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Terms & Conditions

ACEEPTANCE OF TERMS

Welcome to the IMBIBE Living Water Kefir Pty Ltd (ABN 49 602 292 053).

Your use of the Website is subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using the Website you are also subject to any other IMBIBE rules or guidelines, which may be posted or emailed from time to time (including, without limitation, the IMBIBE Terms and Conditions of Sale). All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative acknowledgement and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means any information or material such as text, software, images, communication, audio and video, including links to that material. ‘Us’, ‘we’ and ‘our’ means IMBIBE.

ACCURACY OF INFORMATION

All material on the Website and on our social media pages is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. To the maximum extent permitted by law, neither IMBIBE Living Water Kefir Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. To the maximum extent permitted by law, IMBIBE Living Water Kefir Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

The Content on the Website and our social media pages is for general information purposes only. IMBIBE does not represent or warrant that the information contained in this Website or our social media pages is suitable for specific needs or requirements of users. The information and material included in this Website and our social media pages is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the information in this Website and our social media pages is accurate, complete, relevant and appropriate to you.

DISCLAIMER

  • The author(s) of IMBIBE are not licensed medical professionals, nor do they claim to be. This website is based on their personal health & wellness journey in which they are sharing for educational and informational purposes only.
  • The statements made on this website have not been evaluated by the TGA (Australian Therapeutic Goods Administration) or the FDA (U.S. Food & Drug Administration).
  • Always consult your own doctor or healthcare provider to determine the best course of treatment for you.
  • Any information or products discussed on the website are not intended to diagnose, cure, treat, or prevent any disease or illness. No information contained on the website is to be used as medical advice.
  • We give no warranty that IMBIBE and the nutritional and exercise information contained therein (whether from third-party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result you may have.
  • You acknowledge that you are solely responsible for following, or not following any advice, recipe or health or eating program and/or use any products or regime that we provide or recommend via the website and that we are not responsible for any injuries that you may suffer as a result of use of IMBIBE.
  • To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of IMBIBE or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on IMBIBE.

PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate. 

MOBILE TERMS OF SERVICE

The IMBIBE mobile message service (the "Service") is operated by IMBIBE (“IMBIBE”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to IMBIBE’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of IMBIBE through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with IMBIBE. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to IMBIBE or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other IMBIBE mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to IMBIBE or email hello@imbibeliving.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

APPOINTMENTS

We may offer complimentary one-on-one general information sessions with our in-house nutritionist (Appointment) via our website from time to time.

You may book in an Appointment using the link here. If you are no longer able to attend your appointment, please inform us as soon as possible by cancelling or updating your booking on the Booking Page.

You acknowledge and agree that the information provided during the Appointment is of general nature only and is not medical advice. You acknowledge and agree that the information shared during the Appointment is not intended to diagnose, treat, cure or prevent any disease or condition, and you are solely responsible for determining the suitability of any recommendation for your circumstances, and your reliance on our recommendations is at your own risk. The Appointment is not intended to be a substitute for consulting a medical practitioner. If you have any health or medical issues or concerns, you agree to speak with an appropriately qualified medical professional prior to booking an Appointment. If you require immediate medical attention, please contact 000 immediately or seek alternative and appropriate medical services. 

SHIPPING & DELIVERY
Please see our shipping and returns policy here.

RETURNS & REPLACEMENTS
Please see our return policy here.

OUT OF STOCK ITEM / PRE-ORDER
If an item was shown as being available on the online shop, and it appears that there is no stock at the time of your order, you have an option to:

  • Wait for the out of stock item; OR
  • Request refund of the purchase amount of the out of stock item, including the shipping cost in case all items ordered are out of stock.

Any orders that contain pre-order items will be shipped all together with the pre-order. 

DISCOUNT CODES

  • All discount codes are applied to the value of the order, before any delivery fees and GST.
  • The discount code must be entered in to the Discount Code field on the checkout page and applied for the discount to be deducted from the order
  • Only one discount code can be applied in every one-time purchase. Discount codes don't apply to subscription plans
  • Sign-up discount: Customers are entitled to a one-off 'welcome discount' upon subscribing to the IMBIBE newsletter. This discount code applies store-wide with a minimum purchase price of AU$80 at checkout (before shipping and GST) and cannot be applied to Subscription Plans. The 'welcome discount' expires 14 days from customer receipt; extensions of this timeframe are at the discretion of IMBIBE. 
  • Rewards and loyalty discounts:Rewards and loyalty discounts are available at IMBIBE discretion and cannot be transferred or redeemed for cash or equivalent product unless otherwise specified. IMBIBE reserves the right to change or withdraw the codes and these terms at any time without notice
  • All rewards, gifts or offers are subject to availability and IMBIBE does not accept liability for the unavailability of such for any reason.  

GIFT WITH PURCHASE

  • Customers who ordered any product and meet the minimum purchase requirement during the duration of the promotion will receive a free gift.
  • GWPs are available for one-time purchases only and cannot be combined with any other sale promotions or discount offers.
  • All Free Gifts are limited in quantity and are available until supplies last.
  • We cannot guarantee product availability or restock.
  • Products purchased during the Promotion Period may be returned for a full refund in accordance with our Return Policy.

SUBSCRIBE AND SAVE PROGRAM

  • IMBIBE's Subscribe and Save program provides a convenient way to place an advance order through the platform and have it delivered to your doorstep based on how frequently you need it. You may opt in to a regular supply of IMBIBE products which is automatically delivered every 30, 60 or 90 days. By subscribing you receive a 15% discount from the standard product price. Each payment is automatically billed to your credit card prior to delivery of the relevant products.
  • Your subscription starts as soon as your initial payment is processed. Upon signing up, you agree to a minimum commitment of 12 weeks. Your subscription will automatically renew for each subscription period (every 30, 60 or 90 days) without notice until you cancel pursuant to the terms of this Agreement.
  • By subscribing, you agree to authorise Imbibe to automatically bill and receive payments from your credit card on a monthly basis. If your credit or debit card cannot be charged for any reason after three attempts, you will not receive the box for that subscription period.
  • Subscriptions can be cancelled only after 12 weeks and a minimum of one week prior to the next billing date by notifying Imbibe via email at hello@imbibeliving.com. Cancellations after this time frame will still be billed for the subsequent period and the box will still be sent.
  • You must be at least 18 years of age or older to subscribe. By creating an account and subscribing to the service you warrant that you are capable of entering a binding contract and that you are at least 18 years of age.
  • It is your responsibility to ensure your address is accurate and up to date. If there are any changes to your address, it is your responsibility to update your address a minimum of 1 week before the billing date.
  • You are responsible for all activity conducted under your personalised login. Do not share your personal login which includes your username and password. If you believe your login has been compromised, it is your responsibility to contact hello@imbibeliving.com as soon as possible.
  • The item cost can be changed at any time. Any price changes will require an email notice from Imbibe at least 15 days in advance.
  • IMBIBE has the right to modify and revise these terms and conditions at any time, for any reason and without notice.
  • We reserve the right to discontinue your subscription at any time for any reason. 

COMPETITIONS & CHALLENGES

GIFT WITH PURCHASE COLLAGEN LIPS

  • Gift with Purchase Collagen Lips is available from Thursday 16th May 2024 10 am AEST until Monday 20th May 2024 11:59 pm AEST.
  • During the Promotion Period, any one-time IMBIBE orders over $100 will receive 1 x 8g Collagen Lips Plum Honey which will be automatically added to cart.
  • GWPs are available for both domestic and international orders online and in-store.
  • All free gifts are limited in quantity and are available until supplies last.
  • We cannot guarantee product availability or restock.
  • Products purchased during the Promotion Period may be returned for a full refund in accordance with our Return Policy. Returned items will be refunded to the original method of payment used at checkout, at the price paid.
  • The Gift With Purchase is not refundable or exchangeable for cash or other merchandise and is non-transferable.
  • The Gift With Purchase cannot be combined with other promotions or discount offers.
  • IMBIBE reserves the right, without prior notice, to (i) discontinue this offer/promotion at any time; (ii) cancel or refuse any individual's benefit from it; (iii) amend these terms and conditions; and (iv) limit the number of promotional redemptions online or in-store. We are not able to offer rain checks on items that are out of stock. 

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