WHOLESALE CUSTOMER – Website Terms and Conditions

WHOLESALE CUSTOMER
Website Terms and Conditions (Update 31 October 2019)

This AGREEMENT is between Elektra Life Pty and its registered Wholesale Purchasers (Purchaser).

This WEBSITE www.elektramagnesium.com.au (Site) is operated by Elektra Life Pty Ltd, ABN
54133877693, an Australian company which manufactures and owns the brand Elektra Magnesium® (we,
our or us).
Postal address: P.O. Box 1347 Nerang QLD 4211 or
Office: 26 Goldmine Court, Advancetown QLD 4211, Australia. Ph: 61 7 55020865.
[email protected]

WHOLESALE PURCHASE AGREEMENT

1) Elektra Life Pty Ltd does not offer credit terms. Online orders can be paid for at the time of
purchase online via Visa, Mastercard, or Paypal. Alternatively, the OPTION ‘Purchase Order’ can be
selected for the purpose of direct bank deposit or cheque payment, after which an order
acknowledgement is emailed to your registered email with bank deposit details.
2) If for any reason products have been supplied and the customer’s cheque or credit card payment
is dishonoured, and the amount owing remains unpaid, the products remain the property of Elektra
Life Pty Ltd until the outstanding amount is paid.
3) Prices are subject to change without notice.
4) Minimum wholesale order value is AUD$300.
5) Orders are processed within 48 hours (2 business days) of receipt of order and payment.
Dispatch is usually via Australia Post (or Toll Express for palletised road freight). If you wish
to organise pick up from our warehouse please notify our office at the time of order.
6) Elektra Life Pty Ltd makes all reasonable efforts via website, email or flyers to advise of any
product changes or additions, price changes or other product information, however it does not take
responsibility if a customer for any reason has not received the updates.
7) Purchaser agrees to adhere to Elektra Magnesium® brand style guide in all representations and
promotions.
8) Purchaser agrees to take appropriate steps to ensure correct storage and handling of Elektra
Magnesium® products so that their consumer receives them in good condition.
9) CREDIT POLICY:
a) Elektra Life Pty Ltd must be advised of any items that are damaged or incorrectly supplied
within 48 hours of receipt of goods.
b) QUALITY GUARANTEE: Any errors made by Elektra Life Pty Ltd will be promptly rectified. In the
event of a defective or damaged product being supplied in error by Elektra Life Pty Ltd it will be
promptly replaced at its cost (photographic evidence of the received product and packaging should
be supplied in this case). The Purchaser is required to take all reasonable precautions to ensure
correct storage and handling of Elektra Magnesium® products so that the consumer receives them in
good condition, for example, storage under 30 degrees
centigrade (as per product package instructions).

c) For credits relating to Purchaser error that involve return of stock, Purchaser’s own return
freight can be arranged, or Elektra Life can invoice the cost of using its carrier if no other
arrangements are made.
d) All returned stock must be in fully saleable condition. Any damage incurred in transit back to
Elektra Life Pty Ltd is solely the responsibility of the Purchaser.

10) WEBSITE (SITE) USE

a) Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy
Policy, available on our Site (Terms and Conditions). Please read these Terms and Conditions
carefully and immediately cease using our Site if you do not agree to them.

b) Variations: We may, at any time and at our discretion, vary these Terms and Conditions by
publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you
are aware of our current terms. Materials and information on this Site (Content) are subject to
change without notice. We do not guarantee to keep our Site up-to-date at all times and we are not
liable if any Content is inaccurate or out-of-date.

c) Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide,
non-transferable licence to use our Site in accordance with these Terms and Conditions. All other
uses are prohibited without our prior written consent.

d) Prohibited conduct: You must not do or attempt to do anything that is: unlawful or prohibited
by any laws applicable to our Site; considered inappropriate; or which might bring us or our Site
into disrepute, including (without limitation):
(i) Anything that would constitute a breach of an individual’s privacy (including uploading private
or personal information without an individual’s consent) or any other legal rights;
(ii) Using our Site to defame, harass, threaten, menace or offend any person;
(iii) Interfering with any user using our Site;
(iv) Tampering with or modifying our Site, knowingly transmitting viruses or other disabling
features, or damaging or interfering with our Site, including (without limitation) using trojan
horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(v) Using our Site to send unsolicited email messages; or
(vi) Facilitating or assisting a third party to do any of the above acts.

e) Exclusion of competitors: You are prohibited from using our Site, including the Content, in any
way that competes with our business.

f) Information: The Content is not comprehensive and is for general information purposes only. It
is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the
Content, we make no representation or warranty in relation to it, to the maximum extent permitted
by law.

While the information and material contained on the Site is believed to be accurate and current, it
is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees,
contractors and agents accept no responsibility for and make no

representations or warranties to you or to any other person as to the reliability, accuracy or
completeness of the information contained on the Site.

Any information or recommendation contained on the Site is general only and does not constitute
medical, health wellness or nutritional advice. You acknowledge that it is not reasonable for you
in the circumstances to have, and you are not relying on the information on the Site in deciding to
purchase the products and will be relying on your own enquiries and advice in deciding whether the
products are right for you. We accept no responsibility and will not be liable for any harm, loss
and/or damage that you or any third party may suffer, directly or indirectly, as a result of any
advice, information or recommendation contained on the Site being inaccurate, incomplete,
unsuitable or incorrect.

We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability
for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a
result of a product listed on the Site being unsafe, unsuitable for you or them or unfit for your
or their purposes and/or use, because of your or their particular circumstances or condition,
and/or the products not providing an expected therapeutic or otherwise desired or beneficial
effect, improvement or enhancement in physical performance or appearance, even if you disclosed
that purpose to us before purchasing the product, as you acknowledge that you are not relying on
our skill or judgement of the product in that regard.

g) Intellectual Property rights: We own or licence all rights, title and interest (including
intellectual property rights) in our Site and all of the Content. Your use of our Site and your use
of and access to any Content does not grant or transfer to you any rights, title or interest in
relation to our Site or the Content. You must not without written permission:

(i) Copy or use, in whole or in part, any Content;
(ii) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any
Content to any third party; or
(iii) Breach any intellectual property rights connected with our Site or the Content, including
(without limitation) altering or modifying any of the Content, causing any of the Content to be
framed or embedded in another website or platform, or creating derivative works from the Content.

h) User Content: You may be permitted to post, upload, publish, submit or transmit relevant
information and content (User Content) on our Site. By making available any User Content on or
through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable,
royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify,
distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit,
stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our
Site.

You agree that you are solely responsible for all User Content that you make available on or
through our Site. You represent and warrant that:

(i) You are either the sole and exclusive owner of all User Content or you have all rights,
licences, consents and releases that are necessary to grant to us the rights in such User

Content (as contemplated by these Terms); and
(ii) Neither the User Content nor the posting, uploading, publication, submission or transmission
of the User Content or our use of the User Content on, through or by means of our Site will
infringe, misappropriate or violate a third party’s intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time
(at our sole discretion), remove any User Content.

i) Third party sites: Our Site may contain links to websites operated by third parties. Unless
expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the
content on those websites. You should make your own investigations with respect to the suitability
of those websites.

j) Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole
or in part. We may also exclude any person from using our Site, at any time and at our sole
discretion. We are not responsible for any Liability you may suffer arising from or in connection
with any such discontinuance or exclusion.

k) Warranties and disclaimers: To the maximum extent permitted by law, we make no representations
or warranties about our Site or the Content, including (without limitation) that:

(i) They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(ii) Access will be uninterrupted, error-free or free of viruses; or
(iii) Our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

l) Limitation of liability: To the maximum extent permitted by law, we are not responsible for
any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present,
unascertained, future or contingent (Liability) suffered by you or any third party, arising from or
in connection with your use of our Site and/or the Content and/or any inaccessibility of,
interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that
the Content is incorrect, incomplete or out-of- date.

m) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless,
against any Liability suffered or incurred by us arising from or in connection with your use of our
Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing
obligation, independent from the other obligations under these Terms, and continues after these
Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of
indemnity under these Terms.

n) Termination: These Terms are effective until terminated by us, which we may do at any time and
without notice to you. In the event of termination, all restrictions imposed on you by these Terms
and limitations of liability set out in these Terms will survive.

o) Disputes: In the event of any dispute arising from, or in connection with, these Terms
(Dispute), the party claiming there is a Dispute must give written notice to the other party
setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving
the notice, the parties must, by their senior executives or senior managers (who have the authority
to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute
in good faith. All aspects of every such conference, except the fact of the occurrence of the
conference, will be privileged.

If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved
in the Dispute may (by written notice to the other Parties) submit the Dispute to mediation
administered by the Australian Commercial Disputes Centre (ACDC), with such mediation to be
conducted:
(i) In good faith;
(ii) In New South Wales; and
(iii) In accordance with the ACDC Mediation Guidelines.
The costs of mediation are to be split between the relevant Parties, provided that each Party will
bear its own costs in relation to the mediation.

If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or
such other period as agreed in writing between the Parties, the Dispute may be referred by any
Party involved in the Dispute (by written notice to the other Parties) to litigation.

If the parties do not resolve the Dispute, within 21 days after receipt of the notice, the Dispute
may be referred by either party (by notice in writing to the other party) to litigation.

p) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or
unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid
or enforceable. If it is not possible to read down a provision (in whole or in part), that
provision (or that part of that provision) is severed from these Terms and Conditions without
affecting the validity or enforceability of the remainder of that provision or the other provisions
in these Terms and Conditions.

q) Jurisdiction: Your use of our Site and these Terms and Conditions are governed by the laws of
Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts
operating in Queensland and any courts entitled to hear appeals from those courts and waive any
right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site
complies with the laws (including intellectual property laws) of any country outside Australia. If
you access our Site from outside Australia, you do so at your own risk and are responsible for
complying with the laws of the jurisdiction where you access our
Site.

Do NOT follow this link or you will be banned from the site!
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