Terms and Conditions
- Information on this offer and how to claim a Refund (defined in clause 3 below) form part of these terms and conditions (“Terms”). If you (a “Claimant”)submit a claim for a Refund you will be deemed to have accepted these Terms.
- Only Australian or New Zealand residents aged at least 18 years who are not employees, or immediate family members of an employee, of the Promoter or any companies, agencies and pharmacies associated with this offer are eligible to claim a Refund (“Eligible Customers”). The Promoter reserves the right to at any time:
a) validate and check the authenticity of any Refund claims and Eligible Customers by requesting evidence of an Eligible Customer's identity, age and place of residence to be sent via email; and
b) at its absolute discretion, reject a Refund claim from any Claimant who cannot within the time reasonably provided by Promoter provide sufficient evidence to establish they are an Eligible Customer, or who has otherwise not complied with these Terms.
- Eligible Customers who:
a) purchase an Ethical Nutrients product (excluding products in Ethical Nutrients Clinical range) (“Participating Product”) between 9.00am AEDT/NZDT (as relevant to country of residence) on 01 January 2022 and 11.59pm AEDT/NZDT (as relevant to country of residence) on 31 December 2022 (“Promotional Period”);
b) try the Participating Product(s) for a minimum of 30 days by following the usage instruction on the bottle; and
c) are not completely satisfied with the Participating Product(s) for any reason,
may, no earlier than 30 days after the date of purchase claim a refund of their purchase price (up to AUD $99.99/NZD $99.99) (“Refund”). Anyone who experiences an adverse effect after taking an Ethical Nutrients product should cease taking the product immediately and call a health professional before calling Ethical Nutrients on 1800 777 648 (Australia) or 0508 227 744 (NZ). In the event of a health emergency always call 111 (NZ) or 000 (Australia).
- Final claims must be received by the Promoter by 11:59pm AEDT/NZDT (as relevant) on 14 February 2023 ("Claim Date").
- Outlets participating in this offer are all pharmacies located in Australia and New Zealand that sell Participating Products (“Participating Outlets”).
- The Promoter will accept claims from the first 300 (Australia) or 60 (New Zealand) Eligible Customers who:
a) visit www.ethicalnutrientspromotion.com.au ("Website") and complete the online claim form by providing their name, email address, mailing address, contact number, date of purchase, store of purchase, product purchased, purchase price, and nominate to receive their Refund via Electronic Funds Transfer (by providing an Australian/New Zealand (as relevant) bank account BSB and Account Number); and
b) upload a scanned, legible image of the original receipt, which shows the Participating Product, date of purchase and price. The Promoter is not responsible if a Claimant’s mobile device or desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability.
- Claims are deemed to be received at the time they are received by the Promoter and not at the time of submission by the Claimant.
- Only one Refund claim per household based on residential address will be accepted.
- Eligible Customers must keep their original itemised purchase receipt as proof of purchase for their claim. The purchase receipt must clearly identify where the Participating Product was purchased, the product/s purchased (which must be a Participating Product) and the date of purchase (which must be during the Promotional Period and more than 30 days before the claim was submitted).
- Claimants will receive a notification via email once the Promoter has received their claim.
- It is the responsibility of each Claimant to ensure that accurate details are provided. If a claim is returned undeliverable or is not accepted by the Claim Date, the relevant claim will be deemed invalid.
- The maximum value of Refunds to be issued is AUD $29,997/NZD $5,999.40. If the maximum value of Refunds is not reached by the Claim Date, that information will be published on the Website on 01/03/2023.
- Eligible Customers should allow up to 14 days from the date their claim is received for claim validation and Refund processing.
- The Promoter accepts no responsibility for lost, late or misdirected claims.
- Incomplete, illegible or incorrect claims will not be accepted by Promoter.
- Refunds are not transferable or exchangeable. If a Claimant returns a Participating Product and receives a full refund from the Participating Outlet, their claim may be deemed invalid at the Promoter's discretion.
- If a dispute arises between a Claimant and the Promoter concerning these Terms, the Promoter will take reasonable steps to consider that Claimant’s point of view, taking into account any facts or evidence the Claimant puts forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this offer and these Terms is final and no correspondence will be entered into.
- If this offer is not able to be conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion and to the fullest extent permitted by law, to refuse any claim or to modify, suspend, or terminate this offer, as appropriate and subject to any necessary approval by the relevant regulatory authorities. Where it is practical for it to do so, the Promoter will notify Claimants of such changes.
- The Promoter, the Promoter's related entities, Participating Outlets and all agencies associated with this offer, and the employees, agents, directors and contractors of all entities referred to in this clause, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, these Terms or any Refund, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
- The use of any automated software or any other mechanical or electronic means that allows a Claimant to automatically submit a claim repeatedly is prohibited and all claims submitted by that Claimant will be invalid.
- Any cost associated with accessing the Website is the Claimant’s responsibility and is dependent on the Internet service provider used.
- The Promoter may communicate or advertise this offer using Facebook or other various social media platforms. However, this offer is no way sponsored, endorsed or administered by, or associated with Facebook or any other social media platforms. Claimants are providing their information to the Promoter and not to Facebook or any other social media platform. Each Claimant completely releases Facebook and any other social media platform from any and all liability.
- Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth)/New Zealand Consumer Guarantees Act 1993, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Claimants may have additional remedies available to them under Australian or New Zealand law.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the offer, including: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim or Refund that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a Claimant; or (e) use of the Refund.
- The Promoter is not liable for any tax implications arising from Refunds. All Claimants should seek independent financial advice. Where this offer involves, for GST purposes, supplies being made for non-monetary consideration, Claimants will follow the Australian Taxation Office’s or Inland Revenue - Te Tari Taake’s (as relevant to country of residence) stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
- The Promoter is Metagenics (Aust) Pty Ltd (ACN 010 636 165/NZCN 715 309) of 741 Nudgee Road, Northgate QLD 4013, whose principal place of business in NZ is Unit B, 22 William Pickering Drive, Albany New Zealand.
Authorised under NSW Authority No. TP/01503.