Terms & Conditions | GloWhiter Teeth Whitening

Standard Terms and Conditions for the provision of goods and services

Please read these Terms carefully as they contain important information regarding Your rights and obligations under this agreement and their dealings with GloWhiter.

These terms and conditions are used by all customers of GloWhiter.

Definitions and Interpretation
In these terms and conditions:
1. GloWhiter means Frank Bekas (ABN 60 869 048 576) and includes his successors and permitted assigns.
2. GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3. Loss means any cost, damage, loss, expense or liability whatever incurred or suffered by, or brought or made or recovered against, the person and however arising including legal costs on a full indemnity basis;
4. Orders means the order or orders made for a Product via the Website or such other means accepted by GloWhiter.
5. Privacy Act means the Privacy Act 1988 (Cth) as amended.
6. Product means the products offered for sale by GloWhiter via the Website.
7. Services means any service offered by GloWhiter in accordance with these Terms.
8. Spam Act means the Spam Act 2003 (Cth) as amended.
9. Terms means the terms and conditions set out in these standard terms and conditions, including such other terms agreed by GloWhiter and You in writing.
10. Website means the GloWhiter website provided by GloWhiter which allows You to order Products – being glowhiter.com and includes any other web service, software, applications or media managed by GloWhiter.
11. You or Your means the person, firm or organisation entering into, or that has entered into, a contract, transaction or arrangement to:
  1. receive a Product; or
  2. make use of the Website.
12. If there is more than one customer, these Terms bind them jointly and each of them severally;
13. Nothing in these Terms constitutes a relationship of employer and employee, partnership, principal and agent, or joint venture between the parties.
14. The whole or any part of any clause of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
15. The failure of a party at any time to insist on performance of any obligation under these Terms is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver.
16. The headings in these Terms are included for convenience only and shall not affect their interpretation.
17. Any written notification by GloWhiter to You may be made by any means as determined by GloWhiter.
18. GloWhiter accepts no responsibility for changes in any law which may affect the Products or the Services or the use of the Website.
19. These Terms and any document expressly referred to in them constitute the whole agreement between you and GloWhiter and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between GloWhiter and You relating to the subject matter of any contract.
20. You may not transfer any of your rights or obligations under these Terms without our prior written consent. GloWhiter may transfer any of its rights or obligations under these Terms without your prior written consent to You
21. GloWhiter may revise these Terms at any time. You should check the Website regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that You make use the Website or the Services.
22. GloWhiter is committed to protecting Your privacy and security. All personal data that GloWhiter collects from You will be processed in accordance with GloWhiter’s Privacy Policy. You should review the Privacy Policy before making use of the Website or the Services.
Application
1. The Terms apply to each contract, transaction or arrangement arising in respect of:
  1. Your use of the Website; and
  2. the supply of Services or Products to You.
2. To access the Products You must:
  1. be over the age of 18 years;
  2. use the Website.
3. By using the Website or accepting the Products You acknowledge and agree that You have read and understood the Terms and You agree to be bound by the Terms. You should not request the supply of Services or Products or make use of the Website if You do not agree to the Terms.
4. You acknowledge that the delivery of Products will be completed by a delivery contractor and not by GloWhiter.
Website Access and Terms
1. You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2. When You use the Website or register an account, You will provide personal information such as Your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
3. By accessing any part of the Website, You indicate that you accept these Terms. You should not place an order for any Products if you do not accept these Terms.
4. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
Ordering from the Website
1. You may make an Order from the Website. However, Products may not be available to You if You are located outside of Australia.
2. You must provide information required by the Website in order to make an Order. It is important that the information that You provide is correct before submitting your Order. Once you submit your order You may not change or cancel your Order or rectify any errors in your Order. GloWhiter is not liable for any Loss suffered by You as a result of You incorrectly providing information at the time You place an Order.
3. You must make payment of the full amount of the Order at the time You submit your Order. See clause 6 in relation to the amount that You will be charged when making an Order.
4. GloWhiter does not currently charge a surcharge for payments made by Visa Card or Master Card. GloWhiter does not accept payments by American Express Card unless otherwise notified. GloWhiter may apply a surcharge to such payments at a rate or rates determined by GloWhiter upon notice to you.
5. GloWhiter in its absolute discretion may for any reason reject an Order made by You. GloWhiter is not liable for any Loss suffered by You as a result of such rejection.
Authorisation of payments
1. Payment for Orders must be made by an accepted credit or debit card through the Website.
2. Your payment will include the cost for the Product and will not include the cost of delivery of the Product to You unless otherwise stated.
3. GloWhiter’s shipping policy will specify when GloWhiter estimates Your Order to be delivered to You (“Estimated Delivery Time”). The delivery address will be the address submitted by You at the time of making Your Order.
4. Payment will be processed before the Product has been delivered to You.
5. The Estimated Delivery Time is an estimate only. To the extent permitted by law, GloWhiter will not be liable for any Loss suffered by You as a result of a failure to deliver Products to You by the Estimated Delivery Time.
Price And Payment
1. Prices for Products on the Website are in Australian dollars (“Product Price”). These prices include GST unless otherwise stated.
2. In addition to the Product Price You will be charged a delivery fee (“Delivery Fee”) and any other fee determined by GloWhiter from time to time to cover any costs incurred by GloWhiter as a result of Your Order. GloWhiter will notify you of the Delivery Fee and any other fees at the time of submitting Your Order on the Website.
3. In the event of an incorrect price being referred to on the Website (“Pricing Error”), GloWhiter reserves the right to recover from You any cost incurred by GloWhiter or Loss suffered by GloWhiter arising directly or indirectly from or in connection with the Pricing Error.
Customer Care and Refunds
1. If your Order is taking longer than expected or you have any other problems with your Order, please contact GloWhiter via the Website.
2. If an Order is not delivered within a reasonable time after the Estimated Delivery Time You must report this immediately to GloWhiter in writing via the Website. GloWhiter will make all reasonable endeavours to investigate the cause of the delay.
3. GloWhiter is not required to, and will not (unless otherwise stated by GloWhiter), refund or accept any variations to Your Order after You submit Your Order.
4. GloWhiter is not required to, and will not, return any Product ordered by You unless otherwise stated by GloWhiter.
5. In the event that GloWhiter is unable to engage a delivery contractor to deliver Your Order, or if Your Order cannot be delivered due to a Force Majeure Event (referred to in clause 17 below), GloWhiter may cancel Your Order and provide you with a refund.
6. In the event that Your payment is refundable, GloWhiter will endeavour to refund this payment within 14 days of receipt of Your payment.
Intellectual Property
1. Unless otherwise stated, all of the content of the Website, including (but not limited to) Product logos and marks, all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features, software, and all trade marks, service marks and logos contained in the Website and all other intellectual property material or rights in the Website (“Intellectual Property”) are owned by GloWhiter or our licensors.
2. The Intellectual Property made or conceived, whether alone or with others, in the course of or arising out of these Terms will become the sole and exclusive property of
Licence
1. You may use the Website for your own personal and non-commercial use.
2. You must not:
  1. misuse the Website (including by hacking or “scraping”);
  2. copy, reproduce, modify or distribute the Intellectual Property without GloWhiter’s prior written consent; and
  3. use any part of the Website or Intellectual Property for commercial purposes without GloWhiter’s prior written consent.
3. Except as stated in paragraph 1, the Website may not be used, and no part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service, without GloWhiter’s prior written consent.
4. The use of any part of the Website or Intellectual Property other than in accordance with these Terms is a breach of these Terms.
5. GloWhiter reserves all rights not expressly granted in and to the Website and the Intellectual Property.
Service Access
1. GloWhiter does not warrant that the Website will be available or in working order for the duration of Your engagement with GloWhiter. To the extent permitted by law, GloWhiter will not be liable for any Loss suffered by You as a result of a failure to access or use any part of the Website at any time.
2. Access to any part of the Website may be suspended temporarily or indefinitely at any time and without notice to You.
Visitor Material And Reviews
1. Unless otherwise prohibited by law:
  1. any material that You post, upload or transmit or upload to the Website (including Product or user reviews) (“Visitor Material“) will be considered non-confidential and non-proprietary;
  2. GloWhiter may copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes;
2. You must not post, upload or transmit to or from the Website any Visitor Material that:
  1. breaches any applicable local, national or international law;
  2. is unlawful or fraudulent;
  3. amounts to unauthorised advertising;
  4. contains viruses or any other harmful programs;
  5. contains any defamatory, obscene or offensive material;
  6. infringe the intellectual property rights of another person; or
  7. promotes illegal activity or invade another’s privacy.
3. The prohibited acts listed in clause 2 above are non-exhaustive.
4. The Visitor Material contained on the Website are for information purposes only and do not constitute advice from, or representations of, GloWhiter.
5. To the extent permitted by law:
  1. GloWhiter reserves the right to (in its the sole discretion) remove or edit at any time any Visitor Material posted, uploaded or transmitted to the Website that may breach clause 2 or may expose GloWhiter or any third parties to any Loss or for any other reason; and
  2. You agree to release GloWhiter from any Loss suffered by You or any person for any Visitor Material that is misleading or is incorrect or contains material that is defamatory.
6. You agree to indemnify GloWhiter against any Loss incurred by, or resulting from any claim made against, GloWhiter or any other person arising out of or in connection with any Visitor Material that You provide or You authorise to be provided.
Links To Other Websites
1. Links to third party websites on the Website are provided solely for Your convenience (“Third Party Websites”). GloWhiter does not warrant that the representations made on these Website are true and correct nor does GloWhiter warrant the accuracy or safety of these websites.
2. To the extent permitted by law, You agree that GloWhiter is not be liable for any Loss suffered by You as a result of Your use of Third Party websites.
Warnings and Disclaimers
1. GloWhiter may amend or vary the material on the Website or the Products and prices described on it, at any time without notice to You.
2. Specials listed on the Website are subject to change.
3. You acknowledge that GloWhiter is not responsible for the delivery of any of the Products or the means in which the Products are delivered to you.
4. Before using a Product You should seek medical advise about the use or consumption of the Product (especially if you are pregnant).
5. You must always read the Product label and use the Product as directed.
6. GloWhiter does not manufacture the Product. All reasonable efforts have been made to ensure that ingredient listings, product images and other information for Products displayed on the Website or on the Product or the packaging of the Product are up to date, accurate and complete (“Product Information”). However, GloWhiter still recommends that you check the Product Information before use. You can check this with GloWhiter or the manufacture of the Product.
7. If You have any concerns in relation to a Product then You must not order a Product.
8. If You have any allergies concerns that may be affected by Products then before submitting Your Order You must confirm with GloWhiter or the manufacture of the Product that the Product does not contain ingredients, or is made in such a way, that may cause You ill health or sickness or may otherwise harm You.
9. To the extent permitted by law, GloWhiter is not liable for, and You expressly agree to release GloWhiter against, any Loss or harm suffered by You resulting indirectly or directly from the consumption or use of Products.
10. The pictures and other images used in the Website are indicative only and may not be a true representation of the Product or an actual photo of the Product.
11. GloWhiter provides You with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, GloWhiter excludes all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Products, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
Liability
1. All delivery services is the sole responsibility of the delivery contractor that delivers the Order. GloWhiter is not liable for, and You expressly agree to release GloWhiter against, any Loss suffered by You resulting directly or indirectly from these delivery services.
2. To the maximum extent permitted by law, GloWhiter is not liable for, and You expressly agree to release GloWhiter against any Loss arising in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Services, the Products or the Website (including the use, inability to use or the results of use of the Product or the Website) for:
  1. any loss of profits, sales, business, or revenue;
  2. loss or corruption of data, information or software;
  3. loss of data;
  4. malfunctions to the Website;
  5. distributed denial of services attack, a denial of service attack, viruses, Trojan horses, worms, malware, logic bombs, harmful components, corrupted date, any other malicious software and any other harmful data that may infect Your computer equipment, computer programs, data, mobile device or other material due to Your use of the Website or downloading any material posted on the Website or any Website linked to it;
  6. loss of business opportunity;
  7. loss of anticipated savings;
  8. loss of goodwill; or
  9. any Loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
3. For the avoidance of doubt, GloWhiter is not liable for, and You agree to release GloWhiter from any injury, Loss, claim, or any direct, indirect or incidental or consequential Loss or damage of any kind arising from Your use of any of the Services or Your use or consumption of any Product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
4. You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
Termination
1. These Terms will continue in force until terminated in writing by either party.
2. These Terms will terminate immediately if, for any reason, GloWhiter ceases to operate the Website.
3. GloWhiter may terminate or suspend (at our absolute discretion) Your right to use the Website and the Service supplied under these Terms immediately by notifying You in writing (including by email) if GloWhiter determines in its sole discretion that:
  1. you use the Website in breach of clause 9 (Licence);
  2. you post Visitor Material in breach of clause 2 (Visitor Material and Reviews);
  3. you breach any other term of these Terms.
4. Upon termination of these Terms:
  1. all monies due to GloWhiter will immediately become due and payable;
  2. You will remain liable for an Order submitted by You; and
  3. You must return all Intellectual Property to GloWhiter.
5. Termination of these Terms will not affect any accrued rights or remedies any party may have as at the date of termination.
Written Communications
GloWhiter may contact you by email or provide you with information by posting notices on the Website. You agree to receive written communication by such electronic means unless You state otherwise
Force Majeure
Neither GloWhiter nor You will be liable for any breach of any provision of any contract between them arising from an act of God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party (“Force Majeure Event“).
Indemnity
You agree to indemnify and hold GloWhiter and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
Disputes, Governing Law And Jurisdiction
1. If any dispute or claim arising from these Terms then You and GloWhiter must first attempt to resolve the dispute or claim by mutual agreement. In the event that You and GloWhiter are not able to come to an agreement, the matter must then be heard before a mutually acceptable mediator based in Adelaide, South Australia before any legal proceedings are issued. If You and GloWhiter can not agree on a mediator then the mediator will be appointed, at the request of either party, by the president for the time being of the Law Society of South Australia. The costs or expenses of the mediation will be shared equally between You and GloWhiter. You will bear all other costs that You incur in respect of the dispute or claim.
2. These Terms shall be governed by and construed in accordance with the law of South Australia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of South Australia.

Questions about these Terms should be sent to us at info@glowhiter.com.