TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS

Terms of Agreement for online trading between HEALTH LAB Pty Ltd (ABN 33604978038) and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

 

1. The use of cookies on this Website - this Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.

1.1 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.

1.2 The Website is owned and operated by HEALTH LAB PTY LTD. This Agreement supersedes all prior agreements and may be revised by HEALTH LAB PTY LTD from time to time.

 

2.YOUR USE OF THE WEBSITE 

 

2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, HEALTH LAB PTY LTD’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

 

4. SITE LIABILITY AND INDEMNITY

 

4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 8 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.

 

5. WEBSITE AVAILABILITY

 

5.1 From time to time down-time, either scheduled or unscheduled, may occur. HEALTH LAB PTY LTD will work within reason to ensure this amount of down-time is limited.

5.2 HEALTH LAB PTY LTD will not be held liable for the consequences of any down-time.

5.3 Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice. During sales periods, we may reduce items further. No returns, refunds or credits are available on the price difference.

6.4 Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.

6.5 Images displayed on this website should be regarded as illustrative and informational purpose only. We endeavour to display products as close to the physical colour/product as possible, but at times colourways (especially neon) may not be identical to the actual product.

5.6 On LIMITED EDITION and / or EXCLUSIVE release products, HEALTH LAB PTY LTD reserves the right to limit purchases to one (1) item per customer. Multiple transactions will be monitored. 

 

6. INTELLECTUAL PROPERTY 

 

6.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

6.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by HEALTH LAB PTY LTD.

6.3 HEALTH LAB PTY LTD’s trade marks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by HEALTH LAB PTY LTD.

6.4 All rights not expressly granted are reserved.

6.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under HEALTH LAB PTY LTD’s direct control and HEALTH LAB PTY LTD accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that HEALTH LAB LTD is entitled to require you to remove any link from another website to this Website which you install without obtaining HEALTH LAB PTY LTD’s prior written consent.

 

7. WARRANTIES 

 

7.1 You acknowledge that the Products require certain storage conditions. HEALTH LAB PTY LTD will not be liable for any damage caused by any failure by You to maintain the proper storage.

7.2 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, HEALTH LAB PTY LTD does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

 

9. LIMITATION OF LIABILITY

 

9.1 To the fullest extent permitted by law, HEALTH LAB cannot be excluded is limited, at the option of HEALTH LAB PTY LTD, to:

  1. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

  2. in the case of goods, the replacement of the goods or the supply of equivalent goods, the replacement of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods replaced

9.2 HEALTH LAB LTD’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if HEALTH LAB PTY LTD has been notified of the possibility of such loss or damage.

9.3 You agree that HEALTH LAB LTD’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

 

10. FORCE MAJEURE 

 

10.1 HEALTH LAB PTY LTD will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond HEALTH LAB PTY LTD’s reasonable control.

 

11.TERMINATION

 

11.1 HEALTH LAB PTY LTD reserves the right to terminate this Agreement at any time.

11.2 Subject to clause 11.3, HEALTH LAB PTY LTD shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

11.3 If the Product has not been delivered to You prior to any termination of this Agreement by HEALTH LAB PTY LTD, HEALTH LAB PTY LTD will refund to You any payment You have made prior to the termination.

 

12. MISCELLANEOUS

 

12.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.

12.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by HEALTH LAB PTY LTD in writing.

12.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.

12.4 The Agreement will be made on HEALTH LAB PTY LTD‘s acceptance of Your offer and will be, and is, governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.

12.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Victoria, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.

12.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.

12.7 HEALTH LAB PTY LTD may be notified by email at babes@healthlab.com.au or post to Health Lab 402 Glenhuntly Road Elsternwick 318 Victoria Australia.

 

 

14. DEFINITIONS

  • "Agreement"means the terms and conditions that apply to the use of the Website which may be amended from time to time. 

  • " HEALTH LAB PTY LTD "means HEALTH LAB PTY LTD Pty Ltd (ABN 33604978038). 

  • "Products"means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement. 

  • "Purchase Order"means the online purchase order form to be completed by You in relation to Your purchase of the Product. 

  • "Website"means internet website with the URL com.au and associated websites. 

  • "You"means the user of the Website (and "Your" has the corresponding meaning).

 

GIVEAWAY TERMS AND CONDITIONS

  1. Entry to the Competition constitutes acceptance of these conditions.
  2. The promoter is Health Lab Pty Ltd, ABN 33 604 978 038 , 49-51 Wellington Street, St Kilda VIC 3182, ph (03) 9999 8535.
  3. Entry is open to all permanent residents of Australia. Employees and their immediate families of Health Lab Pty Ltd are ineligible to enter the competition.
  4. This competition commences on 14th January 2022 18:00 (AEDST) and closes 16th January 2022 23:59 (AEDST).
  5. How to enter:
    Step 1: Download the Instagram application for iPhone or Android
    Step 2: Follow @HealthLab and @Kreolsparkling @summer__salt on Instagram
    Step 3: Like the image
    Step 4: Tag two friends.
  6. Participants can enter as many times as they like.
  7. Only entries submitted via the Instagram application will be accepted.
  8. Judging will take place on 17th January 2022 and winners will be contacted directly via the Instagram application. If the winner is under the age of 18 years, the prize will be awarded to their parent or legal guardian.
  9. The competition is a game of luck. 
  10. Winner’s selection is final and no correspondence will be entered into. Prizes cannot be transferred. Non-cash prizes cannot be redeemed for cash.
  11. The promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of promoter, engaged in conduct in entering the promotion which is misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or promoter. The promoter reserves the right to disqualify a winner if the promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  12. Entries must be received by 11.59pm (AEDST) on 16th January 2021. The time of entry will in each case be the time the online entry is received by the Health Lab database. The promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
  13. The cost of accessing the promotional website will be dependent on the entrant’s individual internet service provider.
  14. Use of personal information:
    14.1 By entering the competition and accepting the terms and conditions, you agree that Health Lab Pty Ltd may use your personal details for the purpose of conducting the competition, including the use of your Instagram name in promotional formats.
    14.2 By entering the competition, you give Health Lab Pty Ltd permission to contact you via Instagram if you are a winner of the competition for the purpose of distributing your prize to you.
  15. The promoter reserves the right to request winners to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the promoter.
  16. The promoter shall endeavour to contact the winners via their Instagram account within one week of the prize draw. In the event that the winner/s cannot be contacted after one week, the prize will be forfeited.
  17. The promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered (including allergy related concerns) or sustained in connection with any prize/s, except for any liability which cannot be excluded by law.
  18. The promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
  19. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the promoter (including COVID), which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any written direction given under state regulation.
  20. Prize + shipping costs will be rewarded to three (3) individual winners.
  21. Prizes will be sent to winners within one month of competition closing.
  22. Winners of this prize are the individuals who participated in all steps of the competition and do not include the tagged individual. The tagged individual can be eligible for the competition by participating in all required steps.
  23. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
  24. Participation in this competition assumes the acceptance of the Instagram terms and conditions, found at http://instagram.com/legal/terms/