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VBreathe

Terms & Conditions

VBreathe Pty Ltd

The website https://www.vbreathe.com (Website) is owned, published and managed by VBreathe Pty Ltd ACN 614 372 628 (our, us or we).  When you use the Website or place an order for any products sold on our Website (Products) with us, you accept and agree to be bound by these Website Terms and Conditions (Terms and Conditions).  Please read them carefully.  If you do not agree to these Terms and Conditions, you should immediately exit the Website and you must not place an order with us.

1               Limitations

1.1           We do not make any warranty or representation with respect to the effectiveness of any Products with respect to the treatment of any medical condition.  You should always seek the advice of a qualified medical practitioner, qualified pharmacist or other qualified health provider for all medical evaluation, diagnosis and treatment.

1.2           All information on the Website is for information purposes only and is often in summary or aggregate form. It is not intended to be, nor is it a substitute for medical evaluation, diagnosis or treatment (whether that treatment is for symptoms or to prevent illness or disease) of any sort.

1.3           Any views, opinions or findings, news or information items or other publications on or accessed from the Website are those of the respective authors and do not necessarily reflect the view, opinions or findings of us or any of our Affiliates.

1.4           The content of the Website is subject to change at any time without notice.

2               Registering with us

2.1           To purchase Products, you must register with us.

2.2           To register with us, you must be at least 18 years of age and be able to enter into legally binding contracts.

2.3           When registering with us, you:

(a)            must not create an account for anyone other than yourself or misrepresent an affiliation with another person or entity; and

(b)            must ensure that the information you provide to us is at all times accurate, complete and up to date.

2.4           If you register with us, you:

(a)            must not provide your account details (including your password) to any other person or do anything that may impact on your security;

(b)            are responsible and liable for all communication sent and orders placed using your account; and

(c)            must notify us immediately if you become aware at any time of a breach of your account.

2.5           Your login is intended to be used only by you and your authorised representatives.  You must not disclose your login details, in particular your password, to anyone other than a person who you authorise to place and order on your behalf. You must ensure that your login details, in particular your password, are kept confidential and secure at all times.  You must immediately change your password if you become aware of or suspect that any person who is not authorised to place orders has knowledge of your username and password.

3               Ordering Products

3.1           You may order Products from the Website by selecting and submitting an order through the Website.

3.2           Any order you place through the Website for a Product or Products is an offer by you to purchase the particular Product or Products for the price specified (including the delivery and other charges and taxes) at the time you place the order.  Receipt of an order confirmation in electronic or any other form is no acceptance of your offer to purchase Products from us.

3.3           Each order you place for a Product or Products that we accept results in a separate binding agreement between you and us for the supply of that Product or those Products.  For each order accepted by us, we will:

(a)            supply the Product or Products in the order in accordance with these Terms and Conditions; and

(b)            send you a confirmation of that order to the email address that you specify.

3.4           We aim to process your order within 2 Business Days of your order being placed (excluding pre-orders). Please note, this time frame can change based on peak sale periods and holidays. If your order will take longer than the 2 Business Days to be processed, you will be contacted via the email used to place your order.

3.5           We reserve the right, at any time and without providing a reason, to:

(a)            accept or decline your order without giving a reason; 

(b)            monitor and limit the quantity of any Products to be purchased per account;

(c)            restrict or refuse delivery to destinations outside Australia; 

(d)            supply a smaller quantity or supply some but not all of the Product or Products ordered; and

(e)            require additional verification of your identity or information from you before accepting your order.

3.6           If we decline an order or provide a smaller quantity of Products than the quantity of Products you ordered, and you have already paid for the order, we will refund the amount owing to you to your original payment method.

3.7           You may request to cancel an order by contacting us at any time prior to the dispatch of that order.  We will assess and respond to your request as soon as possible. We have the right to accept or reject your cancellation request in our absolute discretion. If we confirm that your order is cancelled, we will refund your payment to your original payment method.

4               Prices and payment

4.1           You must pay for the order in full at the time of ordering by one of the payment methods we accept on the Website, including but not limited to:

(a)            the purchase price of each Product that you order;

(b)            the delivery fee for your order of which we notify you when you place your order; and

(c)            any other fees, tax or charges of which we notify you when you place your order. 

4.2           You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchase. If we are unable to successfully process your debit card or credit card payment      for your order that is accepted by us, then we may cancel your order. 

4.3           All prices stated on the Website are in Australian Dollars (AUD) and are inclusive of GST where applicable.

4.4           We reserve the right to change the prices of the Products and delivery charges at any time.  Such changes will not apply to orders that have already been accepted by us.

4.5           You acknowledge that, despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or an error in information received from third parties.  In these circumstances, we reserve the right to cancel any order placed, whether or not you have received an order confirmation in electronic or any other form, and will credit your credit card account with any amount that you have paid.

4.6           Orders being shipped outside of Australia may be subject to tax & duty charges when entering the destination country, which may delay the delivery. We have no control over the amount of these charges, as customs policies can vary widely. These charges must be paid by the recipient of the parcel. For further information on charges in your local area, we would recommend contacting your local customs office.

5               Delivery of Products

5.1           Delivery times in Australia will vary depending upon your location and the type of delivery services. We will deliver to locations outside of Australia (subject to any excluded territories as advised by us when you place your order), but deliveries to locations outside of Australia may be subject to extended delivery times.  

5.2           Once your order has been dispatched, you will receive an email containing your tracking information. Please allow at least 24 hours for tracking to update with any information. You will be given an estimated delivery time using the tracking information provided by our shipping supplier. This is an estimate only. We do not guarantee delivery within this timeframe and we are not responsible for any loss or damage if the Product is not delivered within this timeframe.

5.3           We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.  

5.4           When placing your order you may request the order to be delivered without requiring your signature on delivery.  By making this request you acknowledge and agree that:

(a)            any person at the delivery address who receives the order is authorised by you to receive that order; and

(b)            delivery will be at your risk and we will not be liable if the order is damaged in any way or lost.

5.5           If your order is returned to us due to an incorrect or incomplete delivery address, we may contact you to confirm the correct address. You will be liable for all additional delivery charges incurred in the return, storage and redelivery of your order.

5.6           Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

5.7           All risk in the Product shall pass to you upon delivery.  If delivery is delayed because you are not available at the delivery address to accept the delivery, risk shall pass at the date when delivery would have occurred.  From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

6               Repair and Return 

6.1           Our Repair and Returns Policy set out in this clause 6 is in addition to your statutory rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  

6.2           Once you receive the Product, we recommend you immediately check it to ensure whether there is a problem with the Product. In the unlikely event that there is a problem with your Product, you should notify us as soon as possible at [email protected] so that we can consider your concerns and the appropriate next steps. We will ask for the order number and a full detailed description of the problem, and possibly ask you for supporting photographic evidence. Please do not attempt to return a Product before speaking to us (as you may be responsible for associated expenses where your Product is found not to be in breach of warranty or in breach of any statutory rights that you may have).

6.3           If a Product is faulty, not doing what it is supposed to do, is unsafe or is significantly different from its description/sample, then you may be eligible for a replacement, exchange, repair or refund (where applicable). If a Product has a minor defect, we may provide a repair within a reasonable time. If we cannot repair the Product within a reasonable time, then you can choose a replacement, refund or store credit. If the Product is assessed as having a major failure you may choose to return the product and receive a refund or an VBreathe product credit or receive an identical replacement (or one of similar value if reasonably available to us).

6.4           It is your responsibility to ensure that the Products are protected from damage or loss in transit. Returns that are damaged in transit may not be accepted and may be sent back to you and/or a refund refused. We recommend that you pay for tracking or product insurance.

6.5           Products returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond our control, including the availability of parts. We may supply refurbished Products rather than repair defective Products, or use refurbished parts in the repair of defective Products.

6.6           Where we agree to replace a Product, the replacement Product will be shipped to you at our expense after we have received your returned Product.

6.7           If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.

6.8           Please choose carefully as we do not accept change of mind returns or because you have found the Product for sale at a cheaper price than what you paid.

6.9           Products that are damaged as a result of normal wear and tear, misuse, failure to take reasonable care or failure to use in accordance with manufacturer’s instructions are not considered to be faulty.

7               Intellectual property rights

7.1           The content of the Website contains confidential information that is protected by valid, applicable and enforceable Intellectual Property Rights.

7.2           We own or have a right to use the Intellectual Property Rights in the Website (including in all underlying source code) and all of its content.  We reserve our rights in it.

7.3           Apart from uses expressly permitted by law, no part of any content on the Website (including, but not limited to, text, logos, graphics, sound or images) may be copied, adapted, reproduced, provided to any third party, altered, stored in a retrieval system or transmitted, in any form and by any means, without our written permission.

7.4           You acknowledge and agree that: 

(a)            data in any information provided to you through the Website is subject to copyright, trade mark, brand names, patents or other property rights or laws;

(b)            no title to any Intellectual Property Rights in the Website or its content transfers to you; 

(c)            you do not obtain any rights, express or implied in the Intellectual Property Rights in the Website or its content; and 

(d)            you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits the Intellectual Property Rights in any of the content of the Website.

8               Privacy policy

8.1           These Terms and Conditions must be read in conjunction with our privacy policy which can be accessed in https://www.vbreathe.com/privacy-policy/.

8.2           In order to register with us and purchase any Products, you will need to provide certain information, including Personal Information.

8.3           By providing us with any Personal Information through the Website, you consent to our collection of your Personal Information to enable us to provide the information, Products or other services you have requested and for the other purposes set out in our privacy policy.

9               Your use of the website

9.1           In using the Website you must not:

(a)            distribute all or any part of the Website other than as agreed by us in writing;

(b)            interfere with or disrupt the Website or the servers or networks that host the Website;

(c)            use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; 

(d)            interfere with security-related or other features of the Website.

(e)            attempt to gain unauthorised access to any part of the Website using another person’s name, details or password;

(f)             create a link to or from the Website or any part of the Website: 

(i)             for Commercial Use, without our prior written consent;

(ii)            to or from a website which contains Prohibited Content; or

(iii)           to or from a website which infringes our rights or the rights of a third party (including, without limitation, Intellectual Property Rights).

9.2           We may (but are not obliged to) use, alter, update and monitor the content of the Website, at any time and in our sole discretion.

10            Third party content

10.1        The Website may contain links to third party websites.  We are not responsible for the condition or the content of those websites.  The presence of links does not amount, expressly or impliedly, to any endorsement of those websites or the goods, services or information provided there.

10.2        Your access to third party websites and use of their products or services is solely at your own risk.  When accessing third party websites you should read the terms and conditions and privacy policy applying to the use of those websites.

10.3        Without limitation to these Terms and Conditions, by using the Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.

11            What we don’t promise

While we invest in security to protect the Website and the integrity of anything you download from the Website, given the nature of the internet we do not promise you any of the following: 

(a)            that you will have uninterrupted or error-free access to or use of the Website by any method;

(b)            that any loss or damage will not occur as a result of your access to and use of the Website or any information on the Website or accessed from the Website;

(c)            that the Website or any links will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the Website by any third party;

(d)            that the content of the Website is accurate, complete or, to the extent permitted at law, suitable for a particular purpose.  You must rely on your own judgment;

(e)            that there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;

(f)             that your internet or mobile service provider will allow you access to the Website. You are responsible for ensuring your service provider will allow you access to the Website and its content and for any costs and service fees associated with the access; or

(g)            that your computer, mobile or other hardware devices will allow you access to the Website. You are responsible for ensuring your devices will allow you access to the Website and its content and for any costs and service fees associated with the access.

12            Disclaimer and Liability 

12.1        To the maximum extent permitted by law, we and our Affiliates disclaim any and all responsibility and liability in respect of

(a)            the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website; 

(b)            the transmission or the reception of or the failure to transmit or to receive any material of whatever nature by us; and

(c)            loss of profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Website, the supply of goods or services or these Terms and Conditions (however arising, including negligence).  

12.2        You acknowledge and agree that: 

(a)            you should not rely on any information accessed using the website to make a purchasing decision and you should make your own enquiries before forming your own opinion and taking any action based on any such information;

(b)            it is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the Products will meet your individual requirements.  You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have; and 

(c)            all Products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment.

12.3        Notwithstanding any other provision in these Terms and Conditions, if we are liable to you in any way, including:

(a)            your rights under the Australian Consumer Law; or

(b)            in the case of a warranty or liability that the law says we cannot exclude, 

our liability is limited to:

(c)            refunding you the cost you paid for the relevant Products; or

(d)            re-supplying or having resupplied the relevant Products. 

12.4        Nothing in these Terms and Conditions or in our dealings with you affects your statutory rights including those under the Australian Consumer Law.  To the extent of any inconsistency between these Terms and Conditions and your statutory rights, your statutory rights will apply.

13            Indemnity

13.1        The Website is provided on an ‘as is’ and ‘as available’ basis for information purposes only.

13.2        You agree that your access to and use of the Website will be at your sole risk.

13.3        You continually indemnify us and our Affiliates against any claim, action or proceeding that is made, threatened or commenced and against any liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) which any of them incurs or suffers, as a direct or indirect result of any of the following:

(a)            your use of and access to the Website;

(b)            a breach of these Terms and Conditions;

(c)            a wilful, unlawful or negligent act or omission by you;

(d)            your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;

(e)            a claim that you caused damage to a third party; or

(f)             your use of any information obtained from or through the Website.

13.4        The user of the Website assumes all costs arising as a result of the use of the Website.

14            General

14.1        In the event of any dispute under these Terms and Conditions, the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the customer support team at us at [email protected]. 

14.2        We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

14.3        We reserve the right to vary these Terms and Conditions from time to time.  The latest Terms and Conditions and conditions will always be made freely available to users on the Website. You agree to be bound by the varied terms and conditions by continuing to access the Website.

14.4        The fact that we fail to do, or delay in doing, something we are entitled to do under these Terms and Conditions, does not amount to a waiver of any obligation of, or breach of obligation by you.  A waiver by us is only effective if it is expressly given in writing.  A waiver of any provision of these Terms and Conditions will not operate as a waiver of any other provision, or a continuing waiver of the same provision or a similar provision in the future. 

14.5        If a clause or part of a clause in these Terms and Conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.  If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these Terms and Conditions are not affected.

14.6        These Terms and Conditions represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written. 

14.7        Clauses 1, 7, 9, 11, 12, 13, 14 and 15 survive termination or expiration of these Terms and Conditions and cessation of your use of the Website for any reason.

14.8        These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.

15            Definitions

‘Affiliates’ means our directors, officers, employees and other personnel, agents, contractors, partners, principals, licensors, suppliers and service providers.

‘Australian Consumer Law’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

‘Business Day’ means a day which is not a Saturday, Sunday, public holiday or bank holiday in Sydney, NSW.

‘Commercial Use’ includes (without limitation):

(h)            sale of access to the Website or our services by way of another website;

(i)              using the Website or our services for the purposes of selling goods or services or for advertising goods or services other than as expressly permitted by the Website;

(j)              any use of the Website or our services for the purpose of competing with or displacing the Website or services; or

(k)            soliciting any users of the Website for any commercial purpose.

‘GST’ means goods and services tax or similar value added tax levied or imposed in Australia under the GST Law or otherwise on a supply.

‘GST Act’ means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

‘GST Law’ has the same meaning as in the GST Act.

‘Intellectual Property Rights’ means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

‘Personal Information’ has the meaning given to that term under our privacy policy. 

‘Prohibited Content’ includes content that:

(a)            is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by the us as inappropriate;

(b)            contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or

(c)            infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights).

‘Website’ means https://www.vbreathe.com.

‘you’ and ‘your’ means the person accessing and using the Website.

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