TERMS AND CONDITIONS
Vitaco Health Australia Pty Ltd (bodytrim®) provides its services to you subject to the following Terms and Conditions. If you purchase membership or products from the bodytrim® website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.
The contents of this site, including the text, graphics, images, information obtained from bodytrim® content providers are to be used for informational purposes only. The information presented on this site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
1 Purchasing bodytrim® products
1.1 Bonus program offer
The bonus 12 week mybodytrim program offer entitles you 12 weeks access to the mybodytrim® online program. You must register online using the unique code available when you purchase bodytrim® meal replacement shakes during the promotional period. The 12 week period commences on the day that you register and activate your mybodytrim account and concludes at the end of the advertised period.
1.2 Upfront purchases
When you purchase membership to the mybodytrim online program upfront rather than participating in the bonus offer, you will be charged the advertised purchase price and will receive immediate access to the mybodytrim online program for the advertised period.
2 Payment methods
All transactions are displayed and processed in Australian dollars, unless stated otherwise.
The payment methods we accept are described on the website. We may apply a surcharge from time to time for the use of certain credit cards and we will notify you of this surcharge at the time of payment. We may change the types of payment methods that we accept as payment at our absolute discretion.
When registering for mybodytrim membership you expressly consent to be added to our database and to receive promotional and other marketing material from us.
4 Ordering procedure
When you purchase membership for the mybodytrim online program or place an order to purchase bodytrim® products you are making an offer to us. No contract for the purchase will come into existence until we have reviewed and accepted your order and payment has been successfully processed. We may decline your order at our absolute discretion.
5 Cancellation of orders
Membership to the mybodytrim online program can be cancelled at any time by contacting our customer service team: 1300 724 455
We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms and conditions or if your payment has been declined or dishonoured by your financial institution.
While we endeavour to avoid pricing and other errors, errors may occur from time to time and we may also cancel an order that we have previously accepted in such circumstances.
Unforeseen supply problems or unexpected demand may occasionally result in certain bodytrim® products being unavailable. If this occurs, you may cancel your order at any time prior to the bodytrim® products being shipped to you by contacting our customer service team.
Prices displayed on the bodytrim® website exclude shipping costs. You will be notified of any shipping and handling costs prior to your order being finalised. We deliver products Australia-wide using Australia Post and other contracted agents.
7 Returns Policy
You’re entitled to a replacement or refund of the purchase price for any bodytrim® products, excluding postage and handling, if you are not satisfied with the product for any of the reasons outlined below and:
- It was purchased directly from us; and
- If requested to do so, the original contents including the packaging are returned to us at the address specified by our customer service representatives together with the Returns Authorisation Code (explained below).
You are responsible for any return postage costs. All returned bodytrim® products must be received within 14 days of the Returns Authorisation Code being issued, otherwise no refund will be issued.
We accept no responsibility for returned bodytrim® products that are lost in transit. We do not accept ‘return to sender’ deliveries.
Any bodytrim® products which show obvious manufacturing defects must be notified by calling our customer service team on 1300 724 455 within 5 business days from receipt.
Bodytrim® products damaged (evidenced via photo) in transit must be reported by contacting customer services within 2 business days of their receipt quoting the packing slip or invoice number.
This returns policy does not apply to memberships in the mybodytrim online program. This returns policy is provided in addition to, and does not limit any rights you may have under, the Australian Consumer Law.
Returns Authorisation Code
When you notify us in writing of your intention to return bodytrim® Products, a Returns Authorisation Code will be issued by our customer service representative. All relevant sales details are required to process your request such as the name of the person who purchased the bodytrim® products, credit card details and address the bodytrim® products were sent to. The Returns Authorisation Code is required to be quoted on all returned bodytrim® Products.
8.1 Warranties given by you
8.2 Warranties given by us
We warrant that the mybodytrim online program and all bodytrim® products will comply with any descriptions provided on the bodytrim® website.
While we endeavour to provide a convenient and functional website, we do not guarantee that your requirements will be met or that your use of the bodytrim® website will be uninterrupted, error free or that the bodytrim® website or the server from which it is hosted are free of viruses or other harmful components; and we will not be responsible for any loss, corruption or interception of data sent to or from the bodytrim® website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
Nothing in these Terms and Conditions excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include provisions of the Competition and Consumer Act 2010 (Cth), corresponding provisions of Australian state or territory legislation which operate to protect the purchasers of goods and services in various circumstances.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms and Conditions, the bodytrim® website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the greater of: AU$100; and the amounts paid by you to us as a result of the purchase/s. In calculating our liability the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.
9 Licence to use the content on the website
This website is protected by copyright and other intellectual property rights owned or licensed by us from time to time.
We grant you a limited, non-transferable licence to access and use the bodytrim® website solely for your personal, non-commercial purposes. You are expressly prohibited from publishing, adapting, communicating to the public, distributing to third parties, amending, reprinting, making any other copy or electronically reproducing any part of the content on the bodytrim® website without our prior written consent.
10 Warranty regarding use of the bodytrim® website
The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from Vitaco Health Australia Pty Ltd and information submitted to or accessed via the bodytrim® website may not be secure and you should use discretion in deciding what information you send to us via these means.
Emails to/from Vitaco Health Australia Pty Ltd may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
To the maximum extent permitted by law, we will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of this website or the use or reliance on information contained on or linked to from this website. Further, we do not endorse or accept any liability for the contents of any website referred to on, or linked to from this website.
This site may contain links to other web sites and may on occasion display content or information from other web sites within frames, we are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.