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Terms & Conditions

TERMS FOR USE OF THE VITAMIN KING WEBSITE

These terms and conditions apply to the use of this Website. By using this Website you agree to be bound by the terms and conditions as set out in this Agreement. If you do not accept these conditions you must refrain from using the Website.

    1. DEFINITIONS & INTERPRETATION
      1. Definitions
        In this Agreement, unless the context indicates otherwise:-
        "Agreement" means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.
        "Associates" has the meaning given in the Corporations Act 2001 (Cth).
        "Consequential Loss" includes, without limitation:-
        1. loss of profits;
        2. loss of revenue;
        3. loss of data;
        4. lost production;
        5. loss of business;
        6. loss of the benefit of any contract or other agreement or arrangement;
        7. losses which do not arise naturally from a breach of contract in the usual course;
        8. death or personal injury;
        9. damage to health;
        10. damage to reputation; and
        11. legal costs.

        "Linked Websites"
        has the meaning given to that term in clause 5(a).

        "Products" are any goods offered for sale on the Website, or supplied or promoted by us.

        "We"
        , "us" and "our" are references to Vitamin King and any Associates of this company, and each of them sperately.

        "Website" means the Vitamin King website at www.vitaminking.com.au.

        "You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.



    1. CONDITIONS FOR ORDERING
      1. We do not offer to sell any Products for delivery or use outside of Australia.
      2. If you purchase or use any Products, you:-
        1. warrant and represent that you are at least 18 years of age;
        2. are ordering the Products for consumption in Australia;
        3. warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products;
        4. warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners; and
        5. warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.



    1. USE OF INFORMATION
      1. All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
      2. We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
      3. We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
      4. Your use of information provided on the Website, and any Products, is entirely at your own risk.
      5. You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.



    1. INTELLECTUAL PROPERTY
      1. Copyright
        Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:-
        1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
        2. commercialise any information obtained from any part of the Website, or any Products.
      2. Trade marks
        1. The trade marks VITAMIN KING and the Vitamin King logo and the other trade marks and logos on our Products are our property.
        2. You must not use any of our trade marks without our written permission.
        3. Without limiting clauses 4(b)(i) or 4(b)(ii), you agree that you will not use any of our trade marks:-
          1. in or as the whole or part of your own trade marks;
          2. on your website or in any marketing or promotional materials; or
          3. in connection with activities, products or services that are not ours.
      3. Third party rights
        Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-
        1. not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part;
        2. download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and
        3. not store electronically any significant portion of any Website content.



    1. LINKED WEBSITES
      1. The Website may contain links to third party websites ( "Linked Websites" ). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
      2. We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure
      3. Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
      4. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.



    1. VARIATION
      We may vary the terms of this Agreement at any time by altering the "Terms & Conditions" as displayed on the Website, in which case changes will be effective immediately upon notification on the Website.



    1. PRIVACY POLICY
      We undertake to:-
      1. deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
      2. otherwise to comply with,
      the terms of our privacy statement which is available at Privacy Statement.



    1. SECURITY OF INFORMATION
      1. Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure.
      2. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.



    1. DISCLAIMER
      We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-
      1. your use of this Website;
      2. any Linked Websites; or
      3. your use or reliance on information contained on or accessed through this Website.



    1. SYSTEM SECURITY
      1. You must not, and you must not permit any other person to:-
        1. violate or attempt to violate any aspect of the security of the Website;
        2. modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
      2. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations include:-
        1. accessing data unlawfully or without consent;
        2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
        3. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
        4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and
        5. taking any action in order to obtain Products to which you are not entitled.



    1. GENERAL
      1. We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
      2. Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
      3. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.



  1. GOVERNING LAW
    1. The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
    2. These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website or ordering Products via the Website, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.




AGREEMENT FOR SUPPLY OF PRODUCTS

These terms and conditions apply to the supply of Products and services from this Website. By ordering any Products from this Website you agree to be bound by the conditions as set out in this Agreement. You must accept these conditions before ordering any Products from the Website.

    1. DEFINITIONS & INTERPRETATION
      1. Definitions
        In this Agreement, unless the context indicates otherwise:-

        "ACL"
        means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).

        "Agreement"
        means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.

        "Associates"
        has the meaning given in the Corporations Act 2001 (Cth).

        "Consequential Loss"
        includes, without limitation:-
        1. loss of profits;
        2. loss of revenue;
        3. loss of data;
        4. lost production;
        5. loss of business;
        6. loss of the benefit of any contract or other agreement or arrangement;
        7. losses which do not arise naturally from a breach of contract in the usual course;
        8. death or personal injury;
        9. damage to health;
        10. damage to reputation; and
        11. legal costs.
        "Date of Order" means either of the following dates (depending on the circumstances):-
        1. date that we accept your order by email in accordance with clause 4(b); or
        2. date that you accept a varied order by email in accordance with clause 4(c).

        "GST" means goods and services tax under the GST Act and any expression used that is defined in the GST Act has that defined meaning in this Agreement (unless the context indicates otherwise).

        "GST Act"
        means A New Tax System (Goods and Services Tax) Act 1999 (Cth), any associated legislation and any other consumption tax legislation.

        "Products"
        are any goods or services offered for sale on the Website, or supplied or promoted by us.

        "We"
        , "us" and "our" are references to Vitamin King and any Associates of this company, and each of them seperately.

        "Website"
        means the Vitamin King website at www.vitaminking.com.au.

        "You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.



    1. CONDITIONS FOR ORDERING
      1. We do not offer to sell any Products for delivery or use outside of Australia.
      2. If you purchase or use any Products, you:-
        1. warrant and represent that you are at least 18 years of age;
        2. are ordering the Products for consumption in Australia;
        3. warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products;
        4. warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners; and
        5. warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.



    1. USE OF INFORMATION AND PRODUCTS
      1. All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
      2. We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
      3. Except for losses attributable to breaches of the consumer guarantees contained in the ACL, we are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
      4. Your use of information provided on the Website, and any Products, is entirely at your own risk.
      5. You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.



    1. ORDERING
      1. You may place an order with us in one of the following ways:-
        1. by placing the order directly through the Website, in which case clauses 4(b) to 4(e) apply; or
        2. by telephone, in which case clauses 4(b) to 4(f) will apply.
      2. Subject to clause 4(c), if you order Products, we will send an email message and tax invoice, which will confirm the:-
        1. Date of Order;
        2. description of the Products ordered;
        3. order identification number;
        4. delivery address; and
        5. price of the Products (including GST and postage).
      3. Some of the Products may not be available at the time of your order. If we do not have the Products you order in stock, we may (but are not bound to) offer you alternatives before we dispatch your order. If this happens we will telephone you or email you and you may, by telephone or email:-
        1. accept the alternatives we offer;
        2. cancel your order; or
        3. continue with the order, but tell us by email to omit the out-of-stock item.
      4. We are not bound to supply any Products in the quantities ordered, or at all.
      5. Despite any email or other order confirmation we provide to you, we are not bound by any anticipated delivery date we provide.
      6. If you telephone us to place an order then we will explain to you while on the telephone that:-
        1. we will only supply Products on the basis that you first accept the terms and conditions of this Agreement; and
        2. we will email this Agreement to you with our tax invoice; and
        3. if you do not accept the terms of this Agreement you must telephone us to tell us that by 5:00pm on that same day, in which case we will not process your order; and
        4. if by 5.00pm on the date we email your tax invoice you do not advise us that you wish us to process you order, you will be deemed to have accepted these terms and we will process you order.



    1. PRICE AND PAYMENT
      1. All prices stated on the Website are inclusive of GST.
      2. The prices for delivery within Australia can be viewed under the tab on the Website titled "Shipping".
      3. You must pay us the full price of your order before we will send any part of it.
      4. You may pay by electronic funds transfer, credit card or debit card using MASTERCARD/VISA/AMERICAN EXPRESS or using Paypal.
      5. If you opt to pay by:-
        1. credit card, debit card or Paypal, your payment will be processed immediately on placing your order for Products; and
        2. electronic funds transfer, you must pay within 72 hours of receipt of our tax invoice, and upon receipt of your payment we will process your order.
      6. The RRP against which any savings comparisons we make to the listed sale price for products displayed on this website or in store is: the supplier's recommended retail price for the product (RRP). The RRP may not necessarily be a previous in store or online price. 



    1. DELIVERY
      1. Ownership and risk in the Products will pass to you from the moment they are posted by us.
      2. Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. Our couriers do not require a signature to leave a parcel, we recommended that you provide your work address for delivery if you won't be home during business hours.
      3. We may post Products in instalments if not all of the Products you order are available at the same time for delivery.



    1. INTELLECTUAL PROPERTY
      1. Copyright
        Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:-
        1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
        2. commercialise any information obtained from any part of the Website, or any Products.
      2. Trade marks
        1. The trade marks VITAMIN KING, the Vitamin King logo and the other trade marks and logos on our Products are our property
        2. You must not use any of our trade marks without our written permission.
        3. Without limiting clauses 7(b)(i) or 7(b)(ii), you agree that you will not use any of our trade marks:-
          1. in or as the whole or part of your own trade marks;
          2. on your website or in any marketing or promotional materials; or
          3. in connection with activities, products or services that are not ours.



    1. RIGHT OF CANCELLATION AND RETURNS POLICY
      1. In some circumstances you may have a legal right to return Products, for example, where the ACL applies, pursuant to one of the consumer guarantees under the ACL.
      2. We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.
      3. If you do have a right of cancellation, you must tell us you wish to cancel within seven days of receiving the Products.
      4. The Products must be returned to us within 21 days of receiving them:-
        1. in their original condition (both Products and packaging);
        2. securely wrapped;
        3. together with our delivery slip; and
        4. at your own risk and cost.
      5. When we have received the Products, we will credit your credit card or debit card with the purchase price of the Products no later than 30 days from the date the Products are received by us.



    1. PERSONAL INFORMATION
      1. You agree to provide accurate and up-to-date information about yourself to enable us to provide you with the Products.
      2. We will deal with your personal information held by us in accordance with the terms of our privacy statement which is available at Privacy Statement.



    1. SECURITY OF INFORMATION
      1. Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure.
      2. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.



    1. DISCLAIMER
      1. Except for losses attributable to breaches of the consumer guarantees in the ACL, we do not accept any liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with:-
        1. the Website;
        2. the Products; or
        3. your use or reliance on information or content contained on or accessed through the Website.
      2. Except for losses attributable to breaches of the consumer guarantees in the ACL, to the extent permitted by law, any condition or warranty which could otherwise be implied in connection with the Products or this Website is excluded.
      3. Where the Products are NOT acquired for personal, domestic or household use or consumption, our liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with: -
        1. the Website;
        2. the Products; or
        3. your use or reliance on information or content obtained through the Website;
        is limited to (at our election) one or more of the following:-
        1. replacement of the Product or the supply of equivalent Product; or
        2. the payment of the cost of replacing the Product or of acquiring equivalent Product.
      4. Nothing in this Agreement excludes any guarantees or liability arising under the ACL or any other statute if and to the extent that liability cannot be lawfully excluded.
      5. Product delivery will be via Australia Post. Subject to our obligations under clause 6(b), under no circumstances will we be liable for any direct, indirect or Consequential Losses arising from any of:-
        1. a failure or delay in the delivery of Products;
        2. delivery of Products to an incorrect address; or
        3. damage, loss or theft of Products at any time after they are posted by us.



    1. DISPUTE RESOLUTION
      1. The parties will use reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement ( "Dispute" ) as soon as reasonably possible.
      2. If the parties cannot resolve a Dispute within fourteen (14) days a party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case the parties will refer the Dispute to mediation by a Queensland Law Society ( "QLS" ) approved mediator who is:-
        1. agreed by the parties, or
        2. failing their agreement appointed by the President of the QLS (on the application of any party),
        on the terms of the standard mediation agreement approved by the QLS and any information obtained solely under that reference may not be used for any purpose other than settling the Dispute under this clause.
      3. If the Dispute is not resolved within twenty-one (21) days of its referral to mediation, a party may commence proceedings in any court of competent jurisdiction.
      4. All proceedings under this clause will be held at the QLS offices unless the parties agree otherwise.
      5. Each party must continue to perform their obligations under this Agreement despite the Dispute or any proceedings under this clause.
      6. Except where urgent interim or preliminary relief from a court of competent jurisdiction is being sought, no party may commence proceedings in any court seeking resolution of the Dispute until the provisions of this clause have been complied with.
      7. The parties agree that:-
        1. a party’s failure to comply with the provisions of this clause may cause irreparable harm and/or substantial damage to the other party;
        2. damages are an inadequate remedy for any breach or threatened breach of this clause; and
        3. if a party fails to comply with that party’s obligations under this clause:-
          1. the non-defaulting party may seek specific performance without proof of actual damage; and
          2. neither the defaulting party nor any person under their control may claim that the breach should not be the subject of equitable relief.



  1. GENERAL
    1. We accept no liability for any failure to properly comply with the terms and conditions of this Agreement.
    2. Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
    3. If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on another occasion.



GOVERNING LAW

The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.

This Agreement is governed by the laws in force in Queensland, Australia. By using the Website or ordering Products from the Website, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.



COMPETITIONS

GIVE YOUR FEEDBACK & WIN - December 2021.

Promotion Period

Commencement Date: 12.01am AEST on Thursday 16th December 2021

Closing Date: 11.59pm AEST on Monday 10th January 2022

 

Who Can Enter

All current Australian residents aged 18 years or over.

 

How To Enter

During the Promotion Period, entrants must complete the customer survey linked below:

https://www.vitaminking.com.au/pages/2021-customer-feedback 

Entrants must submit their answers to the survey through the competition page linked above along with their email address, and confirmation of agreement to these competition Terms & Conditions.

 The competition will be advertised online and through Vitamin King’s website, social media and email. 

 

Prize Details

1 x $200 Vitamin King Gift Card per winner.  

There will be a total of 10 winners. 

The total prize pool consists of 10 x $200 Vitamin King Gift Cards which can be redeemed at any Vitamin King store or online.

Competition value is $2,000AUD

 

Prize Selection Method

Entrants will be chosen at random with the use of a third party application. 

This is a Game of Chance and Skill shall play no part in determining the winners.

 

Initial Prize Selection

Will take place at the Promoter's Australian office (address below) on Tuesday 11th  January 2022 at 1pm AEST. 

 

Unclaimed Prize Selection

If a winner has not come forth to claim a prize within 3 months of the Initial Prize Selection, an unclaimed prize selection will be conducted at the Promoter's office (address below) at AEST 1pm 13th April 2022

 

The Promoter

Vitamin King Pty Ltd - 20 Kohl St Upper Coomera, Queensland 4209, Australia. 

  1. By entering this competition, and by attempting to do so, each entrant agrees to be bound by these Terms and Conditions, and expressly gives the consents referred to in these Terms and Conditions. Any person who attempts to enter this competition shall be referred to in these Terms and Conditions as an "entrant" irrespective of whether any competition entry is accepted by the Promoter.

  2. The above table forms part of these Terms and Conditions and contains details concerning when, who and how to enter, the time, place & method of prize selection, prize details, and who the promoter is and any permit details if required. Products required to be purchased for entry (if any) will not always be available at every store or via the shop at home service or online store and any rainchecks, lay by purchases or payments will not be counted for entry purposes.

  3. The Promoter, its associated agencies and companies, and officeholders, management, employees and contractors of the Promoter and its associated agencies and companies and the immediate families of such employees are ineligible to win any prize. 

  4. The Promoter's decisions in relation to any aspect of this competition (including in relation to prize selections) is final and binding on each person who enters and no correspondence will be entered into.

  5. The winner/s will be notified where possible by email on the day of the relevant prize selection. The name of the winner will be published on the Promoter's website.

  6. The winner/s consents to their name, town/suburb of residence and a photo being published by the Promoter including, but not limited to, being published on the Promoter's Internet site, social media pages, in their stores and in marketing material for an unlimited time and without remuneration as a condition of acceptance of the prize. Further information will be published only with the permission of the winner.

  7. The prize/s cannot be exchanged for any other prize, and except in the case of cash prizes, cannot be exchanged or redeemed for cash. Prize/s are not transferable, changeable or exchangeable.  Any images associated with the prize/s are for promotional purposes only.  Prizes comprising gift cards/vouchers are subject to any terms and conditions related to those gift cards/vouchers and might have an expiry date or redemption conditions such as a requirement that the entire voucher must be redeemed in one transaction or the remaining sum will be forfeited.

  8. The prize may only be transferred, but not sold for profit, to a person of the winner's choice if that person is over 18 years of age.

  9. Any change in value occurring between the publishing date and the date the prize is redeemed is not the responsibility of the Promoter. If a prize or any element of a prize is unavailable for any reason, the Promoter, at all times acting reasonably, reserves the right to substitute that prize or element with another item of equal or higher value as determined by the Promoter (acting reasonably), subject to the approval of any relevant authority if required.

  10. The Promoter reserves the right to verify the validity of entries (including an entrant's identity, age and place of residence) and to disqualify any eligible entrant (and to prohibit that entrant from resubmitting an entry into the competition) where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted otherwise than in accordance with the Terms and Conditions. The Promoter may also disqualify any entrant who acts in a disruptive manner or who acts with intent or effect of annoying, abusing, threatening or harassing any other person or who behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, or who engages in conduct which is contrary to law or is otherwise inappropriate.

  11. Entries must not include any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent, objectionable or inappropriate (which includes any content involving nudity, malice, excessive violence or obscene language).

  12. If for any reason (including due to tampering or interference) this competition is not capable of running as planned, subject to the approval of those authorities which have issued permits for the conduct of this competition, the Promoter, at all times acting reasonably, reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the competition or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

  13. The Promoter accepts no responsibility for any lost, late, misdirected entries, illegible entries (including lost, stolen, forged, defaced or damaged entries) or entries deemed ineligible due to incorrect entrant information. The Promoter will not accept entries which are incomplete, illegible, or which are generated by computers or other automated means.

  14. The Promoter assumes no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation or downloading any materials in this competition.

  15. The Promoter will take all necessary steps to ensure that entries are properly recorded and stored, but will accept no liability if an entry is not recorded or is lost.  If the P.O.S System fails or if the Membership number is recorded incorrectly, every effort will be made to record the data not captured at the time of the purchase, where practical.

  16. The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained arising from or in connection with the competition, any omission to enter a person into the competition, acceptance of the prize or the prize itself, except for liability which cannot be excluded by law. The winner releases the Promoter, its related bodies corporate, affiliates, officers, agents, employees and suppliers (the "Released Parties") from all liability, loss and damage of any kind arising out of or in connection with the acceptance of, and participation in, any prize. Without limiting the foregoing, the Released Parties will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).

  17. The Promoter is not liable for any tax implications arising from any prize winnings. Independent financial advice should be sought by the prize winner if necessary. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office's stated view that were the parties are at arm's length goods and services exchanged are of equal GST inclusive market values.

  18. The competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Entrants are providing their information to the Promoter and not to Facebook or Instagram.  Each entrant agrees to completely release Facebook and Instagram from any and all liability in connection with this competition.  Any questions, comments or complaints about this competition must be directed to the Promoter and not to Facebook or Instagram.

  19. Entrants' details may be used for future promotions carried out by the Promoter. Entrants can request not to receive information about future promotions by calling 1300 633 362 or unsubscribing from email communications. The Promoter may continue to provide entrants with information for an indefinite period unless and until advised otherwise by the entrant.

  20. The Promoter collects and uses personal information ("PI") in order to conduct the competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to any applicable regulatory authorities. By entering this competition and providing your PI, you agree to such disclosure.  Although you may choose not to provide certain information, please be aware that this may affect your eligibility to win the competition. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.vitaminking.com.au/pages/privacy-policy . An entrant can gain access to, update or correct any personal information held by contacting the Promoter on 1300 633 362.  All personal information will be held at the office of the Promoter or on IT systems controlled by the Promoter, in respect of which reasonable security arrangements are in place to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.  In addition to any use that may be outlined in the Promoter's Privacy Policy, each entrant consents to the Promoter, for an indefinite period, unless otherwise advised in writing by the entrant, using the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the applicable Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose entrant's personal information to any entity outside of Australia.

  21. These Terms and Conditions are governed by the laws of Queensland, Australia. Entrants submit to the exclusive jurisdiction of the courts of Queensland,, Australia.

  


 

TERMS OF IMAGE USE

Thank you for allowing Vitamin King to use your social content. By including #vitaminkingaus or tagging @vitaminkingaus you consent to us reposting and sharing your content via other social channels including but not limited to social media, electronic communications, website, banners, print material and sales and marketing materials. You are providing Vitamin King with non-exclusive, royalty-free, unlimited rights to use this content.

By mentioning and using our # you confirm you are over the age of 18 and there are no restrictions that prevent you from participating and agreeing to these terms. You warrant that you own all intellectual property rights in your content and Vitamin King's use of the content will not infringe upon the rights of any third party. You confirm Vitamin King will not pay you for the use of your content.

If you are a parent or guardian of a child under the age of 18 and want to allow Vitamin King to use social content containing the images of your child, you agree to the above terms.

If you change your mind about sharing your content with Vitamin King, please contact us in writing at customer.care@vitaminking.com.au and tell us you no longer want us to use your content.

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