Terms & Conditions
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.
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
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.
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.
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.
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.
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.
If you would like further information, you may contact us by emailing email@example.com.
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.
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.
(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.
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.
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.
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.
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.
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.
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).
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 firstname.lastname@example.org 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.
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.
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.
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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Yes Please and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Kent Town, South Australia before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Yes Please’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.