Terms and Conditions

CBMCDM Pty Ltd ATF The Mobbs Family Trust trading as Go Vita Ballarat ABN 81 327 130 795 (“Go Vita Ballarat”, “we”, “us” and “our”) is the owner of the website www.govitaballarat.com.au (the website). By using the website, and the online shop, you agree to abide by these Terms and Conditions (the Terms). These Terms set out the general legal relationship between you and Go Vita Ballarat.  

You acknowledge that:

    1. You are over the age of eighteen (18) years; and
    2. You have read and you agree to these Terms and our Privacy Policy,

by clicking to accept, or ticking the box under, “I have read and agree to the Terms and Privacy Policy”.

If you do not agree to these Terms or the Privacy Policy, you will not be able to proceed with your intended purchase and we ask you to cease using the website.

Go Vita Ballarat ABN 81 327 130 795
Terms & Conditions

    1. CONTRACT

1.1. Contract


        1. You agree that by clicking to accept or ticking the box under, “I have read and agree to the Terms and Privacy Policy”, you are making an offer to enter into a contract with us.
        2. In relation to any purchases made through our website a contract between you and Go Vita Ballarat is formed when we communicate acceptance of your offer, this may be in the form of an email confirmation, ‘confirmation of order’ and/or automated response.
        3. These Terms will prevail over any other documentation or communication from you or us.
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1.2 Updates

We reserve the right to change these Terms from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the website.

    1. DEFINITIONS

2.1 Definitions

For the purpose of these Terms:


        1. “Price” means the amount payable by you to purchase a Good, any tax or GST imposed on the sale, and the applicable delivery fee. The individual prices of each Good, taxes and applicable delivery fees are detailed on our website.
        2. “Goods” means all goods and products sold through the website.
        3. “You” is a reference to the person or entity that purchases the Goods.
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3. TERMS OF PURCHASE

3.1 Sale and Purchase

Subject to your compliance with these Terms, in consideration for the payment of the Price, we agree to sell you the Goods.

3.2 Payments


        1. We reserve the right to accept or reject (in whole or in part) any order(s) for Goods placed by you (“an Order”).
        2. Once an Order has been received and accepted by us, an order confirmation will be sent to your nominated email address. Payment of the Price is not considered ‘acceptance’ of an Order by us.
        3. If we reject an Order, an order rejection will be sent to your nominated email address and you will receive a full refund of the Price paid.
        4. Payments may be made using , and by other means permitted by us from time to time.
        5. All Prices appear in Australian dollars and are inclusive of GST (where applicable).
        6. You may update your payment method or details at any time by logging in to the online shop.
        7. We use eWAY for our online transactions. All online payment transactions are secured payments. If you have questions about security of payment, you can email us at shop@govitaballarat.com.au.
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3.3 Variation to Orders

We reserve the right, acting reasonably, to vary any specifications and other information we provide to you about any Goods from time to time, and may obtain Goods from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative offered is substantially similar to that previously offered or represents an improvement.

3.4 Ownership of Goods

We are not obliged to supply or deliver any Goods you have ordered until you have paid the Price in full (including any associated charges) for those Goods.

3.5 Packaging

Unless otherwise expressly agreed by us in writing, packaging (if any) will be provided only in accordance with our standard practices from time to time. If we agree to any additional or special packaging for you, then you must pay us the additional fees calculated at our rates and specified in the specific written agreement.

3.6 Manufacturer Guarantees and Warranties


        1. We will use our reasonable endeavours to assist you to obtain the benefit of any guarantee or warranty offered by the original manufacturer or supplier of any Goods that we sell to you. This provision does not require us to commence legal proceedings or incur legal costs.
        2. We use reasonable endeavours to ensure that Goods supplied by us are sourced from reputable and qualified manufacturers, by making preliminary enquiries about suppliers and by making preliminary checks. It is not practicable to test individual items.
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3.7 Description of Goods


        1. We sell Goods sourced from manufacturers and other suppliers and sell to you based on their descriptions. You must decide what purpose to use those Goods for.
        2. Any descriptions or the like that we provide, are approximations provided by us in good faith based on advice from the relevant manufacturer or supplier. All descriptions on our website do not represent any endorsement by us or reflect any independent assessment by us and are provided only for general guidance and information only.
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3.8 Intellectual Property Rights in relation to Goods
If there is any apprehension that any Goods we have supplied to you infringe the rights of others you must tell us and must give us the opportunity to modify, alter or substitute the alleged infringing item or items. This provision is in addition to any of our other rights.

    1. CUSTOMER’S OBLIGATIONS AND CUSTOMER ACCOUNT

4.1 Customer’s Obligations

You agree to:


        1. co-operate with us and provide us with any information reasonably required by us to provide you with the Goods;
        2. register your details in the website;
        3. keep us notified of your correct name, postal address and any phone, fax or email information; and
        4. comply with all of these Terms.
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4.2 Customer Account


        1. You may choose to purchase Goods using a customer account or by checking out as “a guest”.
        2. If you wish to create a customer account, you warrant and represent to us that you will:
          1. only submit accurate information;
          2. keep your personal information up to date and accurate at all times;
          3. choose an appropriate password (having regard to any password criteria posted on the website) and to keep your username and password confidential; and
          4. not transfer your account to another individual without our consent (which may be withheld in our absolute discretion).
        4. You must notify Go Vita Ballarat immediately of any unauthorised use of your username, password or customer account. We reserve the right to request that you alter or change your username and password if we believe that they have been compromised.
        5. You can alter your password at any time via the website.
        6. If you give access to your customer account to third parties (whether intentionally or by accident):
            1. we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access; and
            2. you agree you are liable for all purchases made through your customer account.
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4.3 Use of Computer


        1. While we try to ensure that the website does not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, electronic device, network or server that results from the download or use of the website
        2. You acknowledge that you are responsible for taking appropriate. precautions against viruses, hacking, and other types of computer misuse, even where the source of the malicious codes is from your access to our website.
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    1. ACCESSIBILITY

5.1 Accessibility

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      1. Go Vita Ballarat will make reasonable endeavours to ensure that the website is available 24 hours, 7 days a week, however Go Vita Ballarat cannot promise that access to the website will be uninterrupted or error free.
      2. You acknowledge and agree that there may be occasions when access to the website is interrupted due to updates, internet failures or power outages, and in this instance:
    3. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability; and
    4. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the internet, including viruses.
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5.2 Third Party Links

The website may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third-party websites or for goods or services provided by the operators of such websites.

6. DELIVERY OF GOODS

6.1 Estimated Delivery Time

Delivery times are estimates only and we are not liable for minor delays in delivery or other delays which are beyond our reasonable control.

6.2 Unexpected delay

In the event that, due to circumstances outside of our reasonable control, it becomes impossible, more difficult or more expensive for us to perform our obligations in our usual way we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. Without limiting those general words, this clause applies where we have problems due to accidents, strikes, transport difficulties, default or delay by our suppliers or manufacturers, or stock shortages.

6.3 Postponement of delivery

If you request that we postpone a delivery, we may immediately or at a later date pack, hold and invoice the Goods as if then delivered. On and from that time the Goods will be at your risk, although they remain our property until full payment is made. You agree to pay (on our request) any storage charges that we incur.

6.4 Separate deliveries

We may supply the Goods in a particular Order, by way of separate instalments. In that case, each instalment is deemed to be supplied under a separate order which is subject to these trading Terms.

6.5 Further information

Further information on our delivery policy, our carriers, delivery fees, and delivery timeframes can be found on our website.

    1. CANCELLATION, RETURNS AND REFUNDS

7.1 Cancellation Policy


        1. We are not obliged to accept any cancellation of any Order once accepted.

7.2 Cancellation fee

Where we do accept a cancellation, you must pay us a handling fee of $10.00, unless the cancellation is due to our error, in which case no fee or other amount is payable.

7.3 Returns and the Australian Consumer Law

Our return and refund policy can be found at the following link:

Where we do accept a return of goods, you must pay us a handling fee of $10.00, as well as an amount equal to any freight, insurance or other transport costs we incur in collecting the returned Goods from you, unless the return is due to our error, in which case no fee or other amount is payable.

You may have the benefit of consumer guarantees under the Australian Consumer Law. Provisions of the Australian Consumer Law and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows:

        1. Our liability in relation to Goods is limited at our option to:
            1. replacement of the Goods or the supply of equivalent Goods; or
            2. repair of the Goods; or
            3. payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
            4. payment of the cost of having the Goods repaired.

        1. Our liability in relation to services is limited at our option to:
        2. the supplying of the services again; or
        3. the payment of the cost of having the services supplied again.
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8. PRIVACY

8.1 Authority

You warrant that you have the authority to obtain, collect, and submit any personal information delivered to us in connection with the purchase of Goods from us.

8.2 Use of Personal Information

We may collect, use and disclose your personal information to perform our functions including for the purposes of improving the services we provide. The purposes for which we collect, use and disclose your personal information are detailed in our Privacy Policy. Disclosure of information collected may be to third parties, including the host of the platform of the website (WooCommerce).

8.3 Hosted on Cloud

Any personal information obtained, collected or submitted by us through the website may be hosted both on the cloud and on servers of Go Vita Ballarat. The servers for this cloud-based platform may be hosted in or outside of Australia.

8.4 Consent to Privacy Policy

By using the website and/or by agreeing to these Terms, you consent to your personal information being collected, used and disclosed in accordance with these Terms and the Go Vita Ballarat Privacy Policy.

    1. TERMINATION

9.1 Reservation of Rights

    • We reserve all of our rights to recover any loss or damage incurred as a result of your breach of these Terms.

    • We reserve the right to withdraw any Goods advertised for sale on the website.

9.2 Indemnity

You agree to indemnify and hold us harmless for any claims for loss or damage suffered by any person arising out of your breach of these Terms, including but not limited to:


        1. your failure to obtain proper authority to obtain, collect or submit any personal information to us;

        1. your failure to follow any instructions given;

        1. your misuse of a Good;

        1. your failure to provide us with true and accurate information; and

        1. your violating any of our intellectual property rights, including by granting any third party access to your customer account.

    1. OUR LIABILITY TO YOU

10.1 Exclusion

In no event will Go Vita Ballarat be liable (including liability for negligence) for any loss or damage (including death, personal injury or property loss or damage) whatsoever arising out of:

    • any loss or corruption of data, virus, hacking, trojan ware or scam that occurs as a result of or in connection with the use of or access to the website;

    • a person’s use of, access to or inability to use or access the website, or any internet website linked to the website;

    • the purchase of any Goods from us (unless clause 7 applies); or

    • a person’s use or misuse of any Goods purchased from us.

    • No economic loss

We will not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit or other economic loss suffered by you (or a third party) howsoever caused, as a result of any negligence, breach of contract, misrepresentation, loss or corruption of data, or otherwise.

    1. GENERAL

11.1 Overseas Recipients

Information submitted by you will be transmitted to and shared with third parties that may be located in other countries, in order to provide you with services, including but not limited to, transaction processing and fraud prevention. Our website is hosted by WooCommerce who is based in Australia and overseas. Our Privacy Policy includes further details on what information is shared.

11.2 Disclaimer
Information presented on our website is for information purposes only and is not intended to replace advice or treatment from qualified healthcare professionals. The information is not intended to treat or diagnose. Always consult your healthcare professional before taking nutritional or herbal supplements. If you are pregnant, breastfeeding, have any allergies or diagnosed conditions, always consult your healthcare professional before taking nutritional or herbal supplements.

11.3 Comments


        1. We welcome your comments on our website but all comments must be in accordance with the following rules, to ensure we do not breach the Therapeutic Goods Advertising Code (the Code). We will remove any comments that may result in us breaching the Code.
        2. When posting, commenting or tagging your friends and family (whether on our website or social media) do not:
            1. endorse our product if you are:
                1. an employee or contractor of a government authority, a hospital or a healthcare facility;
                2. a health practitioner, health professional or medical researcher; or
                3. involved with the production, sale, supply or marketing of our product;
                4. not using your own name on this social media platform;

            2. imply that a government authority, a hospital or a healthcare facility endorse our product;
            3. make comments about how a product works for you outside of its intended purpose, as these comments can be dangerous or misleading – our products are developed for particular purposes, as stated on the label and/or in our advertising;
            4. make comments about serious conditions, diseases, ailments or defects, such as comments about how a product helped with your treatment of a serious disease or how it will relieve a tagged person’s serious condition.

        3. We have an obligation to make sure any advertisements we make, including endorsements and testimonials, are not misleading. Therefore, we will disclose on our website:
            1. where a person has been, or will be, compensated for making a testimonial;
            2. where we have actors making the testimonial, such as in cases where the original person who made the testimonial does not want to appear in our advertisement; and
            3. where the person making the testimonial is an immediate family member of anyone employed by our business.

11.4 Entire Agreement

These Terms:

    • are the entire agreement of the parties concerning everything connected with the subject matter of these Terms; and
    • supersedes any prior representations, statements, promises or understanding on anything connected with that subject matter.

11.5 No waiver


        1. Any delay or failure to enforce any term of these Terms will not be deemed to be a waiver.
        2. There is no implied waiver by either party in respect of any term of these Terms and any waiver granted by either party shall be without prejudice to any other rights.
        3. Any waiver must be in writing and does not cover subsequent breaches of the same or a different kind.
        4. A waiver by a party of its rights under these Terms is only effective in relation to the particular obligation or breach in respect of which it is given.

11.6 No Assignment


        1. You must not assign any of your rights under these Terms to any person without our written consent. Any such consent may be given or withheld in our absolute discretion.
        2. We may assign any of its rights under these Terms to any person by written notice to you.

11.7 Severability

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

11.8 Exclusion of Implied terms

All conditions, terms and warranties that are or might otherwise be implied by law, practice, trade usage or international convention, are excluded to the fullest extent permitted by law.

11.9 Inconsistency with our agreements

These Terms prevail to the extent they are inconsistent with anything elsewhere in the Go Vita Ballarat Services Guides, New Member Packs, any earlier or later forms or similar documents (whether submitted by you or us). The only exception is where we agree otherwise, in writing signed by our authorised officer.

11.10 Governing law

You agree that all matters relating to the use of the website and purchase of Goods, including all disputes, are governed by the law of Victoria and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.

11.11 Contact Us

If you have any questions regarding the Terms, please contact us at: shop@govitaballarat.com.au