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Terms of service

OVERVIEW

Welcome to PB Box’s website and social media channels (collectively referred to as the “website”). PB Box refers to BLS Health Pty Ltd (ACN  617 169 552) trading as PB Box.

This website is operated by PB Box. Throughout the site, the terms “we”, “us” and “our” refer to PB Box. PB Box offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  

1 - ONLINE STORE TERMS

To become a Registered User, You must be at least 18 years of age and must provide Us with Your personal information (including, without limitation, Your name and email address).

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. PB Box does not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all products prior to you using the products. PB Box expressly excludes any liability that may arise in relation to the suitability of the products for any dietary requirements, medical conditions or allergies.

4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 - PRODUCTS OR SERVICES

You acknowledge that any promotional and marketing material on the website (including images, photographs and descriptions of products) is not a representation of what is in the monthly box and you accept that products on the website may differ in visual appearance and packaging to the products in the box; the products in the box may be derivatives, samples or smaller versions of the products on the website, the combination of products on the website may not be the same combination of products to be included in a monthly box and the combination of the products is at the sole discretion of PB Box.

If you make any content, materials or feedback available on the website (referred to as “content”) you automatically grant PB Box an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to (a) use, copy, display, publish and distribute the content on the website and to any third party including the manufacturer of the products, and (b) modify, prepare derivative works of or sublicense the content; (c) incorporate the content into other mediums including but not limited to social media posts, blog posts and e-newsletter publications to promote PB Box, the website, the products and/or the manufacturers.

Any products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

You may purchase a 1, 3, 6 or 12 month subscription plan (referred to as “Subscription” or collectively “subscriptions”) for a monthly box containing a group of products as deterred by PB Box (referred to as the “box”).

All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 2 days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price. Gift subscription plans do not automatically renew.

You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid (including any gift purchases of a subscription), PB Box will not provide a refund of the subscription price unless PB Box cancels or is unable to fulfil your order, in which case, PB Box will provide a full refund of the whole or part of the subscription price depending on whether you have previously received boxes during your subscription.

PB Box does not accept returns of boxes or individual products except as detailed below.

All boxes are products are checked for quality prior to delivery and while PB Box endeavours to ensure that the box and product is delivered to you in good condition, they may be damaged during delivery. If you intend to seek a replacement box or product you must send through a picture sufficiently illustrating the damage to PB Box for assessment. If PB Box assess the damage and at its discretion agrees to replace the box or product, you may at your own cost return the damaged box or product to the address noted in these Terms. PB Box will replace the box and/or product as soon as practical. You accept that PB Box will not refund any opened or used products. In the case where the product is sold out, PB Box will provide you with an alternative product which may or may not be of equal value.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The prices of products on the information card included in each box are indicative only and PB Box does not guarantee the prices of products are correct.

6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

The prices of subscriptions are in Australian dollars and include delivery charges where indicated. Please note the price of subscriptions is subject to change at any time without notice to you.

The prices of products on the website are indicative only and PB Box does not guarantee the price of products is correct.

You expressly authorise PB Box to process the payment for the subscription price via your relevant payment method at the time of your order.

Your invoices are made available to you online, and are downloadable through your account.

7 - DELIVERY OF PRODUCTS

PB Box will endeavour to dispatch the boxes at the beginning or middle of the month depending on your billing cycle, however PB Box does not guarantee that the delivery times will be met and expressly excludes any liability in relation to this.

You acknowledge that all boxes delivered to you from PB Box will be delivered using a third party carrier and you accept that all title in and risk to the box will pass to you upon the third party carrier being given possession of the box by PB Box. PB Box is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.

You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must be made by the 10th of the month or the following month’s box will be shipped to the previous address. PB Box expressly excludes any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.

If your parcel is lost in transit or if it is returned to sender PB Box may at its own discretion send a replacement. In this instance, an additional fee of $9.95 will be charged to the customer’s account.

8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By registering with PB Box, you expressly agree to receive emails (containing special offers and product information) and e-newsletters from PB Box. You can request to stop receiving emails and e-newsletters at any time by notifying PB Box.

You must keep your login details secure and confidential. You are solely responsible and liable for any unauthorised activity and communication on your account. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify PB Box immediately and take immediate steps to re-secure your account (including changing your password).

11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You acknowledge that any suspected illegal activity may be referred to the appropriate authorities.

13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. To the extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) and specified in these Terms, PB Box expressly excludes all representations and warranties, expressed or implied including but not limited to those relating to fitness for a particular purpose.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Notwithstanding anything else contained in these Terms, PB Box will not under any circumstances be responsible or liable for any claims, actions, losses, liabilities, damages, costs or expenses suffered or incurred by you, arising out of or in connection with, your use of the website, the box or the products whether directly, indirectly or consequentially or whether based in contract (including PB Box’s negligence), tort or under statutes. If PB Box is found to have any liability to you, PB Box’s total liability will be limited to the amount paid by you for your subscription.  

14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PB Box and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15 - SEVERABILITY

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

16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and PB Box and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia.

19 - COPYRIGHT & TRADEMARKS

All copyright in the Materials (including, without limitation on text, graphics, logos, and icons) is owned by PB Box or third party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.

Trademarks used on the Site are our trademarks (registered or unregistered) or trademarks of third parties. You must not use any of our trademarks or trademarks of third parties featured on the Site: (a) in, or as the whole or part of, your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the third party owners the trademarks or the Site.

You may only insert a link to the Site if we provide our prior written consent, which consent may be given in our sole discretion and subject to such conditions as we require.

20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@pbbox.com.au

22 - DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and the Posting of any User Content on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.

Box means a box containing a group of products determined by Us that is delivered to You on a monthly basis if you have a subscription. Harmful Code means any computer virus, trojan, malware, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Intellectual Property means any registered or unregistered rights in any copyrights, patents, designs, inventions, discoveries, trademarks or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.

Loss means loss or damage of any kind, including without limitation special, exemplary or punitive loss or damage, loss of business or profits or any other consequential or indirect loss, or any liability to a third party.

Materials mean any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).

Post means to make available information and/or other materials on the Site.

Registered User means a Site User registered with the Service.

Service means the provision of discussion forums and other benefits for the use of Site Users, and in some cases, Registered Users, through the Site.

Site means the website operated by Us at pbbox.com.au along with Our social media channels and includes the functionality on the Site, for example, the ability to purchase goods.

Site User means any person who has access to, or uses, the Site.

User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Us, or Posted on the Site, by a Site User.

We, Us, Our means BLS Health Pty Ltd (ACN: 617 169 552) and all of its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth).

You, Yourself, Your means any person, business, company or organisation who is a Site User.