Vitaco Health – Privacy Policy, Terms, Shipping, Refunds & Returns

Vitaco Health Australia Pty Ltd provides the following Privacy Policy and terms of use to outline how we handle personal information.

Vitaco Online Shopping Terms of Use

You may purchase products (Products) from Vitaco Health Australia Pty Limited (Vitaco, we, us, our) through our website (Website) on the basis of the following terms (Terms):

How do I create an account?

• You may register on the Website and purchase Products from us if you have an active email account or a telephone number at which you can be contacted and have a PayPal account or credit card.
• When you register, you need to provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current. Our Privacy Policy applies to the collection of your personal information.
• By using the Website and its associated functionality, you consent to us sending you direct marketing communications to the email address you provide. You can unsubscribe from these emails at any time.
• By checking the SMS box and entering your phone number, you consent to receive marketing text messages (such as [promotion codes] and [cart reminders]) from us at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages.

Information about Products

• Due to photographic and screen limitations in how we can show our Products on the Website, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
• We recommend that you always read the Product labels and follow the directions on how to use and dosage on our Website and prior to consumption or use, or as directed by your healthcare professional.
• If symptoms persist, or if you need medical advice related to our Products, contact your healthcare professional.
• If you have any questions related to our Products, our team of experienced Naturopaths and Nutritionist would love to hear from you. Please call:

Naturopathic & Nutrition Team:

Free Phone (AU) 1800 888 964

Free Phone (NZ) 0800 268 872

How do I purchase Musashi Products?

• At present we do not offer for sale via our website any Products for delivery outside of Australia or New Zealand.
• You may order Products from us by creating an account, selecting the Products you wish to purchase and adding the Products to your online shopping cart, then clicking on checkout to proceed with your purchase.

Prices of Musashi Products

• The prices of Products, and any delivery or other charges, shown are in Australian dollars, inclusive of GST. We have included a converter on this site that can be used to convert from AU to NZ currency.
• All NZ orders will be processed in $AUD. GST will not be charged on purchases from NZ.
• Prices shown are for online purchases only directly from Vitaco Websites. Prices for Product may differ from other third party online and physical store retailers and resellers. We do not price match.
• We reserve the right to limit sales, including the right to prohibit sales to re-sellers.
• While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Website and to the Products described in such information, at any time without notice.

Coupon Codes

• Coupon codes may be discontinued at any time.
• Coupon codes cannot be combined with any other offers or discounts including price matching of any other retailer nor applied to previous purchases. Coupon codes may not be combined with any other offers unless explicitly noted.

Mobile Terms of Service

The Vitaco mobile message service (the “Service”) is operated by Vitaco (“Musashi”, “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 Musashi’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Musashi 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 Musashi. 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 Musashi 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 Musashi 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 Musashi or email team@musashi.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 honoring 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.

Musashi United Members

• The lifetime Musashi United 20% discount is applied only when you are signed in as a Musashi United member.

Shipping Rates

• We will use every effort to get your order to you as quickly as possible at the Shipping rates shown when you click on the shopping cart and as follows (which are subject to change):

Australia & New Zealand Shipping Rates

• $9.90 flat rate shipping for orders in Australia.
• $15.00 flat rate shipping for orders in NZ. All NZ orders will be processed in $AUD.

Payment

• You must pay for all online purchases at the time of online checkout prior to order confirmation in accordance with one of the payment methods offered on the Website. We offer the following payment methods:
• Paypal (Visa, Mastercard)
• PayPal allows you to make secure purchases without revealing your credit card number or financial information. Not only does PayPal help keep this information private, but it also guarantees 100% protection against unauthorized payments sent from your account. PayPal terms and conditions apply to your purchase: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU
• Credit Card via eway® (Visa, Mastercard and AmEx). Eway terms and conditions apply to your purchase: https://www.eway.com.au/docs/eWAY-Terms-and-Conditions-AU.pdf

Delivery

Reliable Delivery Service

• We use Australia Post and Star Track to ship to all Australian and New Zealand customers. We may use an alternative courier company if deemed necessary.
• We endeavour to ensure all orders received by 1:00pm (EST) are despatched same day.
• We endeavour to ensure all other orders are despatched next business day.

Tracking your delivery

• Once despatched, the courier company will notify you via email and/or SMS and provide consignment tracking information.
• Progress of your delivery can be tracked via the courier’s website.

Time of delivery

• All orders are despatched from Derrimut, Victoria, AUS.
• You will be notified via email and/or SMS once your Products have been dispatched.
• Please check your provided courier consignment tracking for consignment updates and estimated delivery times.
• Please contact us at customerservice@vitaco.com.au if you require any assistance with courier tracking, delays, or other delivery issues.
• We do not accept liability for delays in delivering Products which is beyond our reasonable control (for example, but not limited to, if stock is unavailable, there are issues with our delivery providers or if there is an adverse weather event).

Place of delivery

• Products will be delivered to the address you provide in your order.
• You must ensure that either someone is present to accept delivery or there is somewhere accessible, secure and safe to leave your order.
• Our couriers require a signature to leave your delivery, so someone needs to be at the delivery address to accept and sign for delivery so you may wish to consider providing us with your work address for delivery if you won’t be home during business hours. Alternatively, you can change your delivery status to “no signature required” in both the delivery comments field when placing an order, or with the Australia Post consignment tracking page.
• Deliveries are made Monday-Friday. Our couriers do not make weekend deliveries.

Warranties and liability

• All Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund if the Products are faulty.
• All other warranties and representations are excluded, except those which are non-excludable in law, including the Australian Consumer Law.
• To assist us in resolving any problems you may experience, please inspect the Products upon delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it – see Refunds & Returns below for further information.

Cancellation by Vitaco

• We may cancel any order (in full or part) where:
• you are in breach of your payment obligations;
• we reasonably suspect that you are purchasing Products for the purposes of resale or resupply and that has not been agreed to by us;
• we become aware after order confirmation that the Products are out of stock;
• there has been a genuine pricing or Product description error;
• where Products are subject to a product withdrawal or recall;
• where the transaction is suspected of being the subject of credit card or payment-related fraud. We will refund any amount already paid in respect of any cancelled order. In the case of part cancellation of an order, a refund will be provided on the amount paid that relates to the cancelled portion of the order.

Cancellation by customer

• It is your responsibility to ensure that your order is correct before finalising and making payment.
• You may be able to cancel an order if you advise us prior to your order being picked/shipped. To enquire about cancelling an order, please email us at customerservice@vitaco.com.au
• We cannot be held liable if we are unable to complete your cancellation request after payment has been made and order released.

Refunds & Returns

• All product or delivery complaints, replacement or return requests and other claims should be emailed to customerservice@vitaco.com.au.

• For general enquiries call:

(AU) 1300 360 077

(NZ) 0800 268 872

• We will request the following information to assist us with the assessment of any product or order claim:

• Order number
• Best customer contact details
• Product – Full name / size
• Product – Batch number
• Product – Expiry date
• Issue/complaint description
• Photo of stock

Failure to provide any of this information may result in us declining your claim.

• We do not accept replacement requests or returns if you change your mind once you have purchased a Product.
• All Product claims or other replacement or refund requests must be reported within two days of delivery. Your email should include the relevant order or invoice number.
• Any Products which have a best before date by which they must be used, which are not deemed short dated at date of despatch by us, will not be accepted back for credit or exchange for reasoning of short dating.
• You may not return Products without the authorisation of a Customer Service Representative. All claims are subject to investigation by appropriate persons before approval may be provided. If authorisation is given, Products returned must be received unopened, in new and unused condition with undamaged packaging, and be returned as soon as possible. Please be careful when inspecting your Products.
• We will inspect all Products returned to us. If you are entitled to a refund then we will refund the price of your item (including the cost of delivery). Returns are usually processed within 7 working days of receipt of a cancelled order, and at the latest within 30 days of receipt. We will refund the original credit card/ PayPal account used to purchase the item.

Privacy Policy

Our privacy commitment to you

Vitaco Health Australia Pty Limited and Vitaco Health (NZ) Limited (Vitaco, we or us) are committed to protecting your privacy and personal information.

As we operate in, and have offices in both Australia and New Zealand, this Privacy Policy outlines how we collect, store, use and disclose personal information and the steps we take to comply with Australian and New Zealand privacy laws (Privacy Laws).

This Privacy Policy covers the following topics:

• What kind of personal information do we collect?
• How do we collect your personal information?
• How do we use cookies?
• What do we use your personal information for?
• Who do we disclose your personal information to?
• How do we protect your personal information?
• How can you access and update your personal information?
• How do we handle enquiries and complaints?
• Changes to this Privacy Policy.

By:

• using any of our websites
• purchasing Products from any of our websites
• taking part in any of our promotional or marketing campaigns
• applying for employment with us; or
• or visiting our premises,

you consent to the collection and use of your personal information as set out below.

If you find any links to other websites on any of our websites, this Privacy Policy does not apply to them.  Always check the privacy policy of any website you access.

We may also provide you with separate privacy notices when we collect your personal information which may outline additional uses and disclosures not detailed in this Privacy Policy. If there is any inconsistency between these separate privacy notices and this Privacy Policy, you should rely on the information in those notices.

What kind of personal information do we collect?

The kinds of personal information we collect vary depending on our interaction with you and may include:

• Your name, address, telephone number, email address, residential address, shipping address, and where we are dealing with you on a business-to-business basis, your ABN, NZBN, trading name, delivery address and vehicle registration details if you visit one of our premises
• Details about your orders from us and product preferences
• Digital information, such as cookies, pixels, software versions used, device identifiers (like IP address), location data (where available and not disabled by you), dates, times, file metadata, referring website, data entered, and your user activity such as links clicked, adding items to a shopping cart, and making purchases
• Financial information including credit card details
• Where you apply for employment with us, your CV and pre-employment history, contact and emergency details, and other similar information
• Information that you voluntarily provide to us through your responses to competitions, promotions, surveys, feedback and enquiries.

Sensitive Information

Some personal information we may collect from you is ‘sensitive information’. The collection of such sensitive information will depend on the nature of our interaction with you, but may include information which we require for the purpose of providing advice to you. This might include information about your age, health, diet, lifestyle and if needed, your medical background.

You may decide not to provide us with your personal information we ask for. However if you do so, or if you provide us with personal information that is inaccurate or incomplete, we may not be able to respond adequately to your enquiries or provide you with the products or services you require.

How do we collect your personal information?

We collect most personal information directly from you. We may collect personal information when:

• you purchase any products from us online
• you use Naturopathic & Nutrition Team hotline
• you contact our Customer Service representative
• you communicate and interact with us, including in person, by email, by letter, telephone, online or via social media, when you apply for employment, or participate in any of our marketing or promotional campaigns
• you visit one of our premises.

Other ways we may collect personal information from you:

• We may also collect personal information from third parties, such as from nominated referees during job applications, or through competitions or promotions operated in conjunction with Vitaco by one of our partners
• If you contact us by the hotline or our Customer Service phone number your personal information may be collected by us as a recorded voice message if our Naturopaths, Nutritionists or Customer Service team are temporarily unavailable to answer a call and you choose to leave a voice message
• If you visit one of our premises, we may also collect personal information about you on CCTV as part of our security and crime prevention measures. We may also collect your name and contact details and, where applicable, your vehicle registration through our visitor registration system VisitorRego, for security and health and safety purposes, and your visiting history to our premises, and to provide facilities such as Wi-Fi.  This information, including CCTV footage may constitute ‘personal information’ as defined in the Privacy Laws.

How do We Use Cookies?

We may use “cookies” which enable us to monitor traffic patterns on our websites and to serve you more efficiently if you revisit our websites. A cookie does not identify you personally but it does identify your computer or device. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

• Third party vendors, including Google, show our ads on sites on the internet and use cookies to serve ads based on a user’s prior visits to a website
• You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page
• We use cookies for the purposes of conducting re-marketing campaigns. Google’s Display Network use the DoubleClick Cookie
• Our cookies typically expire after 30 days. After the expiry date, your browser will delete the cookie (depending on browser used and your browser settings). You can manually delete cookies in your browser anytime.

What do we use your personal information for?

The main purpose for collecting your personal information is to enable us to operate our business, assess your employment application, provide our products and services to you, and to comply with the law.

We may use and share your personal information for these purposes, including in order to:

• Charge you for products we provide to you
• Communicate with you
• Let you know about promotions, competitions, products and services which we think you may be interested in
• Deal with enquiries, feedback, complaints and requests about our products or services
• Manage and improve our products and services and other relationships and arrangements
• Provide advice to you regarding our products from naturopaths and nutritionists
• Undertake product recalls
• Monitor our sales of products and for quality control purposes, including undertaking customer surveys and analysis, or seeking feedback from you
• Develop new products
• Undertake contact tracing in relation to the Covid-19 outbreak (if you attend our premises)
• Undertake recruitment and staffing functions
• Meet our legal obligations
• Undertake any other purpose disclosed to you at the time the relevant personal information is collected and for purposes directly related to any of the above.

We may use CCTV footage specifically for the following purposes:

• Detecting and deterring criminal behaviour on our premises
• Monitoring the safety and security of our staff and our premises, and completing incident investigations.

If you do not wish to receive information about promotions or activities we think you may be interested in, you can opt-out by contacting us on the details below, or by using the unsubscribe function in emails.

Who do we disclose your personal information to?

We may disclose your personal information for the purposes listed above to third parties that include the following:

• Our related entities, such as Vitaco offices located in New Zealand or Australia
• Other companies or individuals who assist us in supplying our products and services or who perform functions on our behalf, such as delivery contractors, couriers, credit card processors, mailing houses, advertising and media agencies and technology hosting providers
• Other persons that we need to deal with in connection with employment and engagement of staff (such as insurers, next-of-kin, referees) where required or authorised by law to do so and to anyone else whom you authorise us to disclose it.

Otherwise, we will only disclose your personal information without your consent if doing so is:

• To assist with any request from WorkSafe, the Ministry of Health or a District Health Board in New Zealand or any Commonwealth, State or Territory health authority in Australia in relation to contact tracing for Covid-19
• Necessary to protect or enforce our legal rights or interests, or to defend any claims made against us by any person (including you)
• Necessary in order to report a data breach, cyber incident or for cyber security purposes (including to prevent unauthorised access to, or attacks on, our systems)
• Necessary to lessen a serious threat to a person’s health or safety.

Unless otherwise disclosed to you in a separate privacy notice, the only overseas disclosures of personal information Vitaco makes is between our offices in New Zealand and Australia which assist us with the following functions:

• Storage of personal information of past, current and prospective employees
• Staffing of the Naturopathic & Nutrition Team and Customer Service hotlines and customer complaints and enquiries handling.

How do we protect your personal information?

We securely store your personal information in different ways, including in hard copy and electronic form.  Generally, personal information is maintained on a secure database and in hard copy files located in New Zealand and Australia. We take such steps as are reasonable in the circumstances to protect your personal information from risks such as misuse, interference and loss, and from unauthorised access, modification or disclosure including:

• Training and reminding our staff of their obligations with regards to your personal information
• Using software on a number of our websites which encrypts information (where a lock symbol appears on the browser window)
• Utilising passwords, firewalls and virus scanning tools, and protection in buildings where personal information is stored, to prevent against unauthorised access to our systems
• Restricting staff and authorised contractors that have access to the databases that store personal information to those on a “need to know” basis
• If we no longer require your personal information, taking reasonable steps to destroy or de-identify it.

CCTV footage will usually be retained for a period of 60 days, after which time it will be overwritten.

Site visitor logs and personal information collected for the purposes of COVID-19 contact tracing using the VisitorRego system will be retained for a period of 60 days, after which time they will be deleted.

How can you access and update your personal information?

• We seek to ensure that all personal information collected and stored in our files and database systems is correct and accurate
• You have the right under applicable Privacy Laws at any time to request access to, to update or correct, the personal information we hold by contacting us as set out below. We may require you to verify your identity so that we can ensure your personal information is disclosed only to you
• We will respond to your request within 30 days.

How we handle enquiries and complaints

For any privacy enquiries, issues or concerns, or if you believe that we have not complied with the Privacy Laws contact us in writing:

By mail:
Privacy Officer
Vitaco Health Australia Pty Limited
Level 3, 68 Waterloo Road
North Ryde NSW 2113

Email: privacy@vitaco.com.au

We will investigate any complaint and will respond to you as soon as is practicable after we receive your complaint.

If you do not agree with the way we have handled your complaint you can refer your complaint:

In Australia to:

Office of the Australian Information Commissioner

Website: www.oaic.gov.au

Phone:  1300 363 992

In New Zealand to:

New Zealand Privacy Commissioner

www.privacy.org.nz

Phone:  0800 803 909

Changes to this Privacy Policy

We may update this policy from time to time. We will let you know of significant changes to this policy by posting a notification on our websites.

This version was last updated in December 2020.