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Welcome to www.podandco.com.au (the “Site”)
The following terms and conditions (“Terms”) form a legally binding agreement between you, as the person accessing and otherwise using the Site (“You”, “Your”) and Pod & Co Pty Ltd (ABN 26 645 064 464) and its affiliates, as the creator of the Site (“We”, “Us” or “Our”). In accessing or using the Site, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must leave the Site, and refrain from accessing or using the Site in future.
We reserve the right to update these Terms from time to time without notice. However, any updated Terms will be posted on the Site and it is Your responsibility to review those updated Terms before continuing to access or use the Site. Your continued used of the Site means that you have accepted any updated Terms.
By using the Site, You represent and warrant that You are at least 18 years old and that, in any case, You have the permission of a parent or guardian if You are less than 18 years old. Parents and guardians of Users under the age of 18 must read and agree to be bound by these Terms, and agree to be responsible for such use of the Site and the purchase of any products advertised on the Site (“Products”).
If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.
While we use reasonable measures to ensure the accuracy and currency of any Product descriptions, pricing and other information concerning the Products published on the Site (“Product Information”), We cannot guarantee that any Product Information is complete, current, accurate, reliable or free from error or that the Products are suitable for You.
WE RECOMMEND THAT YOU SEEK THE ADVICE OF A MEDICAL PROFESSIONAL WHEN CONSIDERING A NEW NUTRITIONAL OR HEALTH PROGRAM AND BEFORE PURCHASING OR CONSUMING THE PRODUCTS. NOTHING INCLUDED ON THE SITE IS INTENDED FOR MEDICAL TREATMENT OR DIAGNOSIS.
Orders
When You place an order to purchase a Product from the Site (“Order”), You will be required to provide Your full name and exact billing address, among other important information. Please ensure that any information You provide to us is accurate and complete, to avoid delays in fulfilling Your Order.
Your Order represents an offer to Us to purchase the relevant Products for the price of those Products (together with all delivery fees and taxes), which will be accepted by us when we despatch the Products to You.
We may cancel the whole or any part of an Order (including any Orders that We have accepted) at any time without any liability to You in Our absolute discretion, including without limitation, if: (a) any Product in the Order is not available; (b) there is an error or omission in the price or description of any Product in the Order or on the Site; (c) We reasonably believe You are in breach of any term or condition of this Agreement; or (d) payment in respect of the Order is unable to be processed. If We cancel all or any part of Your Order, We will endeavour to notify You within a reasonable time and will refund any payment received.
We will confirm that the Products have been despatched to You by sending You an email confirmation. This email confirmation is evidence that We despatched the Products to You, and that the contract between us has been formed in relation to the sale and purchase of those Products specified in the email confirmation.
Payment
We will charge You, and You agree to pay, the price of each Product ordered on the Site applicable as at the date you place Your Order, together with all delivery fees and taxes. Prices for Products and estimated delivery charges are shown on the Site at the time You place Your Order and are exclusive of all taxes, duties, levies or tariffs that may be imposed. All prices are quoted in Australian dollars. We reserve the right to change these prices and delivery charges from time to time without notice.
Except where you use the AfterPay payment method, You must pay the full purchase price for each Product ordered in Australian dollars at the time You place the Order.
All payments are must be made by electronic funds transfer or through PayPal, Sezzle or AfterPay. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
You agree that We may, in the process of validating or verifying Your identity or payment, contact You and request such information as we reasonably require.
Delivery
Orders will usually be despatched from Our warehouse within 48 business hours. While we use our reasonable endeavours to effect delivery by the estimated delivery times shown on the Site, We make no warranty as to the time of delivery or the availability of any Products and are not responsible for any delays in delivery.
The risk of loss or damage to the Products passes to You when the Products leave Our warehouse. Ownership of the Products will only pass to You when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
Returns
We may, in Our sole discretion, accept the return of an unopened Product to the following address:
PO BOX 162,
Collaroy Beach,
NSW 2097
You can request permission to return a Product by contacting Us here. Please include your Order number, item description and reason for return. If a return is accepted, we will either refund the cost of the Product or send a replacement. We will cover the freight costs of the return if the reason for the return is that the Product is defective or We otherwise agree. Otherwise, You will be responsible for the freight costs of the return.
Subject to applicable laws, please note that We will not accept the return of a Product if:
+ you do not notify us within 14 days of receipt that the Product is defective or that the wrong Product has been despatched; or
+ the Product has been opened; or
+ the reason for the return is that You have changed Your mind or made a mistake in Your Order (even if the Order has not shipped yet); or
+ the reason for the return is that there has been a sudden change of price due to exchange rate fluctuation.
The use of the Site and/or the purchase of Products may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on the Site.
By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Access to the Site is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of the Site without notice. We will not be liable if, for any reason, the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Site. You are also responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms, and that they comply with them.
Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use (i.e. to download and display locally) any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through the Site (“Content”) solely to enable You to purchase the Products and enjoy the benefits of the Site as intended by Us under these Terms. Any use, reproduction, modification, distribution, sale, sub-licence or storage of the Site (and any Content) for any purpose other than using the Site in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to the Site to any third party or otherwise use the Site for the commercial benefit of any third party.
You must ensure that Your access to and use of the Site is not illegal or prohibited by any applicable laws. You are responsible for anything You do, send or post on the Site. You must not send or post anything that is offensive, infringes any person’s rights, is against any applicable law, or which We think is inappropriate. We may remove from, or refuse to display on, the Site anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.
You must not violate the security of the Site in any way. We may suspend or cancel Your account or Your access to the Site if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity.
We do not claim ownership of any written posts and comments or other information You provide to Us in accessing and using the Site (including in registering for an account or buying a Product) (“User Content”). You (or Your licensors, as applicable) will continue to own any and all intellectual property in such User Content. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute such User Content. You are also giving Us the right to use the name submitted in relation to the User Content. You guarantee that you own or have full control over the rights to the User Content that you have posted. This right continues even if You no longer use the Site.
We will only use User Content for the purposes of providing the Products and services advertised on the Site (including processing your order); for operating, promoting or improving the Site; for informing you of special offers or products that you may be interested in; for developing other products or services; and for any other purposes set out in Our privacy policy. This means, for example, that We might use this information to compile statistical information for use in marketing the Products or the Site, to make improvements to the Products or the Site, or to develop complementary products or services. Your telephone number may also be added to our delivery label to facilitate delivery of Products to You.
We will use, store and handle any personal information You provide to Us in accordance with the requirements of the Privacy Act 1988 (Cth) and Our privacy policy which may be accessed here.
If You would like to know more about how We use, store or handle Your personal information, please contact Us here.
Electronic Communications
By accessing and using the Site, You consent to receiving electronic communications from us from time to time, some of which may advertise products and services that We think may interest You. For more information on??
Our Intellectual Property
We, and Our licensors (as applicable), own all intellectual property rights in and to the Site (including any updates, enhancements and new features), the Products, and any Content (“Our Intellectual Property”). You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property.
The Site, and the Content, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
If You use Our Intellectual Property in breach of these Terms, Your right to use the Site will cease immediately.
DISCLAIMER AND NO WARRANTIES
You acknowledge that the Site is provided on an “as is” and “as available” basis, and that, to the fullest extent permitted by law, We expressly disclaim all express and implied warranties including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, title and non-infringement.
While we use reasonable measures to ensure the accuracy and currency of any Content, We cannot guarantee that any Content is complete, current, accurate, reliable or free from error.
As there are many factors beyond Our control that may affect the performance or compatibility of the Site with certain software or hardware, We cannot promise that Your use of the Site will not be interrupted, or that the Content or the Site is free from virus or error or defect, or that errors or defects will be corrected.
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.
LIMITATION OF LIABILITY
By accessing and using the Site, You assume all risks associated with such access and use. You agree not to hold Us responsible for things other users of the Site post or do.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from Your use of the Site or the Products or Your reliance on the Site or the Content (including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the value of any Product orders You placed through the Site, or (if we choose) Us providing the relevant service again.
To the extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Site or any Content, service, site or link displayed on or accessed through the Site.
If You are a consumer resident in Australia, nothing in these Terms restricts, limits or modifies Your rights or remedies against Us for failure to comply with a statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended.
INDEMNITY AND RELEASE
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from any breach of these Terms by You.
You must bring a claim against Us in relation to any loss suffered or incurred by You in connection with Your use of the Site or the Products within one year of such claim arising. If you fail to do so, We (and each of Our directors, employees and agents) shall be deemed to be released from any and all liability in respect of such claim.
LINKS TO OTHER WEBSITES
In using the Site, You may come across links or references to external service providers, merchants or suppliers. We do not endorse, warrant, guarantee or make any promises about any information, products or services they may supply to You. Any transactions You have with these service providers are between You and them, and We do not get involved.
By accessing external website links to third party service providers and other sites through the Site, We do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for any loss or damage that may arise from Your use of, or engagement or transaction with, any third party service providers.
TERMINATION
We may suspend Your access to the Site (or any part of the Site),or terminate Our agreement with You and Your access to the Site, if We reasonably consider that You are in breach of any provision of these Terms. We may, at Our discretion, terminate Our agreement with You and Your access to all or part of the Site without the need to provide reasons.
MISCELLANEOUS
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
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