Terms of Sale
1. ABOUT THESE TERMS OF SALE
- This official Entity Health Australia webstore is operated by Blue Kanga Pty Ltd (ABN: 26 168 826 659), Level 1, 16 Mc Dougall Street, Milton 4064, Australia (“BK AU”, “we” or “us”).
- BK AU is an authorised reseller of Entity Health Pty Ltd (“Entity Health”), and operates the on-line brand store of Entity Health in Australia. The following terms constitute an agreement between you and BK AU, the operator of Entity Health web sites and mobile sites (“Sites”), in relation to the purchase of the goods via the Sites.
- Any reference to Entity Health in these Terms of Sale (“Terms” or “Agreement”) shall include reference to BK AU, where applicable.
- This Agreement sets out the terms and conditions that will apply when you place an order through the Sites. If you are unable to understand, or have any questions about these Terms, please contact BK AU.
- Company information:
Blue Kanga Pty. Ltd – Level 1, 16 Mc Dougall Street, Milton 4064, Australia.
- By using our Sites, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms; otherwise please exit the Sites.
- Entity Health and BK AU make no representation that the information contained on the Sites or that products described or offered on the Sites are appropriate or available for use in your country, or that these Terms comply with the laws of your country. Users of the Sites do so on their own initiative and at their own risk and are responsible for complying with all applicable laws and regulations.
- You agree not to access the Sites from any location or territory where their contents are illegal and that you and not Entity Health or BK AU, are responsible for compliance with all applicable laws and regulations.
- These Terms are effective until terminated by either BK AU or you. BK AU, in its sole discretion, may suspend or terminate these Terms at any time without notice and deny you access to the Sites or any portion of it. You may terminate these Terms at any time by contacting BK AU and discontinuing all use of the Sites. Upon termination by BK AU or you, you must destroy all materials obtained from the Sites including all copies of such materials whether made under these Terms or otherwise. BK AU reserves the right to modify or discontinue, temporarily or permanently, the Sites or any portion of it with or without notice. BK AU is not liable to you or to any third-party for any modification, suspension or discontinuation of the Sites.
- BK AU reserves the right to terminate any account, especially if your order is deemed fraudulent or credit card charges are disputed. You agree that BK AU may terminate or suspend your access to all or part of the Sites, with or without notice, for any conduct that BK AU, in its sole discretion, believes is in violation of any part of these Terms, laws or regulations or is harmful to another user or BK AU, Entity Health or its affiliates.
- Customer initiated order cancellations and changes: You may not make changes or cancel your BK AU product order at any time after making the order.
- Returns / Refunds in case of a damaged or expired product: If you wish to return for a refund a product that is delivered to you by BK AU which is damaged or expired when you receive it, or which does not correspond to the description on the Sites, you can do so by contacting firstname.lastname@example.org.
3. ORDER AND ACCEPTANCE
- Each order submitted constitutes an offer to purchase products. Orders are subject to BK AU’s acceptance and may be refused at BK AU’s discretion, for example in cases where: orders cannot be processed due to an error in information you have provided; there is an error on the Sites relating to the products that you have ordered, such as an error relating to the price or description of the product as displayed on the Sites; or the products that you have ordered are no longer available through the Sites.
- After BK AU receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact BK AU before you try to place another order for the same product.
- If you have any questions, comments or concerns regarding BK AU’s order acceptance policy, or if you consider that your order was rejected in error, please contact BK AU.
4. PRODUCT AVAILABILITY
BK AU will have the right, at any time, to make changes to information about products displayed on the Sites, for example information about prices, description or the availability of products and BK AU may do so without first giving you notice of the changes. The products sold on our site are intended for personal use only, and not for resale, unless you are a pre-approved Entity Health reseller and/or distributor of the Products. We reserve the right to cancel orders that appear for resale purposes.
5. ORDER TRACKING
Tracking for your order may be available as informed by us or separately informed by our third-party logistics vendors. If available, you can track the progress of your order by logging into your Entity Health account.
- Products are may be made available internationally, provided that you agree:
- When you purchase the products, you may be considered the importer of record, and you shall therefore comply with all laws and regulations of your country. You should make sure that the products can lawfully be imported into your country prior to placing your order for the products;
- You are responsible for and shall pay all shipping and handling charges, and such charges will depend on the value of your order and your provided shipping address, amongst others;
- You may also be subject to import and/or customs tariffs, duties and taxes (including goods and services tax, value added tax and such other applicable taxes) (collectively “Delivery Taxes”). Such Delivery Taxes may be levied once a shipment reaches your country. You shall be responsible for and shall pay all such Delivery Taxes for customs clearance. The Delivery Taxes payable and the customs policies vary widely from country to country, if you require please contact your local customs office for further information;
- For shipping addresses in Singapore or Australia, BK AU, its appointed agents or courier partners may collect Delivery Taxes from you and pay them on your behalf. You nevertheless agree that any additional charges for customs clearance shall be borne by you completely; and
- For all other shipping addresses not in Singapore or Australia, our courier partner may pay Delivery Taxes on your behalf, if any. You agree that you will pay our courier partners for the said Delivery Taxes, at the time of delivery. If not, then our courier partner will not be able to deliver the products to you.
- Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate an estimate as possible, BK AU cannot promise that such estimates are indeed accurate.
- Subject to availability, BK AU reserves the right to deliver the ordered products in separate shipments.
- Products delivered to you will become your property at the time you receive it provided that BK AU has received full payment for the products. As soon as BK AU has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.
7. PRICES AND PAYMENT
- All product prices in Australia Dollars (AUD), are estimates and indicative prices only. The product prices on the Sites are converted into your selected currency, and are based on foreign exchange data provided by BK AU’s third-party provider.
- BK AU does not guarantee the accuracy of such currency conversion rates. We endeavour to keep the rates on the Sites updated on a regular basis. You acknowledge and agree that such rates may be subject to change without notice to you and that BK AU shall not be liable and/or otherwise responsible for any changes to the product prices due to a change in the currency conversion rates used on the Sites.
- When making payment, your credit card will be charged in AUD. You understand that this may result in additional charges being made to your credit card (e.g. international transaction fees and/or foreign currency conversion fees) by your payment services provider (e.g. your bank and/or credit card provider). BK AU does not receive, and is therefore not responsible for, any such additional charges made to your credit card.
- Prices shown on the Sites exclude any Delivery Taxes (as defined above) which may be levied in accordance with the laws and regulations of the customer’s country.
- Products and delivery fees are paid in conjunction with the order. The available payment methods are:
- American Express
- If you would like to pay by credit or debit card, BK AU will act solely as the marketer of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit or debit card, the payment method provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the recipient of the payment.
- Purchases will also be possible via certain online payment systems. These services will be offered via the relevant payment partners in accordance with their terms.
8. ENTITY HEALTH MEMBERS PROGRAMME
- Participation: Your participation in the Entity Health Members Programme is effective until terminated by either BK AU or you. Either BK AU or you may terminate your participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to BK AU by contacting BK AU.
- You are only eligible to accumulate credits from the credit rebates (“Rebates”) on purchases occurring during the term of your participation in the Entity Health Members Programme. Unused credits expire 180 days after the date when they are first made available in your account.
- Rebates accumulated by you will only be for and applicable to the currency you have selected at the time when you registered to become an Entity Health member. If you change your selected currency, you shall forfeit your accumulated Rebates.
- Modification and Termination of the Entity Health Members Programme: BK AU may modify the Terms and/or terminate the Entity Health Members Programme at any time and by its sole discretion, by posting a change or termination notice on any of the Sites. Modifications may include, for example, changes in the scope of available Rebates, Rebate schedules, redemption procedures and applicable rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE ENTITY HEALTH MEMBERS PROGRAMME. Your continued participation in the applicable program will constitute binding acceptance of any changes. In the event of termination of the Entity Health Members Programme by BK AU, its obligation is to distribute available credits to you, in its sole discretion, which is to be used towards purchases on the Sites. BK AU’s obligation is limited to a maximum of one month of credits, calculated based on your Rebates for the month prior to the month in which the Members Programme is terminated. BK AU reserves the right to terminate any account if it deems the account is linked to fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the Entity Health Members Programme including, but not limited to, using more than one account.
- Receiving and using Rebates: For the information on how Rebates work under the Entity Health Members Programme, visit the frequently asked questions (“FAQ”) page in the Sites at https://www.entity-health.com.au/faqs/. This page is hereby incorporated by reference and included as part of this Agreement. You represent that you have read the FAQ page and agree to the terms set forth therein.
- Tax information: You will be responsible for any and all tax liability arising from any Rebates you accumulate under the Entity Health Members Programme.
- Legal Participation: By participating in the Entity Health Members Programme, you represent that you are at least 18 years of age. Any misuse of the Entity Health Members Programme, determined by BK AU in its sole discretion, will result in immediate termination and forfeiture of all accumulated credits. All member accounts must be in the name of a living person, not a business entity. Furthermore, accounts are not transferrable and are not eligible for perpetual succession. In the event of the passing of the account owner, contact BK AU and the account will be closed.
9. NOT HEALTHCARE ADVICE
- Entity Health and BK AU do not represent or warrant that the products and claims made about specific products on or through the Sites have been evaluated by the relevant health authority of your country.
- The Sites are not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Sites, including information that may be provided on the Sites directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
- Information provided on the Sites and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Sites, including any product label or packaging, should not be considered as a substitute for advice from a healthcare professional. The Sites do not recommend self-management of health issues. Information on the Sites are not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Sites.
- Links to or access from any third-party websites or resources are not an endorsement of any information, product or service. Entity Health and BK AU are not responsible for the content or performance of any third-party websites. Use and/or reliance of any third-party websites are at your own risk. You should not use the information or services on the Sites to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments and reviews made on the Sites by employees or users of the Sites are strictly their own personal views made in their own personal capacity and are neither claims made by Entity Health and BK AU nor do they represent Entity Health’s and BK AU’s positions or views and are not intended as a substitute for appropriate medical care of advice from a healthcare professional.
- Always check the product label or packaging prior to using any product. If there are discrepancies, you should follow the information provided on the product label or packaging.
- Dietary products are not intended to treat, prevent or cure disease. Entity Health and BK AU make no guarantee or warranty with respect to any products or services sold.
10. LIABILITY TO YOU
- Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which may not be excluded or limited by law.
- Entity Health, BK AU or any of its representatives will not be liable to you under contract (or otherwise) for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill or any loss or corruption of or damage to data arising out of or in connection with:-
- the use or performance of the website or the services thereon;
- the delay or inability to use the website or the services thereon;
- the provision of or failure to provide the website or the services thereon;
- any information, data, software, products, serices and related graphics obtained through the website or the services thereon;
- any reliance on any statement, opinion, representation or information on the website or the services thereon; and
- otherwise arising out of the use or this website or the services thereon.
- Entity Health and BK AU shall not be liable for any failure to perform or for any delay in the performance due to force majeure. For the purpose of this clause, force majeure shall mean any unforeseen event beyond the reasonable control of Entity Health and BK AU such as but not limited to any act of God, act of government or any authorities hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, rainstorms, national emergency, earthquake, res, explosion, flooding, hurricane or other exceptional weather conditions or natural disaster, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, infectious diseases, epidemics as well as travel restrictions or travel warnings due to any such events, In the event of any delay in performance due to any such cause, the date of delivery of the products ordered will be postponed by such length of time as may be reasonably necessary to compensate for the period of force majeure.
11. PERSONAL INFORMATION
- The Sites are governed by the Personal Data Protection Act (2012) of Singapore.
- Entity Health and BK AU make no representation that the Sites or their contents (including, without limitation, any products or services available on or through the Sites) are appropriate or available for use in other locations. You agree you will not use the Sites’ content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12. INTELLECTUAL PROPERTY
- You acknowledge that we own or have license to use all Intellectual Property (as defined below), in and to the Sites, and that you will not acquire any rights, titles, or interests in the same except as expressly provided for in these Terms.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Sites, or document, attempt to recreate, recreate or substitute any of our products through your use of the Sites or our proprietary information related thereto.
- All rights (including the goodwill and reputation associated thereto) in the “Entity”, “Entity Health” and such other name(s) and/or trade marks that are owned and/or used by Entity Health, belong to Entity Health.
- Further to the above you agree that you will not, without prior approval and/or authorisation, otherwise use Entity Health’s Intellectual Property and/or the name(s) owned and/or used by Entity Health.
- In the event that any content and/or Intellectual Property is uploaded by you onto the Sites, then you agree and shall grant to Entity Health a non-exclusive, perpetual and non-revocable license to use any such content and/or Intellectual Property uploaded by you onto the Sites. You further warrant that you are the legitimate owner or otherwise are authorised and have the right to grant such a license to Entity Health.
- In these Terms, “Intellectual Property” shall mean any and all rights (whether registered or unregistered) existing from time to time under patent law, copyright law, trade mark law and such other similar laws (whether in statute or otherwise), and existing in any other proprietary rights.
13. GENERAL TERMS
The contract for sales of our products (i.e. this Agreement and the other terms and conditions incorporated herein by reference) will be solely between you and BK AU and is governed by the laws of Singapore. If any provision of a contract is not valid or legally enforceable, that term will be deleted, and the remaining terms will not be affected.
Nothing in these Terms are intended to exclude, restrict or modify any non-excludable right or remedy a customer may have under law, including the Australian Consumer Law.
The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, shall not apply to these Terms.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, and the parties agree to submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
14. CONTACT BK AU
If you have any questions about these Terms, please contact BK AU at email@example.com.