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HYAVA Website Terms & Conditions of Use

This website is owned and operated by HYAVA Australia - ACN 608 202 704. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms'). Reference to 'us', 'HYAVA' means HYAVA Australia and includes its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to 'you' mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Intellectual Property
HYAVA Australia is the owner or authorised user of all intellectual property in and associated with the website. HYAVA Australia is also the owner or authorised user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with the website. You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs associated with the website, whether registered or unregistered.
Copyright in website material
All of the material on and in relation to the website is and remains the property of HYAVA Australia at all times, or in the case of some material, an authorised third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of HYAVA Australia's copyright and other proprietary rights. You may however link to, copy and email our webpage URL's for any purpose. Please contact us if you would like to discuss our Affiliate Program.
Product disclaimers
HYAVA Australia endeavours to make reproduction of colours as accurate as photographic processes allow. Please note however that product colours may vary slightly from what is displayed on your computer screen and will vary perceptibly from monitor to monitor. We aim to ensure that our website is accurate, however sometimes errors occur, for which we apologise.
Delivery
Although we endeavour to dispatch in-stock orders within 24 business hours, in some instances this may not be possible and we will instead endeavour to notify you of any delays. A number of different delivery methods may be used depending on the type of order. Our primary logistics provider is Australia Post.
Returns
Customers have 30 days from date of delivery to make contact with us should they wish to return their product. If you are unsatisfied with the HYAVA product you have purchased then simply return the container, even if it has been used, within 30 days of receipt of your order and we will refund the purchase price, no questions asked.
5 step return process:
  1. Email us at orders@hyava.com.au within 30 days for a return, we will respond with confirmation and the address to post the return.
  2. Re-pack the products into the box or packaging they came.
  3. Take the package to your nearest Australia Post and send to us in a Small Satchel.
  4. Email us tracking number from Australia Post and we issue you a refund confirmation email.
  5. Upon return of the product to our warehouse, we will send you a confirmation email and a full refund will be processed within 14 days. You will also receive an automatic notification to advise that the payment has been reversed.
*Loss of returned items: We would take responsibility in the unlikely circumstance that the items were to go missing due to fault of Australia Post. We will only take responsibility for lost items that we have received valid tracking numbers with Australia Post.
Prices
All references to $ and dollars on the website are in Australian currency (AUD). All prices were current at the time of publication on the website and are inclusive of GST. While we make every endeavour to ensure the accuracy of our website, in the event of system based pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/your order and refund the mistaken purchase price to you.
Content
"Content" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos. "Disseminate" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
From time to time you might be entitled to create and upload content to be stored on the HYAVA Australia website provided that:
  • The content will be your original work; o You will not copy, plagiarise, reproduce or otherwise disseminate the work of any other person;
  • The content will not infringe the intellectual property rights of any third party;
  • The content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and
  • You adhere to these Terms.
You grant HYAVA Australia the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the HYAVA Australia website or via such other medium or channel as determined by HYAVA Australia from time to time. You consent to other HYAVA Australia website users accessing, using and viewing the Content. You will at all relevant times remain the exclusive owner of the Content that you create and upload to the HYAVA Australia website. HYAVA Australia has the unfettered right at any time to temporarily or permanently remove your Content, in part or full. You waive the following Moral Right's in respect of the Content that you create and upload:
  • The right to attribution of authorship as defined in the Copyright Act 1968, and
  • The right of integrity of authorship as defined in the Copyright Act 1968, and
  • The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.
This section headed "Content" survives the termination of these Terms.
Limitation of liability
To the fullest extent permitted by law, HYAVA Australia excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from: o your use or misuse of the website or any material on the website;
  • your inability to access or use the website or any material on the website;
  • the loss or modification of information or material transmitted to or from the website;
  • the loss of confidentiality in any information or material transmitted to or from the website;
  • any defect, technical problem or virus attached to or arising from the website or the server;
  • the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
  • any injury or illness you or any other person sustains as a result of the use of the website; and o the products displayed on the website being unavailable at any time.
If HYAVA Australia breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of HYAVA Australia for a breach of the applicable term, condition or warranty is limited to, at the election of HYAVA Australia: o the resupply of the relevant product, advice, service, recommendation or information; or o the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again. You are entitled to statutory consumer guarantees under the Australian Consumer Law. HYAVA Australia does not exclude or limit those consumer guarantees.
Indemnity
You indemnify HYAVA Australia, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Security
HYAVA Australia uses the Stripe payment gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Stripe gateway are secured payments.
  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by HYAVA Australia or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within Stripe’s bank-grade data centre, further protecting your credit card data.
  • Stripe is an authorised third party processor for all the major Australian banks.
  • Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by HYAVA Australia For more information about Stripe and online credit card payments, please visit www.stripe.com/au

Privacy
Any personally identifiable information that you submit through or in relation to the website is collected and used by HYAVA Australia in accordance with its Privacy Policy.
Additional Terms
Additional terms and conditions are attached to certain pages of the website such as competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages. Changes to the website and your access Without prior notice to you and in its absolute discretion, HYAVA Australia reserves the right to:
  • vary or discontinue the website or any page of the website at any time; and
  • suspend or terminate your access to part or all of the website at any time, and HYAVA Australia is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

 

Changes to the Terms
HYAVA Australia reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
Governing law
This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by HYAVA Australia and we do not take responsibility for the content or functionality of those websites. Access to those sites are solely at your own risk.
Mailing List
Customers are automatically signed up to the HYAVA Australia mailing list at time of checkout. We respect your privacy and you can unsubscribe from the list at anytime via any newsletter or from your account dashboard.