Thank you for visiting our website. This website is owned and operated by BREAKING GOOD ORGANICS PTY LTD ACN 641 734 278. In these Terms, 'us', 'we' and 'our' means Breaking Good Organics and our related bodies corporate.
The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, Goods or their effectiveness or uses, including with respect to treatments is a guide only. It is not intended as a substitute for professional health, wellbeing or medical advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any Goods, products, information or services provided on or through this Website, any Device Applications or Linked Site, you should obtain personal advice for your circumstances from a doctor or healthcare professional. You should also read carefully all information contained on any labels or packaging before taking any medicinal, herbal, homeopathic or other supplement before using same in connection with any health related issues. You must not use the information on this Website or the Device Applications for diagnosis or treatment of any health problem or as a prescription for any medical conditions or ailments. As we are not medical professionals, we cannot guarantee exactly how each individual will react to any particular Goods ordered or sold herein.
- You may elect to become a registered member to make orders, access our products, access certain features of our website.
- When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor's use of our website and account;
- assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor's use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.]
- We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
- We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
- We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
- PROMOTIONS AND COMPETITIONS
- For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.
- In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Pricing and Payment
- The Price will be displayed on the Website or in our Device Applications and may be modified or changed by us through our Website or Device Applications (or both), without notice.
- Payment will be required at the time of submission of your Order, which the following payment methods being accepted:-
- In-app store purchases and payment methods;
- Direct Deposit into our nominated account;
- Credit Card (the name on the card must match the Order).
- Until payment is made in clear and received funds, we have no obligation to accept, process, prepare, deliver or otherwise take any action with respect to any Order.
- If there are any delays or errors or inability to process payment, you will be required to address any such issues (with your financial institution, credit card or payment provider) or use an alternative method of payment.
- You warrant that in attempting to make payment, you are not engaging in any unscrupulous, fraudulent or deceptive conduct and have not contravened any Law.
- You agree to be bound by these Terms when you submit an Order.
- Each Order you place will be a separate and binding agreement between you and us with respect to the supply of Goods, in accordance with these Terms.
- Orders may be placed via the submission of an electronic Order via our Website or via our Device Applications, through an in store purchase.
- An Order submitted in this way is an offer by you to purchase Goods for the Price (plus any Delivery Fee and GST) at the time of submission of your Order.
- An Order number will be supplied to you upon submission of your Order to us. This does not constitute acceptance of same, but is required should you wish to contact us. We reserve the right to accept or reject your order in our discretion (and without reasons).
- Once submitted, cancellations or modifications may only be made at our discretion and are not guaranteed in every case. It is up to you to ensure that your shopping cart or order is fully complete prior to submission of same.
- You acknowledge that all Orders and the Goods themselves are intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply from time to time.
- You must ensure that any Order placed by you is complete and accurate to enable the processing and delivery of any such Order. We accept no liability for any Loss (whether to you or anyone else) as a consequence of inaccurate or incomplete Orders.
- Where any Order is not intended for the person submitting the Order and is intended for a nominated recipient, you warrant that you have obtained the consent of the recipient to the provision of any personal information submitted to us in connection with such an Order, prior to the making or submission of same.
- We reserve the right to accept or reject an Order in our discretion, at any time. We will use reasonable endeavours to notify you of any non-acceptance of your order as soon as is reasonably practicable. We will not be liable to you in any way whatsoever for any rejection.
- If rejection occurs where a payment has already been made, we will refund any money paid within a reasonable time thereafter.
- If we need to contact you in relation to an Order and we are unable to do so through the contact details you have supplied us after having made reasonable attempts, we may, in our discretion, reject any Order and provide notification of rejection to you. We are not liable to you or anyone else in connection with such rejection.
- We further reserve the right to undertake credit checks, fraud avoidance or any other enquiries that we, in our discretion, consider appropriate before accepting or rejecting any Order.
Availability of Goods
- If any Goods on the Website or our Device Applications are unavailable and we are not able to fulfil all or part of an Order, we will use reasonable endeavours to contact you promptly upon receipt of your Order to change your Order or come to an alternative arrangement. Where we cannot agree, we will refund you the Price paid for the unavailable Goods within a reasonable time and process the remainder of any Order. We are not liable with respect to any Loss you or any third party might suffer as a result of any delay in processing your refund.
- We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice.
Description of Goods
- You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website or in our Device Applications or in app stores are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- you have read any corresponding written description of the Goods prior to submitting your Order;
- the colour of Goods as shown on the Website may vary slightly in shade in real life;
- where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
- any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
- Risk in relation to any Goods passes immediately upon delivery to the designated place of delivery.
- We engage third parties and Delivery Agents to deliver Goods to your specified address and authorise us to share any of your personal or other information with our Delivery Agents, to enable delivery to occur.
- You must be present to accept delivery or appoint a nominated representative over the age of 16 years to do so in your place. Proof of identity may be required (in our or our Delivery Agent’s discretion) You may also provide us with authority to leave your delivery at your nominated address during the checkout process. Where delivery cannot occur, a calling card may be left for you to collect the Goods from our Delivery Agent’s depot (if any) or a local Australia Post branch office. Additional costs may be charged for any re-delivery. Neither we nor our Delivery Agents will be held liable for lost or damaged Goods.
- Should you refuse to execute any receipt confirmation or delivery manifest upon being presented with same by our Delivery Agent, then this will be deemed as a non-delivery, whereupon the Order will be returned to us and all amounts paid in accordance with same shall, at our election, be liable to be forfeited to us or increased by the costs associated with re-delivery.
- Any times or timeframes for delivery are estimates only and are not binding on us or our Delivery Agents. Delivery estimates may be affected by unforeseen events and we are not liable for any Loss, damage or delays associated with effecting delivery, howsoever arising, nor as a result of the premises being unoccupied upon the Delivery Agent’s attendance at the nominated address.
Orders, cancellations and returns
- We will not accept returns of Goods, provide a refund, or exchange Goods if you simply change your mind.
- If you wish to return or exchange any Good, please contact us and let us know that you'd like to return or exchange a product. Please include your order number and the reason as to why you would like a return/exchange, and include any necessary photo documentation if applicable. Our admin team will then be able to assist you with your return request.
- All goods returned to us will be inspected upon their return and in the case of faulty products, a replacement product will be sent or a refund issued.
- We do our best to package your product(s) so they will arrive to you in excellent condition. Unfortunately, once the package leaves our warehouse, it goes through third party Delivery Agents and products may shift causing unintentional damage. Should you receive a product that has been damaged in transit, please contact us immediately for further instructions. Please do not discard the damaged product(s) and retain the original box and packaging as inspection is often required by the carriers.
- In the case of non-faulty goods returned to us, we reserve the right to deduct the standard restocking fee from any refund issued, or to return the goods to you at your expense.
- IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
- LINKED SITES AND OPTIONAL TOOLS
- Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
- INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
- Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
- Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
- You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
- If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
- WARRANTIES AND DISCLAIMERS
- To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
- We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any Loss, cost, damage or liability that may arise as a result.
- We expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement.
- We do not warrant that the Website, any Linked Site, any of our Device Applications or files available on the site or elsewhere will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by us will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
- The products, information, services, information and advice on live chat and other content provided on and through the Website, any Device Applications or anywhere else, including without limitation any products, information, e-mails, facsimiles, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment.
- The information provided on the Website and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.
- You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
- Our total aggregate liability for any Loss, however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to us for the specific Goods that gave rise to the Loss in question.
- To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect Loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
- You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal or other fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference and in respect of your use of the Website, any Device Application or or your violation of any law or the rights of a third-party.
- JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland and the Federal Courts of Australia.
- If any of these Terms are found to be void, voidable or unenforceable, then that part of them shall be severed from, and will not affect or derogate from, the validity and enforceability of the remaining Terms.
- We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
The following definitions apply to these Terms:-
- Business Days means a week day in which trading banks are open for the transaction of banking business on the Gold Coast, Queensland, Australia.
- Consequential Loss means Loss of expected savings, Loss of use, Loss of opportunity, Loss of profit, Loss of revenue, increased financing costs, Loss arising from delay, or any Consequential, special or indirect Loss or damage, whether or not the possibility or potential extent of the Loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;
- Content has the meaning in clause 7(a).
- Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
- Delivery Agent means any nominated third party delivery or shipping company for us.
- Delivery Fee means the fees charged by the Delivery Agent for the delivery of Goods, as amended from time to time.
- Device Applications means any online store or app-store in which the Goods are contained or advertised for sale in any device (mobile, tablet or otherwise).
- Goods means the goods, services or items offered for sale, described or displayed on the Website.
- GST has the meaning provided by 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.
- Linked Site means the Website or any other site to which the Website links.
- Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority;
- Order means a request by you to purchase Goods from us in accordance with these Terms.
- Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
- Terms means these terms and conditions as well as the information in any Order, as amended from time to time.
- Website means [insert URL].