ProPlenish accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to third party products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by ProPlenish or any related company.
Subject to any non-excludable provisions in the Australian Consumer Law in Australia:
- ProPlenish expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
- ProPlenish shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if ProPlenish expressly is advised of the likelihood of such loss or damage.
To the extent permitted by law, ProPlenish’s liability for breach of any implied warranty or condition, which cannot be excluded by these Terms & Conditions, is limited, at ProPlenish’s option, to one or more of the following:
- In the case of services supplied or offered by us:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- In the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
The Site is intended for use in Australia by Australian consumers. To the extent (if any) that the content of the Site does not comply with the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
13. Relevant Parties
Any indemnity, agreement, representation or promise provided by you to ProPlenish as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of ProPlenish, and any related entity of ProPlenish.
If ProPlenish fails at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by ProPlenish of any default shall not constitute a waiver of any subsequent default. No waiver by ProPlenish of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Applicable Law
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
The Site may be accessed throughout Australia and overseas. Proplenish makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
17. Entire agreement
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and ProPlenish and supersede any prior agreement, understanding or arrangement between you and ProPlenish, whether oral or in writing.
18. Refund Policy
Please read the ProPlenish Refund Policy carefully to ensure you are fully aware of your rights and our obligations to you.
We will accept product returns where:
- the product or service is faulty or not fit for the purpose goods or services of that kind are commonly bought; and
- the product or service does not match the sample or description advertised on the ProPlenish website.
If you purchase a product from ProPlenish and that product is defected in any way, then you may return it to us for a refund at that time. Please send back to us the defective goods, complete with any packaging within 14 days of purchasing the goods. When sending to us, please provide the following details:
- your name and address;
- the original invoice and order number; and
- the reason for the return of the goods.
We reserve the right to assess the condition and age of all returned goods prior to offering an exchange or refund. This may result in an exchange or refund being refused.
You will be entitled to a refund equal to the cost of the product only (AUD) and you will incur the charges of the delivery and return of the product. If you are entitled to a refund, then the refund will be made upon the return of the product.
All returns must be sent to us via Registered Mail or Courier.
19. ProPlenish Subscriptions
Please read the ProPlenish Subscription policy carefully to ensure you are fully aware of your rights and our obligations to you.
- ProPlenish subscriptions are for a fixed term of 6 or 12 months;
- Payment is deducted from your nominated PayPal or Credit Card on your subscription date each month. Dispatch of ProPlenish will only occur once payment has cleared each month; and
- Subscription parcels returned to us due to failure to collect from your local post office will be held for a period of 2 months. Every attempt will be made in this period to contact you to confirm your address for re-dispatch. Failure to respond to our correspondence in the period will mean your parcel will not be re-delivered nor refunded.
- Subscription service available to Australia addresses only
- Cancellation or changes to a ProPlenish Subscription more than 48 hours after purchase is provided at the discretion of ProPlenish.
ProPlenish Pty Ltd. Suite 1011, 67-73 Surrey Road, South Yarra, VIC 3141, Australia