Terms & Conditions
Terms & Conditions
Digital Services Australia II Pty Ltd. (“Vitable”,” “we,” “us,” or “our”) is glad to welcome you on its website www.vitable.com.au and related domain www.myvitable.com (“the Website”) and Mobile Application (“the Application”). The Website provides you with information about vitamins and dietary supplements (“VDS”) and is a retail store for VDS products (our “Products”). The Website and the Application aims at improving access to VDS products to support health and wellness. The Website and Application’s online store is open 7 days a week, 24 hours a day.
By using the Website, each visitor (“you”, “your”) agrees to be bound by the terms following. Please read them carefully. Your usage of the Website indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions in accordance with paragraph 3.
Giveaway Terms & Conditions
The promoter is Vitable (Digital Services Australia II Pty Ltd), whose registered office is at Level 3, 1-9 Buckingham St, Surry Hills NSW 2010. There is no entry fee or purchase required to enter the competitions. By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions: By entering the competition, entrants give consent to be publicly announced by (for instance via Vitable’s Instagram Story) if selected as a winner. All giveaway competitions are exclusively limited to Australia and Australian residents only unless indicated otherwise.
Multiple entries may be accepted per person. Each giveaway will cease taking entries following a two day period inclusive of the date of posting, or on the date specified in the giveaway publication. Any entries after this period will not be considered. No responsibility can be accepted for entries not received for whatever reason.
The entry must be indicated based on the indication of the giveaway publication, such as commenting on the related Social Media post.
The winner will be chosen at random from the pool of all eligible entries and will be announced on the Vitable Social Media such as an Instagram Story at www.instagram.com/vitablevitamins. The winner will be notified through Social Media Direct Message or email following selection. If the winner cannot be contacted or does not accept the prize within seven days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement at random. The prize is not redeemable for cash.
The winner will need to provide a shipping address, postcode and email address to receive their prize. Any information provided will be used in conjunction with the following privacy policy found at https://www.vitable.com.au/privacy-policy. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or any other social media platform.
1. Information Disclaimer - No medical advice
1.1 Vitable does not provide medical care, medical opinion, medical advice, diagnosis or treatment. All information found on the Website or its links, or contained on any product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure or prevent any disease.
1.2 Consult your health practitioner before starting any diet, exercise, supplementation program, or taking VDS products. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition and/or the interaction of any VDS supplements with medication you are taking. You should include VDS supplements and products (including the Products) when asked by your doctor and/or pharmacist what medicines you are taking.
1.3 To the fullest extent permitted by law, Vitable does not give any express or implied warranties and makes not representations in relation to the accuracy, completeness or reliability of information on this website.
1.4 Always read the Product Information and follow the directions for use. Vitamin supplements should not replace a balanced diet. Please ensure you keep your vitamin sachets out of reach of children.
2. You
By placing an order through our Website, you warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
3. Formation of an agreement
3.1 By clicking on the “I accept” box and placing an order you agree to these terms and conditions and a legally binding agreement is formed between you and Vitable, consisting of your order and these terms and conditions (“Agreement”).
3.2 The Agreement will be ongoing, until or unless your Subscription is cancelled or terminated in accordance with these terms and conditions.
4. Subscription
4.1 You acknowledge and agree that by ordering Vitable Products you enter into an agreement to receive the Products on an ongoing subscription basis (your “Subscription”) every 30, 60 or 90 days, depending on your selection, commencing on the date you place your initial order (“Order Cycle”) after each successful payment, unless you request or accept a change in the frequency of your cycle, or postpone any orders via your Vitable website account, Vitable Mobile App or Customer Service. Order Cut-off is when your next payment is processed ("Order Cut-off"). You will be charged for your initial order upon completing the initial transaction on the Website. Subsequent recurring orders will be charged following the relevant monthly Order Cut-off, without further authorisation from you, unless you have cancelled or otherwise modified your Subscription or delivery preferences in accordance with these Terms and Conditions.
4.2 By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in this Agreement. Unless or until otherwise updated or adjusted in accordance with these Terms and Conditions, your Subscription amount and payment interval are set out on your initial checkout page, confirmation correspondence, and can be accessed using your Login to the Customer login area of the Website.
4.3 You can cancel or pause your Subscription at any time without the need to receive further Products from us, or make further payment to us by sending a cancellation or pause request to us via email ([email protected]).
4.4 You can amend your Subscription at any time either (a) via your Login (as defined under paragraph 5 below) on the Website or Mobile App available on the AppStore and PlayStore; or (b) by sending an amendment request to us via email ([email protected]).
4.5 Where you are amending your Subscription, once you submit your amendment request (either via your Login or by email request to us), you will have access to a confirmation of the details of your amended Subscription, including the Products and any difference in price. If your amendment request is submitted (a) before your order payment is processed, your amended Subscription (ie your amended Products and payment) will take effect at the same Order Cycle; or (b) after the order payment, your payment will be processed, and your Products sent, for that Order Cycle in accordance with your original Subscription and your amended Subscription (ie your amended Products and payment) will take effect the following month.
4.6 Where you are pausing or cancelling your Subscription, your pause or cancellation request must be received before the Order Cut-Off. If your cancellation request is received after the Order Cut-Off, your payment will be processed, and your Products sent for that Order Cycle and your cancellation will take effect the following month.
4.7 If we receive your pause or cancellation request prior to Order Cut-Off it will be effective immediately. If we receive your pause or cancellation request after the Order Cut-Off, it will be effective after delivery of the next order of Products.
4.8 If you cancel or pause your Subscription, you will not be charged a cancellation fee. You can re-subscribe at any time following your pause/cancellation, but we reserve the right not to permit re-subscription.
4.9 We reserve the right to terminate your Subscription at our reasonable discretion at any time and without giving any reasons for our decision. If we terminate your Subscription, you will cease receiving your order of Products effective from the Order Cycle immediately following our termination and we will stop processing your payments.
4.10 By placing an order with Vitable, you accept to be contacted by Vitable during and after the duration of the subscription, via email, SMS, Whatsapp, phone and Mobile App Notifications.
5. Description and use of services and your login
5.1 Through our online recommendation and informative services (“Services”), we help you to create your own selection of VDS products from our Products that we deliver to you in packaged boxes as part of your Subscription.
5.2 Visitors who do not register with us but want to explore the Website do not need a login. Visitors can view all public content on the Website and e-mail us.
5.3 If you wish to make a purchase and register for a Subscription, you must set up a login and account (“Login”). You will be able to do all things that Website visitors can do, and you can also access your personal account information, manage your Subscription and use the Services. Your Login and use of your Login is subject to these Terms and Conditions.
5.4 Vitable is under no obligation to accept any individual’s registration and/or request for a Subscription and may accept or reject any registration or Subscription at its sole and complete discretion.
6. Product descriptions, availability and shipping
6.1 We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and to the extent permitted by law we will not incur any obligation as a result of such change.
6.2 Our packages are shipped via Australia Post or other delivery partners and packages are delivered between 7-10 business days after ordering for Australia, and up to 14 business days for other countries. These time indications are not guaranteed by Vitable and only represent a reasonable general expectation for customers. In the event of shipping delays and/or if any of our VDS Products are out of stock, please expect to be contacted by a representative of the Vitable team.
6.3 Changes to address details and/or delivery instructions must be communicated at least five (5) days before your next order is processed, via the MyAccount section of the Website, or Mobile App, or phone, chat or email to the Customer Service at [email protected].
6.4 If you enter incorrect details, or fail to update your details, including but not limited to, your name, email address and/or delivery address we will have no liability to you if your Products are not delivered to you. We will not issue a refund or replacement in these instances.
7. Our refund policy
7.1 We are not required to provide a refund or replacement if you change your mind in relation
to our Products. But you can choose a refund or exchange if an item has a major problem. This is when the item:
(a) has a problem that would have stopped you from buying the item if you had known about it;
(b)is
unsafe;
(c) is significantly different from the sample or description
(d) doesn’t do what we said it would, or what you asked for.
7.2 If any of these criteria apply, contact [email protected] to request a refund or replacement.
8. Privacy, cookies and security
Your use of our Services may involve the transmission to us of certain personal information (as this term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can find on the Website), which is incorporated into these Terms and Conditions.
9. Copyright
The Website is owned and operated by Vitable. Unless otherwise specified, all material appearing on the Website remains the property of Vitable, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively referred to as the “Content”) as well as the selection, assembly and arrangement thereof. The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws. Vitable grants you a non-exclusive, revocable, non-sublicensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the Website and placing and order with us. Otherwise, you have no rights in or to the Content, and you agree not to use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.
10. Your Content
10.1 Customers may post and/or create content through the Website, the Services or any public Blog, Media and Social Media. That includes but is not limited to, reviews and comments about Vitable (collectively, the “Customer Content”). We cannot and do not review the Customer Content.
10.2 You must not submit, post or display any Customer Content that:
(a) you do not have
permission, right or license to use, upload, and permit use as contemplated by this Agreement;
(b) is
objectionable, offensive, unlawful, defamatory, deceptive or harmful; or
(c) is illegal, fraudulent, or
manipulative.
10.3 We may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us at our sole discretion.
10.4 You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. You, and not Vitable, are entirely responsible for all your Customer Content that you upload, post, e-mail, or otherwise transmit via the Website and the Services.
10.5 You grant us license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.
10.6 You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the Customer Content, including any breach your breach of this clause 10.
10.7 If you have any questions about your Customer Content and/or the content of another of our customers on the Website, you can contact us at [email protected].
11. Limitation of Liability
11.1 These terms and conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including Australian Consumer Law.
11.2 We do not provide warranties of any kind in relation to the Website, the Products, the Content, the Customer Content, and the Services. To the fullest extent permitted by law, Vitable expressly disclaims all warranties, express or implied, of any kind with respect to the Website and the Products and Services sold on the Website, including without limitation that the Website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website; and Vitable, its directors, officers, employees and representatives will not be liable to you for any special, direct, indirect, incidental, consequential or punitive damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Website, the Content, the Products and/or the Services.
11.3 Vitable reserves the right to replace a Product ordered by you with a different Product of the same or greater value to fulfil your order. This may mean Vitable uses a tablet/capsule that may have a different colour, size, shape, taste, texture, smell, coating, and other attributes.
11.4 We reserve the right to make changes, corrections, and/or improvements to the Website and the Services at any time. Without notice we reserve the right to cancel or modify an order where it appears that a Customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
11.7 Further, to the fullest extent permitted by law, Vitable explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. Links to and/or from external third-party sites from this Website are provided for convenience only and Vitable does not endorse or make any warranty with respect to such external sites. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such third-party sites. Third-party sites may be subject to additional fees and separate terms issued by the owner and operator of a third-party site, which will form a separate agreement between you and the relevant owner and operator.
12. Your account obligations
12.1You agree to provide true, accurate, current and complete information, including information about yourself as prompted by the questionnaire and registration form (the “Information”) and maintain and promptly update your Information to keep it true, accurate, current and complete. You can update your Information by emailing us at [email protected]. If we determine that the Information that you provide is not of such nature, we may suspend or terminate your Subscription and Login and refuse any and all current and future use of the Website at our sole discretion and in accordance with paragraph 4.
12.2 You are responsible for maintaining the confidentiality of your password and registration attached to your Login and are fully responsible for all activities that occur under your Login. You agree to immediately notify us of any unauthorised use of your Login or any other breach of security.
13. Behavioural Guidelines
You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose. You will not access or use the Website and the Services to collect any market research for a competing business. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file. You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means.
14. Payment
14.1 Payment for all Products and Services must be by credit or debit card or any other payment
method listed on the checkout page of the Website. Your credit card will be billed as soon as your order is
placed and then monthly on an ongoing basis unless or until your Subscription is cancelled or suspended in
accordance with paragraph. In the event that we cannot fulfil your order, or some items cannot be shipped, we
will refund the difference back to your credit card. These refunds may take several business days to appear on
your statement.
Vitable does not accept money orders, cashier’s cheques, personal cheques or company
cheques.
14.2 Orders will be charged to your nominated payment method:
(a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We
accept Visa, MasterCard and American Express Cards.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment
processing.
(c) It is your responsibility to ensure that the billing address and telephone number you provided – the
address and phone number your credit card bank has on file for you – are correct. Incorrect information may
cause a delay in processing your order.
14.3 Storage of collected information:
(a) Vitable does not collect or store your payment information. All payment information is collected and
stored by the applicable third-party (detailed at paragraph 14.3 (b) below) in order to be processed as
required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on the Website are through secured payment gateways.
We currently use the payment gateways owned and operated by Stripe Payments Australia Pty Ltd A.C.N. 160 180 343, PayPal Australia Pty Limited (ABN 93 111 195 389) and Afterpay Australia Pty Ltd (ABN 15 169 342 947 / ACN 169 342 947)
for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by Vitable or any outside party.
(d) Payments will appear on your bank statement as “Vitable” or “Digital Services Australia II Pty Ltd”.
14.4 Failed payments:
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and
transaction disputes.
(b) If we are unable to debit your payment method, Vitable will re-attempt the payment process up to four times within a four week timeframe.
We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts, even beyond four attempts and beyond four weeks
(c) If your Product was dispatched prior to payment failure, the sale will be deemed to have occurred.
(d) After four unsuccessful payment attempts, your Subscription will be suspended pending correct payment details being provided..
(e) If payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative
means, either directly or through a third-party.
(f) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
15. Price
15.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing Subscriptions and your payment will reflect the revised pricing. You do not need to do anything to accept the change of price. However, you are under no obligation to accept the price revision and if you do not accept the price revision you may suspend or cancel your Subscription in accordance with paragraph 4.
15.2 The current prices of the Products and our delivery charges will be as quoted on the Website, as updated from time to time.
15.3 Product prices and delivery charges include taxes including GST where applicable.
15.4 Delivery may incur an additional surcharge depending on your delivery area and order value. Orders under AUD $30 automatically incur a delivery fee that will be reflected at the checkout, unless otherwise indicated on the Website at the sole discretion of Vitable. Vitable discounts or promotional offers do not apply to delivery fees, unless specified otherwise.
16. Discounts & Vouchers
16.1 We may offer discount promotions and other types of discounts and vouchers (“Discount Voucher”) which require activation by email application in order for the holder to commence delivery of Products through our Services. If paid for, the Discount Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Discount Voucher (“Holder”) when the Holder redeems the Discount Voucher by applying for the provision of our Services to commence. By using a Discount Voucher and applying for the provision of our Services to commence, a Holder signs up for a Subscription in accordance with paragraph 4 and will be required to follow the subscription process on our Website, including entering their payment details.
16.2 A Discount Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Discount Voucher is only valid on the Holder’s first month of the first Product purchase unless specified otherwise (for instance in the case of a multi-month discount and/or an offer eligible for the reactivation of a subscription). After making the first Product purchase using the Discount Voucher, the Holder will be signed up to a subscription in accordance with paragraph 4 and will be required to follow the subscription process on our Website, including entering their payment details.
16.3 Only one Discount Voucher is allowed to be applied per order. A Discount Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a Customer’s account.
16.4 We reserve the right to withdraw or cancel any Discount Voucher (other than a paid up-front gift card) for any reason at any time.
16.5 Discount Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Discount Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Discount Voucher. A minimum spend threshold might be required to be eligible for a discount. An offer must be redeemed within the time limit indicated in its promotion.
16.6 Any discounts attached to Discount Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable).
16.7 Discount Vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
17. Referral Program
Digital Services Australia II Pty Ltd ("we", "Vitable" or "Company") is offering the opportunity to refer someone via the “Referral Program” offered on the Website( www.vitable.com.au
The Vitable referral program allows Vitable Customers (as defined in the Terms of Use) to earn promotional “credits” by referring “physical people” to Vitable monthly subscription service (the “Referral Program”) by sending their "Personal Referral link” or by sharing their “Personal promotional code”. By participating in the Referral Program, you (the “Referrer”) agree to abide by these Referral Program Terms & Conditions (“Terms”) and Vitable’s Terms of Use and Privacy Policy agreed to by you.
17.1 General information
(a) Vitable reserves the right to cancel any suspicious Referral link or Personal promotional code and delete credits from the Referrer account if we discover any inappropriate use.
(b) Referral Links and Personal promotional code must only be used for personal and non-commercial purposes, and only shared with personal connections which include sharing your personal Referral link or Personal promotional code by email or on social media.
(c) Vitable reserves the right to terminate your participation in the Referral Program for any reason or no reason. Further, Vitable reserves the right to close the account(s) of any Referrer and/or Referred Customer if the Referrer and/or Referred Customer doesn’t respect any of these Terms.
(d) Vitable reserves the right to modify or cancel the Referral Program or to change these Terms at any time, at its sole discretion.
(e) In no event will Vitable and any of its partners, investors, or employees be liable for any damages, incidents, expenses, liabilities or detrimental consequences that may arise from the Referral Program.
17.2 Referrer
(a) The Referral Program gives you the chance to earn credits for each Referred Customer.
(b) A “Referred Customer” is defined as a new customer that purchases a Vitable order for the first time on the Website.
(c) To receive the credits the “Referred Customer” has to use a unique Referral link (“discount link”) or Personal promotional code on the checkout page.
(d) When a Referred Customer makes an order using a Referral link or Personal promotional code, the Referrer will receive AUD $30 credited to your account. The credits will be automatically applied to your next order and can only be used to purchase further Vitable products.
(e) The amount of credits per referral and its value can be modified at any time by Vitable, in its sole discretion.
(f) After the “credits” and any other promotions or vouchers, discounts and other price reductions are applied, the purchase of any customer of Vitable, including a Referrer, must have a value of minimum AUD $5. This minimum spend is due to the regulation from the TGA that prevents Vitable from giving away any free sample of therapeutic goods.
(g) If all the Referrer credits cannot be used for a specific order, the credits would automatically be added to the following order, as long as the account is active and the payment is to be successfully processed.
(h) Referrers cannot refer themselves, even using different accounts, or create multiple, fictitious, or fake accounts. If such events occur, Vitable reserves the right to cancel the credits attributed or about to be attributed, and/or any product order(s), and/or the account(s) used.
(i) There is no limitation in the number of Referred Customers.
17.3 Referred Customer
(a) By using a Referral Link or a Personal referral code, the Referred Customer will receive a discount off the amount of the first order(s) of the Vitable subscription.
(b) The use of Referral Link and Personal referral code are only available to first time customers.
(c) By using a Referral Link or a Personal referral code, the Referred customer will sign up to a flexible subscription.
(d) The validity and expiration of any Referral Link or Personal referral code can be edited at any time by Vitable, at its sole discretion.
(e) The amount of the discounted value using a Referral Link or a Personal referral code can be modified at any time by Vitable, at its sole discretion.
(f) The Referral link may only be redeemed through the Vitable website on the checkout page and not through any other website or method of communication.
(g) The Referred Customer can only use the Referral Link or a Personal referral code once.
(h) After applying the Referral Link or a Personal referral code, the order of the Referred Customer must have a retail value of minimum AUD $5. This minimum spend is due to the regulation from the TGA that prevents Vitable from giving away any free sample of therapeutic goods.
18. Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Vitable reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order. If we decline your order, we will refund for the amount paid.
19. Minors
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of the Products, Services and/or any other goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older.
20. Limited purchase quantities
Vitable reserves the right to monitor and limit your purchase amounts of Products at its sole discretion. Vitable reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Vitable will reduce Product(s) to what Vitable considers a non-commercial quantity. Any commercial size quantities should be requested by email to: [email protected].
21. International destination restrictions
The Website only delivers to postal addresses in Australia, New-Zealand, Singapore, Hong-Kong, The Philippines, France, the UK and Malaysia. Orders purchased on the Website cannot be shipped to other international addresses.
22. Transfer of rights and obligations
22.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
22.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
23. Transfer of rights and obligations
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (“Force Majeure Event”).
23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond
our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or
private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
23.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
24. General Information
24.1 These Terms and Conditions constitute the entire Agreement between Vitable and you and govern the use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
24.2 Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
24.3 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
24.4 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
24.5 These Terms and Conditions are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.
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