Terms and Conditions
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Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below: · Our liability under these terms is limited as set out in clause 9. Nothing in these terms limit your rights under the Australian Consumer Law. |
1 Introduction
(a) This website (Site) is operated by Integria Healthcare (Australia) PTY Ltd (Company Number 096 496 212), represented as Akaure (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
2 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
3 Accounts
(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history and to collect loyalty points.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
(d) Your account password will be a single-use password sent to your email each time you log in. Passwords are not stored or reusable.
4 Orders
(a) All of the products on the Site are subject to availability. Where your products are not available, your order will not be fulfilled.
(b) We may, at our absolute discretion, refuse to fulfil any order. If we cannot fulfil an order, we will promptly notify you via email and we will not charge you for any unfulfilled orders.
(c) Each time your order is confirmed on the Site, and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, a description of your order, and a tax invoice.
(a) You will be charged the Price for your order by completing a transaction on the Site.
(b) The Price displayed is in Australian dollars, except where you choose to have the Price converted to your local currency. You acknowledge and agree that the exchange rate used is as at the time of checkout, and is subject to change.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Shopify Payments, Apple Pay and Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) Depending on your delivery location, you may need to pay custom charges or taxes in addition to the Price.
(f) We may from time to time issue promotional discount codes for certain products on the Site.
(g) To redeem the promotional discount code, you must enter the code at checkout, and the discount will be applied to your order.
(h) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
6 Delivery, title and risk
(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) We deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises or local post office.
(c) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(d) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
7 Rewards
(a) Loyalty Program
(1) By creating an account on our Site, you will automatically be enrolled in our loyalty program where you will earn 1 point for every $1 AUD spent on qualifying purchases.
(2) Points can also be earned in other ways as specified on our site, such as creating an account when you make your first purchase, following us on social media, adding your birth date to receive an emailed promo code on your next birthday, or uploading product reviews.
(3) For every:
a) 250 points accumulated, you will be eligible for a $20 AUD loyalty voucher (Loyalty Voucher); OR
b) 500 points accumulated, you will be eligible for a $50 AUD loyalty voucher (Loyalty Voucher).
(4) To redeem a Loyalty Voucher, log into your account, navigate to the Loyalty page, and click the "Redeem Points" button to generate a personal discount code.
(5) You can track your current points balance and any active Loyalty Vouchers in your online account Loyalty page.
(6) Points expire 12 months from the date they are earned. Loyalty Vouchers do not expire.
(7) Only one promotional code, including Loyalty Vouchers, can be applied per order.
(8) Points will be retroactively credited to your account for any previous orders using the same email address.
(9) In the event of refunds, any points awarded will be deducted from your balance proportional to the refund amount.
(10) We reserve the right to modify or cancel the loyalty program at any time in our sole discretion.
(b) Refer a Friend
(1) We operate a "Refer a Friend" program where you can earn bonus loyalty points by referring new customers to our Site.
(2) To refer a friend, log into your account and navigate to the "Refer a Friend" section. You can then enter your friend's email address. We will send them an email invitation on your behalf to shop on our Site.
(3) Your friend may then create an account and place their first order using the unique referral link provided in the invitation email.
(4) Once your referred friend places their first order as a new customer, you will earn loyalty points (at an amount specified on our Site) which will be automatically added to your account.
(5) There is no limit on how many friends you can refer.
(6) The friend you refer must not have an existing account or have previously placed an order with us in order for you to earn the referral points. We reserve the right to deny or revoke referral points at our sole discretion if we suspect any abuse of this program.
(7) Referral points earned expire 12 months after being awarded.
(8) Please note that to protect privacy, we will not identify which of your friends has made a qualifying purchase or disclose any of their order details to you. We will simply credit your account with the referral points.
(c) Points and vouchers (including Loyalty Vouchers) have no cash value and cannot be transferred or sold. Additional terms and conditions may apply.
(d) For more information, please see our ‘Loyalty FAQs’.
8 Australian Consumer Law
(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(d) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
(e) All missing and damaged queries will need to be raised with Customer Care. Items confirmed to be damaged in transit or missing upon delivery will be refunded or replaced provided the requested claim information is provided with valid proof of purchase. Remember that we require notice within 14 days from delivery of the goods. If your claim relates to a consumer guarantee, the timeframe to claim does not apply. Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
9 Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis having regard to the amount of the Price paid and the period of time)
(b) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.
10 Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
11 Content you upload
(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(g) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
13 Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
Integria Healthcare (Australia) PTY Ltd (Company Number 096 496 212)
Email: privacy@integria.com
Last update: 26 June 2024