TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF USE 

The following general terms and conditions ("terms") apply to the use of Bodhi Cleanse.  By clicking “I Agree” or by using Bodhi Cleanse, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using Bodhi Cleanse.  In these Terms, the expressions “we”, “us” and “our” are a reference to A.D HISCOCK & K.L PIKE ABN 77 802 040 954 and “Bodhi Cleanse” is a reference to our website, our platform and our products and our services, as the case may be.

WE STRONGLY ADVISE AGAINST USING BODHI CLEANSE WHILE YOU ARE PREGNANT OR NURSING, A MINOR, SUFFERING FROM ANY MEDICAL CONDITION OR TAKING PRESCRIPTION MEDICATION. WHILE WE TAKE REASONABLE CARE TO EXCLUDE ALLERGY PRONE INGREDIENTS (SUCH AS NUTS) FROM OUR PRODUCTS (EXCEPT WHERE INDICATED OTHERWISE), PLEASE BE AWARE THAT IT IS POSSIBLE TRACES OF SUCH INGREDIENTS MAY STILL BE PRESENT.  IF YOU ARE UNSURE IF CLEANSING OR USING BODHI CLEANSE IS RIGHT FOR YOU, CONSULT YOUR MEDICAL PRACTITIONER.

THE HEALTH AND LIFESTYLE INFORMATION CONTAINED ON OUR WEBSITE IS FOR EDUCATION PURPOSES ONLY. THE INFORMATION IS NOT MEDICAL ADVICE AND MUST NOT BE TAKEN TO BE A SUBSTITUTE FOR A CONSULTATION WITH YOUR HEALTH CARE PROFESSIONAL OR DOCTOR.  IT IS NOT INTENDED TO DIAGNOSE CONDITIONS NOR PRESCRIBE THE USE OF ANY REMEDY, DIET OR LIFESTYLE PRACTICE.  YOUR HEALTH IS YOUR RESPONSIBILITY AND IF YOU HAVE ANY CONCERNS RELATED TO YOUR HEALTH WE RECOMMEND THAT YOU SEEK THE ADVICE OF YOUR HEALTH CARE PROFESSIONAL OR DOCTOR.

Key terms

content” means any text, graphics, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on Bodhi Cleanse or any of our products.

products” means any juice, goods or other products available on or through Bodhi Cleanse or otherwise supplied by us as described on our website, including without limitation the One Day Bodhi Cleanse, Three Day Bodhi Cleanse and Five Day Bodhi Cleanse.

platform” means the software platform provided by us to users through the website known as Bodhi Cleanse.

services” means the products, services (including delivery services), information and resources provided by us to users through the website and platform.

subscription” means a subscription to Bodhi Cleanse, as described under ‘user subscriptions’ below.

user” means any person who completes Bodhi Cleanse registration process, as described under ‘user account password and security’ below, or otherwise uses the platform or the services.

website” means the website operated by us at www.bodhicleanse.com.au.

Eligibility

Bodhi Cleanse is intended for use by adult individuals. Users under the age of 18 may only register or otherwise use Bodhi Cleanse with the permission of a parent or guardian. Parents and guardians of users under the age of 18 must read and agree to be bound by these terms, and agree to be responsible for such use of the services provided by Bodhi Cleanse. 

User account password and security

Using Bodhi Cleanse, or using any of our services, may require you to open an account.  To do so, you must complete the registration process in the manner described on our website.  By opening an account, you agree that all information you provide is accurate and up to date and does not infringe any other person’s rights.  You must also update your account details if any of them change.

Registration is non-transferable.  You are responsible for all of the activities that occur under your account.  You should carefully choose your password and user name and protect them from unauthorised use.  Please let us know immediately of any unauthorised use of your account or any other breach of security.  We are not liable for any loss if someone else uses your password or account.

Information you provide to us

When you use Bodhi Cleanse you may send personal information to us.  We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to us and our privacy policy which may be accessed at https://bodhicleanse.com.au/tandc/privacy-policy/

We do not claim ownership of this information or any other content, data or information that you may provide to us.  You will continue to own any and all intellectual property rights in such information.  However, you agree to grant us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner.  This right continues even if you no longer use Bodhi Cleanse.  We will only use this information for the purposes of operating, promoting or improving the Bodhi Cleanse platform, for developing other products or services, and for any other purposes set out in our privacy policy.  This means, for example, that we might use this information to compile statistical information for use in marketing Bodhi Cleanse, to make improvements to Bodhi Cleanse, or to develop complementary products or services to Bodhi Cleanse.

If you would like to know more about how we use, store or handle your personal information, please contact us.

Payment terms  

If you make any payments for using the services with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise us to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST.  All payments and purchases made in connection with Bodhi Cleanse must be paid in Australian Dollars (AUD). We reserve the right to accept or reject your order for any reason, without having to provide a reason.

Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Bodhi Cleanse to you. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Bodhi Cleanse.

We will not be liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information being provided by you, we reserve the right to seek reimbursement for such expenses.

Refunds

All payments and purchases made in connection with Bodhi Cleanse and are non-refundable unless we have received notice from you cancelling your order at least 48 hours prior to the date that the purchased products were to be delivered or otherwise supplied to you. Notwithstanding this, under no circumstances are refunds available for a Five Day Bodhi Cleanse unless we have received notice from you cancelling the Five Day Bodhi Cleanse at least 48 hours prior to the date that any products were to be delivered or otherwise supplied to you with respect to that Five Day Bodhi Cleanse.

Where a product order is cancelled less than 48 hours before delivery, you agree to indemnify us against any losses incurred as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the product order which is subsequently cancelled.

Any notices of cancellation of an order must be in writing and emailed to: hello@bodhicleanse.com.au

Our prices

The price of our services will be as quoted on our website from time to time, except in cases of obvious error. We may need to revise the price of our services up or down from time to time. We will provide notice of such price variations on our website and, for users on a subscription, by email sent to such users not less than 14 days before the price variation takes effect.

Delivery of products

We will only deliver products to users who are located within 30 kilometres of the Adelaide CBD.   If you are located more than 30 kilometres from the Adelaide CBD, then you must arrange your own means of collecting purchased products from us (unless we, in our absolute discretion, choose to accept such a delivery).

Unless specified on our website, our prices do not include delivery charges.  We may charge users a delivery, postage and/or handling fee on any product order, as specified on our website.

We will use best endeavours to deliver products between 4pm and 8pm (Adelaide time) on Sunday and Wednesday evenings (or such other times as specified on our website).  Delivery schedules for one-day, three-day or five-day cleanses will be as set out on our website at the time of the relevant product order.

We will not deliver any products unless you or someone authorised by you is available to accept the products upon delivery. We will not leave the products unattended at a delivery location under any circumstances. We may require the person accepting the delivery to provide us with proof of that person’s identity.

We will not deliver any product unless we receive full payment for that product at least 48 hours before the relevant delivery date.

In any case, if an event occurs that is beyond our reasonable control, then we may not be able to deliver to you or any other person for the period any such delay, in which case we will endeavour to provide you with notice of the delay as soon as reasonably possible.

We accept no liability or responsibility for incorrectly placed orders or for incorrectly supplied delivery details.

All determinations made by us (acting reasonably) regarding the delivery of products, including specifically in relation to the distance required to be travelled for the delivery of products, are final and decisive.

Acceptance of products

If you fail to advise us of any fault in the products within 24 hours of delivery, you are deemed to have accepted the products and to have accepted that the products are not faulty and accord with your order. Nothing in this paragraph affects your rights for any alleged failure of a guarantee under the Australian Consumer Law.

Risk and title

All products will be at your risk from the time that they are delivered or otherwise supplied to you. Ownership of the products will only pass to you when we have received full payment of all sums due in respect of the products, including delivery fees where applicable.

Bodhi Cleanse Subscription

We may offer users the ability to subscribe to Bodhi Cleanse through our website (Bodhi Cleanse Subscription).  We will deliver or otherwise supply (as the case may be) products and services to subscription users until the Bodhi Cleanse Subscription is cancelled in accordance with these terms.

Bodhi Cleanse Subscription users agree to pay the recurring fee each billing period as set out on our website at the time of subscription.

Users may cancel their Bodhi Cleanse Subscription at any time by providing us with at least 72 hours’ notice and otherwise by following the subscription cancellation process on our website or by sending us an email to hello@bodhicleanse.com.au We will continue to supply, and you agree to pay for, any product deliveries for the period of up to 72 hours after cancellation.

Any other adjustments to a Bodhi Cleanse Subscription (such as pauses, changes of address or changes of payment method) must be agreed by us, acting reasonably, not less than 72 hours prior to the next date of delivery or other supply (as the case may be) under the subscription. You must promptly notify us of any changes to your information that you provided as part of the Bodhi Cleanse Subscription process.

If we revise the prices of our Bodhi Cleanse Subscription in accordance with the ‘Payment terms’ above, we will apply the revised pricing for your subscription to your existing payment details.  You do not need to do anything to accept the change of price. If you do not accept such a price variation you may cancel your subscription in accordance with these terms before the revised price come into effect.

We reserve the right, in our absolute discretion, to cancel a user’s Bodhi Cleanse Subscription at any time without giving any reason for our decision.

Specials and promotions

We may offer users certain specials and promotions from time to time. These terms apply to any such specials or promotions along with the prices and other conditions applicable to the special or promotion as set out on the website (except in cases of obvious error).

We reserve the right to withdraw or cancel any special or promotion (other than specific instances of a special or promotion that you have already paid for) for any reason and at any time.

Outcomes and use and warranties

We have spent a significant amount of time developing and refining Bodhi Cleanse and are confident you will enjoy using Bodhi Cleanse and find it useful.  However, we cannot promise or guarantee any specific outcomes from its use. We do not make any representations about the services or about the user experience, including with respect to the quality of the products or of Bodhi Cleanse.

You acknowledge that the products displayed on our website are indicative only and that the products you receive may vary from those displayed according to the availability of fruits, vegetables or other ingredients (if any) which we use in our products. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

This notwithstanding, 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 goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Intellectual property

We and our licensors (as applicable) own all intellectual property in Bodhi Cleanse. We own all trade marks, branding and logos contained in, or relating to, Bodhi Cleanse and you cannot use them for any purpose without our express written consent.

External sites

On our website, you may come across links or references to external merchants or suppliers.  Please be aware that we do not make any promises about what they may supply to you.  Therefore, any transaction you have with these merchants are between you and these merchants, and we do not get involved.  By accessing external website links to these merchants and other sites through Bodhi Cleanse, we do not promise that they are appropriate, that they work or that they are virus free.

Advertising

Ads appearing on our site may be delivered to users by advertising partners, who may set cookies.  These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

Changes to and breaches of these terms

We may change these terms of use at any time.  Before changing these terms, we will try to give users notice of such change by way of update before they take effect, although this may not always be possible.  If you continue using Bodhi Cleanse after the changes take effect, you are taken to have agreed to the changes.

We may investigate any suspected non-compliance with, or breach of, any provision contained in these terms and conditions for any reason.

We reserve the right to suspend or terminate a user’s right to access Bodhi Cleanse for any reason.  This includes, but is not limited to, where we reasonably believe that a user is in breach of a provision of these terms and conditions.

Information on Bodhi Cleanse

While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on Bodhi Cleanse, that information is provided in good faith and on an “as is” and “as available” basis.  You acknowledge that any information available on or accessible through Bodhi Cleanse is intended to be general information only, and such information does not constitute professional advice.  

Disclaimer

By accessing our website and using Bodhi Cleanse, to the extent permitted by law you assume all risks associated with such access and use.  You agree not to hold us responsible for your use, or other users use, of Bodhi Cleanse.

We are not, and do not hold ourselves out to be, medical professionals.  While we provide information, we do not give medical advice and any concerns you might have should be directed to your health care practitioner. Nothing on Bodhi Cleanse should be construed as medical advice. Any and all information on Bodhi Cleanse must not be interpreted as a substitute for medical advice or a doctor’s consultation, evaluation, or treatment.  Bodhi Cleanse is intended for use by healthy adult individuals. Bodhi Cleanse is not intended for use by children, pregnant women, or individuals with any type of health condition.

While we use reasonable measures to ensure the accuracy and currency of data and information on our website, we are not responsible for the data and information supplied to or by users or third parties.  We make no guarantee that the data on our website is accurate or current.

 

To the maximum extent permitted by law, we (and our directors, employees and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from your use of Bodhi Cleanse (including without limitation any consequential losses or damages) and any liability we owe is limited, to the maximum extent permitted under law, to the amount you paid to use Bodhi Cleanse, or (if we choose) us providing the service or product again. 

Indemnity and release

To the maximum extent permitted by law, you agree to indemnify, defend and hold us (and our directors, employees and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:

  • activity which you engage in with or through our platform, our website or our services;
  • any breach of these terms by you;
  • any breach of any rights of a third party by you; and
  • any breach of any applicable law by you.

Termination

We may, at our discretion, suspend your access to all or part of our platform, our website and/or our services, or terminate our agreement with you and your access to all or part of our platform, our website and/or our services for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these Terms, without the need to provide any reason for doing so.

Further information

If you have any questions about the terms or would like any further information, please contact us.

 

Privacy Policy 

Your privacy is important

This privacy policy outlines how A.D HISCOCK & K.L PIKE ABN 77 802 040 954, trading as “Bodhi Cleanse”, and its related bodies corporate and associates (we or us) collects, holds, uses and discloses personal information as required by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). 

Kinds of personal information we collect

We collect and hold personal information about customers and potential customers, contractors and other people who come into contact with us (you).

The kinds of personal information we may collect and hold may include your name, address, phone number, e-mail address, geographic location, debit or credit card details and any other information you provide to us when you use our website, including which of our pages or other webpages you have visited.

How we collect personal information

We will generally collect personal information about you directly by way of forms and other documents or information you submit to us (whether in paper or electronic form), correspondence you provide to us and telephone calls or meetings with you.

How we use personal information

We will only use personal information for the following purposes unless otherwise required or permitted by law:

  • to provide you with the best possible service in supplying you with our goods and services;
  • to answer any questions or inquiries you direct to us;
  • to provide you with marketing materials in relation to offers, specials, products and services we have available from time to time;
  • for our internal management purposes, to manage our relationship with you to manage the payment and recovery of amounts payable to us by you or an entity related to you (as applicable); and
  • for other purposes which are reasonably necessary in connection with our normal functions and activities.

If we are unable to collect personal information relating to you, we may be unable to provide you with the goods or services you require or continue our relationship with you.

Disclosure of your personal information

We may disclose personal information to the following kinds of entities for the relevant purposes mentioned above:

  • our contractors, consultants, advisers, associates and related entities;
  • any industry body, tribunal, court or otherwise in connection with any complaint made by you about us; and
  • other entities with your consent or as permitted or required by law.

We may disclose the kinds of personal information listed above to overseas.  As at the date of this policy the recipients will be located in Australia, although the countries in which the recipients are located may change over time.

How we hold personal information

We hold personal information in paper form and electronic form.  We have in place steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure.

Direct marketing communications

From time to time we may use your personal information to provide you with marketing materials in relation to offers, specials, products and services that we have available.  If you would not like to receive direct marketing materials from us you may notify us using the contact details set out below.

Cookies

A cookie is a data file that a website transfers to your computer.  This enables the website to track the pages you have visited.  A cookie only contains information you supply.  It cannot read data on your computer.  There are many types of cookies that may be used for different purposes.  For example, some cookies help a website to remember information about your visit, like your preferred language and other settings while others may identify which pages are being visited or offer security features.  Our website uses cookies.  You can set your browser to refuse cookies, however, this may mean you are unable to take full advantage of our website.

How to obtain access to your personal information

You may obtain access to personal information which we hold about you by contacting us using the contact details set out below.   When you request copies of your personal information held by us we will endeavour to provide you with such personal information as soon as reasonably practicable.

We may require you to verify your identity and specify what information you require.  There may be occasions when access to personal information we hold about you is denied.  Such occasions would include where release of the information would have an unreasonable impact on the privacy of others.

Accuracy and completeness of personal information

While we will endeavour to ensure that the personal information collected from you is up to date accurate and complete, we will assume that any personal information provided by you is free from errors and omissions.  You may request that we update or vary personal information that we hold about you using the contact details listed below.

How to make a complaint about a breach of your privacy rights by us

If you are of the view we have breached the APPs, the Privacy Act, or any related privacy code in dealing with your personal information, you may make a complaint by writing to us using the contact details below and we will endeavour to respond and provide you with confirmation as to how we propose to deal with the complaint as soon as reasonably practicable.

If you are not satisfied with our response to your complaint, you may make a complaint to the Office of the Australian Information Commissioner by visiting the following website and following the steps: http://www.oaic.gov.au/privacy/privacy-complaints.

Anonymity and pseudonyms

You have the option of not identifying yourself or using a pseudonym when dealing with us in relation to privacy matters unless we are required by law or a court/tribunal to deal with individuals who have identified themselves or it is impractical for us to deal with you if you have not identified yourself in the circumstances.

Changes to this policy

We may, from time to time, review and update this privacy policy to take account of new laws and technology, changes to our functions and activities, and to make sure it remains appropriate. 

Contact us

Please direct all complaints and queries in relation to your privacy or this policy to: Privacy Officer, A.D HISCOCK & K.L PIKE ABN 77 802 040 954, hello@bodhicleanse.com.au, Phone:0421 649 064.

 

Copyright © Bodhi Cleanse 2014
ABN 77 802 040 954