STOCKISTS

Acceptance of Terms

Your use of the Website is subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using the Website you are also subject to any other GINWORTH rules or guidelines, which may be posted or emailed from time to time (including, without limitation, the GINWORTH Terms and Conditions of Sale). All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative acknowledgement and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means any information or material such as text, software, images, communication, audio and video, including links to that material.

Responsible Service of Alcohol

GINWORTH supports the Responsible Service of Alcohol. All online liquor sales are processed by GINWORTH Pty Ltd (ABN 20 652 604 727) under Liquor Licence no. LIQP770017758 (NSW).

It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years, and you must confirm that you are 18 years of age or over before your order will be accepted. GINWORTH reserves the right to require satisfactory proof of age prior to accepting an order.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. To the maximum extent permitted by law, neither GINWORTH Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. To the maximum extent permitted by law, GINWORTH Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

The Content on the Website is for general information purposes only. GINWORTH does not represent or warrant that the information contained in this Website is suitable for specific needs or requirements of users. The information and material included in this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to you.

Limitation of Liability

The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia or other jurisdictions may confer rights and remedies on you in relation to the information contained on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). GINWORTH Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) GINWORTH Pty Ltd and its suppliers expressly disclaim all warranties of any kind, (c) GINWORTH Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) GINWORTH Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not GINWORTH Pty Ltd ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of GINWORTH Pty Ltd) will GINWORTH Pty Ltd or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that GINWORTH Pty Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. Subject to any consumer guarantees provided for in applicable consumer protection legislation which cannot be excluded by law, GINWORTH Pty Ltd excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.

Indemnity

You agree to indemnify and hold harmless GINWORTH Pty Ltd and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand to arise out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of GINWORTH Pty Ltd or the appropriate supplier or licensor of GINWORTH Pty Ltd.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this website is the property of GINWORTH Pty Ltd or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The GINWORTH Pty Ltd wordmark and the logos of the GINWORTH Pty Ltd products are registered trademarks of GINWORTH Pty Ltd or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

GINWORTH is protected in the Australian Trademark Office (IP Australia) under Registration Number 2156353. Any use of the brand GINWORTH must be approved by GINWORTH Pty Ltd.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

Provide true, accurate, current and complete information about yourself as prompted by the website’s registration form (such information being the "Registration Data"); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular, to register, you must provide your real name, postal address and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or GINWORTH Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GINWORTH Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Privacy policy

Our privacy policy, which sets out how we will use your information, can be found on our website. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to GINWORTH Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

Restrict or inhibit any other user from using or enjoying any Communication Facility;
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
Post or transmit any material of any kind which contains a virus or other harmful component;
Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

GINWORTH Pty Ltd may from time to time monitor or review the contents of its Communication Facilities. While GINWORTH Pty Ltd reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in GINWORTH Pty Ltd’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, GINWORTH Pty Ltd has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is GINWORTH Pty Ltd responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

GINWORTH Pty Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

GINWORTH Pty Ltd may permit you to make, share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and GINWORTH Pty Ltd disclaims any and all liability in connection with Contributions. GINWORTH Pty Ltd assumes no responsibility for monitoring any Contributions and does not endorse the information contained in any Contributions. GINWORTH Pty Ltd is under no obligation to treat your Contribution as confidential.

GINWORTH Pty Ltd may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

GINWORTH Pty Ltd may repost or share any information or content you upload to public networks in relation to GINWORTH and/or its products.

User License To GINWORTH Pty Ltd

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to GINWORTH Pty Ltd and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Contributions, information or material:

Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of GINWORTH Pty Ltd and any other party authorised by GINWORTH Pty Ltd all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of GINWORTH Pty Ltd, you will execute and deliver to GINWORTH Pty Ltd such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Online Security

At GINWORTH Pty Ltd we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

If you’re making an online purchase from GINWORTH Pty Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details.

Please REPORT any suspicious activity to us immediately.

Third party links and advertising

Hyperlinks and pointers to websites operated by third parties will appear on GINWORTH Pty Ltd from time to time. These websites do not form part of the Website and are not under the control of GINWORTH Pty Ltd or its related bodies corporate and neither GINWORTH Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such websites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by GINWORTH Pty Ltd or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, GINWORTH Pty Ltd accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Disclaimer

Statements made on this Website have not been evaluated by the US Food and Drug Administration or the Therapeutic Goods Administration of Australia.

Products advertised or sold through the Website are not intended to diagnose, treat, cure, or prevent disease.

GINWORTH's Terms and Conditions of Sale

DEFINITIONS

In these terms and conditions:

“Buyer” means the person to whom any quotation is made by GINWORTH, any person offering to contract with GINWORTH on these terms and conditions and/or any person who purchases Products from GINWORTH;

“Consequential Loss” means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity;

“Defect” means a defect, flaw or imperfection in the Products which prevents the Products from being used for the purposes intended for such Products or which makes the use of the Products dangerous, but does not include anything which has been disclosed as a feature or limitation of the Products by GINWORTH prior to the date of purchase, or any defect, flaw or imperfection that is trivial or insubstantial;

“GINWORTH” means GINWORTH Pty Ltd ACN 652 604 727 and each of its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as the party making or accepting the Buyer’s order of Products);

“Products” means all goods and services agreed to be supplied by GINWORTH to the Buyer under any contract, arrangement or understanding between GINWORTH and the Buyer;

“GST” means any goods and services tax and any replacement or similar tax on goods or services;

“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Invoice” means the invoice issued by GINWORTH to the Buyer setting out the amount to be paid by the Buyer; and

“Order” means any order for Products placed by the Buyer with GINWORTH, in whatever form.

GENERAL
1. Unless GINWORTH otherwise agrees in writing, these are the only terms and conditions which apply to the sale of Products by GINWORTH and the Buyer agrees that these terms and conditions will in all circumstances prevail over any other document, Order or other terms, including the Buyer’s terms and conditions of purchase (if any).
2. These terms and conditions supersede and exclude all prior and other discussions, dealings, representations (contractual or otherwise) and arrangements relating to the supply of the Products including but not limited to, those relating to the performance of the Products or the results that ought to be expected from using the Products.
3. If there is an inconsistency between any other terms agreed by the Buyer and GINWORTH in writing and/or these terms and conditions, the terms agreed by the Buyer and GINWORTH in writing will prevail to the extent of any inconsistency.
ORDERS
1. GINWORTH has the sole discretion to accept or reject any Order or any variation or modification of an Order requested by the Buyer (including, without limitation, where GINWORTH suspects that a transaction may be fraudulent or where a Buyer is purchasing the Products for the purposes of resale).
2. GINWORTH has the sole discretion to accept or reject any Order cancellation request by the Buyer. If a cancellation request is accepted by GINWORTH, the Buyer will be liable for any direct loss or expense incurred by GINWORTH in respect of that Order (including without limitation, payment for any Products or components of the Products ordered by GINWORTH from its suppliers relating to that Order).
3. Where some Products ordered are not in stock, GINWORTH may at its discretion supply part of the Order and invoice the Buyer for that part of the Order supplied.
EXCLUSION OF LIABILITY
1. Except as provided or implied by law, GINWORTH provides no warranty, guarantee or similar right in respect of the Products. To the full extent permitted by law, GINWORTH excludes any warranty, guarantee or similar right provided or implied by law.
2. If any warranty, guarantee or similar right provided or implied by law applies to GINWORTH's provision of Products and cannot be excluded, to the full extent permitted by law GINWORTH limits its liability to: (i) a refund of the price paid; (ii) supplying the Products again; or (iii) the payment of the cost of having the Products supplied again, at the election of GINWORTH.
3. Nothing in these terms or conditions excludes, restricts or modifies any warranty, guarantee or similar right provided or implied by law which cannot be excluded, restricted or modified.
4. To the extent the law permits and notwithstanding any other clause of these terms and conditions, GINWORTH excludes all liability whatsoever to the Buyer for any Consequential Loss.
ADVICES

The Buyer hereby acknowledges that it has not relied on any service involving skill or judgment, or on any advice, recommendation, information or assistance provided by GINWORTH in relation to the Products or their use or application.

DELIVERY
1. GINWORTH will make reasonable efforts to have the Products delivered to the Buyer on the date agreed between the parties as the delivery date. However, time is not of the essence under this clause 6) and GINWORTH will not be liable for any failure to deliver or delay in delivery for any reason.
2. The Buyer shall be responsible for checking the delivery of Products upon receipt and shall report any discrepancy in the quantity of the Products ordered by the Buyer to GINWORTH at the time of delivery. Failure to report any discrepancy to GINWORTH shall constitute acceptance by the Buyer that the quantity of Products delivered matches the quantity of Products ordered by the Buyer.
3. Unless otherwise agreed in writing by GINWORTH, the Buyer will be liable for all costs associated with the delivery of Products to the Buyer, including (without limitation) any import customs, duty or taxes applicable to the delivery of the Products
DEFECTS
1. The Buyer must examine the Products for Defects or mis-shipment upon delivery and notify GINWORTH of any Defects in writing within 7 business days of delivery. If the Buyer does not notify GINWORTH within 7 business days of delivery the Buyer shall be deemed to have accepted the Products.
2. The Buyer must preserve any Products that are found to have a Defect in the state in which they were delivered and allow GINWORTH (or its nominated agent) access to the Buyer’s premises to inspect the Products. If GINWORTH, upon inspection agrees with the Buyer that such Products have a Defect, the remedies set out in clause 4)b) will apply.
RETURNS FOR CHANGE OF MIND

GINWORTH will not accept returns or refunds for 'change of mind'. However, if a Product is found to have a Defect, the remedies set out in clause 4)b) will apply in relation to that Product.

WHOLESALE
1. The Buyer must not resell any Products without the prior written consent of GINWORTH.
RISK AND TITLE
1. All risk in and to the Products purchased by the Buyer shall pass to the Buyer upon delivery to the Buyer or any agent or other carrier commissioned by the Buyer to take possession of the Products. Legal and equitable title in and to the Products shall not pass to the Buyer until payment in full for all Products is made by the Buyer to GINWORTH.
2. The Buyer acknowledges that until title in and to the Products passes to the Buyer in accordance with this clause 11), the Buyer holds the Products as bailee of GINWORTH and that a fiduciary relationship exists between the Buyer and GINWORTH.
3. Until title in and to the Products passes to the Buyer in accordance with this clause 11), the Buyer shall store the Products separately and in such a manner that they are clearly identified as the property of GINWORTH and ensure that the Products are properly stored, protected, readily identifiable and insured. GINWORTH shall be entitled at any time until title in and to the Products passes to the Buyer to demand the return of the Products and shall be entitled without notice to the Buyer and without liability to the Buyer to enter any premises occupied by the Buyer (or any other premises where the Buyer is holding the Products) in order to search for and remove the Products.
4. The Buyer acknowledges that if it sells the Products before title in and to the Products has passed to the Buyer in accordance with this clause 11), it sells the Products as a fiduciary agent of GINWORTH provided that such sales shall not give rise to any obligations on the part of GINWORTH. The Buyer shall hold the proceeds of sale on trust for GINWORTH in a separate account and must pay to GINWORTH such amount as GINWORTH requests.
PERSONAL PROPERTY SECURITY ACT 2009 (Cth) (“PPSA”)
1. The Buyer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all of the Buyer’s present and after-acquired Products supplied by GINWORTH.
2. GINWORTH and the Buyer agree that nothing in sections 130(1)(a) and 143 of the PPSA will apply to these terms and conditions.
3. The Buyer waives its rights as a debtor under sections 92, 93, 94, 95, 97, 118, 121, 132, 135, 137, 140 and 142 of the PPSA.
4. The Buyer further agrees that where GINWORTH has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
5. In this clause:
  1. “security agreement” means the security agreement under the PPSA created between the Buyer and GINWORTH; and
  2. “security interest” has the meaning given to it by the PPSA.

PRICE
1. Unless otherwise agreed in writing or for Orders which have been accepted by GINWORTH in writing, the price charged for the Products shall be the price determined by GINWORTH at the date of delivery of these terms and conditions (plus any GST payable in accordance with clause 21).
2. Any price indications or price lists provided by GINWORTH to the Buyer or otherwise made available to the Buyer are subject to alteration on reasonable notice.
FORCE MAJEURE
1. GINWORTH is not liable for any failure to perform any of its obligations under these terms and conditions as a result of any event beyond its reasonable control including, without limitation, where GINWORTH is prevented or hindered from manufacturing, delivering or supplying the Products as a result of any strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services from usual suppliers on usual terms, epidemic, pandemic or quarantine, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. In such circumstances, GINWORTH may suspend performance of any obligations under these terms and conditions while the event continues. GINWORTH shall not incur any liability to the Buyer in respect of such suspension.
2. If any of the above events occur for more than 30 days, GINWORTH may, without liability, terminate any affected Order and/or these terms and conditions immediately by notice in writing to the Buyer.
PAYMENT AND DEFAULT
1. Subject to clauses 15)b), 15)e) and 15)g) and unless otherwise agreed in writing by GINWORTH (including where otherwise identified on any Invoice issued by GINWORTH), all Invoices must be paid in full by the Buyer at the time of placing the Order or, where accepted by GINWORTH in writing, at the time of delivery .
2. GINWORTH may, in its absolute discretion, require payment prior to the provision of Products.
3. GINWORTH reserves the right to charge interest on any overdue amount at a rate of 10% per annum from the due date for payment until payment in received in full by GINWORTH
4. The Buyer agrees to bear all costs incurred by GINWORTH in collecting any overdue amounts including but not limited to collector agency fees, legal fees (on a full indemnity basis), debt collection costs and charges and court costs.
5. If; (i) the Buyer defaults on any payments or is unable or states that it is unable to pay its debts as and when they fall due; (ii) the Buyer being an individual commits an act of bankruptcy or has a controller or trustee appointed in respect of the Buyer’s estate or any part of the Buyer’s property or assets; (iii) the Buyer being a company passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it; (iv) a receiver, receiver and manager, controller or voluntary administrator is appointed over any part of the property or assets of the Buyer; or (v) the Buyer experiences any analogous event having substantially similar effect to any of the events specified above, then GINWORTH may, at its option, withhold further deliveries or cancel any Order without notice to the Buyer and without prejudice to any other action or remedy which GINWORTH has or might otherwise have under these terms and conditions. In such circumstances, all moneys owing and outstanding to GINWORTH on any Invoice and irrespective of whether the due date on any Invoice has occurred or passed shall become immediately due and payable.
6. Notwithstanding clause 15)a), GINWORTH may at all times in its sole and unfettered discretion and without being under any duty or obligation to assign reasons to such discretion, alter or terminate any credit offered to the Buyer or any payment terms on providing the Buyer with reasonable notice. Without limiting the generality of the foregoing, the decision of GINWORTH shall be final and GINWORTH accepts no liability or responsibility for any loss (including Consequential Loss), howsoever arising.
7. Incorrect purchase order numbers are not grounds for the Buyer to withhold payment of any amounts owing under these terms and conditions or any Invoice. If GINWORTH issues an invoice with an incorrect purchase order number, the Buyer must notify GINWORTH and GINWORTH will use its reasonable endeavours to rectify the mistake.
TERMINATION

GINWORTH may terminate its agreement under these terms and conditions by written notice to the Buyer, without prejudice to any rights accrued under these terms and conditions if:

the Buyer breaches these terms and conditions and the breach is not capable of remedy or the Buyer does not remedy the breach within 7 days of written notice by GINWORTH;
any of the events set out in clause 15)e) occur; or
GINWORTH, in its sole discretion, wishes to terminate for convenience.

GENERAL LIEN

In addition to any right of lien to which GINWORTH may be entitled under the common law, GINWORTH shall be entitled to exercise a general lien over all items in its possession belonging to the Buyer until the Buyer has paid in full for all Products supplied by GINWORTH to the Buyer. GINWORTH may in its sole discretion sell any item that is subject to a lien, provided GINWORTH shall pay to the Buyer any surplus proceeds that are released by it from a sale of any such items after discharging in full all monies outstanding to GINWORTH in respect of unpaid Products and all reasonable costs of sale incurred by GINWORTH.

SEVERANCE

If any provision of these terms and conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.

VARIATION AND ASSIGNMENT
1. GINWORTH may vary these terms and conditions by giving the Buyer 14 days' prior written notice.
2. The Buyer may not assign its rights under these terms and conditions without GINWORTH's prior written consent.
GOVERNING LAW

These terms and conditions are governed by and construed under the law in the State of New South Wales, Australia. Any legal action in relation to these terms and conditions against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales. Each party irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.

GST AND OTHER TAXES AND DUTIES

Notwithstanding any other clause in these terms and conditions, to the extent that any supply made under or in connection with these terms and conditions is a taxable supply (as defined by the GST Law), the Buyer must pay to GINWORTH, in addition to the consideration provided for under these terms and conditions, for that supply (unless it expressly included GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The Buyer must pay to GINWORTH the additional amount at the same time as the consideration to which it is referable. The Buyer is responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Products.

WAIVER

Waiver by GINWORTH of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by GINWORTH. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.

NO RIGHT OF SET-OFF

No amount owing whether present or future, actual, contingent or prospective and on any account whatsoever by the Buyer to GINWORTH may be offset against any amount owing by GINWORTH to the Buyer hereunder on any other account whatsoever.

INTELLECTUAL PROPERTY

The purchase of Products under these terms and conditions does not confer on the Buyer any licence or assignment of any copyright, patent, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Products.

Privacy Policy

GINWORTH Pty Ltd ACN 652 604 727 (GINWORTH, us, we, our) takes its customers' privacy seriously. We seek to comply with our obligations under the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy describes how we will collect, use, disclose, store, and handle your personal information.

Section 001 – What is personal information?

In this Privacy Policy, 'personal information' has the meaning set out in the Privacy Act. In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable.

Some types of personal information are designated as 'sensitive information', and are subject to additional protection under the Privacy Act.

Section 002 – What types of personal information do we collect?

The types of personal information we collect about you will depend on the purpose for which the information is collected. This can include:

in the case of customers purchasing our products through our online store –
- your name, billing or shipping address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information) and order details; and
- where GINWORTH suspects that a transaction may be fraudulent or that a purchase may be for the purpose of resale, your driver's licence and any other form of identification that GINWORTH considers reasonably necessary to verify your identity;
if you have requested to receive news and exclusive offers, promotions, or invitations to events – your name, mailing or street address, email address and telephone number(s);
If you have contacted our customer support team to make a complaint, provide feedback, submit an enquiry, request a call-back or request a product replacement – your name, email address and any files attached to your request;
in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
in the case of our suppliers and distributors – your name, mailing or street address, email address and telephone number(s).

Generally, GINWORTH will not collect sensitive information about you. However, in certain circumstances, we may need to collect limited sensitive information. For example, if you disclose details of a medical condition or other specific dietary or allergy requirements to us in the course of requesting further information from us about any of our products. When you browse our website, we also automatically receive details of your device's Internet protocol (IP) address, your web browser type used to access our website and your operating system.

Section 003 – How do we collect personal information?

We collect personal information directly from you, including when you:

access our website;
place an order;
arrange for a delivery or return a purchase;
sign up to receive news and exclusive offers;
enter surveys, competitions, promotions or request information or material from us;
communicate by us by email, by telephone or via our website;
apply to work with us or are engaged by us as a contractor; or
provide goods or services to us.

We use cookies, which are data files that are placed on your device and often include an anonymous unique identifier. We also use other technologies to collect technical information and general analytics. By using our website, you are consenting to the use of these technologies in accordance with this Privacy Policy.

Section 004 – Direct marketing communications

We will only send you emails about our store, new products and other direct marketing communications (for example through mail, SMS or email), where you have consented to us doing so or we are otherwise permitted by law to do so. You can unsubscribe from direct marketing communications at any time by contacting us at info@ginworth.com.au

Section Five – Can you choose not to disclose your personal information?

If you contact us to make a general enquiry about GINWORTH or our products, you do not have to identify yourself or provide any personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.

However, if we are not able to collect personal information about you, we may not be able to provide you with the information or assistance you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

Section 006 – How do we use your personal information?

In general, we use your personal information for our business operations. Some specific purposes for which we use your personal information are as follows:

to process your purchase and provide you with products that you have ordered, as part of the buying and selling process;
to verify your identity (for example, if you request access to personal information we hold about you or if we require further information to process your purchase);
to communicate with you and to address any issues or complaints that we or you may have regarding our relationship; and
to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

We may also use or disclose your personal information for other purposes to which you have consented, or as otherwise permitted or required by law.

Technical information and general analytics information is used for the purpose of gauging website visitor traffic and trends and delivering personalised content to you while you are on our website, and to improve our website and our products and services.

Section 007 – To whom do we disclose personal information?

We may disclose your personal information to third parties in connection with the purposes described above (see Section Six). We may disclose your personal information to the following types of third parties:

any potential third party acquirer of our business or assets, and advisors to that third party;
our professional advisers (such as lawyers, accountants or auditors) and insurers;
our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, freight companies, telecommunications providers and IT support services providers;
organisations authorised by us to conduct promotional, research or marketing activities;
third parties with whom we have arrangements for the purpose of promoting our business, for example marketing agencies and companies who may use your personal information to tailor electronic advertising to you (e.g. on a webpage or social media platform) in relation to our products and services;
third parties to whom you have authorised us to disclose your information (e.g. referees if you are applying for a job with us); and
any other person as required or permitted by law.

If we disclose your personal information to third parties, GINWORTH will use reasonable commercial efforts to ensure that such third parties only use your personal information to the extent reasonably necessary to allow the third party to comply with their obligations to us in a manner consistent with applicable laws. For example, where commercially practical, we will include suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

Section 008 – Where is your data stored and transferred?

Our online store is hosted by Shopify Inc. Your data is stored in databases located in Australia and the United States of America. We store your data on a server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then our server stores your credit card data only until the payment transaction is completed and then the information is deleted. Your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Section 009 – Security

To protect your personal information, we take reasonable precautions and follow industry good practices with the aim of ensuring it is not lost, misused or inappropriately accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow PCI-DSS requirements and implement additional generally accepted industry standards.

Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of your personal information.

Please notify us immediately if you become aware of any breach of security.

Section 010 – Third Party Services

When you click on links on our website, you may be directed away from our website. We are not responsible for the privacy practices of other websites and businesses, and we encourage you to read their respective privacy policies.

If you use any third-party service providers in the course of your use of our website, such as payment gateways and other payment transaction processors, these third-party providers have their own privacy policies in respect of the personal information we are required to disclose to them for your purchase-related transactions. We recommend that you read their privacy policies so you understand how these third-party service providers will handle your personal information.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by GINWORTH's Privacy Policy or Terms and Conditions.

Section 011 – How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. We will need to verify your identity before we can comply with your request. We may also charge an administration fee in limited circumstances, for example if we are required to procure additional resources to comply with your request.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us.

Section 012 – What is the process for complaining about a privacy breach?

If you have any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us in writing using the contact details below.

We will make inquiries and your complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner.

If you are unsatisfied with the outcome, we will advise you about further options including, if appropriate, review by the Privacy Commissioner within the Office of the Australian Information Commissioner.

Section 013 – Exemptions

Where applicable, we will rely on the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.

Section 014 – Minors

The Site is not intended for individuals under the age of 18 years of age. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us via info@ginworth.com.au to request deletion.

Section 015 – Questions and Contact information

If you would like to register a complaint or simply want more information about how we handle personal information, please contact us at info@ginworth.com.au or via mail at PO BOX 803, Waverley NSW 2024.

Section 016 – Changes to this Privacy Policy

We may modify this Privacy Policy at any time, so please review it frequently. Any updates to this Privacy Policy will be posted on our website. Changes will take effect immediately upon their posting on our website. Your continued dealings with us, for example use of our website, will signify your agreement to this Privacy Policy as amended.

This Privacy Policy was last updated on 8 December 2021.