Terms & Conditions
TERMS & CONDITIONS
This website is operated by Thegutco.com.au.
Throughout the site, the terms “we”, “us” and “our” refer to Thegutco.com.au. Thegutco.com.au offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access our website, you read these terms and conditions.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- We strive to ensure that our products are described as accurately and up to date as possible on our website. Where we become aware of the need to update a description, we reserve the right to do so at any time.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
Our Website Services
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are GST inclusive. We reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at the time of purchase in accordance with your address for delivery.
- When you order from us, we require you to provide your name, address for delivery, email, telephone contact and credit card details. We undertake to take due care with this information. However in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission, virus or malware.
- We undertake to accept or reject your order within 3 days. If we have not responded to you within 3 days, your offer is deemed to be rejected. We are not required to give a reason for rejecting your offer to purchase, however the most likely reason is that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel your order (even if our acceptance or rejection of your offer is still pending).
- Legal title to all products purchased on this website passes to you when we receive payment ("Product Sale"). By purchasing, you agree that the relevant Product Sale is to be taken to have occurred and the sales contract formed in Australia and is to be governed by the laws of Australia, notwithstanding the location in which you reside or are located at the time you place your order or make your payment. Following the Product Sale, the transportation of your ordered product to your address for delivery is undertaken by the transportation carrier acting as your agent ("Delivery"). For the avoidance of doubt, Product Sale or Delivery shall not be construed or interpreted as creating any agency relationship between The Gut Co and any person, including you.
- Delivery of your ordered product will be as set out on our website. Our terms of payment are set out on the order page.
- All risk of loss or damage to your ordered product passes to you when we despatch the product.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password and you agree to pay for our services, as set out on our website.
- We reserve the right to suspend or terminate your access to all or any part of our website at any time, including your registration, if you breach these terms and conditions or we believe in our reasonable opinion that you are misusing our website.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price, with incorrect descriptive information or image due to a typographical error, or with a similar oversight, we reserve the right to cancel your transaction.
- Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- We undertake to replace any product delivered to you that is faulty or is in a damaged condition.
- If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage, where we set out our requirements relating to return of such goods.
- If we are unable at the time of return to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only and provided you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, nor of the information, goods or services which they provide.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text is owned or licensed by us.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned or licensed by us. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion ( “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright.
- Whilst we have taken due care in providing the information on our website, we do not provide any warranty either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website, such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material, and we are not responsible for any errors or omissions in such material.
- All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice of your medical or healthcare professional.
- You expressly agree that your use of the Site and any information on or available through the Site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law, The Gut Co gives no express or implied warranties and makes no representations in connection with any information contained on the Site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any health, nutritional, vitamin, supplement or related product you should seek the advice of a qualified medical or health professional to ensure such product is appropriate for your personal circumstances. You should not use or rely on any information on the Site for any purpose including without limitation in connection with the diagnosis or treatment of a medical or health condition. If you have or suspect that you have a medical or health condition you should immediately contact your doctor or qualified health professional.
- The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live, lifestyle and diet, and can therefore not guarantee as to the result that you may experience from using our products
Limitation of Liability
- Certain laws provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these terms and conditions and we breach it, we accept liability for such breach. But, where it is lawful, and fair and reasonable to do so, our liability is limited to the resupply of the relevant product or payment of the costs of resupplying the relevant product.
- To the maximum extent permitted by law, we do not accept liability for any loss whatsoever, including consequential loss suffered by you arising from product/s we have supplied.
Your liability to us
- By accessing our website, you agree to be liable to us for all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website, any breach of these terms and conditions or negligence under the principles applied by the courts.
- These terms and conditions are governed by and construed in accordance with the laws of New South Wales, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- We undertake to take all due care with any information which you may provide to us when accessing our website. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.