Terms of service

We the Moode Website Terms and Conditions

1. Introduction

1.1. This website (www.wethemoode.com) (the Site) is created and controlled by Moode Pty Ltd (ACN 640 582 518) (we, us or our).

1.2. These terms and conditions of use (Terms of Use), together with our Website Terms and Conditions of Sale and Privacy Policy, apply to your use of our information, products and services and Site. The term you or your refers to the person or organisation accessing, using or relying upon our Site and the information, products and services offered, on or via, the Site.

1.3. Please read these Terms of Use carefully before accessing or using the products or services available through the Site. Whenever you access or use our products, services and/ or Site you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them.

2. Information provided on this Site

2.1. The purpose of this Site is to provide you with information about women’s and reproductive health as well as information relating to the prenatal and reproductive health vitamins and supplements sold by us. The information and material contained on this Site does not constitute medical, financial or other advice. Any reliance on, and use of, the information and material contained on this Site is at your own risk.

2.2. We do not warrant the accuracy or completeness of the information and material provided on, or via, the Site and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any inaccuracies, errors or omissions in the information or materials contained on, or via, the Site.

3. Access and use of this Site

3.1. We will not be liable to you or anyone else if for any reason the Site is unavailable (wholly or partly) at any time or for any period.

3.2. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or, information and content we provide on, or via, the Site at any time without notice. From time to time, we may restrict access to some parts of the Site (wholly or partly).

3.3. When accessing and using the Site, you must not misuse, disrupt, impair or undermine the security or integrity of the Site or our computing systems or networks, or any computing systems or networks involved in maintaining this Site, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.

3.4. You must not use this Site to post, distribute or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, Trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any law.

4. Liability and disclaimer

4.1. The Internet is not a secure medium and communications to and from this Site may be intercepted or altered in transit. We do not warrant and is not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this Site or any links to third party sites, and for the downloading of any material posted on this Site or any third party site.

4.2. The Site, any information or material displayed on, or via, the Site, our products and services are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site, information, products and services meets your personal, wellbeing or healthcare needs and is suitable for the purposes for which it is used.

4.3. To the maximum extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the Site, our products or services, or any information or material displayed on, or via, the Site and third party sites linked to it.

4.4. Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

4.5. Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed the price paid by you for the products purchased from our Site in the preceding 1 month of the claim. To the maximum extent permitted by law, we, our directors, employees, contractors and agents will not be liable to you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, arising out of, or in connect with, the Site, third party sites linked to it, the use or inability to use, or reliance on, the Site, any information or material displayed on, or via, the Site, our products or services or these Terms of Use.

5. Intellectual Property

5.1. We are the owner or the licensee of all material and content published on, or via, the Site (including all intellectual property contained therein) (Content). This Site and Content is protected by copyright, trade mark and other intellectual property laws. All such rights are reserved.

5.2. You may download and print Content from this Site for your own personal purposes only. You are not allowed to modify, adapt, copy, distribute, license, transfer, or sell any of our Content found on or obtained from our Site without our written consent.

6. Links to or from other sites

We do not recommend or endorse any third party goods, services or content appearing on, or via, this Site, or other websites which are linked to this Site, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these websites, or use of, or reliance on, such websites, products or services is at your own risk and we do not accept responsibility for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

7. Amendments

We reserve the right to change, update, or correct the Terms of Use or any information contained on the Site at any time without notice by posting amended Terms of Use to the Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the Site immediately.

8. General

8.1. Any failure or delay by us in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

8.2. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.

8.3. If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

8.4. These Terms of Use are governed by the laws of the state of Victoria, Australia and each party submits to the jurisdiction of the courts of the state of Victoria, Australia.

9. Further information

If you have any queries or would like further information about these Terms of Use, our Site, products or services, please contact us at hello@wethemoode.com.

We the Moode Terms and Conditions of Sale

Introduction

The We the Moode website (www.wethemoode.com) (the Site) is owned and operated by Moode Pty Ltd (ACN 640 582 518) (we, us or our).

These terms and conditions of sale (together with our Website Terms and Conditions and Privacy Policy) comprise the terms of a legal agreement between you and us for the purchase, fulfilment and delivery of products to you on, or via, the Site (agreement).

You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. The placement of an order for products on, or via, the Site constitutes your acceptance of this agreement.

Your Account

To order and purchase products on, or via, the Site, you must either:

register with us and setup an account (Account). Your Account will be operated by a username and password (Password) which can be changed any time by you by emailing us at hello@wethemoode.com, or an alternate email address advised by us for this purpose from time to time; or

(b) purchase the products as a guest (on a one-off basis); or

You are responsible for:

maintaining control over, and the confidentiality of, your Account and Password;

keeping your Account registration information current, complete, accurate and truthful;

notifying us in writing of any unauthorized access to, or use of, your Account or Password; and

for all activities or transactions that happen under your Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your Account or Password, including any misuse, stolen or hacked Accounts or Passwords.


Placement of orders

You may purchase products on, or via, the Site by selecting and placing your order in accordance with this agreement and as directed on the Site. Any order placed by you in the manner displayed on the Site is an offer by you to purchase a particular products for the price (including Additional Charges) specified on the Site at the time you place your order.

You should take care when submitting an order to purchase products on, or via, the Site. To the maximum extent permitted by law and unless otherwise permitted by this agreement, once you have placed an order for products, your order cannot be altered or cancelled.

Placing an order for products does not constitute a legally binding agreement until we confirm that payment has been made on the order and you receive a written order confirmation from us to your nominated e-mail address that payment has been received and the order has been accepted.

If we are unable to successfully process your PayPal account or debit or credit card payment for your order, we may notify you and cancel your order.

Each order to purchase products constitutes a separate agreement for the supply of products, on the terms and conditions of agreement and is subject to your compliance with any specific limitations or terms displayed on the Site.

We may, at our absolute discretion, accept or decline any order for products (or part thereof) from any customer (including an existing member) for any reason (or no reason), including an error in the advertised price for, or description of, the products on the Site, an error in your order or lack of product availability. Any order for products (or part thereof) not accepted is automatically deemed cancelled.

If your order details or billing information is incorrect, incomplete or suspicious, we may, at our absolute discretion, require you to provide additional billing verification or order information before accepting any order.

If you place an order for products on, or via, the Site for someone else to receive the products, you warrant that you have the authority to:

provide us, or otherwise make available to us, the other person’s personal information and you have obtained their consent for us to collect, use, store or disclose their personal information in accordance with our Privacy Policy; and

bind that person as the principal to this agreement, and to the extent you do not have such authority you agree to be bound to this agreement.

Moode Membership

The Moode membership commences on the date you sign-up for a membership through your Account and continues until you terminate your Moode membership by providing us with 10 days’ written notice (Membership Term).

By signing up for a Moode membership and provided you pay the Membership Fee for the products, we shall deliver a new product to you each month for the Membership Term. The products will be delivered to the address nominated by you in your Account.

The Membership Fees are in Australian Dollars (AUD) and are exclusive of GST, which is payable in addition. In addition to the Membership Fees, you agree to pay the Additional Charges in relation to delivery (or re-delivery) of the products. You will be charged the Membership Fee on a monthly basis.
By signing-up for a Moode membership through your Account, you authorise us to arrange for the Membership Fees to be debited from your credit card or bank account (as applicable) each calendar month (Direct Debt Authority).

You may cancel, defer or change your Direct Debit Authority by notifying us in writing at least 14 days before the day on which your next debit is due. If you cancel or defer Direct Debit Authority, we may not be able to deliver the products to you each month, unless you provide us with new Direct Debit Authority.

It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:

the transaction will be rejected and the payment will be treated as if it were never made;
your financial institution may charge you a fee and/or interest;
we may charge you a dishonour fee at our prevailing rate at the time; and
you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that we can process the debit.

It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.

If you believe that an error has been made in debiting your credit card or bank account (as applicable), you should notify us as soon as possible in writing and we will promptly investigate and we will adjust your credit card or bank account balance as required.

If you cancel the Direct Debit Authority, your membership will cease at the end of then current calendar month. You can re-activate your membership at any time via your Account.

Clauses 2, 5, 6, 7, 9, 10, 11, 12, 13, and 14 of this agreement apply to your Moode membership (as the context permits).


Price

Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST.

Prices displayed on the Site are current at the time of issue. Prices and availability of products are subject to change effective immediately upon posting to the Site. You agree to pay the price current at the time of payment.

Prices for our products displayed on third party Sites may not be correct and we are not bound by them.

In addition to the price for products as displayed on the Site, you agree to pay:

GST and any other taxes and government charges, levies or fines in relation to the purchase of the products;

delivery and handling fees in relation to the delivery (or re-delivery) of the products, packaging costs, transport insurance and all other costs, charges or expenses incurred in relation to delivery (or re-delivery) of the products;

surcharges for payments made by credit card; and

charges incurred in connection with the cancellation or variation of an order (Cancellation Fee),

(collectively, Additional Charges).

Payment

Once payment is made your tax invoice will be sent to you. Your tax invoice is your proof of purchase and may be required for any warranty claim.

You must pay for products by debit card, credit card (Visa or Mastercard) or PayPal. If the name on the debit card, credit card or PayPal account does not match the name on the order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing your debit card, credit card or PayPal account details you authorise us to deduct the price for the products and the Additional Charges (as applicable) from your card or PayPal account.

We may, at our absolute discretion and without notice, change the payment methods that can be used to purchase products on, or via, the Site, at any time.

We may, at our absolute discretion, decline your payment at any time for any reason, including, but not limited to:

where our fraud detection systems detect possible irregularities; or

because your financial institution has declined payment or there are insufficient funds in your nominated PayPal account or credit or debit card to cover the full cost of the purchase.

If we are unable to successfully process your payment, we will notify you by email and we may, at our absolute discretion:

cancel, or suspend, all (or any part of) your order;

request additional information (for example, proof of identity documents); or

request you made payment by another method.

If you do not comply with our request for additional information or you fail to make payment by another method within 7 days, we will cancel your order without further notice.

Delivery

Purchases will not be dispatched to you until we confirm payment has been made.

We (or our third party providers) shall use reasonable endeavours to effect delivery at the delivery address nominated by you in the order and by the scheduled delivery date displayed on our Site or on your order confirmation (as the case may be). Delivery dates are estimates only and are not binding on us.

If you need to change a delivery date or the delivery address, please contact us by email at hello@wethemoode.com at least 3 days (if you purchase products from our Site on a one-off basis) or 10 days (if you are a member of our Site before the scheduled delivery date.

If you are not available to take delivery on the scheduled delivery date, we may, at our absolute discretion, either:

leave the parcel containing your products in a safe and suitable place at the delivery address (such front door/porch, mailbox, under the carport or verandah or bind a side gate); or

not the leave the parcel containing your products at the delivery address if we consider the delivery address to be unsafe for delivery. If we are required to re-deliver the products, you will be charged a delivery and handling fee for each additional attempt for delivery.

If the delivery of products are delayed for any reason, we will not be liable to you or anyone else for any losses, damages, costs or expenses arising out of, or in connection with, any delay in delivery of the products. We shall use reasonable endeavours to promptly notify you of any delays in delivery of the products.

We will not deliver products to a post box, post restante address or address outside of Australia.

You will ensure that any person who collects or takes delivery of the products on your behalf is authorised by you to do so. Acceptance of delivery by such representative will constitute conclusive evidence that you have examined the products and found them to be in good condition, complete in every way for the purpose for which it is intended. If required, the duly authorised representative shall sign a receipt confirming acceptance.

The risk of the products, including from loss, theft, damage or destruction of the products, shall pass to you on and from delivery of the products to a delivery provider or carrier.

Title to the products passes to you when the products are paid for in full. We shall use reasonable endeavours to transfer to you any manufacturer's warranty in any such products from the time title passes to you (and we disclaim all responsibility in relation to any such manufacturer's warranties).

To the maximum extent permitted by law, if any dispute arises concerning any order (and including any measurement, quality, quantity, identity, or authority or any telephone, e-mail, or Site order) our records will be conclusive evidence of what was ordered.

Cancelled or varied orders

At any time before delivery, we may, at our absolute discretion, cancel any order that has been previously accepted. Where we cancel your order before delivery, we will send you an email notifying you of the cancellation.

We, may, at our absolute discretion, consider a request by you to cancel or vary any previously accepted order. All requests to cancel or vary an order must be in writing (by email to hello@wethemoode.com) before the Products have been dispatched to your nominated delivery address. To the maximum extent permitted by law, we may, at our absolute discretion, charge you, by way of liquidated damages, any loss, cost or expenditure incurred by us in relation to any cancellation or alteration of your previously accepted order (including, but not limited to, Cancellation Fees).

In the event either party cancels an order after payment has been accepted, we will refund any amount paid in respect of that order (less a Cancellation Fee in the event you cancel the order), using your original payment method.

To the maximum extent permitted by law, we will not be liable to you or anyone else for loss, damage, cost or expense arising out of, or in connection with, the cancellation of your order (whether by you or us and regardless of whether payment had previously been accepted by us).

You will not be entitled to a refund if the products you purchased are delayed or lost as a result of you providing us with incorrect or insufficient delivery details.

Refunds and returns

Please choose carefully as exchanges or refunds are not provided where you have simply changed your mind. To the maximum extent permitted by law and although we adopt strict quality controls in the manufacture of our Products, we will not provide a refund, exchange or repair in the following circumstances:
where the products are damaged through misuse, accident or abnormal use;
insignificant minor imperfections or superficial blemishes;
insignificant minor variations in dimension, colour, size or finish;
damage to external or product packaging only; or

where the Australian Consumer Law or any manufacturer’s warranty does not apply.

If the wrong product is delivered, contact us as soon as possible, but not later than 3 days of receiving your delivery. We will offer to send you the correct products and arrange for the collection and return of the incorrectly delivered products at no cost to you.

If the products arrive that are faulty, are defective or has been damaged during manufacturing or delivery, please take photos or video clearly illustrating the problem and contact us as soon as possible, but not later than 3 days of receiving your delivery.

To the extent that you acquire the products from us as a consumer within the meaning of the Australian Consumer Law, your purchase of products will come with certain consumer guarantees that cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you. In accordance with Australian Consumer Law, if the products you purchased has a major failure, you may reject the products and seek a refund or exchange, or you may keep the products and seek compensation for any drop in the value of the products. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

If we request that you return a damaged, faulty or defective products to us, you must:

provide us with your proof or purchase;

return them in the condition received by you with all original packaging, accessories and/or manuals; and

comply with any other direction given by us in relation to returning the damaged, faulty or defective products.

If we request that you return the products, it is your responsibility to ensure that returned products are returned safely and within a reasonable period of time. We accept no responsibility for products lost in transit.

Where you are returning products to us because of our failure to comply with a consumer guarantee, you must return the products to us at our cost. If you are entitled to a refund, we will provide you with a full refund within 10 days.

Where we do not request that you return the damaged, faulty or defective products to us, you must dispose of the products (and in no case should you consume or re-sell the products).

Your products may come with a manufacturer's warranty. If you would like to make a claim under the manufacturer's warranty, please contact the manufacturer direct to arrange for the products to be repaired or replaced.


Warranty disclaimers and liability

Images, weights, colours, heights and other measurements of the products displayed on, or via, the Site are approximate only and may vary slightly from those images or specifications displayed on the Site. We cannot warrant or guarantee that the weight, colour, height or other measurements of the products are accurate.

It is your responsibility to satisfy yourself as to the suitability, condition and fitness for purpose of the products without relying upon our skills or judgment. To the maximum extent permitted by law, we make no warranty or representation that the products requested by you meet your personal, wellbeing or healthcare needs, are suitable for any particular purpose or used under any specific conditions. You purchase the products at your own risk on an ‘as is’ and ‘where is’ basis.

To the maximum extent permitted by law, we are not liable to you or anyone else if your order is decline or not accepted, your payment is not processed or the products are not delivered as a result of, or in connection with:

your failure to provide us with complete or accurate order information or delivery details;

the disruption to, or unavailability of the Site or any computer or telecommunication systems used in connection with the Site; or

an Unavoidable Event.

To the maximum extent permitted by law, we exclude:

all representations, conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law or equity;

all liability to you or anyone else for any:

indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realise anticipated savings, loss under or in relation to any other contract, loss of opportunity or expectation loss or loss of production; or
loss of, or damage to, any property or any personal injury or death to you or anyone else,

arising out of, relating to or connected to, your access and use of our Site, the provision, delivery or use of the products and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the price paid by you for the products under this agreement in the preceding 1 month of the claim.


Privacy

We and/or our authorised external service providers may collect personal information directly from you when you access or use our Site, setup an Account, when you place an order or purchase products on, or via, the Site, or when you contact us for any reason. Personal information we collect and use may include your name, billing address, delivery address, telephone number, email address and payment details.

Further details of our policy on the collection, storage, use and disclosure of your personal information is set out in our Privacy Policy, which forms part of this agreement.

Unavoidable Events

We will not be liable to you or anyone else under this agreement or otherwise if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our control including, but not limited to, acts of God, failure of a utility service, transport, banking or telecommunications networks, riots, civil commotion, computer hacking, war, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or earthquake, any disaster or adverse weather, pandemic, epidemic, governmental actions, shutdowns or lockdowns, default or non-performance of hosting or data centre providers, interruption of the internet or our Site, or other suppliers or sub-contractors, labour disputes, or any other failure, act or omission in our supply chain, including our third party delivery contractors and manufacturers (Unavoidable Events).

Suspension and termination

We may, in our absolute discretion and without notice, terminate, suspend or block your access to your Account or Password, the Site, or any products offered, on or via, the Site for any reason (or no reason), including as result of, or in connection with any breach of this agreement by you. We will not be liable to you or anyone else arising out of, or in connection with, any such suspension or termination.

General

A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

Nothing in this agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.

If there is any inconsistency between this agreement and the term of any other document referred to in this agreement, this agreement shall prevail to the extent of any inconsistency.

The laws of the state of Victoria, Australia govern this this agreement. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Promotional Terms & Conditions: