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Website Terms of Use

Thank you for visiting our website. This website is owned and operated by Rhubarb Group Pty Ltd (ABN 58 653 651 855). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

In these Terms, ‘us’, ‘we’ and ‘our’ means Rhubarb Group Pty Ltd and our related bodies corporate.

1. Registration

You may need to be a registered member to make orders, access our products, or access certain features of our website. 

When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the website in accordance with these Terms.
2. Collection Notice

We collect personal information about you in order to respond to your enquiry, process your registration, provide you with our products or services, and for purposes otherwise set out in our Privacy Policy. 

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you.

Some of your personal information may be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers. This may happen if:

  • our offices or related entities are overseas;
  • we outsource certain activities overseas;
  • transactions, information, services or products have an overseas connection; or
  • our computer systems including IT servers are located overseas.

You consent to the collection, use, storage, and processing of your personal information outside of Australia as set out in this Privacy Policy.

In particular, your personal information may be disclosed to third parties in Japan (where our parent company is located), other countries in which we have branches or offices (see https://enagic-australia.com/our-branches for details of our office locations around the world), the USA, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the collection, use, storage and processing of your personal information in those countries, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach). Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you might not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Purchases
Copyright Notice

All of the Content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Enagic, one of its affiliates or by third parties who have licensed their materials to Enagic. The entire Content of this website is copyrighted as a collective work under copyright laws, and Enagic owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you:

  1. only use these copies of the Content for your own personal, non-commercial use;
  2. do not copy or post the Content on any network computer or broadcast the Content in any media; and
  3. do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Enagic reserves complete title and full intellectual property rights in any Content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Enagic.

Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Enagic shall be and remain the exclusive property of Enagic. Your submission of any such Comments shall constitute an assignment to Enagic of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Enagic will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Disclaimers – general

The Enagic website is operated by Enagic distributor Dee Zibara, on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Enagic, Enagic corporation, Enagic brands, and their affiliates (collectively, the “Enagic corporation businesses”) disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.

Without limiting the foregoing, the Enagic corporation businesses disclaim any and all warranties, express or implied, for any merchandise offered on this site. this disclaimer does not apply to any product warranty offered by the manufacturer of the item.
Without limiting the foregoing, the Enagic corporation businesses do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.

Without limiting the foregoing, the Enagic corporation businesses disclaim any liability as to the accuracy or completeness of each item description. all product descriptions originate from the manufacturer of the item.

The Enagic corporation businesses do not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this website.

Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

The Enagic corporation businesses make no representation that content provided on this website is applicable or appropriate for use in locations outside of the united states. The Enagic corporation businesses assume no risk or responsibility for your use of any of the content provided on this website.

5. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 

6. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy for the purpose of viewing the Content for your own personal use.

7. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. 

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

9. Warranties & Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Liabilities

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

11. Jurisdiction & Governing Law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Effective: Saturday 1 July, 2023

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