Last updated 3 October 2024

Thank you for visiting our website at www.drglitter.com. This website is owned and operated by Dr Glitter Pty Ltd (ACN 637 747 945) and our related bodies corporate (‘Dr Glitter’, ‘we’, ‘our’, ‘us’) and we are the supplier of the products.

By accessing, browsing and/or using this website, including using the website to make an order, you agree to these Terms and Conditions (Terms), which include our Privacy Policy (available at [https://drglitter.com/policies/privacy-policy]) (collectively, the Agreement). You should review our Privacy Policy, and these Terms carefully. If you do not agree with the terms of the Agreement, you must not access, browse or use this website. 

These Terms govern the supply of any products ordered by you on the website and your use of the website. By browsing, accessing, using this website or ordering a product, you agree to be legally bound by these Terms. 

The Terms are legally binding. We may change these Terms at any time, and the revised Terms will be made available on our website. By continuing to use the website, you agree to be bound by such revised Terms.

1. Access and Use of the Website

You must only use the website in accordance with these Terms and any applicable law. To place an order, you must have the capacity to enter into a legally binding agreement with us. If you do not provide accurate and complete details on the website when making an order, we may not be able to provide products or services to you.

We do not warrant that the website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website. We do not warrant that the website is accurate, complete or current. Any information or content, including descriptions of products, product pricing and photos of products on the website are subject to change without notice at our sole discretion and should not be relied upon or used as the sole basis for making decisions and any reliance on the contents of the website is at your own risk.

This website may contain links to third party websites. Those links are provided for convenience and may not remain current or be maintained. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this website. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we do not endorse and we are not responsible for the content or privacy practices associated with linked websites, and have no control over or rights in those linked website. You should make your own enquiries before using and/or accessing third party websites.

You may not use the website other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, circumvent, disable, or otherwise interfere with security-related features of the website or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the website.

Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell or transmit or otherwise use any of the material on the website, except as permitted by statute or with our prior written consent.

You must not link to our website or any part of our website in a way that damages or take advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

We are under no obligation to discuss the details of an order with anyone other than the customer named on the order purchase invoice or sales document.

1. Registration and Privacy

You may need a registered account to place an order on our website. 

When you register and activate your account, you may be sent a one-time passcode to your email address. You are responsible for keeping access to your email and the username and password of your email secure and are responsible for all use and activity carried out in this account. To create an account, you must agree and undertake to use the website in accordance with these Terms.

You may also provide us with personal information such as your name, email address, delivery address and contact number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy set out at [https://drglitter.com/policies/privacy-policy].

1. Collection of Personal Information

We collect personal information about you in order to process your registration and provide you with our products and services and for purposes otherwise set out in our Privacy Policy. 

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. 

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please refer to our Privacy Policy set out at [https://drglitter.com/policies/privacy-policy].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

1. Order, Payment and Contract

When making an order, you must follow the instructions on the website as to how to make your order and for making changes to your order before you submit it, it is your responsibility to ensure all details in relation to the order are correct.

Prices for our products are subject to change without notice. We reserve the right to modify, discontinue or refuse products and services to anyone, including existing customers, at any time. We are not liable to you or any third-party for any price variation, modification, discontinuance or suspension of any product, service or order placed on the website.

Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the website) the price you must pay including Goods and Services Tax (GST) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (Delivery Fees) (collectively, the Order Price). Unless otherwise stated, all charges are in Australian dollars.

You must pay the Order Price in full at the time of ordering. Your payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

1. Products

Not all products listed on the website may be available or they may be in limited quantities. We reserve the right to limit the quantities, discontinue or recall any of the products we offer. You acknowledge and agree that whilst products sighted on our website or in promotional media are indicative of the products that you will receive, different products are subject to unique characteristics that may mean your order may vary from the products sighted as above. 

All care has been taken to ensure that the products as viewed are accurate representations however Dr Glitter takes no responsibility for any variation between the products sighted and the products received by you.

We do not warrant that any products, services, information provided, whether on the website or otherwise, or any other material purchased or obtained by you will be fit for your personal intended purpose. You may not use the products other than for their intended purpose. You agree that you will not use the Products for any illegal or unauthorised activity or purposes.

1. Shipping, Delivery and Receipt

Following payment of the Order Price, your order will be available for delivery. Once your order has been dispatched, you may be contacted by the delivery service provider in relation to the delivery.

You acknowledge that:

(a) you appoint Dr Glitter as your agent for the purposes of arranging delivery of products; 

(b) Dr Glitter is not a party to the arrangement between you and the delivery service provider; 

(c) Dr Glitter is merely your agent;

(d) Title and risk in relation to the products pass to the delivery service provider. As such, Dr Glitter will not be liable for any damage caused following dispatch for delivery; and

(e) If:

(i) you do not expressly state the access to and address of your property correctly upon making the order; or

(ii) on arrival, the delivery service provider deems it to be a difficult location; or

(iii) the delivery is not completed due to the delivery address being unoccupied and there is nobody to accept the delivery;

then you will be liable for any additional charges (including redelivery fees and the cost of additional required labour).

We will use reasonable endeavours to ensure that all products are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.

For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third-party couriers or suppliers or any resulting loss. This includes any delays caused by the COVID-19 pandemic.

Delivery Fees will vary depending on the order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.

The full Order Price must be paid before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an order, and we are not responsible for any misplaced products or for delivery of any order to an unintended recipient as a consequence of incorrect details.

You must ensure that any person who collects or takes delivery of the products on your behalf is authorised by you to do so. Title and risk in the products pass to the customer on collection or on signing for delivery of the products. Where a customer gives written authority for products to be delivered without a signature

(a) any and all included insurance cover (if any) will be voided; and

(b) title and risk in the products pass to the customer on delivery of the products to your nominated delivery address.

The delivery date and time will vary in accordance with the nominated courier or provider. We are not responsible for the delivery times of the products. Once the products have been dispatched from our warehouse, it is your responsibility to liaise with our nominated courier company in relation to date of delivery and to make yourself available to take delivery at the nominated time for delivery.

Any information provided by us to a customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information. For the avoidance of doubt, the products are considered collected by you at the time they are dispatched for delivery.

1. Discounts, Promotions and Competitions 

Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount (Discount Code). If a valid Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the relevant products. Any associated Delivery Costs will be unaffected by the Discount Code and payable at the ordinary rate.

Discount Codes cannot be used:

(a) with any products excluded at the time;

(b) in conjunction with any other promotion, Discount Code, discount or to a clearance item; or

(c) retrospectively to a confirmed order.

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

1. Complaints, Returns and Refunds Policy

We reserve the right to cancel or otherwise refuse any order placed with us. All of our products are consumable in nature, we do not accept any returns or exchanges on our products. 

It is the customer's responsibility to inform us of any order that has not been delivered. We are not liable for any order that is undelivered or anything resulting from an undelivered order, however any order that has not been delivered will be investigated and we will endeavour to correct any issues.

We request that you closely inspect all products immediately on delivery and report any damaged or faulty products to us within 24 hours of delivery. If a product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective product to the manufacturer or us.

If you consider that your order is not of acceptable quality, not fit for the purpose, not conforming with any description or sample provided, not durable, safe or free from defect then you must notify us of this as soon as possible, with complete details of the problem and evidence (Complaint).

We provide no guarantee as to the outcome of any Complaint, but we will make every effort to ensure our customers’ satisfaction.

1. Consumer Guarantees

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 (Acts) where to do so is unlawful.

To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the products again or payment of the cost of having the products supplied again.

To the maximum extent permitted by law, we will not provide you with a refund, or exchange the products ordered by you on, or via, the website where:

(a) the products are damaged through misuse, accident or abnormal use; or

(b) the Australian Consumer Law or any manufacturer’s warranty does not apply.

Consumer guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.

1. Copyright, Trademarks and Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all information, text, graphics, names, logos, trademarks, brands, designs, advertisements, audio and software) made available on this website (Content). 

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

1. Contributions

Dr Glitter may permit you to make, share, publish, post, store or upload information including data, text, video, still images, audio or other material on the website (Contributions). You retain sole responsibility for and accept all liability for all Contributions you make to the website and Dr Glitter disclaims any and all liability in connection with Contributions. Dr Glitter assumes no responsibility for monitoring any Contributions and does not endorse the information contained in any Contributions. Dr Glitter is under no obligation to treat your Contribution as confidential.

Dr Glitter may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Dr Glitter may repost or share any information or content you upload to public networks in relation to Dr Glitter and/or its products.

1. User License to Dr Glitter Pty Ltd

By placing any Contributions, information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Dr Glitter and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Contributions, information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Dr Glitter and any other party authorised by Dr Glitter all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of  Dr Glitter, you will execute and deliver to  Dr Glitter such instruments and take such other actions as may be required to carry out this grant of license and waiver.

1. No Commercial Use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

1. Unacceptable Activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) using this website to defame or libel us, our employees or other individuals;

(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; and

(d) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

1. Warranties and Disclaimers

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty or representation regarding the information on this website, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Our content and products are for informational and educational purposes only and are not perceived as or relied upon in any way as medical advice. The information provided through our programs and products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, licensed dietician or nutritionist, or any other licensed or registered health care professional.

Statements made on this website have not been evaluated by the US Food and Drug Administration or the Therapeutic Goods Administration of Australia. Products advertised or sold through the website are not intended to diagnose, treat, cure, or prevent disease.

   16. Indemnity

You agree to indemnify us and our officers, directors, employers or contractors (collectively, the Indemnified) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the website, any breach by you of this Agreement or your or anyone else’s use of the products.

1. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we exclude all:

(a) conditions, guarantees or warranties expressed or implied by law; and

(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the website, or any products ordered on, or via, the website and this Agreement.

Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the products in your order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

1. Jurisdiction and Governing Law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

1. General

(a) We reserve the right to make changes to these Terms without notice to you. Any amendments to the Terms will have immediate effect from the time that they are published on the website. 

(b) Although we do our best to provide the most up-to-date information on the website as this becomes available, we cannot warrant the accuracy or completeness of the information provided.  

(c) Any provision of these Terms that is void or unenforceable may be severed without affecting the enforceability of other provisions. 

(d) A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

1. Promotions

(a) Black Friday Offers

1. 1. The “Black Friday Discount” on boxes of 12 Sachets, and orders of 30 sachets of IRON+ and PROBIOTIC+ crystals is only available for a limited number of orders. 

   2. The “Black Friday Discount” on subscriptions of 30 sachets of IRON+ and PROBIOTIC+ crystals is available on a limited number of orders, and only applies to the first month of the subscription. After the first month, the monthly subscription price automatically reverts to the standard price of AU $89.99 per month before a subscription discount of 15%. 

   3. The “Black Friday Discount” Flat rate shipping is available for a limited amount of time. Once this period of time has concluded, terms of Shipping will be altered.