TERMS & CONDITIONS

Read the terms & conditions of purchase and for the use of smarterhealth.com.au If you can't find the information you need, please use the Contact Us  page.

 INDEX

          1.  Terms of Use

          2.  Buying products from our website

The Smarter Health web site is owned and operated by Blood Health and Nutrition.

By using or accessing this site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then please do not use this site.

1.    TERMS OF USE

GOVERNING LAW

Smarter Health controls and operates this web site from its offices within Australia. Our Terms of Use are governed by the laws of the State of Victoria. You and Smarter Health agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

REVISIONS OF TERMS OF USE

Smarter Health may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

SITE CONTENTS, OWNERSHIP & USE RESTRICTIONS

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Smarter Health and it's related companies.

PERSONAL, NON-COMMERCIAL USE

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

1.      Placing an order with Smarter Health; or

2.      Using this site as a shopping resource, provided that you do not modify the site and that Smarter Health retains all copyright and other proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

PROHIBITED CONDUCT

You are not authorised, without the prior written permission of Smarter Health and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.

No trade mark (whether registered or otherwise) that is contained on this site or otherwise used by Smarter Health may be used without our prior, specific, written permission or that of the trademark owner.

Please note that the permission granted to use material on the site terminates automatically if you breach any of these Terms of Use.

PROTECTING YOUR LOG ON DETAILS

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Smarter Health in connection with any use (whether authorised or unauthorised) of your user name or password. Smarter Health may suspend or cancel your account at any time without prior notice.

SECURITY & PRIVACY

Smarter Health will comply with our Security & Privacy policy. Smarter Health will not reveal your personal information to external organisations except for the purposes of fulfilling your order.

WE CAN USE YOUR FEEDBACK

You grant Smarter Health an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Smarter Health from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

INDEMNITY

You agree to indemnify and will keep Smarter Health indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Smarter Health in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

2.    BUYING PRODUCTS FROM OUR WEBSITE

ORDERING GOODS

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.

Smarter Health may change the prices published on this website at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Smarter Health website, Smarter Health reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order.

PURCHASING & PAYMENT

For each online order, you must pay:

1.      The applicable price for the relevant goods confirmed by Smarter Health; and

2.      The delivery and handling fee specified on the website at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to Smarter Health is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated at smarterhealth.com.au. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Smarter Health.

TITLE & RISK

Title to the goods purchased on this site does not pass from Smarter Health to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.

RETURNS POLICY & REFUNDS

All product returns are subject to Smarter Health’s Returns Policy, which forms part of these terms and conditions.

PRODUCT INFORMATION, PRICES & PHOTOS

Prices and range on smarterhealth.com.au may vary from time to time. Smarter Health aims to include up-to-date pictures and specifications of all of the goods on this website. We recommend you read the labels on the goods carefully before using the goods.

CLEARANCE PRODUCTS

All Clearance products are sold on a No Returns basis as per our Returns Policy, and are subject to these Terms & Conditions of purchase. Clearance products are either new, ex-demo, or have some minor cosmetic imperfection.

Orders are processed on a first-come first served-basis. If we cannot accept your order for any reason, we will notify you by telephone or email.

If your order is unsuccessful because the stock has been purchased by an order prior to yours, Smarter Health is not required to supply you with any alternative products and has no liability to you whatsoever.

DISCLAIMER OF LIABILITY

To the extent permitted by law, Smarter Health will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

1.      The use, copying, or display of the contents of this site.

2.      Goods or services supplied by Smarter Health under these Terms of Use.

3.      A failure or omission on the part of Smarter Health to comply with its obligations under these Terms of Use.

DISCLAIMER OF WARRANTY

Smarter Health is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site. Smarter Health and its related companies, affiliates, and their respective directors,employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services).

To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Smarter Health expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

LIMITATION OF LIABILITY

Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:

1.      In the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this.

2.      In the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

3.      The amount paid by you (if any).

RIGHTS WE CANNOT EXCLUDE

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.

TERMINATION

Your ability to purchase goods from this site may be terminated by Smarter Health at any time without notice.