Terms and Conditions
Savio Healthy Concepts Pty Ltd – Terms of Service
UPPLE® WEBSITE TERMS AND CONDITIONS OF USE UPDATED 1.7.21.
1. About the Website
(a) Welcome to www.upple.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
(b) The Website is operated by Savio Healthy Concepts Pty Ltd (ABN 86 644 261 629). Access to and use of the Website, or any of its associated Products or Services, is provided by Savio Healthy Concepts Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Savio Healthy Concepts Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Savio Healthy Concepts Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Savio Healthy Concepts Pty Ltd in the user interface.
3. Terms of sale
(a) When ordering from our site you may register as a user of the Website or as an individual order. As part of the sale process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to Savio Healthy Concepts Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration and/or order process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Savio Healthy Concepts Pty Ltd; or
(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member or individual buyer
(a) As a Member or individual buyer, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Savio Healthy Concepts Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Savio Healthy Concepts Pty Ltd providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Savio Healthy Concepts Pty Ltd for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products (‘orders’)
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Orders are processed immediately and cannot be cancelled once processed.
(b) All products shown via the services are shown in Australian Dollars. Any applicable taxes and other charges, if any, are additional.
(c) Payment of the Purchase Price may be made through Stripe (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by Stripe.
(d) Following payment of the Purchase Price being confirmed by Savio Healthy Concepts Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Savio Healthy Concepts Pty Ltd may record your purchase details for future use.
6. Standard Return/Refund Policy
(a) Savio Healthy Concepts Pty Ltd.’s Products are perishable and therefore we are not able to accept returns as products cannot be resold.
(b) If you are not totally satisfied with your Upple® purchase please contact [email protected] within three (3) days of receiving the product. We will happily review any order and provide an appropriate solution which may include an order or product replacement, a partial or full order or a credit towards a future order.
(c) You may be asked to retain the Product until the matter is resolved and provide photos of the product contents and bottle and label
(d) We guarantee delivery to the provided address and when retrieved on the guaranteed delivery date.
(e) If the delivery address entered is incorrect or later changes and is not updated, or you are unable to retrieve the Product on the guaranteed delivery date and in a timely manner we cannot, because of the perishable nature of our Product, guarantee the condition of the delivery or provide a refund.
7. Delivery
(a) You acknowledge that the Purchase Services offered by Savio Healthy Concepts Pty Ltd integrate delivery (the ‘ Delivery Services’) using third party delivery companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, Savio Healthy Concepts Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Savio Healthy Concepts Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) Savio Healthy Innovations Pty Ltd can deliver only to addresses that provide a safe, dry, and shaded delivery location. You can specify this location when placing an order. Once an order is placed, your agreement to these conditions is confirmed.
(d) You are responsible for inspecting your order from us for damage or other issues and to ensure the product has arrived in a cool condition.
(c) We recommend you immediately refrigerate your Products upon delivery to ensure maximum freshness, taste, and quality.
(d) Once delivered, the condition and consumption of the Products are solely at your risk and you are solely responsible for their proper storage, safe handling, use and consumption.
(e) If you are not at home at the time of delivery, the courier will leave your product in your specified dry, cool, and shady location.
(f) Our Products are frozen and individually packed and labelled. The products are packed inside recyclable insulated boxes which are designed to keep refrigerated goods within an optimal temperature range. Your Products should be refrigerated upon delivery.
(g) An individual who accepts the Product delivery at the specified delivery address is assumed to be authorised to accept the delivery. In the case of severe weather conditions or other conditions beyond our control (Force Majeure event) which hinders our ability to deliver your order, we will reschedule your order as soon as reasonably possible.
(h) In the event that an item is lost or damaged during the Delivery Services, Savio Healthy Concepts Pty Ltd asks that you:
(i) contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit, so we can rectify your order determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all the related products of Savio Healthy Concepts Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Savio Healthy Concepts Pty Ltd or its contributors.
(b) Savio Healthy Concepts Pty Ltd retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright of Savio Healthy Concepts Pty Ltd; or
(ii) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Savio Healthy Concepts Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
(a) Savio Healthy Concepts Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Savio Healthy Concepts Pty Ltd.’s Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that Savio Healthy Concepts Pty Ltd does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) Savio Healthy Concepts Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
(ii) Savio Healthy Concepts Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Savio Healthy Concepts Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Savio Healthy Concepts Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Savio Healthy Concepts Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Savio Healthy Concepts Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorised access to records;
(ii) the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) Savio Healthy Concepts Pty Ltd.’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Savio Healthy Concepts Pty Ltd is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Savio Healthy Concepts Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Savio Healthy Concepts Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Savio Healthy Concepts Pty Ltd, by third parties or by any of the Purchase Services offered by Savio Healthy Concepts Pty Ltd.
(d) You acknowledge that Savio Healthy Concepts Pty Ltd does not provide the Delivery Services to you and you agree that Savio Healthy Concepts Pty Ltd will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Questions and Complaints
Please contact us at:
Email: [email protected]
Phone: 0417 702 212