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Terms

Terms & Conditions

By accessing or using our website at https://www.yespleasesupplements.com/ (Website), or by accepting, accessing, using, receiving or reading any documents or materials prepared by Yes Please Supplements Pty Ltd ABN 44 647 600 655 (“we”, “us”, “our”) you agree to these Website Terms of Use.


Your Acceptance

The following Terms and Conditions relate to the provision of any services or sale of nutritional products (including all physical products and any downloadable material) (Products) from the Yes Please Health website: www.yesplshealth.com (Website). These Terms and Conditions, including our Website Terms of Use, Privacy Policy, Shipping Policy and Returns Policy, constitute an agreement between Yes Please Supplements Pty Ltd ABN 44 647 600 655, the owner and operator of the Website, and you, a user of the Website and/or purchaser of Products (Agreement).


By using or accessing our Website or purchasing any Products, you agree to be bound by this Agreement. We may amend this Agreement at our discretion from time to time and publish the updated Agreement on the Website. You should review the Agreement each time you access the Website or purchase Products from us. If you do not agree to the terms of this Agreement (or any subsequent amendments) you must cease using or accessing our Website and the purchase of any Products immediately.


You must be 18 years or older to purchase any of our Products and by purchasing any of our Products, you hereby represent that you are 18 years or older.


Information Disclaimer


All information supplied on our Website has NO WARRANTY. Yes Please Health does not provide medical care, medical opinion, medical advice, diagnosis or treatment.  All information contained on the Website, or on any product packaging or labels, is general in nature and is not intended to diagnose, treat, cure, or prevent any disease.


Always seek the advice of your healthcare professionals with any questions you may have regarding your health or medical conditions before using Yes Please Health products.


NOTHING CONTAINED ON OUR WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.


ALWAYS READ THE LABEL and USE ONLY AS DIRECTED.


VITAMINS ARE NOT A SUBSTITUTE FOR GOOD NUTRITION OR A BALANCED DIET AND ARE NOT SUPERIOR TO, OR MORE BENEFICIAL THAN, DIETARY NUTRIENTS.


NORMAL HEALTH MAY NOT BE AFFECTED BY TAKING VITAMIN SUPPLEMENTS.


Specific Product Warnings


Skin Support

Warnings: Contains zinc. May be dangerous if taken in large amounts or for a long period. If symptoms persist, talk to your health professional. Advise your doctor of any medicine you take during pregnancy, particularly in your first trimester. Vitamins and minerals can only be of assistance if dietary intake is inadequate. 

Sleep Support
Warnings: If symptoms persist, talk to your health professional. Vitamins and minerals can only be of assistance if dietary intake is inadequate. Contains soya bean products. 

Bloat Relief

Warnings: Use in children under 12 years is not recommended. Do not use it while breastfeeding. Do not use it if you are pregnant or likely to become pregnant. Do not use it when abdominal pain, nausea or vomiting are present or if you develop diarrhoea. If symptoms persist, talk to your health professional. Prolonged use may cause serious bowel problems. Drink plenty of water. 


User Accounts


We may assign you a username, password and account information in order to enable you access to our Website, or you may be required to set up your own account using a username and password chosen by you. You are solely responsible for protecting the security and confidentiality of your login and for all activities on our Website using those login details (whether authorised by you or not).


You must immediately notify us of any unauthorised use of your login or any other breach or threatened breach of our Website’s security you may be aware of.


Personal Information


In accessing our Website and purchasing Products from us, we will collect personal information about you. The types of information we collect depends on the nature of your dealings with us but will generally include your name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We collect this information so we can sell Products to you, provide you with promotional material about Yes Please Health and our activities, and to carry out our general business operations.


We may use and disclose your personal information for the above purposes and other purposes required permitted by the privacy laws (including disclosure to certain third parties for these purposes).  Generally these parties are located in Australia, but this can vary and we may disclose your personal information to overseas recipients where permitted by privacy laws.


If you do not provide us with the personal information that we request, this may affect your ability to receive the Products or assistance you are seeking from us.


Our Privacy Policy, located on our Website, contains additional information regarding how we handle personal information, including how you may seek access to, or correction of, personal information that we hold about you, and how you may make a complaint if you believe we have handled your personal information in a way that breaches our privacy obligations.  


If you would like further information, you may contact us by emailing hello@yesplshealth.com.



Payment


Any payments processed through our website will be managed by third party gateways, such as Stripe (www.stripe.com/au) PayPal (www.paypal.com) and Afterpay (www.afterpay.com). All payment amounts are represented in Australian currency (AUD). All currency conversions and calculations are done through our third party gateways, and we take no responsibility for the accuracy of any currency conversions. You agree to take all responsibility to assess any and all conversion transaction prices prior to confirming your order.


Indemnity 


You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of these Website Terms of Use by you.


Limitation of liability


To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of the Website. 


If a supply under these Website Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL"), nothing contained in these Website Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded.  However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:

(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.


For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.


If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Website is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Website, Products within the last six months, whichever is greater.



Choice of Law

These Terms and Conditions and any separate agreements shall be governed by and construed in accordance with the laws in force in the state of South Australia, Australia. 


Force Majeure

You agree that we are not responsible or liable for anything that we may otherwise be responsible for, that is caused by events outside our control (Force Majeure Event). This includes, but is not limited to, strikes, lock-outs or other industrial action, acts of God, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, crime, labour shortages (including lawful and unlawful strikes), postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.


Severability

In the event that a provision of this Agreement is determined to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain enforceable and the unenforceable portion shall be deemed to be severed from these Terms and Conditions.


Assignment

You may not transfer or assign your rights or liabilities under these Terms and Conditions to any other party without our prior written consent. We may transfer or assign our rights or obligations under these Terms and Conditions at any time without your prior consent. 


Electronic Communications

We use electronic communication which includes information on our Website and all communications via emails. This means, you consent to receiving communications from us in an electronic form and as well agreeing that all terms, conditions, policies and any other communications that we provide electronically satisfy any legal requirement as any communications in writing would. The foregoing does not affect your statutory rights.


Entire agreement

These Terms and Conditions constitute the entire Agreement between the parties and supersedes and extinguishes any previous agreements between the parties relating to this subject matter. The rights and remedies within this Agreement are cumulative and do not exclude any other rights provided by law.


Material


The material on this Website, the material sold on this Website and any other material prepared by us ("Material") is for general information purposes and does not constitute advice. Visitors to this Website, and anyone who accepts, accesses, uses, receives or reads the Material, should not act on the basis of any of the Material without first obtaining advice specific to their own situation.  The Internet is not a secure medium and communications to and from this Website may be intercepted or altered in transit.


Before relying on any Material that contains nutritional information on this Website, you should carefully consider your own health particularities and obtain appropriate medical and expert advice relevant to your circumstances. We do not warrant that the Website and any Materials are free from inherent defects, errors or deficiencies, or the completeness or accuracy of any Material.


The Material is not formulated to suit the nutritional needs of pregnant or breastfeeding women or anyone with pre-existing medical conditions (including without limitation any virus, disease, illness, disabilities, injuries, physical or mental conditions, general poor health or otherwise). 


Contacting us


If you have any difficulties receiving any Materials that you purchased from this Website or you have made a purchase in error, you can contact us at hello@yesplshealth.com to discuss a resolution. You agree to provide us with your transaction details and any other details reasonably requested by us to validate your identity and purchase. 


Testimonials


Please be aware that any testimonials on this Website may not reflect the results that you may achieve.  Results may vary and your experience may not be similar to the experience of the user testimonial.


If you publish a testimonial, review or provide any comments regarding any Materials or us, you irrevocably grant us a non-exclusive, royalty free, perpetual right to use, reproduce, publish, translate and distribute such testimonials, reviews or comments throughout the world in any media. In addition, you expressly consent to any action or omission by us that would otherwise infringe upon any “moral rights” in any jurisdiction. 



Intellectual Property


Unless otherwise stated we own or are licensed to use all intellectual property rights in this Website and the Material. The contents of this Website and the Material include but are not limited to the 'Yes Please Health' name and logo, text, images, animations, sound recordings and/or software and the arrangement of them.  Users of the Website do not obtain any licence or other interest in that intellectual property.  Nothing in these Website Terms or use or on the Website should be construed as providing such consent.  

You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.  

You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from us (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location).  You must not copy any of the content of the Website or incorporate it into another Website.


Links to or from other sites


This Website may contain links to third party websites.  Except as indicated, we do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.  Use of such links, the content of such websites or the products and services offered via those websites or third parties is entirely at your own risk and is subject to the terms of those third parties.  You must not create or maintain any link from another website to this Website without our written consent.


Privacy


This Website may use 'cookies' to collect anonymous traffic data from users who access this Website. Our internet server may also automatically record details about any computer used to access the Website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve this Website and our services.  Any other information supplied to us (for example if you send us an email or complete a form available on the Website) is treated in accordance with our Privacy Policy, which is a separate document that is available on our Website.


No Spam


Publication of email addresses on this Website does not infer consent to the receipt of unsolicited commercial electronic messages.


Changes to Website Terms and Materials


We reserve the right to change these Website Terms and any Materials at our discretion and without providing any notice to you.  We may vary these Website Terms at any time, without notice, by displaying the amended Website Terms on this Website.  You should review the Website Terms each time you use the Website.