Terms & Conditions of Use – Australia
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website voostvitamins.com & shop-au.voostvitamins.com ('the Website') and your relationship with Procter & Gamble Australia Pty Ltd (trading as voostvitamins.com & shop-au.voostvitamins.com ) whose registered office is 4/1 Innovation Road, Macquarie Park NSW 2113 Australia.
The Consortium Clemenger (TCC) (ABN 35 920 946 217), operates this site on behalf of Procter & Gamble Australia Pty Ltd (trading as voostvitamins.com & shop-au.voostvitamins.com ).
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
1. AGREEMENT
By using the Website you agree to be bound by these Terms.
2. AMENDMENTS
We reserve the right to:
(i) update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
(ii) modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. REGISTRATION
You warrant that:
(i) the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
(ii) you are not impersonating any other person or entity.
The products purchased on this Website are for private and domestic use only and are not for re-sale. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
(i) e-mail address: voost@campaign.net.au
4. PRIVACY POLICY
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy, which you can view here.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the Australian Privacy Principles.
5. PROTECTING YOUR SECURITY
The Website employs the latest in Secure Sockets Layer technology from Braintree secure payment gateway to secure our payment systems.
Your purchase is subject to credit card fraud analytic pre-screening which is administered by a third party fraud detection service, Kount. In the event that your purchase from us is under review after the fraud analytic pre-screening process, you may be contacted by The Consortium Clemenger (TCC). The Consortium Clemenger (TCC) may contact you by SMS or by phone call.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort, via our third party vendors, to ensure all orders are thoroughly checked using the information already supplied.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reporting Body which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Australian Privacy Principles.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card account is fraudulently used or is used in an unauthorised manner.
6. COMPLIANCE
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
(i) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
(ii) any material which is defamatory, offensive or of an obscene character
7. INDEMNITY
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. ORDERS
The Consortium Clemenger (TCC) (ABN 35 920 946 217), operates this site on behalf of Procter & Gamble Australia Pty Ltd (trading as voostvitamins.com & shop-au.voostvitamins.com ).
All payment, shipping, postage and refunds are managed by TCC.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. CANCELLATION RIGHTS
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. For the return to be processed, the product will need to be returned in its original undamaged packaging.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
11. PRICE AND PAYMENT
The Consortium Clemenger (TCC) (ABN 35 920 946 217), operates this site on behalf of Procter & Gamble Australia Pty Ltd (trading as voostvitamins.com & shop-au.voostvitamins.com ).
All payment, shipping, postage and refunds are managed by TCC.
All prices shown are inclusive of GST at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained on the website.
12. ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under Australian law you must:
(i) if an individual, be 18 years of age or over; and
(ii) register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms:
(i) affects or limit your rights as a consumer under Australian law; or
(ii) will exclude or limit our liability for death or personal injury resulting from our negligence.
We may not be held liable for unforeseeable damage, or for a total or partial failure to meet our obligations, if this failure results from a case of force majeure or act of third party.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
(i) incompatibility of the Website with any of your equipment, software or telecommunications links;
(ii) technical problems including errors or interruptions of the Website;
(iii) unsuitability, unreliability or inaccuracy of the Website; and
(iv) failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential loss or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
15. DELIVERY
The Consortium Clemenger (TCC) (ABN 35 920 946 217), operates this site on behalf of Procter & Gamble Australia Pty Ltd (trading as voostvitamins.com & shop-au.voostvitamins.com ).
All Voost Subscription Orders qualify for Free Shipping for the first purchase and subsequent subscription orders.
Other orders outside of Voost Subscription Orders purchased on the site may be charged a delivery fee. This will be clearly indicated on site and can be changed at any time
All payment, shipping, postage and refunds are managed by TCC.
Delivery is made by standard post only across Australia. Products are delivered to the delivery address which you gave during the order process. All indicated time periods are calculated in working days. We aim to ship your order within 48 hours upon successful payment of your subscription upon payment being received. Any subsequent delivery will take place every 8 or 12 weeks from the dispatch of your previous subscription order. These shipment dates, and the direct debit date, are specified in the account section on the website. Standard Australia Post process will be followed for missed deliveries, e.g., if you are not home, there is no safe place to leave your delivery, or the product won’t fit in your letterbox. We may not be held liable for consequences due to a shipping delay not caused by us.
16. SEVERANCE
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
17. WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
19. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of New South Wales and any disputes will be decided only by the Australian courts.
20. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant voostvitamins.com and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to voostvitamins.com including the execution of deeds and documents, at the request of voostvitamins.com. You represent and warrant that:
(i) you own or otherwise control all of the rights to the content that you post;
(ii) as at the date that the content or material is submitted to voostvitamins.com, the content and material is accurate; and
(iii) use of the content and material you supply does not breach any applicable voostvitamins.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify voostvitamins.com for all claims brought by a third party against voostvitamins.com arising out of or in connection with a breach of any of these warranties.
21. SUBSCRIPTION TERMS AND CONDITIONS
By subscribing to our Voost subscription service, you acknowledge that you agree to the terms and conditions set out in this clause.
You first must choose the right Voost product for you. You must then choose the frequency at which you wish to receive every 8 or 12 weeks
We aim to ship your order within 48 hours upon successful payment of your subscription upon payment being received.
Any subsequent delivery will take place every 8 or 12 weeks from the dispatch of your previous subscription order. These shipment dates, and the direct debit date, are specified in the account section on the website.
By confirming your order, you are subscribing to a recurring delivery service (every 8 or 12 weeks) until one of the parties decides to terminate this subscription. You acknowledge that this offer commits you to a payment every 8 or 12 weeks and you authorise us to debit the corresponding sum automatically. By logging on to your subscriber account you can:
(i) cancel your subscription up to midnight of the next billing date of your order. If we are unable to process your cancellation, you will be notified via email & will receive one last order.
(ii) Delay your ongoing subscription for up to two months. This can be submitted up to five days before the next billing date for your order (see ‘Subscription Delay’ below for more details) or edit your frequency of delivery for your subscription (from 8 to 12 weeks or vice versa).
(iii) change your bank card information up until the order is generated.
(iv) change your delivery address up until the order is generated.
The cancellation, change of bank card and address requests shall be taken into account immediately if they are made by 23:59 on the day before your next billing date. However, if these modification requests are made on the planned billing day, or the following days, they will only be effective for the next shipment.
Each subscription is classed as a single sales contract for regular delivery of goods, so you are only entitled to receive a refund if you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your order.
The above cancellation policy does not affect your statutory rights. Please see clause 10 above for further information about your right to cancel.
We reserve the right to cancel your subscription at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change the Voost subscription model.
Subscription Delay:
Customers can delay each order (except for the first order) up to a maximum of 2 months. Each delay is equal to 1 month.
The subscription delay count is automatically reset to 2 (capped at 2) upon successful creation of the next subscription order. For example: If the next billing date is 21/01/22 and is delayed by 2 months to 21/03/22, the user will have no more delays available. The next order is successfully dispatched on 21/03/22, resulting in the users delay count then being reset to 2.
Customers are only able to delay their next order up to 5 days before their next billing date.
Customers are able to cancel their delay up to 5 days before their next billing date was, before they submitted the delay request. For example: if the next billing date was 15/02/22 and a 1 month delay request was submitted to make the next billing date move to 15/03/22, the delay request can be cancelled up until 10/02/22 and the billing date would be reverted back to 15/02/22.
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