Acceptance of Terms
Welcome to the Vida Glow Pty Ltd
Accuracy of Information
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. To the maximum extent permitted by law, neither Vida Glow Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. To the maximum extent permitted by law, Vida Glow Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
The Content on the Website is for general information purposes only. Vida Glow does not represent or warrant that the information contained in this Website is suitable for specific needs or requirements of users. The information and material included in this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to you.
Limitation of Liability
The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia or other jurisdictions may confer rights and remedies on you in relation to the information contained on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Vida Glow Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) Vida Glow Pty Ltd and its suppliers expressly disclaim all warranties of any kind, (c) Vida Glow Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Vida Glow Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Vida Glow Pty Ltd ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Vida Glow Pty Ltd) will Vida Glow Pty Ltd or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Vida Glow Pty Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. Subject to any consumer guarantees provided for in applicable consumer protection legislation which cannot be excluded by law, Vida Glow Pty Ltd excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
You agree to indemnify and hold harmless Vida Glow Pty Ltd and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand to arise out of or in connection with your use and access to the Website.
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of Vida Glow Pty Ltd or the appropriate supplier or licensor of Vida Glow Pty Ltd.
You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on this website is the property of Vida Glow Pty Ltd or its software suppliers and is protected by Australian and international copyright laws.
The Vida Glow Pty Ltd logo and the logos of the Vida Glow Pty Ltd products are registered trademarks of Vida Glow Pty Ltd or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.
Vida Glow is protected in the United States of America by the United States Patent & Trademark Office (USPTO) under Registration Number 4,740,940. Any use of the brand Vida Glow must be approved by Vida Glow Pty Ltd.
Your Account, Membership and/or Registration
In consideration of your use of the Website, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the website’s registration form (such information being the "Registration Data"); and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular, to register, you must provide your real name, postal address and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vida Glow Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vida Glow Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Vida Glow Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying any Communication Facility;
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Post or transmit any material of any kind which contains a virus or other harmful component;
- Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Vida Glow Pty Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Vida Glow Pty Ltd may permit you to make, share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Vida Glow Pty Ltd disclaims any and all liability in connection with Contributions. Vida Glow Pty Ltd assumes no responsibility for monitoring any Contributions and does not endorse the information contained in any Contributions. Vida Glow Pty Ltd is under no obligation to treat your Contribution as confidential.
Vida Glow Pty Ltd may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
Vida Glow Pty Ltd may repost or share any information or content you upload to public networks in relation to Vida Glow and/or its products.
User License To Vida Glow Pty Ltd
By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Vida Glow Pty Ltd and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Contributions, information or material:
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Vida Glow Pty Ltd and any other party authorised by Vida Glow Pty Ltd all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Vida Glow Pty Ltd, you will execute and deliver to Vida Glow Pty Ltd such instruments and take such other actions as may be required to carry out this grant of license and waiver.
At Vida Glow Pty Ltd we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
If you’re making an online purchase from Vida Glow Pty Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details.
Please REPORT any suspicious activity to us immediately.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on Vida Glow Pty Ltd from time to time. These websites do not form part of the Website and are not under the control of Vida Glow Pty Ltd or its related bodies corporate and neither Vida Glow Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such websites you leave the Website and do so entirely at your own risk.
The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Vida Glow Pty Ltd or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.
If you contact a third party using functionality provided on the Website, including via email, Vida Glow Pty Ltd accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Statements made on this Website have not been evaluated by the US Food and Drug Administration or the Therapeutic Goods Administration of Australia.
Products advertised or sold through the Website are not intended to diagnose, treat, cure, or prevent disease.
- Gift cards are valid for 3 years from the date of purchase.
- Gift cards cannot be exchanged, are non-refundable and non-transferable.
- Gift cards cannot be redeemed for cash or any other product.
- Gift cards are not eligible for Rewards points.
- Gift card purchases are subject to Vida Glow's general Terms and Conditions of Sale and applicable policies.
- Gift cards can be used for multiple orders as long as there is outstanding credit remaining on the card it can be used as many times as you like.
- Gift cards eligible for use on Vida Glow AU website only.
The Eight Week Promise
If you’re not satisfied after eight weeks of consistent Natural Marine Collagen supplementation, we’ll give you your money back. The ‘Eight Week Promise’ applies to new customers who have purchased 2 x boxes/tubs of Natural Marine Collagen via the Vida Glow website only and cannot be redeemed by returning customers of our Natural Marine Collagen range. Customers who have purchased Vida Glow products outside of the Marine Collagen range are not eligible. The ‘Eight Week Promise’ can only be redeemed once by any customer and can only be redeemed after 2 months of using the product. Please contact us in order to redeem.
Vida Glow's Terms and Conditions of Sale
In these terms and conditions:
“Buyer” means the person to whom any quotation is made by Vida Glow, any person offering to contract with Vida Glow on these terms and conditions and/or any person who purchases Products from Vida Glow;
“Consequential Loss” means any loss or damage suffered by a partya or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity;
“Defect” means a defect, flaw or imperfection in the Products which prevents the Products from being used for the purposes intended for such Products or which makes the use of the Products dangerous, but does not include anything which has been disclosed as a feature or limitation of the Products by Vida Glow prior to the date of purchase, or any defect, flaw or imperfection that is trivial or insubstantial;
“Vida Glow” means Vida Glow Pty Ltd ACN 168 960 316 and each of its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as the party making or accepting the Buyer’s order of Products);
“Products” means all goods and services agreed to be supplied by Vida Glow to the Buyer under any contract, arrangement or understanding between Vida Glow and the Buyer;
“GST” means any goods and services tax and any replacement or similar tax on goods or services;
“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Invoice” means the invoice issued by Vida Glow to the Buyer setting out the amount to be paid by the Buyer; and
“Order” means any order for Products placed by the Buyer with Vida Glow, in whatever form.
- Unless Vida Glow otherwise agrees in writing, these are the only terms and conditions which apply to the sale of Products by Vida Glow and the Buyer agrees that these terms and conditions will in all circumstances prevail over any other document, Order or other terms, including the Buyer’s terms and conditions of purchase (if any).
- These terms and conditions supersede and exclude all prior and other discussions, dealings, representations (contractual or otherwise) and arrangements relating to the supply of the Products including but not limited to, those relating to the performance of the Products or the results that ought to be expected from using the Products.
- If there is an inconsistency between any other terms agreed by the Buyer and Vida Glow in writing and/or these terms and conditions, the terms agreed by the Buyer and Vida Glow in writing will prevail to the extent of any inconsistency.
- Vida Glow has the sole discretion to accept or reject any Order or any variation or modification of an Order requested by the Buyer (including, without limitation, where Vida Glow suspects that a transaction may be fraudulent or where a Buyer is purchasing the Products for the purposes of resale).
- Vida Glow has the sole discretion to accept or reject any Order cancellation request by the Buyer. If a cancellation request is accepted by Vida Glow, the Buyer will be liable for any direct loss or expense incurred by Vida Glow in respect of that Order (including without limitation, payment for any Products or components of the Products ordered by Vida Glow from its suppliers relating to that Order).
- Where some Products ordered are not in stock, Vida Glow may at its discretion supply part of the Order and invoice the Buyer for that part of the Order supplied.
EXCLUSION OF LIABILITY
- Except as provided or implied by law, Vida Glow provides no warranty, guarantee or similar right in respect of the Products. To the full extent permitted by law, Vida Glow excludes any warranty, guarantee or similar right provided or implied by law.
- If any warranty, guarantee or similar right provided or implied by law applies to Vida Glow's provision of Products and cannot be excluded, to the full extent permitted by law Vida Glow limits its liability to: (i) a refund of the price paid; (ii) supplying the Products again; or (iii) the payment of the cost of having the Products supplied again, at the election of Vida Glow.
- Nothing in these terms or conditions excludes, restricts or modifies any warranty, guarantee or similar right provided or implied by law which cannot be excluded, restricted or modified.
- To the extent the law permits and notwithstanding any other clause of these terms and conditions, Vida Glow excludes all liability whatsoever to the Buyer for any Consequential Loss.
The Buyer hereby acknowledges that it has not relied on any service involving skill or judgment, or on any advice, recommendation, information or assistance provided by Vida Glow in relation to the Products or their use or application.
- Vida Glow will make reasonable efforts to have the Products delivered to the Buyer on the date agreed between the parties as the delivery date. However, time is not of the essence under this clause 6) and Vida Glow will not be liable for any failure to deliver or delay in delivery for any reason.
- The Buyer shall be responsible for checking the delivery of Products upon receipt and shall report any discrepancy in the quantity of the Products ordered by the Buyer to Vida Glow at the time of delivery. Failure to report any discrepancy to Vida Glow shall constitute acceptance by the Buyer that the quantity of Products delivered matches the quantity of Products ordered by the Buyer.
- Unless otherwise agreed in writing by Vida Glow, the Buyer will be liable for all costs associated with the delivery of Products to the Buyer, including (without limitation) any import customs, duty or taxes applicable to the delivery of the Products
- The Buyer must examine the Products for Defects or mis-shipment upon delivery and notify Vida Glow of any Defects in writing within 7 business days of delivery. If the Buyer does not notify Vida Glow within 7 business days of delivery the Buyer shall be deemed to have accepted the Products.
- The Buyer must preserve any Products that are found to have a Defect in the state in which they were delivered and allow Vida Glow (or its nominated agent) access to the Buyer’s premises to inspect the Products. If Vida Glow, upon inspection agrees with the Buyer that such Products have a Defect, the remedies set out in clause 4)b) will apply.
- RETURNS FOR CHANGE OF MIND
Vida Glow will not accept returns or refunds for 'change of mind'. However, if a Product is found to have a Defect, the remedies set out in clause 4)b) will apply in relation to that Product.
- The Buyer must not resell any Products without the prior written consent of Vida Glow.
- Vida Glow offers a subscription service whereby a customer may opt in to a regular supply of Products which is automatically delivered every 30, 60 or 90 days, at the election of the customer. By subscribing the customer receives a 10% discount from the standard product price. Each payment is automatically billed to the customer's credit card prior to delivery of the relevant Products.
- Upon signing up the customer agrees to a minimum commitment of two monthly deliveries. The two monthly deliveries will automatically be billed to the customer's credit card.
- Following the two minimum deliveries, the customer can cancel the subscription at any stage without charge. Subscription will be ongoing until the customer requests a cancellation by emailing email@example.com. Purchases made via subscription cannot be used in conjunction with any other discount offered by Vida Glow on Products (including its reward program).
- For more information on the Vida Glow subscription service, please contact firstname.lastname@example.org.
RISK AND TITLE
- All risk in and to the Products purchased by the Buyer shall pass to the Buyer upon delivery to the Buyer or any agent or other carrier commissioned by the Buyer to take possession of the Products. Legal and equitable title in and to the Products shall not pass to the Buyer until payment in full for all Products is made by the Buyer to Vida Glow.
- The Buyer acknowledges that until title in and to the Products passes to the Buyer in accordance with this clause 11), the Buyer holds the Products as bailee of Vida Glow and that a fiduciary relationship exists between the Buyer and Vida Glow.
- Until title in and to the Products passes to the Buyer in accordance with this clause 11), the Buyer shall store the Products separately and in such a manner that they are clearly identified as the property of Vida Glow and ensure that the Products are properly stored, protected, readily identifiable and insured. Vida Glow shall be entitled at any time until title in and to the Products passes to the Buyer to demand the return of the Products and shall be entitled without notice to the Buyer and without liability to the Buyer to enter any premises occupied by the Buyer (or any other premises where the Buyer is holding the Products) in order to search for and remove the Products.
- The Buyer acknowledges that if it sells the Products before title in and to the Products has passed to the Buyer in accordance with this clause 11), it sells the Products as a fiduciary agent of Vida Glow provided that such sales shall not give rise to any obligations on the part of Vida Glow. The Buyer shall hold the proceeds of sale on trust for Vida Glow in a separate account and must pay to Vida Glow such amount as Vida Glow requests.
PERSONAL PROPERTY SECURITY ACT 2009 (Cth) (“PPSA”)
- The Buyer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all of the Buyer’s present and after-acquired Products supplied by Vida Glow.
- Vida Glow and the Buyer agree that nothing in sections 130(1)(a) and 143 of the PPSA will apply to these terms and conditions.
- The Buyer waives its rights as a debtor under sections 92, 93, 94, 95, 97, 118, 121, 132, 135, 137, 140 and 142 of the PPSA.
- The Buyer further agrees that where Vida Glow has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
- In this clause:
- “security agreement” means the security agreement under the PPSA created between the Buyer and Vida Glow; and
- “security interest” has the meaning given to it by the PPSA.
- Unless otherwise agreed in writing or for Orders which have been accepted by Vida Glow in writing, the price charged for the Products shall be the price determined by Vida Glow at the date of delivery of these terms and conditions (plus any GST payable in accordance with clause 21).
- Any price indications or price lists provided by Vida Glow to the Buyer or otherwise made available to the Buyer are subject to alteration on reasonable notice.
- Vida Glow is not liable for any failure to perform any of its obligations under these terms and conditions as a result of any event beyond its reasonable control including, without limitation, where Vida Glow is prevented or hindered from manufacturing, delivering or supplying the Products as a result of any strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services from usual suppliers on usual terms, epidemic, pandemic or quarantine, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. In such circumstances, Vida Glow may suspend performance of any obligations under these terms and conditions while the event continues. Vida Glow shall not incur any liability to the Buyer in respect of such suspension.
- If any of the above events occur for more than 30 days, Vida Glow may, without liability, terminate any affected Order and/or these terms and conditions immediately by notice in writing to the Buyer.
PAYMENT AND DEFAULT
- Subject to clauses 15)b), 15)e) and 15)g) and unless otherwise agreed in writing by Vida Glow (including where otherwise identified on any Invoice issued by Vida Glow), all Invoices must be paid in full by the Buyer at the time of placing the Order or, where accepted by Vida Glow in writing, at the time of delivery .
- Vida Glow may, in its absolute discretion, require payment prior to the provision of Products.
- Vida Glow reserves the right to charge interest on any overdue amount at a rate of 10% per annum from the due date for payment until payment in received in full by Vida Glow.
- The Buyer agrees to bear all costs incurred by Vida Glow in collecting any overdue amounts including but not limited to collector agency fees, legal fees (on a full indemnity basis), debt collection costs and charges and court costs.
- If; (i) the Buyer defaults on any payments or is unable or states that it is unable to pay its debts as and when they fall due; (ii) the Buyer being an individual commits an act of bankruptcy or has a controller or trustee appointed in respect of the Buyer’s estate or any part of the Buyer’s property or assets; (iii) the Buyer being a company passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it; (iv) a receiver, receiver and manager, controller or voluntary administrator is appointed over any part of the property or assets of the Buyer; or (v) the Buyer experiences any analogous event having substantially similar effect to any of the events specified above, then Vida Glow may, at its option, withhold further deliveries or cancel any Order without notice to the Buyer and without prejudice to any other action or remedy which Vida Glow has or might otherwise have under these terms and conditions. In such circumstances, all moneys owing and outstanding to Vida Glow on any Invoice and irrespective of whether the due date on any Invoice has occurred or passed shall become immediately due and payable.
- Notwithstanding clause 15)a), Vida Glow may at all times in its sole and unfettered discretion and without being under any duty or obligation to assign reasons to such discretion, alter or terminate any credit offered to the Buyeror any payment terms on providing the Buyer with reasonable notice. Without limiting the generality of the foregoing, the decision of Vida Glow shall be final and Vida Glow accepts no liability or responsibility for any loss (including Consequential Loss), howsoever arising.
- Incorrect purchase order numbers are not grounds for the Buyer to withhold payment of any amounts owing under these terms and conditions or any Invoice. If Vida Glow issues an invoice with an incorrect purchase order number, the Buyer must notify Vida Glow and Vida Glow will use its reasonable endeavours to rectify the mistake.
Vida Glow may terminate its agreement under these terms and conditions by written notice to the Buyer, without prejudice to any rights accrued under these terms and conditions if:
- the Buyer breaches these terms and conditions and the breach is not capable of remedy or the Buyer does not remedy the breach within 7 days of written notice by Vida Glow;
- any of the events set out in clause 15)e) occur; or
- Vida Glow, in its sole discretion, wishes to terminate for convenience.
- GENERAL LIEN
In addition to any right of lien to which Vida Glow may be entitled under the common law, Vida Glow shall be entitled to exercise a general lien over all items in its possession belonging to the Buyer until the Buyer has paid in full for all Products supplied by Vida Glow to the Buyer. Vida Glow may in its sole discretion sell any item that is subject to a lien, provided Vida Glow shall pay to the Buyer any surplus proceeds that are released by it from a sale of any such items after discharging in full all monies outstanding to Vida Glow in respect of unpaid Products and all reasonable costs of sale incurred by Vida Glow.
If any provision of these terms and conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.
VARIATION AND ASSIGNMENT
- Vida Glow may vary these terms and conditions by giving the Buyer 14 days' prior written notice.
- The Buyer may not assign its rights under these terms and conditions without Vida Glow's prior written consent.
- GOVERNING LAW
These terms and conditions are governed by and construed under the law in the State of New South Wales, Australia. Any legal action in relation to these terms and conditions against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales. Each party irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
- GST AND OTHER TAXES AND DUTIES
Notwithstanding any other clause in these terms and conditions, to the extent that any supply made under or in connection with these terms and conditions is a taxable supply (as defined by the GST Law), the Buyer must pay to Vida Glow, in addition to the consideration provided for under these terms and conditions, for that supply (unless it expressly included GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The Buyer must pay to Vida Glow the additional amount at the same time as the consideration to which it is referable. The Buyer is responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Products.
Waiver by Vida Glow of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by Vida Glow. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
- NO RIGHT OF SET-OFF
No amount owing whether present or future, actual, contingent or prospective and on any account whatsoever by the Buyer to Vida Glow may be offset against any amount owing by Vida Glow to the Buyer hereunder on any other account whatsoever.
- INTELLECTUAL PROPERTY
The purchase of Products under these terms and conditions does not confer on the Buyer any licence or assignment of any copyright, patent, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Products.