Terms of service – Optislim

INTRODUCTION

Welcome to the Optislim Website (“Website”).  In this document, “Optislim” or “us” or “we” or “our” refers to Opti-Pharm Pty Ltd ACN 110 511 629, as the owner of the Website.  “You” or “
“your” refers to the user or viewer of our Website and/or purchaser of products from the Website. By using our Website and/or purchasing our products, you agree to comply with and be bound by the following terms and conditions (“Terms”). Please review the following Terms carefully. If you do not agree to these Terms, you should not use this Website or purchase products from it.  

INFORMATION ON THE WEBSITE

Whilst every effort is made to update the information contained on this Website, to the extent permissible at law Optislim makes no representations or warranties, whether express or implied, as to the sequence, accuracy, completeness, or reliability of information, opinions, research information, data, and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Website. Optislim reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only.

PRODUCTS AND SERVICES

Our products are sold online and in retail. Whilst we have made every effort to ensure that the images correctly depict the products, we cannot guarantee that your computer’s monitor will not display the products differently. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice with prospective effect, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited at law.  To the extent permissible at law, and subject to any other provision in these Terms to the contrary, we do not warrant that products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected.

ORDERING PRODUCTS

By placing an order for any products on the Website (“Order”), you are offering to purchase the products on and subject to these Terms.  Each Order you place will be a separate and binding agreement between you and us with respect to the supply of the products in accordance with these Terms.

By placing an Order and/or using our Website, you are acknowledging agreement to and understanding of our privacy policy.

From time to time, we may need to cancel an Order.  Your payment for such cancelled Order will be refunded to your original payment method, which can take anywhere from 3 - 5 business days to be reflected in your bank account.

Dispatch times may vary according to availability and any representations made as to delivery times are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

You acknowledge that all Orders through the Website are with respect to products intended for personal and domestic use only and non-commercial use.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

We reserve the right to accept or reject an Order for any reason at any time.

When placing an Order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place the Order, and that there are sufficient funds to cover the cost of the products ordered.

We reserve the right to hold an Order pending credit card verification.

If our merchant bank is not satisfied with the information you provide, your Order may be cancelled and refunded.

Changes to items on orders, shipping addresses or names are not permitted once an Order has been placed. Further, we can refuse any amendment or your request to cancel an Order at any time. 

Please carefully check that your Order (including delivery address) is accurate before you submit it as unless otherwise provided for under these Terms, no cancellations or changes will be accepted.

PRICES

The price with respect to any products is specified on the Website (“Price”). The Price is exclusive of any delivery fees, unless specified otherwise.

Where a delivery address within Australia has been nominated, the Price includes Australian GST.  Generally, Australian GST is not applicable where a delivery address outside Australia has been nominated, though additional taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If products are over the relevant country’s threshold and customs entry is required, there will also be an additional administration charge from our shipping partners for handling the customs clearance. We do not cover import liabilities that may be applied by the government of the destination country.  We will not accept responsibility for customs delays, duties or taxes that may apply in the destination country.

Where products are sold outside Australia, applicable sales tax may apply and will be in addition to the quoted Price. 

Any currency conversion fees or rates used to determine the amount you pay for the products is determined by your credit card provider. We are not liable for any difference between the Price quoted on the Website and the actual amount charged to you for the products you order as determined by the fees and conversion rate used by your credit card provider.

In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Where applicable, we will issue you with an Australian tax invoice once payment in respect of the Order has been processed.

While we take all reasonable precautions with respect to encrypting and securing your payments to us, we cannot guarantee the security of any transaction.

We reserve the right to amend any pricing errors displayed whether due to human error, computer malfunction, or otherwise.

Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

Please note, free shipping thresholds (if any) only apply to the Order after discount codes have been applied and before shipping costs are added i.e. the amount spent on items in your order (excluding any shipping costs) must exceed our minimum spend in order to qualify for free shipping.

INTERNATIONAL TAXES & DUTIES

If you order outside of Australia, you may be charged import duties and taxes by your local customs authority when your parcel is received into your country. Duty rates vary depending on the value of the products, what they are made of and where they are made. Importantly, all countries have different rules regarding this so we are unable to tell you exactly what duties you may be required to pay as this is determined on import by local customs officials. You will not always be required to pay duties or import tax, but it is important that you make yourself aware of the duties that apply in your country in case you are charged to avoid any surprises.  

Please note, if you decide not to pay import taxes or duties and choose to reject the parcel, you will not be refunded for your order.

SHIPPING AND DELIVERY

Please refer to our shipping policy.

RETURNS AND CONSUMER LAWS

Please refer to our returns policy.

MONEY BACK GUARANTEE FOR SELECT PRODUCTS

Without limiting any other right or remedy you may have including under the Australian Consumer Law, we offer a “money back guarantee” in the respect of some products.  This is only available to customers located in Australia and New Zealand.  Our guarantee is that you will lose at least some weight, using one of the following products:

- Very Low-Calorie Diet (VLCD) Shakes, Bars and Soups
- Optiman For Him shakes
- Optislim For Her shakes

To qualify for the 30-day money-back guarantee, you must meet the following conditions:

You must have not lost any weight since using the product;

You must submit your refund request within 30 days of purchase, with proof of purchase (e.g., receipt or order number);

You must provide proof of consistent product usage as per the instructions (e.g. photos of used packaging, weight loss diary, or fitness app log);

You must truthfully answer any reasonable question we ask about your usage, including how the product was used and for how long, any dietary or exercise efforts made alongside product usage and the results experienced compared to your expectations.

Claims that do not meet these requirements, or where we, acting reasonably, suspect lack of honesty in the information and responses provided, may be declined at our reasonable discretion.

A maximum of one product item can be refunded per customer. The 30-day period begins when your tracking says your order has been delivered.  You must contact our customer service team within that period and must provide your order number to be eligible for a refund.  Refunds will only be given using the same method of payment that the order was bought using, and will exclude the cost of shipping.  

COPYRIGHT AND INTELLECTUAL PROPERTY

The content, organisation, graphics, design, compilation, digital conversion, and other material appearing on the Website are protected under applicable copyright and , trade mark laws.

Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Website and all of the content. Your use of our Website and your use of and access to any content does not grant or transfer to you any rights, title, or interest in relation to our Website or the content. You must not:

• Copy, in whole or in part, any of our content;
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate to any third party any of our content; or
• Alter or modify any of the content, cause any of the content to be framed, scraped or embedded in another website or platform, or create derivative works from the content, or otherwise infringe our intellectual property rights.

RESTRICTIONS AND PROHIBITIONS ON USE

Your access and use of the Website and any information, materials, or documents therein are subject to the following restrictions and prohibitions on use:

You may not:

• Use the Website or any materials obtained from the website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
• Use our Website to defame, harass, threaten, menace, or offend any person;
• Interfere with any user using our Website;
• Tamper with or modify our Website, knowingly transmit viruses or other disabling features, or damage or interfere with our Website, including (without limitation) using trojan horses, viruses, or piracy or programming routines that may damage or interfere with our Website;
• Use our Website to send unsolicited email messages; or
• Facilitate or assist a third party to do any of the above acts.

EXTERNAL LINKS

External links may be provided for your convenience, but the content appearing at any linked site is beyond the control of Optislim, and no representation is made as to  the accuracy or reliability of such content.  Your use or reliance on any external links and the content provided is at your own risk. When visiting external websites, you must refer to that external website's terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Optislim.

DISCLAIMER OF WARRANTIES

To the extent permitted at law, Optislim makes no warranties, representations, statements, or guarantees regarding the Website or the information contained on the Website, or material and information transmitted over our system.

DISCLAIMER OF LIABILITY

To the extent permissible at law, and subject to any other provision to the contrary herein, Optislim shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party, as a result of, or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, the purchase or use of products, use of your personal information (provided it is in accordance with our privacy policy and applicable law), or material and information transmitted over our system. In particular, to the extent permissible at law Optislim shall not be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays in receiving goods ordered, inaccuracies and errors in any content appearing at the Website,   and for any acts or omissions done in reliance thereon.

PRIVACY

Optislim takes your privacy seriously, and any personal information provided through your use of the Website or otherwise is subject to our Privacy Policy, which is available on the Website.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by both you and us.

VARIATION

Any modifications or new features or resources which are included to complement the Website shall also be subject to the Terms. We reserve the right to update, modify, and/or replace any part of these Terms, with prospective effect, at our sole discretion by posting updates and/or changes to this Website. We recommend you check our Website regularly to ensure you are aware of our current Terms. We do not undertake to keep our Website up-to-date, and to the extent permissible at law, we are not liable if any Content is inaccurate or out-of-date.

APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

COMMENTS OR QUESTIONS

If you have any questions, comments, or concerns arising from the Website, the privacy policy, or any other relevant terms and conditions, policies, and notices or the way in which we are handling your personal information, please contact us at customerservice@optipharm.com.au.