Terms Of Service

Overview 

This Website located at ashaya.com.au is operated by ashaya Pty Ltd. Throughout the Website, the terms “we”, “us” and “our” refer to ashaya Pty Ltd. ashaya Pty Ltd offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Products displayed on our Website are there to inform you of the available Products sold by us and do not constitute an exclusive offer. All Products are subject to availability. 

Any new Products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Should we make any material changes to the Terms of Service, we will notify you. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you.

Promotions and Discounts

Please note discount codes can only be used on our full price items. Our offers, discounts and promotions do not stack. All Promotions or Discounts are subject to availability and may have additional terms and conditions which apply. Please refer to the email, webpage, social media page or other medium where the particular offer, promotion or discount is being made. ashaya reserves their rights to cancel, change or vary the terms of any Promotion or Discount.

Promotional Offers 

Welcome 15% Off*
*Not valid in conjunction with any other offer. Discount applied to the recommended retail price for full-price products in the one transaction. Promotional discount is not valid on delivery charges. Offer is available to first time customers only. Offer is subject to availability and while stocks last. ashaya’s standard Terms of Service apply to this promotion. ashaya reserves its right to vary, amend and/or cancel this offer.

50% off Supplements*
*Not valid in conjunction with any other offer. Supplements are In-Flow Period & PMS Relief Oral Powder 120g jar and Re-Glow Perimenopause Relief Oral Powder 120g jar. This offer excludes subscription refill pouches and any gift set bundles that include the supplement.  Discount applied to the recommended retail price for full-price products in the one transaction. Promotional discount is not valid on delivery charges. Offer is subject to availability and while stocks last. ashaya’s standard Terms of Service apply to this promotion. ashaya reserves its right to vary, amend and/or cancel this offer.

 

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state 

You may not use our Products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

 

Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 – Accuracy, Completeness and Timeliness of Information
All information supplied has no warranty as to the accuracy or completeness of the information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The information contained in this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any Product packaging label. Nothing contained in the Service is intended to be or should be taken for medical diagnosis or treatment. It is your sole responsibility to ensure the Products are sufficient and suitable for your purposes and meet your individual requirements. 

Section 4 – Modifications to the Service and Prices
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Service (If Applicable)
We display various Products from time to time on the Website including without limitation, individual, bundled, full size, sample, seasonal and gift-with-purchase Products, which may be purchased by you through this Website. Certain Products or services may be available exclusively online through the Website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other users. We do our best to remove any Products which have sold out at our earliest opportunity. 

We take all reasonable care to ensure that any descriptions relating to Products are accurate and have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.

All Products should be used and stored strictly in accordance with their instructions, precautions and guidelines. Products are intended for adult use only and should be kept out of reach of children. You should always check the ingredient list for potential allergens. If you develop any symptoms whatsoever, stop using the Product immediately and consult a licensed physician or qualified healthcare practitioner. 

Every individual is different and therefore results may vary from person to person and are not guaranteed. We are not responsible or liable for failure to achieve expected results for any reason whatsoever.

Any Products you purchase or receive are for your personal use only and not for re-sale or distribution. 

Except to the extent required by Law, we do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All risk and title in the Products transfers to you upon shipment from our premises or full payment whichever comes last. 

Payment
Any purchase by you of a Product through the Website (Transaction) will constitute a contract between you and ashaya. You are responsible for reviewing the latest version of these Terms each time you enter into a Transaction. 

We will ship the Products to you as quickly as possible, however please be aware that we are not responsible for events outside of our control, for example a postage strike. We will try our best to keep you updated should any such delays occur. 

Payment Methods
Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with ashaya. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point (except in the case of recurring orders, where you credit card details will be stored by our third party service provider. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement. 

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ashaya reserves the right at any time after receipt of your order to accept or decline your order for any reason. ashaya reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

 

Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

• Provide true, accurate, current and complete information about yourself as prompted by any registration form and 
• Maintain and promptly update the information provided by you to keep it true, accurate, current and complete. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. ashaya considers this information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of Products or special offers that may be of interest to you.

For more detail, please review our Returns Policy.

 

Section 7 – Copyright and Trademark Notice
This site is owned and operated by ashaya. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Unless indicated otherwise, all audio and video clips are the sole property of ashaya or their respective content providers. All software used on the Website is the sole property of ashaya or those supplying the software. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ashaya’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

 

The Website
Section 8 – Third-Party Links
Certain content, Products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, Products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

 

Section 9 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

Section 11 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

 

Section 12 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

 

Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Except as expressly stated herein, ashaya makes no representations or warranties, either express or implied, of any kind with respect to Products sold on the Website. except as expressly stated herein, ashaya expressly disclaims all warranties, express or implied, of any kind with respect to Products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the 'consumer guarantees' outlined in the Australian Consumer Law (found at:www.accc.gov.au). You agree that the sole and exclusive maximum liability to ashaya arising from any Product sold on the Website shall be the price of the Product ordered. In no event shall ashaya, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to Product sold.

To the extent possible under Law, where the Australian Consumer Law applies ashaya’s responsibility to you for a defective goods is to replace or refund the Product. 

In no case shall ashaya Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Products procured using the service, or for any other claim related in any way to your use of the service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 14 – Indemnification
You agree to indemnify, defend and hold harmless ashaya Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Our Rights
ashaya may elect to electronically monitor areas of the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

Disputes 
Most issues can be resolved informally and efficiently by contacting our Customer Service team at [insert email]. You and ashaya agree that any dispute, claim or controversy arising out of or relating in any way to the Products, the Website, any Transaction or these Terms will be referred to and finally determined in a confidential arbitration in Australia. 

 

Section 15 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Section 17 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Section 18 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

Section 19 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – Contact Information 
For questions about the Terms of Service, please contact us.
Trade name: ashaya
info@ashaya.com.au 

 

Mobile Terms of Service

Last updated: Nov. 21, 2023

The ashaya mobile message service (the "Service") is operated by ashaya (“ashaya”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to ashaya’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ashaya through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ashaya. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to ashaya or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ashaya mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to ashaya or email info@ashaya.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.