Terms and Conditions

Here you'll find our terms and conditions that apply to you when using the site.

  1. User Agreement
    1. By using the nutracarelife.com.au Website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and NutraCare Australasia (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes
  2. Online Purchase and User Requirements
    1. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. You consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
    2. When you make a purchase, you will provide us with personal information including your name, address, valid email address and other required information as per the form on site request. You must ensure this information is accurate and current.
    3. To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
  3. Access and use of the Website
    1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
    2. You must not (or attempt to):
      1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
      2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
      3. interfere (or attempt to interfere) with security-related or other features of our site; or
      4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
    3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
    4. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
    5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other Website linked to or from our Website.
  4. Information on this Website
    1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
    2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
  5. Disclaimer and Liability
    1. NutraCare Australasia aims to give accurate, useful, reliable and up-to-date information on nutrition of the general nature and may amend the content on this site as required. To the extent permitted by law, NutraCare Australasia does not accept any liability or responsibility for claims, resulting from the misinterpretation of the content of this Website, which is never intended to disregard, alter or discontinue professional medical advice and/or treatment. If you are ever unsure about your pregnancy/ health development, concerned about the well-being of your baby or your own health, seek medical advice immediately without delay.
    2. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
  6. Indemnity
    1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement. 
  7. Packaging/ Labelling/ Best Before Date
    1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
    2. We recommend that you read the labels and instructions prior to consumption.
    3. Orders placed via NutraCare’s Online Store will be honoured with products with an expiry date of minimum one month at the very least.
  8. Social Media and Content
    1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook, Instagram page, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
    2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
    3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
      1. you do not have the right to post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;
      6. contains religious or political material;
      7. is indecent, obscene, vulgar, pornographic or offensive;
      8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorised advertising or promotional material;
      10. contains or links to viruses, malware, spyware or similar software; or
      11. impersonates any person or misrepresents your relationship with any person.
    4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
  9. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, licensed, created or obtained for NutraCareLife Australasia. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
      1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
      2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
      3. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication (in text and images) and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include but is not limited to, publishing testimonials on our Website and Social Media and developing your ideas and suggestions for improved goods or services we provide.
  10. Transfer and Assignment
    1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
      1. We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
      2. We shall be entitled to assign the benefit of any agreements we have with you to the third party.

Last updated on 16 February 2021.