Terms of Use.

These terms of use (Terms) relate to the use of our website only.

Our privacy policy can be found here (Privacy Policy).

1. General

1.1 The Mensana For Life Pty Ltd ACN 638 073 140 (Mensana, we us) website (https://getgreg.app) (Site), and all material on the Site (Material), is owned and operated by Mensana.

1.2 In these terms Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1.3 You agree to be bound by these Terms by accessing, browsing, opening or otherwise using any part of the Site. You acknowledge that you have had sufficient opportunity to read and understand the Terms and that you have the requisite authority and legal capacity to enter into these Terms. If you do not agree to be bound by these Terms, please immediately discontinue your use of the Site.

1.4 Mensana may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by the amended Terms.

1.5 While Mensana has made every effort to ensure the accuracy and currency of this Site and the Material, it is subject to change and there may be inaccuracies, errors and omissions.

1.6 Mensana reserves the right to vary or modify the Material contained on this Site and to change or discontinue any function of (or accessibility to) this Site, without notice.

1.7 You must take your own precautions to ensure that whatever you select for use from this Site is free from viruses or anything else that may interfere with or damage the operation of your computer system.

2. Privacy

2.1 Mensana may automatically record details about any computer used to access the Site (including the IP address, domain name and browser time), the date and time of access and details of the information downloaded. If collected, this information will only be used for internal statistical purposes and to improve this Site.

2.2 Any other information supplied to Mensana, including personal or health information is treated in accordance with Mensana’s Privacy Policy. Your continued use of the Site or Material constitutes your approval for Mensana to deal with your personal information.

2.3 Whenever you interact with our Site, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or device that allow us to recognise your browser or device and tell us how and when pages in our Site are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit the acceptance of cookies, but doing so may prevent you from taking advantage of our Site’s best features. Our advertising partners may transmit cookies to your computer or device when you click on ads that appear on our Site. This Privacy Policy does not cover cookies delivered to you by any of our advertisers.

2.4 When we collect usage information (such as the number and frequency of visitors to the Site and to which pages within the Site), we only use such data in aggregate form and in a manner that assures your anonymity. We may provide this aggregated usage information to our partners; our partners may use such information to understand how often and in what ways people use our Site, so that our partners, too, can endeavour to provide you with an optimal online experience. For example, we may place a cookie on your device that records what products you have viewed on our Site, and then provide that information, in a way that does not identify you, to a third party website to allow such website to show you ads for similar products that are available from us or from third parties.

2.5 We may also deliver a file to you through the Site (known as a “web beacon”) from an advertising network with which we have contracted. Web beacons allow advertising networks to provide anonymised and aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. These beacons may, for example, log that you have viewed a certain product on our Site, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.

2.6 We do not honour “do-not-track” signals from Internet browsers or other consumer choice mechanisms regarding the collection of behavioural tracking data.

3. Username

3.1 If you are issued a Username and Password you are responsible for maintaining the confidentiality and security of that information. You are responsible for any and all activities on this Site which occurs under your Username.

3.2 Your Username, and non-exclusive licence to use this Site, is non-transferable (Membership).

3.3 Mensana may terminate your Membership at any time without notice to you. You may terminate your Membership by written notice to Mensana.

3.4 You must take due care to protect the copyright of the Site and Material and other intellectual property rights relating to the Site and Material and must protect any confidential information from unauthorized use, copying, publication or distribution.

3.5 You must adhere strictly to Mensana’s Privacy Policy and all privacy laws in respect of personal or health information contained on the Site or in the Material.

4. Links to or from other sites

4.1 For your convenience, the Site may contain links to other third party websites.  Mensana has no control over, and makes no representation or warranty as to, the accuracy or any other aspect of the information on any linked sites.

4.2 No link to another website is to be construed as an endorsement by, or recommendation of, Mensana in respect of any information, goods or services.

4.3 You must not create or maintain any link from another website to this Site without Mensana’s prior written consent.

5. Intellectual Property

5.1 © Copyright – Mensana™. All rights reserved.

5.2 Unless otherwise indicated, Mensana reserves all copyright and other intellectual property rights in the content, graphics, coding and design of the Site and Material.

5.3 Mensana grants you a limited non-exclusive, non-transferable licence to use the Site and Material for your own personal, or internal business purpose or any other written purpose for which your Membership has been granted.

5.4 You may not use, copy, modify, transmit, store, publish or distribute the contents of the Site or Material for any purpose other than the purposes set out in clause 5.3.

5.5 Subject to clause 5.3, no licence is to be implied by virtue of these Terms.

5.6 Mensana reserves all rights in relation to the Mensana trademark. Other products and company names referred to on this Site may be owned by third parties.

5.7 The websites, products, information, technologies and process contained or referred to in this Site may be the subject of other intellectual property rights owned by Mensana or third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.

6. Limitation of Liability

6.1 To the full extent permitted by law, Mensana excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

6.2 These Terms is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations (including the Australian Consumer Law). If such legislation applies, to the extent possible, Mensana limits its liability in respect of any claim to, at Mensana’s option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

6.3 For the avoidance of doubt, Mensana does not offer a refund for merchandise purchased by you where you have had a change of mind (where the relevant goods are not defective).

6.4 To the full extent permitted by law, Mensana excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages, even to the extent that such loss or liability is caused by Mensana’s negligence.

7. Assumption of Risk

7.1 You acknowledge and agree that:

(a) the Site and Material may have inherent defects, errors or deficiencies;

(b) you will use the Site and Material and any advice, opinions or information supplied by Mensana, its officers, employees or agents at your own risk; and

(c) the Site and Material are supplied on the understanding that you will not hold Mensana, its officers, employees or agents liable for any loss or damage resulting from your use of the Site or Material.

7.2 In particular, you acknowledge that your Username has been issued to you for the purpose of providing you with access to Material that concerns a particular purpose. The Material is not generic and should only be used in connection with the purpose for which that particular Username was issued.

8. Disclaimer

8.1 To the maximum extent permitted under law, the Site and any product, service or other item provided by or on behalf of Mensana are provided on an “as is” and “as available” basis and Mensana expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Mensana does not represent or warrant that the Site is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

8.2 You acknowledge that the speed of response from the Site is dependent on your internal connection and performance of the Site and Materials may be affected by such external factors as your speed of connection, infrastructure bandwidth and the number of users on the connection.

8.3 Mensana makes no warranty as to the completeness or accuracy of any Material or as to its fitness for a particular purpose.

8.4 Mensana does not warrant that the Site, the Material or the material on any linked website does not infringe the intellectual property rights of any person.

8.5 Mensana does not warrant that the functions and content of the Site, or any third-party websites, will be:

(a) uninterrupted or without error,

(b) remedied if defects occur, or

(c) free of viruses or other harmful components.

8.6 Mensana will not be liable for disruptions to this Site.

8.7 Mensana:

(a) takes no responsibility for any delay, malfunction, non-performance or other degradation of the Site or Materials caused by or resulting from any alteration, modifications or amendments to the Site or Materials requested by you; and

(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site and Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

8.8 Mensana is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or any external site to which a link is provided.

8.9 Where the Materials include pre-written materials provided by Mensana or other third parties, Mensana and its content providers will use reasonable endeavours to ensure that the Materials are accurate.  However, you acknowledge and agree that:

(a) the information provided in such Material is intended only to provide a summary and general overview and is not intended to be a substitute for medical, health or legal advice.

(b) You will seek medical, legal or other professional advice (as relevant) before acting or relying on any of the Materials.

(c) If you or your authorised users edit the Materials, neither Mensana nor its content providers will be responsible for any Liability arising from such amendments.

9. Indemnity

9.1 You must indemnify Mensana and keep Mensana fully indemnified against all liabilities, damages, claims, losses, costs and expenses which Mensana may incur to a third party or you as a result of:

(a) your use of this Site or the Material;

(b) any breach by you of these Terms; and

(c) any claims arising from any information, data, text or messages transmitted using the Site including claims for defamation, invasion of privacy, infringement of intellectual property rights or breach of any other applicable law, regulations or codes.

10. Waiver

10.1 If you breach these Terms, failure by Mensana to take action will not constitute a waiver of rights and remedies arising from that breach and Mensana reserves its entitlement to enforce its rights and remedies in relation to that breach.  Any waiver of any provision of these Terms will be effective only if it is in writing and executed by Mensana.

11. Jurisdiction

11.1 The Terms shall be governed by the laws in force in the State of South Australia. You submit to the exclusive jurisdiction of the Courts of the State of South Australia.

12. Severability

12.1 Any provision in these Terms which is invalid or unenforceable is to be read, if possible, so as to be valid and enforceable, or otherwise must be severed to the extent of the invalidity, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

PRODUCTS ADDENDUM

In addition to the Terms contained above, if you are to order products (such as merchandise from us) directly through our Site (this excludes orders placed through other sellers on the Marketplace for those terms please refer to Marketplace trading terms above) the below terms also apply. If you do not agree to these provisions, you must not place any orders on the Site.

1. Placing orders on the site

1.1. Eligibility

1.1.1. By placing an order on the Site, you confirm that you are of legal age in your country or you have consent from your parent or guardian, you have full power, capacity and authority to agree to these Terms.

1.2. Placing an order

1.2.1. You may order products by selecting and submitting your order through the Site in accordance with these Terms.

1.2.2. Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

1.2.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

1.2.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

1.3. Mensana’s right to accept or reject your order

1.3.1. Mensana expressly reserves the right to accept or reject your order for any reason, in its sole discretion. Where your order has been rejected, you will not be charged for that order.

1.4. Data checks

1.4.1. Mensana may run some checks on any orders that you place on the Site, including verification of the delivery address and the payment details that you have provided. Mensana may also carry out checks for security reasons and to identify fraud. Mensana reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

2. Prices and Payment

2.1. Prices and currency

2.1.1. The prices of products in an order will be at the prevailing prices displayed on the Site when you check out. You will be able to verify the total price of your order prior to placing the order – this total price will include the price of all products as well as applicable shipping costs and taxes. However, we reserve the right to change prices at any time before we accept an order from you.

2.1.2. All prices shown on this Site are in Australian Dollars (AUD).

2.2. Payment methods and processing

2.2.1. You will only be able to make payment for your orders using the methods set out on the order checkout page on the Site – these methods are limited to credit cards. Please do not attempt to use any other payment methods as you may risk the loss of any payments made – Mensana will not be responsible or liable for any such losses.

2.2.2. Upon submitting your order on the Site, the PayPal account or credit card (as applicable) that you selected will be charged for the amount of the order (including the applicable shipping charges and taxes).

2.3. Title transfer

2.3.1. Mensana will retain the title in any products that you have ordered until full payment of the total price (including applicable shipping costs and taxes).

3. Shipping and Delivery

3.1. Mensana will happily ship your orders for products within Australia and to certain locations around the world. For more information about shipping and delivery please refer to our Greg Merchandise Shipping and Delivery Policy that can be found here (Shipping & Delivery) or email Mensana at [email protected]

4. Returns and Cancellations

4.1. Cancellation of orders

4.1.1. You cannot cancel all or any part of an order after the order has been placed and payment has been accepted.

4.2. Returning orders after shipment

4.2.1. Once an order has been shipped, you may exercise your statutory right of withdrawal by informing us of your desire to return the product within thirty (30) calendar days after the product is delivered to you. We require that your request to exercise a right of withdrawal is supported by proof of purchase (e.g. an invoice issued by Mensana). To exercise this right, please contact the Mensana team at the following address [email protected].

4.2.2. In exercising your right to withdraw, you must return the products to us without undue delay (and at your own cost) and no later than thirty (30) calendar days after the product was delivered to you. Upon our receipt of the returned products, we will refund the purchase price and the original shipping costs through the payment method that you used in placing the order.

4.2.3. Please ensure that the returned products are complete (e.g. all original packaging, accessories and/or documentation must be intact) and not used in any way.

4.2.4. If the product is not returned in the original condition, Mensana has the right to refuse the return or hold you in another way liable for any diminished value of the product.

4.2.5. For further information on the return of goods, please refer to our Greg. Merchandise Exchange & Returns Policy that can be found here (Exchange & Returns)

4.3. Defective products

4.3.1. You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. We also note that Mensana is under a statutory duty in some countries to supply products that are in conformity with the terms of the relevant contract and nothing in these Terms will affect your legal rights. In making a request to return defective products, please provide us with your proof of purchase (e.g. an invoice issued by Mensana). In the event your claim is justified, the purchase price and the shipping costs will be refunded.

For further information on the return of goods, please refer to our Greg. Merchandise Exchange & Returns Policy that can be found here (Exchange & Returns)