Gelteq-Terms- And-Conditions

Website Terms & Conditions

1. Introduction

1.1. By using this website (located at www.gelteq.com), any related websites or URLs, social media platforms owned or operated by Gelteq Limited (Sites) and the Services, including making a purchase through the Sites, using or purchasing a Subscription Service from Gelteq Limited and use of the contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).

1.2. By agreeing to these Terms, you are entering into an agreement with Gelteq Limited (ACN 619 501 254) trading as “Gelteq” including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Gelteq), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

1.3. By accessing or using the Services, you warrant and represent to Gelteq that:

(a) you have read, understand and agree to be bound by these Terms;

(b) reside in Australia;

(d) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

1.4. All of the terms and conditions and policies that are linked to or in the Sites, including the Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using the Services.

1.5. The Goods may be purchased on an individual item basis or via a subscription service, in accordance with the terms below.

2. Provision of the Services

2.1. You acknowledge and agree that the content on the Site and any communications you have with Gelteq do not constitute medical care, medical opinion, medical advice, diagnosis or treatment and are not a substitute for ongoing medical and health care provided by your local general practitioner (GP) or other qualified practitioner.

2.2. All information found on the Site or its links, or contained on any product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure or prevent any disease, and is further not to be taken as any kind of medical advice. You acknowledge and agree that you are solely responsible for any reliance on the information providing in the Site and any outcomes or results from such actions. Do not disregard, avoid or delay obtaining advice from a GP or other medical professional based on any information you have read on the Sites.

2.3. Always consult your GP before starting any diet, exercise, supplementation program, or taking any Goods promoted on the Sites to ensure any particular medication or treatment is suitable and safe for you. If you have or suspect that you have a pre-existing medical condition, or are pregnant or breast feeding, seek advice of your GP before using our Goods. Always seek the guidance of your GP or other qualified health professional with any questions you may have regarding your health or a medical condition and/or the interaction of any Goods with medication you are taking. You should specify all Goods you are taking when you asked by your GP and/or pharmacist what medicines you are taking.

2.4. You and your regular GP, in your sole discretion, must determine if the Goods are appropriate in your circumstances and to determine the appropriate course of action (including whether to use the Goods or the recommended dosage of the Goods).

2.5. You acknowledge and agree to always read any instructions and labels on the Goods and follow the directions for use (in conjunction with the advice of your GP or other qualified practitioner). Please ensure you keep your Goods out of reach of children. If you notice any unanticipated or serious changes to your health after use of the Goods, seek medical advice immediately.

2.6. You acknowledge and agree that by purchasing the Goods, you are doing so voluntarily and accept any risks to your health which may arise in connection with your particular circumstances and you assume all risks in connection with the selection, use and consumption of the Goods.

2.7. To the fullest extent permitted by law, Gelteq does not give any express or implied warranties and makes not representations in relation to the accuracy, completeness or reliability of information on the Sites or that the use of the Goods will result in any particular outcome or results or that the Goods will be right for you and your circumstances. Use of the Goods are not a substitute for any health-related guidelines or advice, including good nutritional habits or a balanced diet.

3. Use of the Services

3.1. You agree that you are responsible for your access to the Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.

3.2. You warrant and represent to Gelteq that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use the Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

3.3. When you provide your details to Gelteq, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to Gelteq. You consent in advance to be contacted during usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with the Privacy Policy.

Your Conduct

3.4. You agree that you will not:

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;

(b) disclose or share your password or login information for the Services with any party;

(c) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;

(d) post a person's personal information or images without express permission;

(e) solicit or engage in any illegal or unlawful activity;

(f) use the Service to redirect users to other websites or encourage users to visit other websites;

(g) use the Service for any phishing, trolling or similar activities;

(h) defraud, scam, hack, swindle or deceive other users of the Services;

(i) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;

(j) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;

(k) attempt to access any Services or area of the website that you are not authorised to access;

(l) allow third parties to access and use the Services via your account;

(m) collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;

(n) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;

(o) embed, frame, include or imitate any part of the Services on another website, application or other platform, without prior written authorization from Gelteq;

(p) use any kind of code, program or device containing reference to the Services in order to direct any person to any other website for any purpose;

(q) resell, rent out or make any commercial use of the Services;

(r) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;

(s) attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;

(t) use automated methods or processes to use or access the Services or create user accounts;

(u) attempt to, or actually gain, unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;

(v) cause harm to the Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to Gelteq, the Site, Services or other users of the Services; or

(w) use the Services other than for their intended purpose.

4. Promotions and discounts

5. Termination

5.1. Without prejudice to any other remedies, Gelteq may terminate these Terms and the Services, in its absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at its election.

6. Intellectual Property

6.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in the Services are owned by, or licensed to Gelteq, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.

6.2. You may access and use the information provided in the Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Gelteq.

6.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Gelteq’ intellectual property rights, whether by estoppel, implication or otherwise. Gelteq reserves all rights not expressly granted in the Services.

7. Privacy

7.1. You agree to allow Gelteq to send you emails and SMS messages regarding the Services, including any information regarding or relating to the Goods and Services, in accordance with Gelteq’s Privacy Policy. Please see the Privacy Policy for information about Gelteq’s privacy practices.

8. Unauthorised access and malicious materials

8.1. You must not attempt to, or actually gain, unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services. You agree that you will not cause harm to the Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to Gelteq, the Services or other users of the Services.

8.2. To the maximum extent permitted by law, Gelteq will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect the Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release Gelteq from any such liability.

9. Testimonials

9.1 You acknowledge and agree that you understand that any testimonials or reviews on the Sites may not reflect the results that you may achieve from use of the Goods as results may vary based on your own individual circumstances.

10. Third Parties

10.1. Services offered by Gelteq may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated in writing by Gelteq. Third party websites are governed by their own terms and conditions and privacy policies and Gelteq recommends that you make your own enquiries as to their terms. Gelteq does not accept any liability for any information on, or the privacy practices of, any third party websites.

11. Limitation of Liability

11.1. To the maximum extent permitted by law, neither Gelteq, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in the Services;

(b) any use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;

(d) the contents of any website referred to on, or linked to from the Services;

(e) your use of the Goods without or against the advice of a GP or other qualified healthcare professional;

(f) any Goods or services supplied by Gelteq; or

(g) these Terms or any breach of these Terms.

11.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

11.3. To the maximum extent permitted by law, Gelteq’s liability under these Terms shall be limited to any one or more of the following:

(a) the replacement of the Goods or re-supply of equivalent goods; or

(b) providing you with a refund for such Good.

11.4. To the maximum extent permitted by law, Gelteq's total aggregate liability to you under or in any way connected with these Terms or the performance or non-performance of this Agreement is limited to an amount equal to the amounts paid under these Terms in the 3 month period immediately preceding the date on which the relevant claim arose.

11.5. To the extent permitted by law, Gelteq expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

11.6. This clause survives termination of these Terms.

12. Disclaimer of Warranty

12.1. Gelteq provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While Gelteq aims to update the Sites regularly, neither Gelteq, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.

12.2. Gelteq reserves the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through the Services, without notice. You acknowledge and agree that Gelteq retains complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in its sole discretion.

13. Release and Indemnity

13.1. You agree to release and indemnify and hold Gelteq and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from Gelteq, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

13.2. This clause survives termination of these Terms.

14. Dispute resolution

14.1. If a dispute arises out of or relates to these Terms, a party must not commence any court or other proceedings relating to the dispute unless it has first complied with the following procedure:

(a) the party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute;

(b) on receipt of that notice by that other party, the parties must endeavour in good faith to resolve the dispute using informal dispute resolution techniques such as mediation, expert evaluation, arbitration or similar methods agreed by them;

(c) if the parties do not agree within 10 days of receipt of the notice (or such further period as the parties agree in writing) as to:

A. the dispute resolution method and procedures to be adopted;

B. the timetable for all steps in those procedures; and

C. the selection and compensation of the independent person required for such method,

the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of Victoria.

14.2. Nothing in this Agreement will prejudice the right of a party to seek injunctive or declaratory relief in respect of a dispute or any matter arising under these Terms.

15. Amendments and correction of errors

15.1. Gelteq reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.

15.2. Whilst Gelteq endeavours to notify you as soon as reasonably possible of any changes to the Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains the most accurate and up to date version of the Terms.

15.3. Gelteq reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.

16. General

16.1. Waiver: Any failure or delay by Gelteq in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Gelteq from exercising that power or right or any other power or right. Gelteq is not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

16.2. Force majeure: If Gelteq is unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond its control, Gelteq is relieved of that obligation to the extent and for the period that it is unable to perform the obligation. You agree that Gelteq will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.

16.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

16.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Gelteq and you or any other party unless expressly stated otherwise.

16.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of the Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

16.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, Gelteq makes no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.