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.

Affiliate Terms and Conditions

“Us”, “We” or “Our” = Elektra Life Pty Ltd, herein “Elektra Magnesium”

a.b.n. 540133877693 incorporated in Australia 24 October 2008

By signing up to be an Affiliate in the Elektra Magnesium Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Elektra Magnesium reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute Affiliate’s consent to such changes.  Current Terms of Service can be reviewed at https://www.elektramagnesium.com.au/affiliate/terms-and-conditions/  

Definitions

“Customer” = Anyone who purchases products or signs up to newsletters at www.elektramagnesium.com.au

“Affiliate” = The registered person using a unique Affiliate Link from their account to redirect customers to  www.elektramagnesium.com.au for the purpose of earning referral commissions.

“Program” = Affiliate Program

“Terms of Service” = Terms and Conditions

“Banners” = Graphics, product images, creatives, etc available from Affiliate Banners at https://www.elektramagnesium.com.au/affiliate-account-page/?uap_aff_subtab=banners

 “Affiliate Links” = Referral links to Elektra Magnesium’s products website generated by Affiliate Bar,  Affiliate’s Program account.

“Affiliate Bar” = the top bar only an Affiliate sees when logged in to their account, which includes simple links, Banner Image Link, Share on social media buttons, current page stats and settings menu.

“Wallet” = Affiliate wallet holding referral commission credits for use against product purchases.

Affiliate Warrants That They:

1.  Are 18 years or older to apply for and operate the Program;
2.  Are a human being.
3.  Provide legal full name, valid email address, and any other information requested in order to complete the signup process.
4.  Are responsible for maintaining the security of their Affiliate account and password. Elektra Magnesium cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
5. Are responsible for all content posted online, emails or other promotional activity that occurs under the Affiliate account.
6. Only register and operate one Affiliate account.
7. May not use the Affiliate Program for any illegal or unauthorized purpose. Affiliate must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. May not use the Affiliate Program to earn commissions on their own Elektra Magnesium product purchases.
9. Understand that account commissions are calculated in AUD currency and paid as such to Paypal account or credited towards product purchases, as selected by Affiliate within their Program account.
10. Take full responsibility for the operation and management of their account.

Customers Definition and Servicing Responsibilities

Customers who buy products through this Program will be deemed to be customers of Elektra Magnesium. Accordingly, all of Elektra Magnesium’s rules, policies, and operating procedures concerning customer orders, customer service, pricing policy, and product sales will apply to those customers. Elektra Magnesium may change its policies, product prices and operating procedures at any time without prior notice.

Affiliate Links, Graphics, Listings and Promotions

After acceptance to the Affiliate Program, Affiliate will be assigned a unique Affiliate ID Code identifying them within the Program. The Affiliate code is embedded in product or page codes as Affiliate Links generated within the Affiliate’s account. These Affiliate Links can be applied to website or social media platforms, graphics or banners, advertisements, emails or other digitally transmitted communications.

In order for accurate tracking, reporting, and referral commission accrual by the Program, Affiliate must ensure that each of the Affiliate Links for product or page selected is copied exactly as it appears within the Affiliate’s account.  Affiliate will earn referral fees only with respect to product purchases on Elektra Magnesium’s product website occurring directly through Affiliate Links. Elektra Magnesium will not be liable for any failure by Affiliate to use Affiliate Links, or for incorrect typing or application thereof.

Elektra Magnesium may change the design of the banners artwork at any time without notice. If Affiliate wishes to design their own banner instead of using our banners, their suggested design must be submitted for approval first to: [email protected] .

Affiliates will be notified via email of any new products, discontinued items, product price changes or special offers from time to time. Affiliates will be required to update any such listings on affiliated website/s to reflect the new recommended retail price (or special if applicable) within a reasonable time.

Referral Commissions, Ranks and Payment


Commissions are based on what rank you have achieved.  When you start you get 7% commission then when you achieve the earnings listed below, you can go up in rank and commission percentage. 

Affiliate commission rate:

BRONZE LEVEL 7%:  <$35 in earnings through commission. (<$500 in sales)

SILVER LEVEL 10%: >$35 to <$200 in earnings through commission. ($500-$2,150 in sales)

GOLD LEVEL 15%: >$200 in earnings through commission. (>$2,150 in sales)

You will not automatically go up in rank until we verify the sales you have made, which will be done once a week.

This rate is calculated on the net value of the magnesium products sold via Elektra Magnesium’s products website, exclusive of GST, and not including shipping amount. This percentage structure may change at any time in the future and if it does, notice will be given via email to the Affiliate account email address. Elektra Magnesium is not responsible or liable if the Affiliate does not receive or see the email for any reason. It is the Affiliate’s responsibility to keep their account updated with any changes to their contact details or payment links.

For a product sale to be eligible to earn a referral commission, the customer must click-through using a Affiliate Link generated from Affiliate account and inserted to email, website, social media or other communications to purchase on Elektra Magnesium’s website. Cookies will remain active for 60 days.

A valid Paypal account is required for payment of referral commissions. Once commissions reach $100 or more, the amount will automatically be transferred to Affiliate’s nominated Paypal account. The Affiliate can however choose, as an alternative, to use commissions as a credit against their own purchase of Elektra Magnesium products via the Elektra Magnesium website by transferring the commissions to their Affiliate Wallet. Any amount up to $100 can be transferred to their Wallet at any time.  However, if the commissions reach $100 and the Affiliate has not transferred them to their Wallet, the Program will automatically transfer the funds to Affiliate’s nominated Paypal account. Elektra Magnesium is unable to reverse any transactions and takes no responsibility regarding allocation of commissions to either Paypal or Wallet. Affiliate takes full responsibility for the operation and management of their account.

Relationship of Parties


The Affiliate and Elektra Magnesium are independent contractors within the terms of this Agreement, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

The Affiliate may not in any way misrepresent, pass off, or embellish the relationship between Elektra Magnesium and the Affiliate, or express or imply any other relationship, except as expressly permitted by this Agreement. Affiliates may not issue any press release with respect to this Agreement or their participation in the Program.

The Affiliate has no authority to make or accept any offers or representations on Elektra Magnesium’s behalf or commit it financially in any way. The Affiliate shall not make any statement, whether on their website, email, other platform or forum, that reasonably would contradict anything in this Section.


Affiliate’s Responsibilities


Affiliates will be solely responsible for the development, operation, and maintenance of their website, social media platforms or other point of sale venues, and for all materials that appear therein.

For example:

• The technical operation of Affiliate website or other platforms, and all related equipment;
• Ensuring the display of Affiliate Links does not violate any agreement between Affiliate and any third party (including without limitation any restrictions or requirements placed on Affiliate by a third party that hosts the website);
• The accuracy, truth, and appropriateness of materials posted on Affiliate website or other platforms (including, among other things, all product-related materials and any information included within, or associated with, Affiliate Link codes generated by the Affiliate’s Elektra Magnesium account);
• Ensuring that materials posted on Affiliate website or other platforms do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
• Ensuring that materials posted on Affiliate website or other platforms are not libelous or otherwise illegal;
• Ensuring that Affiliate website or other platforms accurately and adequately disclose, either through a privacy policy or otherwise, how Affiliate collects, uses, stores, and discloses data collected from visitors, including where applicable, that third parties such as advertisers may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.


Legal Compliance


As a condition to Affiliate’s participation in the Program, Affiliate agrees to comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over the Affiliate, whether those laws, etc. are now in effect or later come into effect during the time the Affiliate is a Program participant. Without limiting the foregoing obligation, Affiliate agrees that as a condition of participation in the Program Affiliate will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the SPAM Act 2003 https://www.acma.gov.au/avoid-sending-spam  and all other anti-spam laws.

Elektra Magnesium reserves the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Violation of any of the Agreement terms may result in the termination of the Affiliate Account and forfeiture of any outstanding affiliate commission payments earned during the violation.


Term of the Program Agreement and Termination


The term of this Agreement will begin upon Elektra Magnesium’s acceptance of Affiliate’s application and will end when terminated by either party.  Either Affiliate or Elektra Magnesium may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from their website or other platforms, all links to Elektra Magnesium’s products website, and all Elektra Magnesium’s trademarks, trade dress and logos, and all other materials provided by or on behalf of Elektra Magnesium pursuant hereto or in connection with the Program. Upon Program termination, Elektra Magnesium will pay any outstanding commission earnings accrued above $100 to Affiliate’s Paypal account, or if less than $100, issue a credit for the account balance to be used against future product purchases.

Limitations of Liability


Affiliate agrees to use the Affiliate Program at own risk. Elektra Magnesium will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, and the Affiliate takes full responsibility for their participation and actions within the Program. Further, Elektra Magnesium’s potential aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate under this Agreement.


Disclaimers


Apart from Elektra Magnesium’s product warranty and responsibility to customers as published in its Terms and Conditions on its Products website, it makes no further express or implied warranties or representations with respect to the Program. In addition, Elektra Magnesium makes no representation that the operation of its products website will be uninterrupted or error-free, and Elektra Magnesium is not liable for the consequences of any technical interruptions or communication errors.

Independent Investigation


AFFILIATE ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, AGREE TO ALL ITS TERMS AND CONDITIONS, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


Arbitration


Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or Affiliate’s relationship with Elektra Magnesium, or any of its other affiliates, shall be submitted to confidential arbitration, except that, to the extent that Affiliate has in any way violated or threatened to violate Elektra Magnesium’s intellectual property rights, Elektra Magnesium may seek injunctive or other appropriate relief in any Australian state or federal court (and Affiliate consents to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of Queensland’s Arbitration Act 2003 or in the case of international Affiliates, Australian Centre for International Commercial Arbitration Limited. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


Miscellaneous


This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws. Affiliate may not assign this Agreement, by operation of law or otherwise, without Elektra Magnesium’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Elektra Magnesium’s failure to enforce Affiliate’s strict performance of
any provision of this Agreement will not constitute a waiver of Elektra Magnesium’s right to subsequently enforce such provision or any other provision of this Agreement. The Terms of Service constitutes the entire agreement between Affiliate and Elektra Magnesium, and governs your use of the Service, superceding any prior agreements between Affiliate and Elektra Magnesium (including, but not limited to, any prior versions of the Terms of Service).

Do NOT follow this link or you will be banned from the site!
0
Scroll to Top