Terms of service
Vital nexus Pty Ltd Service
These Terms of Service govern your access to and use of the Vital Nexus website, online store, and related services (the Services). By accessing or using our Services, you agree to be bound by these Terms and our associated policies, including our Privacy Policy, Shipping and Delivery Policy, and Returns and Refunds Policy. If you disagree, please do not use our Services.
1. Overview
Welcome to Oligenics. The terms we, us, and our refer to Vital Nexus Pty Ltd (ABN 23 672 382 900), a company registered in Victoria, Australia. Vital Nexus Pty Ltd (Oligenics) operates this online store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the Services).
Our store is hosted on Shopify, which provides the e-commerce platform that enables us to sell our products and services to you. While Shopify facilitates the platform, any purchases made in this store are contracts directly between you and Vital Nexus.
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you disagree, you must not access or use the Services.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot be lawfully excluded.
The information provided through our Services is general in nature and does not constitute medical or professional advice. You should seek independent advice before relying on any content.
2. Access and Account
By accessing or using our Services, you represent and guarantee that you are at least 18 years old, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding agreement. Purchases may only be made by individuals aged 18 or older. Suppose you allow a minor to use your account, device, or payment method to access our Services. In that case, you remain fully responsible for all use, including any purchases made by that minor, whether with or without your supervision.
You are solely responsible for maintaining the confidentiality and security of your account credentials, including login details and passwords, and for all activity conducted through your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You must not transfer, assign, sell, or license your account to any other person. We reserve the right to suspend, disable, or terminate any account where we reasonably believe these Terms have been breached.
To the maximum extent permitted by law, Vital Nexus is not liable for any loss, damage, or unauthorized activity arising from your failure to keep your account details secure or to notify us of suspected misuse promptly. We may suspend, restrict, or terminate accounts without liability where we reasonably suspect misuse or breach of these Terms. Losses from unauthorized use of your account remain your responsibility unless caused by our negligence.
3. Products and Health Information
We make every effort to ensure that product descriptions, images, and information on our website are accurate and up to date. However, product appearance, including color, packaging, and labeling, may vary from how it appears on your device. To the maximum extent permitted by law, Vital Nexus Pty Ltd (Oligenics) is not liable for minor variations in appearance. Nothing in this section limits your rights under the Australian Consumer Law.
Our products are intended for personal use only and must be used strictly in accordance with the directions provided on the product label or packaging. You should always seek the advice of a qualified healthcare professional before using dietary supplements, particularly if you are pregnant or breastfeeding, have an existing medical condition, or are taking prescription or over-the-counter medication.
Our products are not intended to diagnose, treat, cure, or prevent any disease and should not be relied upon as a substitute for medical advice, diagnosis, or treatment. To the extent permitted by law, you use our products at your own risk.
We reserve the right to change, modify, or discontinue any product at any time without notice. We may also limit sales of our products to any person, household, geographic region, or jurisdiction where we reasonably consider it necessary to do so.
4. Orders
When you place an order, you are making an offer to purchase products or services from us. We reserve the right, in our sole discretion, to accept or decline your order for any reason, including product availability, errors in pricing or product descriptions, or suspected breach of these Terms and Conditions.
An order is not accepted, and no contract is formed, until your payment has been successfully processed and you receive an order confirmation from us.
If we cancel an order after receiving payment, we will provide a full refund of the amount paid. We may impose limits on purchase quantities or reject bulk or resale orders. We are not liable for loss if orders cannot be fulfilled due to supply issues, discontinuation, or regulatory restrictions.
All purchases must be for your own personal or household use only. Products must not be purchased for resale, distribution, or export without our prior written consent.
To the maximum extent permitted by law, Vital Nexus Pty Ltd (Oligenics) is not liable for any loss or damage arising from a declined or cancelled order, except to refund any amounts already paid.
5. Prices and Billing
All prices are listed in Australian dollars and include GST where applicable. Prices, discounts, and promotions are subject to change without notice at any time. The price charged for a product or service will be the price in effect at the time your order is placed and confirmed in your order confirmation.
Shipping, handling, and, where applicable, customs, duties, and import taxes are additional and are your responsibility, unless expressly stated otherwise at checkout.
You agree to provide complete, accurate, and current billing and payment information. By submitting payment details, you authorize us and our payment processors to charge the full order amount, including any applicable taxes, shipping, and handling charges.
If your payment is declined, reversed, or flagged as fraudulent, we reserve the right to cancel your order or suspend your account without liability. We are not responsible for pricing, typographical, or system errors. If a product is listed at an incorrect price, we reserve the right to cancel the order and refund any amounts paid. We may correct errors even after order confirmation, where the error is obvious to a reasonable customer, with liability limited to refunding amounts paid.
6. Shipping and Delivery
Delivery timeframes provided on our website or at checkout are estimates only. While we make reasonable efforts to meet these estimates, we do not guarantee delivery dates. We are not responsible for delays or failures caused by carriers, customs processes, or events outside our reasonable control, including natural disasters, strikes, pandemics, or governmental restrictions.
Where we arrange delivery, risk of loss or damage passes to you once the order has been delivered to your nominated address, including Safe Drop or other authorized delivery methods. Title to the goods passes once we have received full payment.
For international orders, you are solely responsible for any customs duties, taxes, or import clearance fees. These charges are not included in our prices or shipping fees and are payable directly to your local customs authority or carrier.
Please also refer to our Shipping and Delivery Policy, which forms part of these Terms, for further details.
7. Returns and Refunds
Returns and refunds are managed in accordance with our Returns and Refunds Policy, which forms part of these Terms.
Nothing in these Terms limits your rights under the Australian Consumer Law. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a repair, replacement, or refund if the goods are faulty, unsafe, not as described, or otherwise fail to meet the consumer guarantees.
In addition to your statutory rights, we also offer a 14-day change of mind guarantee on eligible products. To qualify, products must be returned within 14 days of delivery, in their original packaging, and with at least 75% of the product contents remaining. This goodwill guarantee is offered at our discretion and does not limit or replace your Australian Consumer Law rights. We may refuse a change of mind return if the conditions are not met, including when less than 75 percent of the contents remain.
8. Intellectual Property
All content made available through the Services, including text, graphics, logos, product names, images, audio, video, software, design elements, and trademarks, is owned by Vital Nexus Pty Ltd (Oligenics), its affiliates, or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your own personal, non-commercial use. This license does not transfer to you any rights of ownership.
You may not copy, reproduce, modify, adapt, publish, distribute, transmit, display, perform, or create derivative works from any part of the Services without our prior written consent. Any unauthorized use may result in termination of your access and may expose you to legal action. We may seek injunctive relief, damages, or other remedies if you breach our intellectual property rights.
All trademarks, service marks, and trade names displayed in connection with the Services are the property of their respective owners. You may not use any Vital Nexus Pty Ltd (Oligenics)or third-party marks without the prior written permission of the owner.
9. Shopify Relationship
Our store is hosted on the Shopify platform. Vital Nexus is the contracting party for all purchases and is solely responsible for the products and services offered. Shopify provides the e-commerce technology, but is not a party to your transactions and is not responsible for fulfilling or supporting your order.
Any questions, concerns, or claims relating to your purchases must be directed to Vital Nexus Pty Ltd (Oligenics), not Shopify.
10. Feedback
Suppose you provide reviews, comments, suggestions, testimonials, or any other content, together called Feedback. In that case, you grant Vital Nexus a worldwide, perpetual, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, and display that Feedback for business purposes, including in marketing and promotional materials. Feedback is not confidential, and we may use it without any obligation to compensate you.
You consent to any acts or omissions in relation to the Feedback that may otherwise infringe your moral rights under the Copyright Act 1968 of the Commonwealth of Australia. You also agree to disclose if you have received any incentive, discount, or other benefit in connection with a review or testimonial.
We reserve the right to monitor, edit, or remove any Feedback that we consider to be unlawful, offensive, misleading, defamatory, or otherwise in breach of these Terms or the rights of others.
11. Errors and Inaccuracies
We take care to ensure that all information on our website and Services is accurate; however, errors, inaccuracies, or omissions may occur, including in product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct any errors or inaccuracies at any time without notice.
We may cancel or refuse an order before acceptance if an error is identified. If an obvious error is discovered after an order has been accepted, we may cancel the order and issue you a full refund. We are not obliged to honor incorrect prices where the error was obvious to a reasonable customer.
Nothing in this section limits or affects your rights under the Australian Consumer Law.
12. Prohibited Uses
You must only use our Services for lawful purposes. You must not use the Services in any way that is fraudulent, abusive, defamatory, obscene, misleading, or otherwise infringes the rights of others.
Prohibited conduct includes, but is not limited to, attempting to hack, probe, or gain unauthorized access to our systems, introducing viruses or other harmful code, spamming or sending unsolicited communications, impersonating any person or entity, misrepresenting your affiliation with us, scraping or harvesting data, or interfering with the proper operation or security of the Services.
We may suspend, restrict, or terminate your access to the Services immediately if we reasonably believe that you have breached these Terms or engaged in prohibited conduct. We may report unlawful activity to law enforcement authorities.
13. Termination
We may suspend, restrict, or terminate your account or access to the Services at any time and at our discretion, including if we reasonably believe you have breached these Terms or engaged in unlawful or harmful conduct. We may also suspend or restrict the Services without liability to you.
Termination of your account does not affect any rights or remedies that have already accrued to either you or us. This includes your entitlement to a refund, replacement, or repair under the Australian Consumer Law where applicable.
Any provisions of these Terms which by their nature should continue to apply after termination, including Intellectual Property, Feedback, Limitation of Liability, Indemnity, and Governing Law, will survive termination.
14. Disclaimer of Warranties
Except as required by law, including your rights under the Australian Consumer Law, our Services and products are provided as is and as available. We make no representations or warranties regarding the accuracy, reliability, suitability, or availability of the Services or products, or that they will be uninterrupted, timely, secure, or error-free.
Our products, including nutritional supplements, are intended for general wellness and personal use only. They are not medicines and are not intended to diagnose, treat, cure, or prevent any disease. Always use products as directed on the label and seek advice from a qualified healthcare professional if you are pregnant, breastfeeding, taking medication, or have a medical condition.
No oral or written information or advice given by us creates a warranty unless expressly stated in writing.
Nothing in these Terms excludes, restricts, or modifies your non-excludable rights under the Australian Consumer Law. Where permitted by law, and subject always to those rights, our liability is limited at our option to the repair, replacement, or resupply of the goods or services, or the payment of the cost of doing so.
15. Limitation of Liability
To the maximum extent permitted by law, Vital Nexus Pty Ltd (Oligenics) is not liable for any indirect, incidental, special, or consequential loss or damage. This includes, without limitation, loss of profit, revenue, goodwill, opportunity, or data arising from or connected with your use of the Services or products, whether in contract, tort, including negligence, equity, statute, or otherwise.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any rights and remedies that cannot be excluded under the Australian Consumer Law.
Where our liability cannot be excluded but may be limited, our total liability to you is capped at the amount you paid for the specific product or service giving rise to the claim, on a per claim basis.
16. Indemnity
You agree to indemnify, defend and hold harmless Vital Nexus, its related entities, directors, officers, employees, contractors, agents and service providers from and against any claims, liabilities, damages, losses, costs or expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your violation of any applicable law or regulation, or your misuse of the Services or products.
This indemnity applies to the maximum extent permitted by law and survives termination of these Terms. We retain the right to control the defense and settlement of indemnified claims at our discretion.
17. Severability
Suppose any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason. In that case, that provision will be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
The rights and obligations in these Terms are cumulative and continue to apply to the fullest extent permitted by law, even if part of the agreement is held to be unenforceable.
18. Entire Agreement, Waiver and Amendments
These Terms, together with our related policies, constitute the entire agreement between you and Vital Nexus, superseding any prior agreements, understandings, or representations, whether written or oral, regarding the Services.
Our failure or delay in exercising or enforcing any right under these Terms does not constitute a waiver of that right. A waiver will only be effective if made in writing and signed by us.
These Terms may only be amended in writing by Vital Nexus. Verbal statements or representations made by our staff or agents do not amend these Terms.
Any ambiguity in these Terms will not be construed against the drafting party.
19. Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void.
We may assign or transfer our rights and obligations under these Terms at any time without notice to you, provided that such assignment does not reduce your rights under the Australian Consumer Law.
20. Governing Law and Jurisdiction
The laws of the State of Victoria, Australia, govern these Terms and Conditions. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, in relation to any dispute or claim arising from these Terms or your use of the Services.
21. Changes to Terms
We reserve the right to update these Terms by posting changes on our website. We will notify you of any material changes as required by law. Continued use of the Services after these changes are posted constitutes acceptance of them. We may update our content without prior notice, unless required by law.
22. Contact Information and Notices
If you have any questions about these Terms, please get in touch with us at:
Vital Nexus Pty Ltd (Oligenics)
Email: info@oligenics.com
Address:
Phone: +61 3 9111 9959
ABN: 23 672 382 900
All notices and correspondence related to these Terms must be made in writing, including email communication. Notices sent by email are deemed received when sent, and notices sent by post are deemed received within three business days.