General Terms and Conditions of Sale

RETAIL

A. General

  1. These conditions apply to every sale made by Metagenics to the customer, and no variation or abrogation will be effective unless evidenced in an authorised writing signed on behalf of Metagenics.
  2. An account may only be opened if there is a bona fide retail shop front.
  3. Metagenics reserves the right not to accept an order, to change credit limit, decline credit, and close an account if any terms and conditions are breached.

B. Payment

  1. Customers approved a 30 day account will pay all invoices within 30 days on the end of the month of delivery of goods.
  2. If payment is not made by the due date, the customer agrees to accept a charge for interest at the rate of 1.5% per month (18% per annum) calculated on the daily outstanding balance.
  3. Cash Account customer orders must be paid for within 5 working days, otherwise they will be cancelled.

C. Title and Risk

  1. Title in the goods remains with the vendor, and does not pass to the customer until Metagenics has been paid in full, in cleared funds.
  2. Risk in the goods passes to the customer on delivery.

D. Ordering and Dispatch

Our order department is open to receive orders between 8:00 a.m. and 5:15 p.m. Monday to Friday. Every reasonable attempt will be made to dispatch orders received prior to 2:00 p.m. on the day of receipt of order. Orders received after 2:00 p.m. will be dispatched the following business day.

E. Credits and Returns

No credit will be processed for returned goods unless: the goods were supplied in error; or the goods were damaged in transit; and a request for credit is to be lodged within 24 hours of receipt, and the returned goods are to be accompanied by an approved Return Authority Number and signed return assessment form issued by Metagenics.

F. Marketing Material

The customer authorises Metagenics to send marketing material relevant to our business periodically.

Privacy Disclosure Statement

Notice of disclosure of your credit information to a credit reporting agency (Privacy Act 1988).

Metagenics may give information about you to a credit reporting agency for the following purposes:

  • To obtain a consumer credit report about you, and/or
  • Allow the credit reporting agency to create or maintain a credit information file containing information about you.

This information is limited to:

  • Identity particulars – personal information.
  • Your application for credit or commercial credit - the fact that you have applied for credit and the amount.
  • The fact that Metagenics is a current credit provider to you.
  • Account repayments which are overdue by more than 60 days, and for which debt collection action has started.
  • Advice that loan repayments are no longer overdue in respect of any default that has been listed.
  • Information that, in the opinion of Metagenics you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations).
  • Dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once.

Period to which this understanding applies:

This information may be given before, during or after the provision of credit to you.

PRACTITIONER Terms and Conditions of Sale

A. General

  1. These terms and conditions apply as between Metagenics (Aust) Pty Ltd (Metagenics) and a healthcare practitioner, or a clinic where healthcare practitioners carry on their business, (Practitioner Customer) in circumstances where the Practitioner Customer assists and authorises the Practitioner Customer’s patients to set up an account with and purchase practitioner-only products from Metagenics.
  2. No variation or abrogation from these terms and conditions will be effective unless evidenced in writing signed on behalf of Metagenics.
  3. Metagenics reserves the right to take any one or more of the following actions if a Practitioner Customer breaches any of these terms and conditions: refuse to accept an order placed by the Practitioner Customer’s patient or the Practitioner Customer, change the Practitioner Customer’s credit limit, decline credit to a Practitioner Customer, close a Practitioner Customer’s account and/or withhold the remittance of any moneys owed to Practitioner Customer.

B. Transaction, Title and Payment

  1. The Practitioner Customer acknowledges and agrees, in respect of the circumstances governed by these terms and conditions:
    1. that patients who acquire Metagenics products in such circumstances purchase products directly from Metagenics, not from the Practitioner Customer;
    2. that any payment obligation owed by the patient is owed to Metagenics, not to the Practitioner Customer; and
    3. that at no time in the course of such a transaction does Practitioner Customer acquire any rights or title in or to goods ordered by the patient.
  2. Once Metagenics has received full payment in respect of patient orders in cleared funds, Metagenics will, at the end of each month, credit the Practitioner Customer’s account with an amount that is the difference between the sale price paid for products by the Practitioner Customer’s patient and the standard price that would be paid by the Practitioner Customer to Metagenics for those products. At the end of each month the Practitioner Customer will receive a detailed account of all patient order transactions involving their patients for that month and the credits received for those transactions.

C. Practitioner Only Range

  1. Metagenics, UltraBalance, Innovative Therapies and Classic TCM are practitioner-only ranges of products that can only be:
    1. acquired by a healthcare practitioner for personal use; or
    2. supplied to a healthcare practitioner’s patients in a consultation situation or through the Metagenics Online Patient Order System under practitioner oversight.
  2. Because Metagenics, UltraBalance, Innovative Therapies and Classic TCM products are not commercially available for purchase by the general public, Practitioner Customers must ensure that no Metagenics, UltraBalance, Innovative Therapies or Classic TCM products, product information, signs, branding, trade marks or logos are to be on display in a public retail environment. All practitioner-only products are to be kept out of sight in retail environments and only promoted or supplied in the context of a personal consultation by a healthcare practitioner.

D. Warranties and Acknowledgements

  1. By using Metagenics’s Metagenics Online Patient Order System to recommend, authorise and assist patients to purchase Metagenics products, and/or by continuing to transact with Metagenics, Practitioner Customer warrants that:
    1. it has read and understood these terms and conditions;
    2. the information it provides to Metagenics about itself and its business is current and correct;
    3. the information it provides to Metagenics about any patient of the Practitioner Customer is current and correct and the Practitioner Customer has obtained all required consents and complied with all legal obligations, including under relevant privacy laws, in relation to the disclosure of such information to Metagenics, including but not limited to having obtained the patient’s consent to the collection and disclosure to Metagenics of any personal information of the patient; and
    4. it will comply with all of these terms and conditions and all applicable laws, regulations and industry codes of practice and any reasonable instructions regarding Metagenics products as may lawfully be given by Metagenics from time to time.
  2. When using Metagenics’s Metagenics Online Patient Order System to recommend, authorise and assist patients to purchase Metagenics products, and/or by continuing to transact with Metagenics, Practitioner Customer understands and acknowledges that the Practitioner Customer may nominate, on Metagenics’s behalf, the pricing at which those products are made available by Metagenics to the Practitioner Customer’s patients. The Practitioner Customer may, at their discretion, offer a discount to their patients by reference to a pre-set series of discounts offered on Metagenics Online Patient Order System. For the avoidance of doubt, the Recommended Retail Prices (RRPs) specified on Metagenics’s Metagenics Online Patient Order System are recommendations only and, Practitioner Customer is free to nominate alternative prices at its discretion in accordance with the Metagenics Online Patient Order System discount options. For the further avoidance of doubt, the use of Metagenics Online Patient Order System is not intended to restrict or influence in any way, the terms of the Practitioner Customer’s direct supply of Metagenics’s products to its patients (that is, other than by use of the Metagenics Online Patient Order System or the order form), which are at the discretion of the Practitioner Customer.
  3. Legislation, including the Competition and Consumer Act 2010 (Cth), may imply certain warranties and conditions, where the exclusion of such conditions or warranties from an agreement would contravene a statute or cause part or all of the agreement to be void ("Non-excludable Conditions"). Nothing in these terms and conditions excludes any such Non-excludable Conditions.
  4. Unless specified otherwise, and to the extent permitted by law, Metagenics makes no express or implied warranties or representations to Practitioner Customer and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for purpose, title and non-infringement.
  1. To the extent permitted by law:
    1. Metagenics’s liability for breach of any Non-excludable Condition will be limited at Metagenics’s option to the supply of the product again or payment of the cost of supplying the product again.
    2. In any event, Metagenics’s liability to Practitioner Customer for any loss or damage shall not exceed the total amount Metagenics actually received from the Practitioner Customer’s patient for the product which gave rise to the loss or damage.
    3. Metagenics will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if Metagenics has been advised of the possibility of such loss or damage.
  2. Practitioner Customer agrees that Metagenics’s liability to it at law will be reduced by the extent to which it contributed to any loss it has incurred.

E. No Waiver

  1. Any failure by Metagenics to insist upon Practitioner Customer’s performance of any of these terms and conditions shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any of these terms and conditions be taken or held to be a waiver of future breaches of these terms and conditions. No failure to exercise and no delay by Metagenics in exercising any right, remedy, power or privilege under these terms and conditions and no course of dealing, shall be construed or operate as a waiver of these terms and conditions.

F. Claims/Returns Policy

  1. Strict quality control procedures are in place to ensure the accuracy of all Metagenics Limited orders. All returns must include a completed Return Assessment Form supplied by a Metagenics Limited customer service representative. Claims for credit will only be authorised if notification is received within 24 hours of receipt of goods.

    RETURNS NOT FOLLOWING THE ABOVE PROCEDURE WILL NOT BE ACCEPTED.

Metagenics's Copyright Policy & Disclaimer

1. Introduction

This website is owned and operated by Metagenics (Aust) Pty Ltd.

At Metagenics (Aust) Pty Ltd (hereinafter referred to as “Metagenics”) your privacy is important to us. We are committed to ensuring that personal information and credit information we hold about you is held securely and that your privacy is protected. We collect and use personal information only to the extent permitted by law, particularly the Privacy Act 1988 (Australia) and the Privacy Act 1993 (NZ) (Privacy Acts), which Metagenics is subject to.

This policy explains how we handle personal information that we hold about you. It details the types of personal information we collect, how we may use that information and who we allow to access it. In addition to this policy we will on occasion provide you with specific privacy statements about how we use particular information that we collect from you.

Your use of our website(s) or our services, your purchase of our products or your continual engagement with Metagenics signifies implied agreement to this Privacy and Credit Reporting Policy. Please note that our website(s) may contain hyperlinks to third party websites that are not managed by us, and are therefore not subject to this Privacy and Credit Reporting Policy.

2. Personal Information

'Personal information' referred to in this Privacy Policy consists of any:

  • information about an identifiable individual; or
  • information or opinion that will enable your identity to be reasonably ascertained.

Personal information can include your name and contact details such as your residential or postal address, email address, date of birth or your telephone number.

Information which cannot be reasonably linked to your identity (e.g. IP address, browser information, favourite websites or the number of users of a website) does not constitute personal information and is not regulated by the Privacy Acts.

Metagenics collects and stores personal information about its customers, medical and allied healthcare professionals and members of the public. The personal information collected may vary depending on your particular interaction with Metagenics but will be limited to the information necessary to record and manage our interaction with you or as permitted or required by law.

The personal information that Metagenics collects is primarily related to our products and services. By providing your personal information to us and/or by continuing to engage with Metagenics, you consent to your personal information being collected, stored, used and disclosed in accordance with this Privacy and Credit Reporting Policy.

If we provide you (or an entity related to you) with credit, we may also collect and hold credit information and credit eligibility information about you. Without limitation, this may include credit reports, identification information, consumer credit liability information, details of amounts payable to us and the terms of the relevant credit, and information relating to payments made, default information and payment information.

3. Collection of information

Metagenics may collect personal information (including credit information and credit eligibility information) about healthcare professionals (e.g. naturopaths, pharmacists etc.), customers or members of the public:

  • when an order is placed for our products;
  • when you open a customer account with us;
  • in the course of responding to enquiries;
  • during consultations with Metagenics staff who are qualified naturopaths or meetings with our company representatives;
  • from adverse event reports; and
  • from Metagenics-sponsored programs (e.g. trade events, retail events, membership programs, competitions or promotions, clinical trials, expert panels, educational seminars and disease management programs).

Metagenics may collect personal information about prospective employees during the recruitment process to assess whether an applicant is suitable for a role with us. If you are not ultimately successful in securing employment with Metagenics, your personal information collected during the recruitment process will be handled in accordance with this Privacy and Credit Reporting Policy.

Occasionally, we may also collect personal information about you from third parties. For example, we may collect personal information about you from an entity related to you or credit eligibility information about you from Credit Reporting Bodies (CRBs) (which, for New Zealand customers, are defined as Credit Reporters in the Credit Reporting Privacy Code 2004) if we provide you (or an entity related to you) with credit.

Personal information may be collected from you in person, through websites operated by Metagenics (for example, through online forms, questionnaires or enquiries), by letter, facsimile, email or through telephone enquiries.

Personal information that may be collected about you includes:

  • your name and contact details (eg. address, email, telephone number, business and professional details (if applicable) etc.);
  • the nature of your enquiry; and
  • other details about you that might be relevant, such as your age, gender, diet, lifestyle, medical history and medical condition or medical treatment.

If you contact us by telephone, this information may be collected by Metagenics as a recorded voice message where our staff are temporarily unavailable to answer a call and you choose to leave a voice message.

We will only collect personal information that you provide us and you are entirely free to decide whether or not to supply this information. However, you acknowledge and agree that if you do not provide sufficient or adequate information, Metagenics may not be able to provide you with its full range of products and services or may not be able to fully assist you with your enquiry.

You should be aware that your use of our website(s) does not reveal your identity, unless you have chosen to register and log into our website.

Each time you visit our website, our web servers automatically save the name of your browser and operating system, your IP address, the website from which you accessed our website, the webpages you visit while with us and the date and time you spend on our website. Metagenics's servers save this information for security purposes. We may also evaluate anonymous or de-identified data sets for statistical purposes, for example to aggregate user activity, which may be used by Metagenics to provide insight on the usage of its website.

4. Use of information

Metagenics will use personal information for the primary purposes for which it is collected or for other related purposes as permitted by law including but not limited to the following purposes, where applicable:

  • to manage your product order(s);
  • if we are providing you (or an entity related to you) with credit, to assess your creditworthiness (or the creditworthiness of your related entity which is receiving the credit);
  • to maintain a record of medical enquiries, product complaints and adverse events and to comply with our reporting obligations to relevant regulatory authorities such as the Therapeutic Goods Administration or the Natural Health and Supplementary Products Authority. This information will also be used to monitor, assess and improve our products and services;
  • to provide you with clinical services;
  • to provide further information regarding our products or services (including advice) that you have requested;
  • to provide you with material on our activities and products or that may be of interest to you, which you are entitled to opt out of receiving at any time;
  • to administer trade events, retail events, membership programs, competitions, promotions, clinical trials, conferences, expert panels, educational seminars, disease awareness or management programs or other programs organised or sponsored by us, which you agree to be involved with;
  • to notify you of matters that we are required by law to notify you of (e.g. product recalls);
  • to monitor and prepare reports regarding the quality, safety and efficacy of our products;
  • to review our compliance with relevant regulations and codes of conduct;
  • to obtain feedback and customer satisfaction information to assist Metagenics in improving its products and service offerings;
  • for our internal management purposes, to manage our relationship with you and to manage the payment and recovery of amounts payable to us by you;
  • to statistically analyse the distribution of our products (e.g. we might compile personal information in order to determine the percentage of users that live in a particular geographic area); and
  • to generate customer lists for the purposes of market research.

Depending on the purposes for which your personal information is collected, Metagenics may disclose your personal information to:

  • its related entities outside of Australia and New Zealand including in the US, in which case your personal information will be collected, used, disclosed, managed and stored in accordance with this Privacy and Credit Reporting Policy;
  • if we are providing you (or an entity related to you) with credit, CRBs, trade insurers and businesses assisting us with providing credit;
  • if you have provided us with referees to assist with a credit application, a job application or the assessment of a potential contract between you and us, the referees you have provided;
  • service providers that provide financial, legal, administrative or other services in connection with the operation of our business, for example mailing houses, software developers, IT maintenance providers and solicitors within or outside of Australia and New Zealand (our service providers are mainly located in Australia and Singapore). However from time to time we may need to engage a service provider in a country not identified here;
  • regulatory authorities, within or outside of Australia and New Zealand; and
  • other entities as permitted or required by law.

The CRBs we may deal with include Dun and Bradstreet (http://dnb.com.au/ or http://dnb.co.nz/). Copies of their privacy policy dealing with how they manage credit-related personal information can be found on their websites or by contacting them via telephone.

However, notwithstanding the above, you acknowledge that by providing us with your personal information, you agree to the disclosure of your personal information to third parties operating outside of Australia and New Zealand. You acknowledge and agree that and we will not be liable to you for any breach of the Privacy Acts by these overseas third parties on the basis that you consent to such disclosure.

Our staff and service providers who handle or obtain personal information are subject to obligations of confidentiality and privacy under the Privacy Acts, other applicable privacy laws and this Privacy and Credit Reporting Policy.

You acknowledge and agree that, Metagenics may use or disclose your personal information:

  • for other purposes for which you have provided your prior consent;
  • for other purposes directly related to the purposes for which the information was collected; or
  • as required by or permitted under any law (including common law) or any direction of a Court or order of a Government authority or body.

Metagenics will only use your information, which is not personal information (such as IP addresses), for security purposes, systems administration, to enforce compliance with Metagenics’s trading terms and website usage terms to protect Metagenics’s business, brands, products, services and website(s) and/or to enforce compliance with any applicable laws.

If you fail to make a payment to Metagenics as and when due or commit a serious credit infringement, we may disclose details of such events to CRBs. A CRB may use such information in reports given to other credit providers to help assess your creditworthiness. You have certain rights to request that CRBs do not use or disclose credit reporting information about you if you believe on reasonable grounds you have been or are likely to be a victim of fraud. You should contact the CRB directly using the contact details above if you wish to request this.

If requested by us, a CRB may use credit reporting information about you to assess whether you may be eligible to receive direct marketing communications from us (i.e. pre-screening). You have the right to request CRBs not to use credit reporting information about you for this purpose. You should contact the CRB directly using the contact details above if you wish to request this.

Metagenics will use de-identified information within its business where possible.

De-identified information may be used to comply with and satisfy Metagenics's legislative and corporate reporting obligations, in which latter case the de-identified information will be sent to our related entities in the US.

5. Cookies

Cookies are small data files which are placed on your computer by web servers when you visit certain websites. Metagenics’s website(s) use cookies to allow us to identify regular visitors and collect information about your usage of our website(s) (eg. your webpage viewing preferences). This enables us to provide a better and more relevant website service to you each time you revisit specific webpages. Metagenics also utilises third-party plug-ins which may create cookies that may collect information about your visit to our website. Cookies do not collect nor store any personal information and do not personally identify users, although they do identify a user's browser. Metagenics does not have any control over, and therefore will not be responsible for, the content of the cookies created by third party plug-ins, the use made of any data collected by third party plug-ins, or the security of that data. The use of cookies derived from the third party plugins that we utilise do not collect any personal information and represents current best practice in accordance with W3C standards. Most browsers are set to accept cookies automatically. However, you can turn off the ‘Save Cookies’ function or set your browser so that it informs you whenever cookies are transmitted.

6. Session IDs

Session IDs are used to allow us to identify visitors as they browse various websites. Session IDs are essential and are created to allow you to interact with elements of our website(s), such as contact forms, and enables Metagenics to distinguish your visit to its website from other concurrent users of its website. No personal information will be collected or saved through our use of session IDs. Session IDs expire as soon as you leave our website.

7. Security

We use a variety of technical measures to ensure the security of all data, whether electronic or in physical form. The security of our systems and processes is regularly reviewed to ensure ongoing protection against damage, loss and/or unauthorised access. Your personal information and credit information are stored in secured premises or in electronic databases requiring usernames and passwords for access only by authorised staff members.

Our security precautions are regularly updated and improved in line with technical developments. Unfortunately, no data transmission over the internet or storage facility can be guaranteed to be 100% secure. Accordingly, Metagenics cannot provide absolute assurance that the information you provide to us will be secure at all times and you agree that Metagenics will not be held, and you must not hold Metagenics, responsible for unauthorised access to personal information where it has taken reasonable steps to protect and secure that information.

Please note that we may use overseas facilities to process, store or back up information. If you provide any personal information to us, you also consent to the transfer by us of your information to our overseas facilities for processing and storage using the Microsoft Azure cloud service located in Singapore. However, this does not change any of our commitments to safeguard your privacy to the standard required by the Privacy Acts.

8. Access, Correction and Deletion rights

Metagenics will endeavour to ensure that your personal information is accurate, up-to-date and complete. You are entitled to request access to and correction of your personal information held by Metagenics if you believe it to be out of date or incorrect. Simply contact Metagenics’s Privacy Officer as set out in section 12 below.

Upon your reasonable request, Metagenics will endeavour to provide you with access to or correct your personal information unless Metagenics believes that denying access or correction is required:

  • by or permitted under any law (including common law and the various exceptions within the Privacy Acts) or any direction of a Court or order of a Government authority or body; or
  • for other legal reasons.

If Metagenics refuses your request to access or correct your personal information, it will provide you with written reasons for its refusal.

If you wish to stop receiving any communications from us and have your personal information deleted, please contact Metagenics’s Privacy Officer as set out in section 12 below, and we will take all reasonable steps to delete it, unless we need to keep it for legal reasons (for a minimum period or otherwise).

In addition, if you have any concerns about how your personal information has been collected, used or disclosed, you can contact Metagenics’s Privacy Officer as set out in section 12 below and we will do our best to address your concerns to ensure that you are satisfied that there have been no breaches of privacy laws in relation to any personal information we hold about you.

Personal information that is obsolete and no longer required will automatically be destroyed except where required for data analysis purposes or where required to be retained for a minimum period in accordance with statutory requirements. If it is used for data analysis purposes, the personal information will be de-identified.

9. Making a complaint

If you have any concerns about how your personal information has been collected, used or disclosed, and you wish to make a complaint about a possible breach of privacy laws, you can contact our Privacy Officer, as set out in section 12 below.

The Privacy Officer will investigate your concerns and take any necessary steps to resolve your complaint. We may need to contact you if we need further information to investigate your complaint and will advise you of the outcome of the investigation as soon as it is completed. We will endeavour to investigate and resolve your complaint within 30 days after receiving your complaint.

If you are not satisfied with the outcome of the investigation, you can contact us again to discuss your concerns, or you may complain to the Australian Privacy Commissioner via www.oaic.gov.au or the New Zealand Privacy Commissioner via www.privacy.org.nz for New Zealand customers.

10. Hyperlinks to other Websites

Third party operators of websites which may be accessed via hyperlinks from Metagenics’s website(s) may gather and store personal information as soon as you access their websites. You acknowledge and agree that Metagenics cannot accept any liability for those third party operators in the event that your personal information is collected, used, disclosed or shared by them. We encourage you to read their privacy policies separately.

11. Amendments to Privacy and Credit Reporting Policy

Metagenics reserves the right to amend this Privacy and Credit Reporting Policy at any time. Visitors to Metagenics’s website(s), healthcare practitioners, patients and consumers of Metagenics’s products and services are responsible for carefully reading this policy on a regular basis to inform themselves of any amendments that may have been made. You acknowledge and agree that the amended Privacy and Credit Reporting Policy will apply between all relevant parties whether or not Metagenics has given you specific notice of any such change.

12. Questions?

If you have any queries relating to our Privacy and Credit Reporting Policy, or if you have a problem or complaint that you would like to discuss with Metagenics, please contact Metagenics’s Privacy Officer by telephoning Customer Service on 1800 777 648 (for Australian customers) or 0508 227 744 (for New Zealand customers), emailing privacy@metagenics.com.au or by sending a letter to the Privacy Officer, Metagenics (Aust) Pty Ltd, 741 Nudgee Road, Northgate QLD 4013, Australia.

This Privacy and Credit Reporting Policy is current as at March 2016.