Terms & Conditions
Create Your Own Supplement (CYOS) TERMS & CONDITIONS
These terms and conditions apply to the use of the Website, including the purchase of goods over the Website. In accessing or using the Website for those or any other purposes, You agree to be bound by and to comply with the terms and conditions. If You do not accept the terms and conditions, You must refrain from using the Website.
In the Conditions:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended;
Conditions means these terms and conditions;
consumer is as defined in the ACL;
goods means the goods supplied by Us to You;
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
Personal Information means any personal information, as defined in the Privacy Act 1988 (Cth) as amended, provided by You via the Website;
User(s) means (a) user(s) of the Website either collectively or individually, as the context requires;
We/Us/Our means Besus Pty Ltd (ABN 88 608 558 032) trading as CYOS Create Your Own Supplement;
Website means any and all of the websites located at http://www.createyourownsupplement.com.au, or any subsequent URL which may replace it; and
You/Your means you as a user of the Website.
We will provide You with access to the Website in accordance with the Conditions.
- AMENDMENTS TO CONDITIONS
We reserve the right to amend the Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by and to comply with the Conditions as amended.
- ORDERING PROCEDURE
You may offer to purchase goods described on the Website for the price specified on the Website.
Your order must contain your name, email address, credit card details and any other ordering information specified on the Website.
Within no later than four days of receipt of Your order, We will at Our discretion accept or refuse Your offer to purchase.
You may cancel an order by email or phone provided that the order has not been dispatched at the time of your contact.
We are not required to give reasons for refusing Your offer to purchase.
If We refuse Your offer to purchase the goods for any reason, neither You or Us will be under any further liability to the other arising out of Your original offer or Our non-acceptance of that offer.
If We have not responded to You within four days, Your offer will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on the Website.
Delivery of the goods to You will be effected in the manner described on the Website.
Title in the goods does not pass to You until payment has been received by Us.
Risk of loss or damage to the goods passes to You upon dispatch.
Payment must be effected in the manner described on the Website. Prices include GST and any other taxes or duties imposed on or in relation to the goods and services.
The goods are offered for sale only to persons who can make legally binding contracts.
- CANCELLATION DUE TO ERROR
You acknowledge that despite Our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, We reserve the right to cancel the transaction, notwithstanding that Your order has been confirmed and Your credit card has been charged. We reserve this right up until the time of delivery of goods to You. If a cancellation of this nature occurs after Your credit card has been charged for the purchase, We will immediately issue a credit to Your credit card account for the amount in question.
Nothing in the Conditions excludes, restricts or modifies any condition, warranty, right or liability implied in the Conditions or protected by law to the extent that such exclusion, restriction or modification would render the Conditions or any provision of the Conditions void, illegal or unenforceable. Further, if You are a consumer, nothing in the Conditions restricts, limits or modifies Your rights or remedies against Us for failure of a statutory guarantee under the ACL. Subject to that:
We do not accept responsibility for any loss, damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of the Website or any linked website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Website;
any term, condition, warranty, right or liability which would otherwise be implied in the Conditions or protected by law is excluded; and
and except in relation to liability for personal injury (including sickness and death), We do not accept liability to You in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by You or which may arise directly or indirectly in respect of goods or services supplied in accordance with or in any way connected with the Website or respect of any failure or omission on Our part to comply with Our obligations set out in the Conditions.
You acknowledge that:
prior to entering into the Conditions You have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of the Conditions and that prior to entering into the Conditions You have availed Yourself of that opportunity; and
at no time prior to entering into the Conditions have You relied on Our skill or judgment and that it would be unreasonable for You to do so.
The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to the Conditions (by virtue of any law relevant to the Conditions) is excluded.
Pursuant to section 64A of the ACL:
this provision applies in respect of any of the goods or services supplied under the Conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this provision will not apply if You establish that reliance on it by Us would not be fair and reasonable;
liability for breach of a guarantee conferred by the ACL, other than those conferred by sections 51-53 of the ACL, is limited:
in the case of goods, to any one of the following as determined by Us:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
in the case of services, to any of the following as determined by Us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- SPECIFIC WARNINGS
ensure that Your access to the Website is not illegal or prohibited by laws which apply to You;
take Your own precautions to ensure that the process which You employ for accessing the Website do not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system and/or mobile device. For the removal of doubt, We do not accept responsibility for any interference or damage to Your own computer system or mobile device which arises in connection with Your use of the Website or any linked website.
Whilst We have no reason to believe that any information contained on the Website is inaccurate, We do not warrant the accuracy, adequacy or completeness of such information, nor do We undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by You upon the accuracy or currency of information contained on the Website.
We do not give you any assurances that any information contained on the Website will be suitable for Your purposes or that it will be error-free. You agree that You will not rely on the any such information or its availability and that any reliance You make will be on Your own independent assessments with the aid of qualified independent advice.
Details contained on the Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Website.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to or alternation of your transmissions or data or of information contained on Your computer system, mobile device or on the Website. We do not accept responsibility or liability of any nature for any such losses which You may sustain as a result of such activity.
- YOUR OBLIGATIONS
You agree not to use the Website for any illegal purpose and agree to use it in accordance with all relevant laws.
You agree not to upload or transmit through the Website:
any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or mobile device;
any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You agree You will not use the Website in any manner:
that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
You agree that in the event that You have any right, claim or action against any Users arising out of that User’s use of the Website, then You will pursue such right, claim or action independently of and without recourse to Us.
You agree to be fully responsible for (and fully indemnify Us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your electronic devises or internet access account.
- OUR RIGHTS
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to You and You acknowledge and agree that We shall not be liable to You or any third party for any modification to or withdrawal of the Website;
change the Conditions from time to time, and Your continued use of the Website (or any part of) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website;
amend, delete and change orders, because of pricing errors or for any other reason.
We will use our reasonable endeavours to maintain the Website. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for whatever reasons.
- THIRD PARTY LINKS
You acknowledge and agree that We are not responsible for any other websites You access by using links on the Website. In particular We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of the Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Your access and/or removing any materials from the Website).
- YOUR DATA
- INTELLECTUAL PROPERTY AND RIGHT TO USE
Copyright, trademarks and all other intellectual property rights in all material or content on the Website (including without limitation text, graphics, logos, icons, sound recordings and software) is owned or licensed by Us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), You agree that You may not in any form or by any means:
copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website;
commercialise any information, products or services obtained from any part of the Website,
without Our prior written permission.
You may however print a copy of any information contained on the Website for Your personal use.
- SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to us. Any information which you transmit to Us is transmitted at your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information. You agree that You will not share Your password, let anyone else access Your account, or do anything that might put the security of Your account at risk. We reserve the right to remove Your username or similar identifier in respect of Your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from Your use of the Website.
- TERMINATION OF ACCESS
Access to the Website may be terminated by Us at any time without notice. Our disclaimer (clause 6) will nevertheless survive any such termination.
You may send Us notices under or in connection with the Conditions:
by post to 21/6 Production Road Canning Vale WA 6155 Australia or
by email via our CONTACT FORM.
As proof of sending does not guarantee Our receipt of Your notice, You must check that You have received an acknowledgement from Us, which will be sent within 3 working days of Our receipt and should be retained by You.
We will send notices to You by email to the email address provided by You.
If any part of the Conditions are held to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by Us of any preceding or succeeding breach of any provision.
- ENTIRE AGREEMENT
The Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of the Conditions. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions save that Your agreement contained in this provision 20 shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.