Terms of Service

Thank you for visiting www.pogosupps.com.au (the Website) (which may be available through other addresses or channels), which is owned by Millane Investments Pty Ltd ACN 637 821 553 trading as ‘Pogo Supplements’ (Pogo Supplements/we/us/our).

These terms and conditions create a contract between the person who accesses or views the Website and/or the person in whose name the account is created (you) and us, which is comprised of these terms and our Privacy Policy (collectively the Agreement). Please read the Agreement carefully. 

The Agreement applies to the access to and/or the use of the Site, the online store accessible at [INSERT STORE ADDRESS] (the Store), any purchase that you make from Pogo Supplements (either through the Site, Store or otherwise) and the use of the information services and content provided through this Site. Permission for the person nominated as the user (the User) to use the Store is conditional upon you agreeing to the terms and conditions set out below. By accessing and using this Website, you are agreeing to comply with and be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must immediately cease using the Site and/or Store and may not access or use the Site or the Store or the services which we provide. 

You acknowledge and understand that the taking of supplements necessarily involves inherent risks, including risks of illness, intolerances, allergic reactions and in extreme circumstances can lead to death. It is the sole responsibility of you and the User to ensure that the User obtains any specific medical advice by an appropriately qualified physician or medical/health specialist with regard to whether the individual User can consume the products purchased. To this end, we strongly recommend that the User seeks independent medical advice from a qualified specialist prior to commencing use of the Services.

THE SERVICES

1. The “Services” are, collectively, supply of supplements and any services, advice, goods, products, content including descriptions, commentary, photographic images and videos and other features made available or advertised by us through the Website, including but not limited to any online ordering, booking and/or payment platform (the Content).

2. Any third party who provides the Content or who is otherwise associated with Pogo Supplements has represented to Pogo Supplements that they are professionals with appropriate expertise and experience, however Pogo Supplements makes no warranty or guarantee that the third party is appropriately qualified or experienced in relation to the goods or services that they provide.

3. Any Content provided should not be considered to be professional advice specific to the User, and we strongly recommend that you engage appropriate professional advisors prior to acting on the information in any Content. 

4. No third party providers are employed by us, nor do we endorse or recommend any third party provider. Specifically, it is up to you to make your own enquiries regarding the provider prior to engaging them to provide any additional services or content (paid or otherwise). 

5. Pogo Supplements grants to you, and you accept, a non-exclusive, non-transferable, limited licence for the User to use the Services strictly in accordance with this Agreement. 

6. The licence provided under this Agreement is personal to you and the User and you must not re-sell, sub-license, rent, lease or otherwise distribute the Services. All other rights in respect of the Services are reserved to us.

7. The User may only use the Services and the Content for personal, non-commercial purposes. 

8. To use our Services, the User needs compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Services’ performance may be affected by these factors.

9. You acknowledge that the terms of agreement with the User’s respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Services. As a result, the User may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Services, you will be assumed to have received permission from the bill payer for using the Services. 

10. Your right for the User to use the Website and/or the Store is subject to your ongoing compliance with all provisions of this Agreement. 

11. If you are not the User, you are responsible for and liable for ensuring that the User complies with all provisions of this Agreement, as if they were named as you in it. 

12. Our Site and Store may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

13. We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Services and/or the Content at any time without notice to you, in our sole discretion 

THE FEES

1. You agree to pay the fees for the provision of the Services by Pogo Supplements to the User, as specified by us at the time at which you complete the User’s registration to obtain the Services or otherwise place an order for any product (the Fees). 

2. All fees exclude any applicable taxes (including goods and services tax) unless otherwise stated. 

3. Pogo Supplements may use various billing service providers to collect the Fees. When using their services, you agree to their terms and conditions. 

TERM OF THE AGREEMENT

1. In this clause, the word, ‘Term’ means the period during which the User will have access to the Services, as specified by us at the time at which you complete the User’s registration to obtain the Services. 

2. This Agreement will commence immediately upon you clicking on the "I Agree" button and will continue until the end of the Term or until otherwise terminated by us. 

3. Pogo Supplements may terminate this Agreement at any time by written notice to you if we cease to offer the Services or if you or the User breach any term or condition of this Agreement. 

4. Pogo Supplements may suspend the User’s access to the Services if any Fees are not paid when they fall due.

 

ADDITIONAL LIMITATIONS OF LIABILITY

In relation to your use of the Website, Store, Services and Content, the following limitations of liability apply:

1. you warrant that if you are not the User, that you accept all responsibility and liability for the User’s use of the Services, subject to the terms of this Agreement;

2. you acknowledge and agree that Pogo Supplements will not be liable to you, the User or any other persons for:

• • your use (or misuse) of the Website, Store, Services or the Content;
  • any loss or damage of any kind that is directly or indirectly connected to your wrongful, wilful or negligent act or omission; or
  • any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage,

to the extent it is not directly caused by Pogo Supplements’ wilful or negligent act or omission;

1. to the fullest extent permitted by law, you release Pogo Supplements from any claim, loss, damage or other liability incurred by you in relation to your use of the Website, Content or Services, except to the extent such claim, loss, damage or other liability arises directly as a result of the wilful acts or omissions of Pogo Supplements;

2. Pogo Supplements does not represent or guarantee that the Services, Content or the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Pogo Supplements from any liability relating thereto;

3. you assume full responsibility for backing-up and/or otherwise protecting the User’s data in the Services against loss, damage or destruction; and

4. Pogo Supplements is not responsible for data charges the User may incur in connection with their use of the Services. 

You indemnify Pogo Supplements for:

1. all losses and expenses we incur (including legal costs on an indemnity basis) we; and

2. all liabilities we incur;

directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you or the User. 

You acknowledge and agree that this Agreement’s limitations of liability in this clause 4 are essential to Pogo Supplements and Pogo Supplements would not have entered into this Agreement in their absence.

Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law. 

Despite clause 4.2, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. 

To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:

1. the supply of the Services or Content provided for under this Agreement; or

2. the payment of the cost or having the Services or Content supplied again. 

 

INTELLECTUAL PROPERTY

1. You agree that the Services, including but not limited to the Programs, the Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Pogo Supplements and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement. 

    

2. No portion of the Services, the Programs or the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services, the Content or the Programs in any manner, and you shall not exploit the Services, the Content or the Programs in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

3. If, at the time of use, the Pogo Supplements name and logo are registered trademarks of Millane Investments Pty Ltd in Australia, you are granted no right or license with respect to any of these trademarks.

4. If you believe that any Programs or Content available through the Services infringes the copyright claimed by you, please contact Pogo Supplements.

 

PRICES AND PAYMENT

1. Unless otherwise specified, all prices shown in the Website will include GST.

2. Pogo Supplements may use a payment gateway or other online payment platform (the Payment Platform) for all financial transactions entered into when placing an Order via the Website, and if the Payment Platform is used by Pogo Supplements:

 

• • you acknowledge that you agree to any terms and conditions relating to a third-party arrangement when using the Payment Platform when placing an Order via the Website; 
  • Pogo Supplements is not able to access your credit card or other financial details and you agree that Pogo Supplements will not be held liable for any loss you incur arising from your use of the Payment Platform; and
  • you acknowledge that any terms and conditions relating to the Payment Platform do not form part of these Terms and Conditions and that any such arrangement creates a separate contract between you and the provider of the Payment Platform to which Pogo Supplements is not a party. Pogo Supplements cannot be held liable for any loss or damage suffered by you that arises directly or indirectly as a result of your use of the Payment Platform.

1. If a payment gateway is not used by Pogo Supplements, you agree that payment may be made by any method specified by Pogo Supplements and agreed by you, which may include payment by credit card or debit card and further; 

• • you acknowledge a surcharge may apply, will be added to all sales; and
  • this surcharge includes the merchant fee. 

1. If our Website includes any option for an ongoing subscription service and you have ‘opted in’ then you agree that; 

• • the membership, fee will be charged on a recurring basis in accordance with the frequency and amount specified; and  
  • ‘the fee’ will be charged to the credit card or other financial details, you have provided on the anniversary each month of your first purchase. 

USER ACCOUNTS

To access certain parts of the Services and/or Content, Users are required to register a user account (Account). You agree that upon registration of an Account:

1. information supplied will be correct and accurate; 

2. information provided will be held by Pogo Supplements strictly in accordance with our Privacy Policy;

1. You agree that you are solely responsible for all actions, posts, comments or other activity which takes place on your Account, including keeping all information safe and secure.

2. Pogo Supplements may, in Pogo Supplements’ sole discretion, terminate, suspend and/or permanently ban your Account or any associated or proposed account if you have breached any of the terms set out in this Agreement, misused the Services in any way, or posted any comments or task requests which are inappropriate, offensive, abusive, disrespectful or otherwise unacceptable to Pogo Supplements.

3. You release Pogo Supplements from any claim, loss, damage or other liability incurred by you in relation to any action taken by Pogo Supplements to terminate, suspend and/or permanently ban any Account.

1. ORDERS

1. Orders placed through the Website are subject to acceptance by us (the Order). Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure.

2. When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it. 

3. Acceptance is subject to payment being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or service that is the subject of the Order (the Goods). 

4. You must pay for the Order in full at the time of ordering by one of the payment methods accepted on the Website. You must be fully entitled to use the payment method used for purchases and it must have sufficient funds available. Pogo Supplements is not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them.

5. You acknowledge and agree that:

1. the Goods that comprise the Order are not held, created or produced by Pogo Supplements and will be the responsibility of the supplier account from which they are purchased (Supplier) to arrange for the Goods to be made available to you upon acceptance of an Order; 

2. all information including (but not limited to) pricing, delivery timeframes, product quantities, qualities etc are provided in the Website by the Supplier, and Pogo Supplements is not liable for any representation made by a Supplier on their profile in the Website; 

3. even though we use our best endeavours to ensure all Suppliers are professional and will comply with any Order (including by entering into separate agreements with each Supplier imposing obligations in this regard), You accept that it is ultimately the responsibility of the Supplier to comply with any Order placed by You, and You release Pogo Supplements from any and all liability in relation to any Order placed for Goods, except in the instance of a negligent act or omission of Pogo Supplements;

4. The Supplier may be unable to supply some or all of the Goods for whatever reason, in which case Pogo Supplements may liaise with you and the Supplier to substitute those Goods with a similar product, or alternatively if a suitable substitution is not possible you will not be charged for the Goods ordered, or if you have been charged, you will be refunded.

1. Pogo Supplements will use their best endeavours to ensure that any Order is filled with Goods as advised, in particular that dietary requirements are met or other descriptions are accurate, however Pogo Supplements:

1. relies on representations made by manufacturer and suppliers and the representations made by those parties in relation to those ingredients used; and

2. does not warrant that the Goods will be entirely free of gluten or gluten traces, dairy, nuts or any non-vegan ingredient or product.

1. Nothing in this Agreement discharges your obligation to carefully review ingredient information stated on any Goods which form the Order and to follow any dietary restrictions which you may have.

2. You release Pogo Supplements in relation to any claim, loss, damage or injury (personal or otherwise) caused as a result of your consumption of any Goods contained in an Order, except to the extent that such claim, loss, damage or injury is caused by our gross or wilful negligence. 

 

DELIVERY

1. Pogo Supplements or the Supplier reserves the right to arrange transport of the Goods by any means in the Pogo Supplements’ or the Supplier’s  sole discretion.

2. Delivery of the Goods is taken to occur at the time that they are delivered to the address nominated by you (the Address) or a delivery point that is close to that location, and risk is taken to have passed to you once delivery has occurred.

3. The person receiving the Goods at the Address must be 18 years of age or over in order to accept delivery, and Pogo Supplements and the Supplier reserve the right to require the person receiving the Goods to provide proof of age.

4. If the Address is unattended at the time of delivery, or if the person receiving the Goods is not 18 years of age or over at the time of delivery, Pogo Supplements or the Supplier may deliver the Goods to a nearby post office, at your sole risk.

5. Any time or date for delivery given by Pogo Supplements or the Supplier is an estimate only, and you must still accept delivery of the Goods even if delivered late.

6. Where the Supplier or their nominated transport contractor enters the Address to deliver the Goods, you:

• • release Pogo Supplements from any claim in respect of damage occasioned to the Address, or injury to any persons arising out of the delivery by the Supplier of the Goods; and
  • indemnify and hold Pogo Supplements harmless from and against any loss, damage or liability suffered or incurred by Pogo Supplements in respect of damage occasioned to the Address or injury to persons arising out of the delivery by the Supplier or their nominated transport contractor of the Goods, 

except for and to the extent that such loss, damage or liability suffered or incurred by Pogo Supplements arises out of the negligent act or omission of Pogo Supplements.

 

DEFECTS & WARRANTIES

1. Except as expressly set out in this Agreement, Pogo Supplements makes no warranties or other representations in relation to the Goods.

2. You must inspect the Goods within forty-eight (48) hours of delivery or as soon as reasonably possible after any such defect becomes evident notify Pogo Supplements in writing of any evident defect/damage, shortage in quantity or failure to comply with the description. Upon such notification, Pogo Supplements may require that you provide us with photographic evidence of any defect/damage, shortage in quantity or failure to comply with the description. If you fail to provide notification of any defect within forty-eight (48) hours of delivery, you are deemed to have accepted the Goods in the condition as delivered.

3. To the extent permitted by law, the liability of Pogo Supplements in respect of any defect in or damage to the Goods is limited to, at the option of Pogo Supplements:

• • liaising with the Supplier to procure a replacement or repair of the Goods; or
  • liaising with the Supplier to procure the payment of the cost of repairing or replacing the Goods; or
  • a refund of any money paid for the Goods, less any merchant or administrative fees payable to Pogo Supplements.

1. Subject to clauses 10.2 and 10.3, returns will only be accepted provided that:

• • you have complied with the provisions of clause 10.2; and
  • Pogo Supplements has agreed that the Goods are defective; and
  • the Goods are returned within a reasonable time and at your cost (if that cost is not significant); and
  • the Goods are returned in the same, or materially the same condition to that in which they were delivered in.

1. Notwithstanding anything contained in clause 10.2, if Pogo Supplements is required by a law to accept a return then Pogo Supplements will only accept a return on the conditions imposed by that law.

2. Pogo Supplements shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

• • your failure to properly maintain the Goods;
  • your use of the Goods for any purpose other than that for which they were designed;
  • your continued use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
  • your failure to follow any instructions or guidelines provided by Pogo Supplements or the Supplier; or
  • fair wear and tear, any accident or act of God.

1. Nothing in this Agreement is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

GENERAL PROVISIONS

1. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the User’s use of the Services. The User’s use of the Services may also be subject to other laws. 

2. You hereby grant Pogo Supplements the right to take steps Pogo Supplements believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Pogo Supplements has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Pogo Supplements believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pogo Supplements’ right to cooperate with any legal process relating to your use of the Services, the Programs or the Content, and/or a third-party claim that the User’s use of the Services, the Programs or Content is unlawful and/or infringes such third party's rights).

3. A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.

4. If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction. If you are a qualified public educational or government institution and any part of this Agreement is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

5. We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.

6. Pogo Supplements may subcontract with one or more affiliates or third parties to provide any service required to be provided by Pogo Supplements under this Agreement, provided that no such use of subcontractors shall relieve Pogo Supplements of its obligations under this Agreement.

7. You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.

8. All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.