Terms of service
Welcome to www.acrohealth.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 Acro Health Pty. Ltd. (ACN 679 162 120) 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 the 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 use of the Site means that you have accepted any updated Terms.
## ELIGIBILITY
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.
## PRODUCT INFORMATION
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, PAYMENT, DELIVERY AND RETURNS
### 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 dispatch 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 dispatched to You by sending You an email confirmation. This email confirmation is evidence that We dispatched 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 must be made by electronic funds transfer or through PayPal, Sezzle, LayBuy, 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.
### Online Voucher & Promotional Codes
All online voucher/promotional codes are for online use only. A limit of one code is valid per customer, per transaction. Voucher/promotional codes cannot be used in conjunction with any other voucher/promotional codes and offers. This means that they cannot be used in conjunction with recurring orders and subscriptions, which are already discounted. We have the right to limit and/or decline a transaction if it does not meet the Terms and Conditions. During times when we are on sale, voucher/discount codes may be turned off.
### Delivery
Orders will usually be dispatched 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.
## ACCESS
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 the 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, trademarks, 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-license 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.
## USE
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 use (or attempt to use) the Site: (a) to engage in any activity that is illegal, fraudulent, offensive or defamatory; (b) to interfere with, disrupt, or create an undue burden on the Site (or the servers and networks that are connected to the Site); (c) to facilitate any form of commercial solicitation or the distribution of spam or any harmful code or virus; (d) to monitor or copy the Site (or the Content) without Our prior written permission; (e) in any manner that we reasonably consider to be contrary to Our business interests.
You must take Your own precautions to ensure that the process that You employ for accessing the Site does not expose You to the risk of viruses, malicious computer code or other forms of interference that may damage Your own computer system. We do not accept responsibility for any interference or damage to Your computer system which arises in connection with Your use of the Site or any linked website.
## USER CONTENT
You retain ownership of any information, data, text, graphics, photographs, videos, trademarks, logos, sounds, music, audio clips, artwork, computer code, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through the Site that You submit, post, transmit, share, store or otherwise make available on the Site or to Us (“User Content”).
By making any User Content available to Us, You grant Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sub-licensable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for any purpose without any payment or compensation to You or any other person. To the extent permitted by applicable law, You also irrevocably consent to Us (and Our successors and assigns) doing (or omitting to do) any act in respect of the User Content that may otherwise infringe Your moral rights.
## PRIVACY
Our Privacy Policy explains how We will handle Your personal information. By using the Site, You consent to Us collecting, holding, using and disclosing Your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. If You have any questions about the privacy of Your personal information collected by Us, please contact us at hello@acrohealth.com.au.
## INTELLECTUAL PROPERTY
The Site and all Content on the Site are the property of Acro Health Pty Ltd, Our affiliates, or Our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws. Except as expressly set out in these Terms, You do not have any right, title or interest in or to the Site or any Content on the Site.
You must not copy, reproduce, republish, frame, download, broadcast, transmit, make available to the public, modify, re-use, reverse engineer, decompile, or disassemble any part of the Site or any Content on the Site, in any form or by any means, except as expressly authorised by Us in writing or otherwise permitted by law. If You wish to seek such permission, please contact us at hello@acrohealth.com.au.
## DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED;
- WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE (OR ANY CONTENT ON THE SITE) IS FREE FROM ERROR OR WILL BE AVAILABLE WITHOUT INTERRUPTION OR THAT THE PRODUCTS WILL BE SUITABLE FOR YOU;
- WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION TO YOUR USE OF THE SITE;
- WE DISCLAIM ALL LIABILITY FOR LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY CONTENT ON THE SITE OR ANY ORDER YOU PLACE WITH US;
- OUR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF YOUR USE OF THE SITE AND/OR YOUR PURCHASE OF ANY PRODUCTS FROM THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE, OR OTHERWISE IS LIMITED TO THE VALUE OF THE PRODUCTS PURCHASED BY YOU IN THE ORDER GIVING RISE TO THE LIABILITY.
## INDEMNITY
You agree to indemnify and hold Us (and Our affiliates, officers, agents, and employees) harmless against any claims, actions, proceedings, losses, damages, liabilities, costs or expenses (including reasonable legal fees) arising out of or in connection with: (a) Your use of the Site; (b) any breach by You of these Terms; or (c) Your breach of any applicable law or infringement of any person’s rights.
## LINKS TO OTHER WEBSITES
The Site may contain links to third-party websites. We do not endorse or approve the operators of, or the information, graphics and material on, those third-party websites. Your access to third-party websites is at Your own risk and We will not be liable for any loss or damage that You may suffer as a result of Your access to those third-party websites.
## TERMINATION
We may terminate or suspend Your access to the Site and/or refuse to sell any Products to You at any time without notice if You breach any term of these Terms, if You misuse the Site or if We reasonably suspect that You have or will do so.
If you have any questions about these Terms and Conditions, please contact us at hello@acrohealth.com.au.