TERMS OF SERVICE
Welcome to QOTA!
In these terms, we refer to Aussielent Pty. Ltd. ACN 604 313 555 (trading as QOTA) as “QOTA”, “we”, “us”, or “our”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.qota.com.au and www.aussielent.com.au, and any other websites we operate with the same domain names and a different extension (Website).
These terms also apply when you purchase products through the Website (Products).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
· Part A: Terms for when you buy Products (applies when you buy)
· Part B: Terms for when you browse and interact with this Website (applies when you browse)
· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you submit an order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the bottom of this page to see when we last updated these terms.
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DISCLAIMER
Before you buy any of our Products or use any of the functions on our Website, please make you read and understand the below.
(a) Be responsible – You acknowledge and agree that you will use our Products responsibly Please follow all instructions on the use of our Products and do not misuse our Products. Our Products are not intended as a sole source of nutrition or as a total diet replacement.
(b) Children, pregnant person, medical conditions - Our Products may not be suitable for children, pregnant people or anyone who is sick or otherwise has a medical condition - please do not use our Products before you have consulted a doctor.
(c) Not medical advice – You acknowledge and agree that any information contained on the Website, including information displayed or generated via the “Weight Loss Calculator” or “Meal Plans” function, is not medical advice. Do not rely on this information as a substitute for medical advice. Any recommendation provided on our Website (including in our articles and videos, or through our “Weight Loss Calculator” or “Meal Plans” function) is general information only and is for educational purposes only – it may not be suitable for your specific needs.
(d) Results not guaranteed – You acknowledge and agree that you are not guaranteed to, nor do we guarantee that you will, achieve any specific personal or medical outcomes or any results at all by using our Products.
(e) Liability – You are responsible for the use of any of our Products. We are not responsible or liable for any consequences of your use of the Products.
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PART A FOR WHEN YOU BUY PRODUCTS
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) A contract is not formed until we have approved your payment and you receive an email from us confirming that your Order is being processed.
2 ACCOUNTS AND CHECKOUT
(a) You may submit an Order as a guest, or you may submit an Order with an account. If you would like to create an account (Account), you can do this on the Website.
(b) You warrant that any information you provide to us in the course of completing the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest) will always be accurate, honest, correct and up-to-date, and you will not submit any fraudulent email addresses for any purpose.
(c) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(d) You agree to notify us if you detect any unusual activity on your account as soon as you become aware of it.
(e) We may, in our discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3 MINIOR VARIATIONS AND RISK
3.1 MINOR VARIATIONS
We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website however, please note that due to reasonable variations in the manufacturing process as well as the availability of ingredients and materials (including packaging) Products may not exactly match the image on our Website.
3.2 RISK
Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery of your Products to the third party carrier. You must not refuse delivery.
4 SUBSCRIPTION
(a) You may also purchase the Products via a subscription (Subscription). If you purchase the Products via a Subscription:
(i) you will need to choose how frequently your subscription renews (Subscription Period); and
(ii) we will send you a unique temporary link with an expiration time to manage your Subscription (Subscription Link).
(b) You may also choose to create an Account for your Subscription.
(c) Your Subscription will automatically renew at the end of each Subscription Period and during each Subscription Period, you will automatically purchase a set amount of the Products (Subscription Products) which will be shipped to your selected delivery address.
(d) If you would like to:
(i) change the Products included as part of the Subscription Products;
(ii) change the delivery address;
(iii) cancel or suspend your Subscription;
(iv) skip an “order”; or
(v) change the frequency of your Subscription Period,
you can do this at any time before the “cut off” time for your Subscription via the function available on the Website via your Subscription Link. The “cut off” time will be set out on the Website via your Subscription Link.
(e) If you do not make any changes to your Subscription before the “cut off” time, you will be automatically charged for the Subscription Products.
5 PAYMENT
5.1 GENERAL
All prices are:
(a) in Australian Dollars; and
(b) subject to change prior to you completing an Order without notice.
5.2 PAYMENT OBLIGATIONS
You must pay for all Products at the time of placing an Order.
5.3 GST
Where applicable and unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you if we are required to do so by applicable law.
5.4 CARD AND PAYMENT PROVIDER SURCHARGES
We reserve the right to charge additional fees in the event payments are made through certain Payment Providers, and credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
5.5 ONLINE PAYMENT PARTNER
We use third-party payment providers (Payment Providers) to collect payments for Orders, these include Stripe, Afterpay, PayPal and Coinbase. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
5.6 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your Products were purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Products at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
6 AFTERPAY
(a) Afterpay is a payment option which allows you to be able to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information, and their terms and conditions can be found here: www.afterpay.com/en-AU/terms-of-service. Afterpay may be selected as a payment method at checkout.
(b) Our returns and exchange process as set out in clause 9 will apply for Afterpay returns. Please ensure to continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.
7 DELIVERY AND SHIPPING
7.1 DELIVERY
Delivery is included in the price of the Products for delivery in Australia.
7.2 DELIVERY COSTS
We may charge for delivery at any time, despite having not done so previously. If we charge for delivery, delivery costs will be added to the cart at checkout.
7.3 DELIVERY ADDRESS
Please ensure your delivery address is correct. We will ship the Products to the delivery address you provide for your Order. If you have provided an incorrect address, please let us as know as soon as possible. We do not provide refunds if you have provided an incorrect delivery address.
7.4 TRACKING
You will receive a tracking number once your Order has been packed and provided to a third party courier.
7.5 DELIVERY ISSUES
Third party courier terms apply to the delivery of your Order to you. Please let us know if there are any issues with delivery. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not guarantee that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
7.6 INTERNATIONAL ORDERS
We reserve the right to refuse international orders. Delivery is not included in the price of the Products for international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may pay
8 CHANGES TO YOUR ORDER
8.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
8.2 CANCELLATION BY YOU
Once we confirm your Order, your Order is binding and cannot be changed or cancelled by you. If you would like to make any changes to your Order or if you have any other problems with your Order, please contact us using the contact details on the Website. We will use our reasonable efforts to help however we cannot guarantee any changes. However, our refunds and exchanges process in clause 9 may apply.
9 RETURNS AND EXCHANGES
9.1 NO CHANGE OF MIND RETURNS
We do not offer refunds for change of mind. However, if you are unhappy with your Product or if there are any problems with your Product, please contact us using the contact details on the Website.
9.2 DEFECTIVE PRODUCTS
We will offer you a refund where we determine that there is a problem with your Product. The following process applies to any Product you believe has a problem:
(a) If you believe there is a problem with your Product, please contact us using the details provided on our Website with a full description of the problem (including images and/or videos). You must contact us within a reasonable time of receiving your Product.
(b) If we determine that your Product may have a problem, we will request that you send the Product back to us for further inspection, including any packaging included with the Product. We reserve the right to further inspection before deeming there is a problem with a Product.
(c) If we determine in our reasonable opinion that there is no problem with the Product, or the problem is due to the Product passing its ‘best before’ date, fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(d) If we determine that there is a problem with the Product you may request a refund (including shipping costs), replacement or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(e) If you fail to comply with the provisions of this clause 9.2 in respect of Product with a problem, we may, in our absolute discretion, issue only a partial refund or no refund.
(f) Nothing in this clause 9.2 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law including the Competition and Consumer Act 2010 (Cth)
10 PROMOTIONS
(a) We may provide promotional offers such as "buy 2 get 1 free" as well as codes offering a discount for Products (Promotions). Some Promotions will be automatically applied at checkout. For other Promotions, you will need to enter a code at checkout in order to use the Promotion.
(b) A Promotion may not be applied retrospectively. Promotions are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply.
(c) Only one Promotion may be applied to an Order at a time.
11 THIRD PARTIES
11.1 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to your Order, including delivery of your Order;
(ii) procure the Products from third party suppliers;
without further notice to or permission from you.
(b)To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay, damage your Products or are negligent in providing services or goods.
11.2 THIRD PARTY SOFTWARE
(a) We use third-party software Gorgias Inc. (Gorgias) to assist us with customer support and communication. By using our Website and purchasing Products from us, you acknowledge and agree that any personal information and communications exchanged between you and us may be processed and stored by Gorgias in accordance with their terms of service and privacy policy (which are accessible here: https://www.gorgias.com/).
(b)You agree to review and comply with Gorgias' terms of service and privacy policy, which govern their use of your personal information and communications. We are not responsible for any loss or damage that may arise from the use of Gorgias or any other third-party software we may use, and you acknowledge that any such use is at your own risk.
(c) You agree to indemnify and hold us harmless against any claims, damages, or expenses arising from the use of Gorgias or any other third-party software, including but not limited to any claims related to the processing or storage of your personal information or communications by Gorgias.
12 PUBLISHING PHOTOS ONLINE AND ON SOCIAL MEDIA
You may publish images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Aussielent” by watermark, reference, tagging and/or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 12, remove any accreditation to us.
13 RATINGS AND REVIEWS
(a) You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and our service (Review) on the Website.
(b) You must provide true, fair and accurate information in your Review. Ratings must be a true and fair reflection of your opinion regarding a Product.
(c) You may only provide a Rating for a Product you have purchased and write a Review for your own experience about a Product and our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.
(d) You acknowledge and agree that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website, our social media platforms or in any marketing or promotional material, including any newsletters or mail we may send to our existing and potential customers.
(e) We reserve the right to remove or delete any Rating or Review for any reason.
PART B FOR WHEN YOU BROWSE THIS WEBSITE
14 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
15 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written agreement;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to the Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
16 WEBSITE
(a) We do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors and/or defects;
(ii) the Website will be accessible at all times;
(iii) messages or enquiries sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website content.
17 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
18 THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply. Currently these include but are not limited to Recharge, Cartover and Gorgias Inc. (Gorgias).
(b) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
19 THIRD PARTIES
19.1 PLATFORM – SHOPIFY
(a) This Website is powered by a third party platform (in our case, Shopify) and Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here: www.shopify.com/legal/terms.
(b) To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in connection with any fault or error of the Website or any issues experienced in placing Orders.
19.2 THIRD PARTY SOFTWARE
(a) We use third-party software Gorgias to assist us with customer support and communication. By using our Website, you acknowledge and agree that any personal information and communications exchanged between you and us may be processed and stored by Gorgias in accordance with their terms of service and privacy policy (which are accessible here: https://www.gorgias.com/).
(b) You agree to review and comply with Gorgias' terms of service and privacy policy, which govern their use of your personal information and communications. We are not responsible for any loss or damage that may arise from the use of Gorgias or any other third-party software we may use, and you acknowledge that any such use is at your own risk.
(c) You agree to indemnify and hold us harmless against any claims, damages, or expenses arising from the use of Gorgias or any other third-party software, including but not limited to any claims related to the processing or storage of your personal information or communications by Gorgias.
20 SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
21 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contract details on the Website.
PART C LIABILITY AND OTHER LEGAL TERMS
22 INTELLECTUAL PROPERTY
(a) We retain ownership of the Website, all materials on the Website (including the “Weight Loss Calculator” and “Meal Plans” texts, graphics, logos, design, icons, images, sound and video recordings, pricing and downloads) and any intellectual property rights in the Products and reserves all rights in any intellectual property rights owned or licensed to us and not expressly granted to you.
(b) Intellectual property rights owned by us or licensed to us include the intellectual property rights in the name “Aussielent”, the Products including the design, shape, size and colour of the Products, labelling and packaging and images or videos of the Products, the combination of ingredients for each of our Products and “Weight Loss Calculator” and “Meal Plans” on the Website (collectively, Our IP).
(c) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website (including Our IP).
(d) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
23 LIABILITY AND INDEMNITY
23.1 LIABLITY
(a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any goods (including the Products) or services provided by us.
(b) Products sold by us, will only have the benefit of any warranty given, and insurance held, by the manufacturer and in the case where we are considered the manufacturer, any warranty or insurance held by us will only be to the extent required under the Competition and Consumer Act 2010 (Cth).
(c) All other express or implied representations and warranties in connection with Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
(d) Nothing in these terms are intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
23.2 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any goods (including the Products) or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
23.3 INDEMNITY
You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
(a) breach of any of these terms;
(b) use of the Website; or
(c) use of any goods (including the Products) or services provided by us.
24 FORCE MAJEURE
(a) If we are unable, wholly or in part, to carry out an obligation (for example organise delivery of an Order within a certain time) under these terms (other than an obligation to pay money) due to a force majeure event, we will give you written notice of:
(i) reasonable details of the force majeure event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligation.
(b)The relevant obligation will be suspended during the force majeure event to the extent that it is affected by the force majeure event. In the case of a delay in delivery, we will use our best efforts to keep you updated with any new estimated delivery times.
(c) In this clause, a "force majeure event" means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.
25 NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, (in our case) to our contact details on the Website and (in your case) to the email address associated with your Account or if you do not have an account, with your Order (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
26 GENERAL
(a) (Governing law and jurisdiction) These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(b)(Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(c) (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.
(d) (Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(e) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
(f) (Costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
(g) (Entire agreement) These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection with the subject matter of these terms.
27 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or "dollar" is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
Updated 14 April 2023
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