Terms of service

Welcome to the website of Be Genki Pty Ltd (ACN 121 302 378) trading as My Stait ("we", "us" or "Stait"). Stait is an "Aussie made" brand for hormonal health and longevity. The Website provides information about vitamins and dietary supplements (the "Products") and is a retail store for the Products.

This website is located on the web via the domain https://mystait.com/ and includes all of the files located in that domain (the "Site").

By accessing this Site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Stait and govern your use of this Site.

Privacy Policy and Returns Policy As part of these Website Terms of Use, your use of this Site is also subject to our Privacy Policy (located at https://mystait.com/privacy-policy) and our Returns Policy (located at https://mystait.com/returns-policy), which are incorporated by reference into these Website Terms of Use.

Legal capacity to transact If you are under 18 years of age, you cannot place orders through this Site. By using this Site you represent and warrant to Stait that you are over the age of 18 years. Should Stait suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Requirement for registration Stait reserves the right to make any parts of this Site accessible only to users who have registered.

Username and password Upon registration with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. Stait will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Stait will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

You must notify Stait immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information In order to register an account with this Site, you must agree to these Website Terms of Use and provide Stait with:

• •a valid email address;
• •current, complete and accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• •any other information that may be required by Stait during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Stait that all information provided to Stait by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations Stait reserves the right to accept or reject any application for registration of an account with this Site at its discretion.

The Information on this Site is provided for informational purposes only. Stait does not provide any medical advice, diagnosis or treatment. The information on the Site or on any product packaging is not intended to substitute any professional medical advice or information whatsoever. All information found on the Site or on any Product packaging is general in nature and is not intended nor is it implied to diagnose, treat, cure or prevent any disease or illness.

Nothing on this site is intended to be or should be treated as a medical diagnosis or treatment.

Always read the label and use only as directed. Stait's Products are designed to be beneficial and safe when used as recommended. Vitamin supplements should not replace a balanced diet. Normal health may not be affected by taking vitamin supplements.

Stait assumes no responsibility or liability resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to this site.

Prohibited conduct Your use of this Site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use Without limiting any other remedies available to Stait at law or in equity, Stait reserves the right to, without notice:

• •temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Products to you if:
• •you breach any provision of these Website Terms of Use;
• •Stait is unable to verify or authenticate any information that you provide to us; or
• •Stait believes that your actions may cause damage and/or legal liability to Stait, any of its customers or suppliers or any other person; and
• •remove or block access to any information and/or materials (in whole or in part) that Stait, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Indemnity You indemnify and hold harmless Stait and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• •any material or information that you submit, post, transmit or otherwise make available through this Site;
• •your use of, or connection to, this Site; or
• •your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Order constitutes offer By placing an order through this Site, you make an irrevocable offer to us to purchase the Products that you have selected pursuant to these Website Terms of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Products to you – however, Stait will endeavour to supply your selected Products to you.

• •By placing an order with us, you acknowledge and agree that:
• •you understand that Stait offers no medical advice;
• •the Products purchased from our Site are for your personal use only; and
• •you will use the Products in accordance with the instructions and information provided with the Products.

• •We will not commence processing any order made through this Site unless and until:
• •payment for the order has been received by us in full; and
• •the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

• •Refusal of orders
• •We reserve the right at our discretion to:
• •at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
• •at any time:
• •refuse to provide Products to you;
• •terminate your access to this Site; and/or
• •remove or edit any content on this Site.

• •Examples of some of the grounds upon which we may elect to reject an order, include but are not limited to the following:
• •The Products you have selected are not in stock;
• •The Products are listed at an incorrect price or with incorrect information due to any oversight;
• •The information you have provided us is inaccurate, incomplete or incorrect;
• •There is a duplication of the order in error;
• •Authorisation of payment cannot be obtained;
• •Delivery is requested to any address outside of our delivery area.

Acceptance of orders Acceptance of each order will take place if and when Stait ships the requested items to you, at the time at which the items are despatched by Stait. Title to, and risk in, the items will pass from Stait to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.

Stait reserves the right to change the prices for Products displayed on this Site at any time before you place an order. We will notify you in advance of any pricing changes that may affect future orders.

Delivery We endeavour to deliver the Products to you as soon as reasonably practicable after you place an order with us.

Please ensure the delivery address you have provided is correct. If it contains any errors, Stait may not be in a position to provide you with the Products you have ordered, or the provision of the Products you order may be delayed.

Shipping costs Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

In the event that you are not available to accept delivery of your Products and it is necessary to re-arrange delivery, Stait reserves the right to charge a reasonable additional amount to cover the cost of such re-delivery.

GST Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment for orders placed through this Site may be made by credit or debit card processed online using our secure third-party payment gateway, Authorize.net ("Payment Gateway") or using a PayPal account. We are currently only accepting Visa and Mastercard as payment methods.

Payment Gateway Stait uses the Payment Gateway for its secure online payment transactions. Payments made through the Payment Gateway are subject to the Payment Gateway's own terms and conditions and privacy policy in addition to these Terms and Condition of Use. For more information about the Payment Gateway, see the Authorize.net website (https://www.authorize.net/en-anz.html).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order and deliver your purchased Products to you (e.g., your name, email address and billing/postal address).

Stait does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Stait, through the Payment Gateway to charge your payment method for the total amount of your order.

Credit and debit card payments It is not necessary to have a Authorize.net or PayPal account in order to make a purchase on this Site. PayPal and Authorize.net accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Stait does not charge additional transaction fees for paying by credit card.

Refunds and other remedies Any unused product(s) may be returned within 7 days of delivery.

Further information on the steps that Stait will take to remedy any breach of any non-excludable condition or warranty / guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.

Security While the Payment Gateway and our Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Stait.

Stait may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Stait considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Copyright In these Website Terms of Use, the term "Proprietary Content" means:

• •this Site;
• •all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
• •all software, systems and other information owned or used by Stait in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Stait or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Stait or other copyright owner (as applicable).

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

You may quote any of the information found on this Site so long as the quote is accurate, and you refer to Stait correctly and appropriately.

Trademarks Stait's logo and the phrase "Stait" are trademarks of Stait. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and / or trade dress of Stait. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Stait.

User Content In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This Site contains some features that enable you and other users to upload User Content. Stait reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• •represent and warranty to Stait that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• •grant to Stait a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Stait's absolute discretion.

Copyright claims If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAIT AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Stait and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

• •the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• •this Site will meet your requirements or expectations;
• •anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
• •the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
• •errors or defects will be corrected; or
• •this Site or the servers that make it available are free of viruses or other harmful components.

Exclusion of liability To the maximum extent permitted by law, Stait and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person.

Remedies limited To the maximum extent permitted by law, Stait and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Stait's sole discretion):

• •in the case of goods, to any of the following:
• •the replacement of the goods or the supply of equivalent goods;
• •the repair of the goods;
• •the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• •the payment of the cost of having the goods repaired; and

• •in the case of services:
• •the supply of the services again; or
• •the payment of the cost of having the services supplied again.

Release You agree that your use of this Site is at your own discretion and risk. You agree to release Stait and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person. Stait may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Stait excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Stait, and Stait shall be entitled to a reasonable extension of time for the performance of such obligations.

Occasionally, we may make available through our Site, a link to a third-party website. These links will allow you to leave our Site. These third-party websites are not under our control, and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such Site. When you access third-party resources on the internet, you do so at your own risk. Our links with any third-party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.

You acknowledge and agree that Stait shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).

If you post any images and/or videos featuring any Stait Products (Post) on your social media pages (including Instagram, Facebook and/or TikTok) and tag @my.stait, you hereby:

• •grant Stait a royalty free, perpetual, worldwide right and licence to (and to authorise others on our behalf to) share and repost the Post on our social media pages and use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute and display such Posts in any media and by any means for our promotional purposes from time to time;
• •consent to Stait using and publishing (and authorising others to use and publish) for the above purposes your name, image, likeness or anything else that identifies you which is contained in the Post; and
• •warrant that you have obtained all necessary licences, consents and approvals in relation to the Post (including intellectual property licences and in relation to the use of the name, image, likeness or anything else that identifies any other person included in the Post) to permit us to deal with the Post in the manner described above.

If you decide that you no longer wish for us to use a Post, you are required to contact us as soon as possible. We may, in our absolute discretion, remove the content if possible to do so.

Interpretation In these Website Terms of Use, the following rules of interpretation apply:

• •headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• •these Website Terms of Use may not be construed adversely against Stait solely because Stait prepared them;
• •the singular includes the plural and vice-versa;
• •a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• •the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications Stait may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Stait's prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

Stait may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

Relationship The parties acknowledge and agree that nothing in these Terms will constitute one party the partner of, employee of, agent of, or joint venturer with, the other and that, other than as expressly provided for in these Terms, no party will have the right to bind the other without the other's prior written consent.

Third Party Rights The agreement is between you and us and no other person shall have any rights to enforce any of its terms.

No waiver Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Stait to act with respect to a breach by you or others does not waive Stait's right to act with respect to that breach or any subsequent or similar breaches.

Severability The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation Stait reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.

You may only vary or amend these Website Terms of Use by written agreement with Stait.

Entire Agreement These Website Terms and Conditions of Use together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Services.

Governing law and jurisdiction These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Contact us Any questions about our Site or our Services, should be sent to us at: stait@mystait.com or via the details as referenced on our Contact Us page on our Site.

• •YOU MUST NOT:
• •use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
• •engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• •use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• •use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• •use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
• •use this Site by any automated means;
• •use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• •access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• •interfere with the display of any advertisements appearing on or in connection with this Site;
• •reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
• •reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
• •falsely imply that any other website is associated with this Site;
• •do anything that leads, or may lead, to a decrease in the value of Stait's intellectual property rights in this Site;
• •use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
• •release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Stait without Stait's prior written consent; or
• •use this Site to transmit any information or material that is, or may reasonably be considered to be:
• •abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
• •libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• •infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• •in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• •in breach of any person's privacy or publicity rights;
• •a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• •in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• •containing any political campaigning material, advertisements or solicitations; or
• •likely to bring Stait or any of its staff into disrepute.