The Website is owned by Rygg Australia Pty Ltd and published and managed by Rygg Trading Pty Ltd ACN 647 806 102 and Rygg Australia Pty Ltd ACN 164 032 197 and each of their Affiliates (as defined below) (together, our, us or we). When you use the Website or place an order with us including with a discount from any of our brand ambassadors, you accept and agree to be bound by these Website Terms and Conditions of Use (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 - 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:
(a) medical evaluation, diagnosis or treatment (whether that treatment is for symptoms or to prevent illness or disease) of any sort; or
(b) information provided in any packaging or labelling of Products (which should be read carefully).
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.
1.5 - We strongly recommend that, before relying on any information on the Website or making any decisions whatsoever concerning your interests, you undertake your own investigations, exercise discretion and scepticism and obtain professional advice. If you rely upon any such information, you do so at your own risk.
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.
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 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 purchase amounts of any Products;
(c) restrict or refuse delivery to destinations outside Australia;
(d) of the Product or Products ordered, supply a smaller quantity or supply some but not all; and
(e) require additional verification of your identity or information from you before accepting your order.
3.5 - 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 credit your credit card account with the amount owing to you or otherwise refund the amount to you.
3.6 - You may cancel an order (whether it is accepted by us or not) by contacting us at any time prior to the dispatch of that order. Upon your cancelling the order, we will refund your payment to your original payment method.
4. Delivery of Products and refunds, returns and exchanges
4.1 - All purchases of Products from our Website will be subject to our Shipping and Returns Policy.
4.2 - Our Products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
5. Prices and payment
5.1 - We will charge you, and you agree to pay:
(a) the purchase price of each Product that you order, as displayed on the Website at the time of your order;
(b) the delivery fee for your order of which we notify you when you place your order; and
(c) any other fees or charges of which we notify you when you place your order.
5.2 - You may pay the applicable fees and charges for an accepted order using the following payment methods:
(a) the following credit cards:
(I) Visa;
(III) MasterCard; or
(III) any other debit cards displaying a Visa or Mastercard logo; or
(b) 'buy now pay later' facilities such as Afterpay or Zip Pay; or
(c) other payment methods that may be identified on our Website.
5.3 - 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.
5.4 - If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
5.5 - All prices stated on the Website are in Australian Dollars (AUD) and are exclusive of GST where applicable.
5.6 - 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.
5.7 - 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 our suppliers. 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.
6. Security of information
6.1 - You acknowledge that no data transmitted over the Internet is secure. While we take reasonable steps to protect the data that you transmit using the Website, we do not warrant, and cannot ensure, the security of that data. You transmit data using the Website entirely at your own risk.
6.2 - We will provide your credit card details to our financial institution to process your order. We will not retain your credit card details once your order is dispatched.
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 the Copyright Act 1968 (Cth), by any agreement we enter into with you or by these Terms and Conditions, 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 agree that:
(a) no title to any Intellectual Property Rights in the Website or its content transfers to you; and
(b) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.
7.5 - You acknowledge that 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.
7.6 - You agree that 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.
7.7 - You may download and view content or print a copy of material on the Website for your personal, non-commercial use or use within your organisation for non-commercial purposes, provided that you do not modify the content in any way (including any copyright notice).
8. Copyright notice
All material on the Website is protected by copyright under the Copyright Act 1968 (Cth) and, through international treaties and agreements, under the laws of other countries. Unless expressly stated to the contrary, we own copyright in all the material on the Website.
9. Trade marks
9.1 - The Website includes trade marks. Without limiting clause 7, you may not use, reproduce or publish any trade marks except by saving or printing out a copy of any pages from the Website as expressly permitted in these Terms and Conditions. Any use of any of the trade marks without the express written consent of us or the owner of the trade mark (as applicable) is prohibited.
9.2 - Other registered trade marks may be featured on the Website from time to time and are proprietary to their respective owners and protected by international trade mark or copyright laws. The use of any such trade mark on the Website is not intended to indicate any association with or endorsement by the owner of that trade mark.
10. Privacy Policy and Cookie Policy
10.1 - These Terms and Conditions must be read in conjunction with our Privacy Policy and our Cookie Policy.
10.2 - In order to register with us and purchase any Products, you will need to provide certain information, including Personal Information.
10.3 - 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.
11. Limited licence
11.1 - We grant you a limited, revocable licence to access and use the Website and its content in accordance with these Terms and Conditions, which apply at any time that you use the Website.
11.2 - You may display, print or download the content of the Website on your computer, PDA, mobile phone, tablet or other telephonic device for the purposes of information only.
11.3 - You cannot use the Website or any part of it for any Commercial Use or for any public display (commercial or non commercial).
11.4 - We reserve the right to suspend, terminate or otherwise deal with your limited licence in relation to the Website and its content at any time.
12. Your use of the website
12.1 - In using the Website you must not:
(a) distribute all or any part of the Website other than as intended or as agreed by us in writing;
(b) do anything which alters the Website, or interferes with or affects its working other than as intended or as agreed by us in writing. This includes removing anything from it, adding anything to it, linking it to or from another Website;
(c) collect or solicit material about any other person, including email, contact details or login information (including passwords) from the Website;
(d) attempt to gain unauthorised access to any part of the Website using another person's name, details or password;
(e) access third party submissions or other content on the Website other than as expressly authorised by us and by way of the web pages provided by us;
(f) use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose containing Prohibited Content or which is prohibited by these Terms and Conditions; or
(g) use or launch any automated system including (without limitation) any offline readers, spiders or robots that access the Website in a way that:
(I) sends a larger number of request messages to our servers or to other users of the Website than can reasonably be produced by a human in the same period using a conventional on-line web browser;
(II) sends spam to any other user;
(III) annoys or harasses any other user;
(IV) collects or harvests any personally identifiable information;
(V) stores, permanently downloads or redistributes content from the Website other than as intended or as specifically agreed by us in writing;
(VI) circumvents, disables or otherwise interferes with any security-related features of the Website or contains features that prevent, limit or restrict use or copying of any content from the Website; or
(VII) transfers the materials to another person or 'mirror' the materials on any other server; or
(h) create a link to or from the Website or any part of the Website:
(I) for Commercial Use, without our prior written consent;
(III) 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).
12.2 - We may (but are not obliged to) use, alter, update and monitor the content of the Website, at any time and at our sole discretion.
13. Third party content
13.1 - 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 products or services provided there.
13.2 - 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 applying to the use of those websites.
13.3 - Nothing in these Terms and Conditions or the Website grants or should be interpreted as granting any licence or other right for you to use the content on third party websites.
13.4 - 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.
14. What we don't promise
14.1 - 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.
15. Disclaimer
15.1 - To the maximum extent permitted by law, we, and our Affiliates disclaim any and all responsibility and liability in respect of our Website and any loss or damage suffered or incurred by a person for any reason including (without limitation):
(a) using or relying on any of the information provided in or obtained through our Website; or
(b) any of the matters referred to in these Terms and Conditions.
15.2 - To the maximum extent permitted by law:
(a) this Website and its contents are provided without any representations or warranties of any kind, either express or implied including, without limitation, any warranties as to the completeness or accuracy of the information provided through our Website;
(b) we disclaim all warranties, express or implied, in connection with our Website and your access to and use of our Website;
(c) while we take reasonable commercial steps to ensure the completeness, accuracy and currency of information and the integrity of our Website, we do not represent or warrant that the information or facilities accessible via this Website are accurate, complete or current, or that this Website will be free of defects, including, but not limited to, viruses or other harmful elements;
(d) we exclude every warranty or condition of any kind that might otherwise apply in relation to the Website, its content, its useability, inability to use the Website or the services offered through it; and
(e) we are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental,
special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.
16. Limitation of liability
16.1 - Notwithstanding any other provision in this Agreement, if we are liable to you in any way, including:
(a) your rights under the Competition and Consumer Act; 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 Product or Products; or
(d) re-supplying or having resupplied the relevant Product or Products.
16.2 - Nothing in these Terms and Conditions or in our dealings with you affects your statutory rights including those under the Competition and Consumer Act. To the extent of any inconsistency between these Terms and Conditions and your statutory rights under the Competition and Consumer Act, your statutory rights under the Competition and Consumer Act will apply.
17. Indemnity
17.1 - The Website is provided on an 'as is' and 'as available' basis for information purposes only.
17.2 - You agree that your access to and use of the Website will be at your sole risk.
17.3 - 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.
17.4 - The user of the Website assumes all costs arising as a result of the use of the Website.
18. Governing law
18.1 - The Website is controlled and operated by our offices in Queensland, Australia and the Website is and will be deemed to be solely based in Australia.
18.2 - We make no representation that materials in or facilities or services offered through the Website are available for use in locations other than Queensland, or that they comply with any legal or regulatory requirements of any other location. If you choose to access the Website you do so at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent they are applicable.
18.3 - These Terms and Conditions are governed by and construed in accordance with the laws in force in Queensland and the Commonwealth of Australia. Any dispute under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia and, by using the Website, you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
19. General
19.1 - We reserve the right to vary these Terms and Conditions from time to time. The latest Terms 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.
19.2 - 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.
19.3 - A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be taken as an implied waiver of:
(a) any other obligation or breach;
(b) that obligation; or
(c) a similar obligation or breach on any other occasion.
19.4 - 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.
19.5 - If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, that provision will be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
19.6 - 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.
19.7 - You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions. We may transfer or assign these Terms and Conditions and your account without restriction or notification.
19.8 - Clauses 1, 7, 8, 9, 10, 15, 16, 17, 18, 19 and 20 (inclusive) survive termination or expiration of these Terms and Conditions and cessation of your use of the Website for any reason.
20. Definitions
Affiliates means 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. 'Business Day' means a day which is not a Saturday, Sunday, public holiday or bank holiday in the city in which an act is to be done or a notice is to be received.
Commercial Use includes (without limitation):
(a) sale of access to the Website or our services by way of another website;
(b) 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;
(c) any use of the Website or our services for the purpose of competing with or displacing the Website or services; or
(d) soliciting any users of the Website for any commercial purpose.
Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth).
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.
Products means the products we provide to you.
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 rygg.au.
you and your means the person accessing and using the Website.
21. Contact us
If you have any questions not addressed in these Terms and Conditions or you become aware of any errors or Prohibited Content anywhere on the Website, please contact us.