General Terms and Conditions

These terms and conditions of use (“Conditions of Use”) set out the conditions applicable to your use of, including your acquisition of products or services through, this Website which is operated under the domain names www.endeavourconsumer.com; www.endeavourconsumer.co.nz and www.endeavourconsumer.com.au (“Website”) by or for Endeavour Consumer CH Pty Ltd (in Australia) and Endeavour Consumer Health Limited (in New Zealand) both trading as Endeavour Consumer Health (“Endeavour”). Endeavour may amend these Conditions of Use at any time by posting the amended terms on this Website which you acknowledge shall constitute sufficient notice to you thereof.

These Conditions of Use were last amended on 9 May 2019.

Acceptance of terms

You acknowledge and accept that by using this Website, you agree to be bound by these Conditions of Use. If you do not agree with any of these terms, do not use this Website.

If you acquire goods or services via the Website, Endeavour’s standard terms of trade will apply to the sale.

Copyright

Unless expressly indicated to the contrary, Endeavour or its licensors own copyright in all texts, graphics and layouts (“Material”) on this Website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this Website. You acknowledge that you do not acquire any ownership rights by downloading Material from this Website.

Reproduction

You may reproduce in whole or in part the Material only if:

  • the reproduction is not for public or commercial purposes; and
  • you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Endeavour as the copyright owner or licensee of the work.

Hotlinks

You may provide hypertext links to this Website from any other website, unless we request you to remove such hypertext links. You are not authorised to represent that Endeavour endorses or otherwise approves of the other website, the content on the other website or the operator of the other website.

We do not warrant the accuracy of any hypertext links provided by us, nor the suitability of any Material located at such websites.

Cookies

Each time someone visits the Website, we may collect the following information:

  • the number of users who visit;
  • the date and time of users;
  • the number of pages viewed;
  • how users navigate the site does not identify personal information regarding individuals browsing the site. The data captured is used so that Endeavour can accurately evaluate the content of the website and make improvements.

We use cookies when you visit our site. Cookies are small pieces of information which can be stored on your hard drive. They record information about your visit to the site. Most web browsers can be configured to notify you when a cookie is received, allowing you to either accept it or reject it. You may inspect cookies on your hard drive and delete them. If you disable the use of cookies or remove them, you may not be able to gain access to all of the content and facilities of the Website. The cookies we send to your computer cannot in any way read your hard drive, obtain any information from your browser or direct your computer to perform any specific actions. They are not designed to be sent to another site, and/or be retrieved by another site.

Trade marks

Endeavour or its licensors are the owner of various registered and unregistered trade marks in a number of jurisdictions including Australia and New Zealand, including the Endeavour Consumer Health logo (“Endeavour Trade Marks”). Endeavour Trade Marks must not be used by you or any other person except as part of an authorised reproduction of the Material. You must not modify, or permit the modification of, the Endeavour Trade Marks. Nothing contained in this Website should be construed as granting any licence or right to use any Endeavour Trade Mark displayed on this Website, without the written permission of Endeavour or its licensors.

Disclaimer

You agree that your use of this Website (including downloading Material) is at your sole risk.

The Material on this Website is intended to provide general information only and may not be accurate or current. Material is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Endeavour, its related companies and their suppliers do not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any Material on this Website including, without limitation, the prices of products or services contained on or accessible through this Website, or that access to this Website will be uninterrupted, timely or secure. To the extent permitted by applicable law, in no event shall Endeavour, its related companies and their suppliers be liable for any damages of any kind related to the completeness, timeliness, suitability or accuracy of any Material.

This Website may contain hypertext links, frames or other references to websites operated by third parties (“Third Party Websites”). We cannot control the contents of Third Party Websites, and Endeavour and its related companies make no warranty about the completeness, timeliness, suitability, accuracy or subject matter of the Material located on Third Party Websites. We do not approve of, endorse, or sponsor any content or Material on Third Party Websites. Endeavour and its related companies make no warranties or representations that use of Material on Third Party Websites to which this Website is linked does not infringe the intellectual property rights of any person anywhere in the world.

We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in Material on Third Party Websites by linking to such Material or allowing such Material to link to this Website.

Limitation of liability

To the maximum extent permitted by law, under no circumstances will Endeavour or its related companies be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any Material on this Website or any Material on a Third Party Website, whether caused by the negligence of Endeavour or its related companies or otherwise.

Where any law implies in these Conditions of Use any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and

(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

Viruswarning

Endeavour and its related companies do not represent or warrant that any files obtained from or through this Website are free from computer viruses or other defects, including trojan horses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

Indemnity

You agree to defend, indemnify and hold Endeavour, its related companies and their directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this Website or the placement or transmission of any Material on this Website by you.

Revisions

Endeavour reserves the sole right to either change, modify, delete or add any Material on the Website or discontinue your access to the Website including any features on it at any time with or without notice to you. Endeavour is not liable to you or to any third party should it exercise such right. Modifications may include, but are not limited to, changes in the services and/or products listed and/or the prices of such services and/or products.
Endeavour may, in its sole discretion, terminate or suspend your access to all or part of this Website for any reason. Any suspected abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.

Concerns regarding Conditions of Use

Should you object to the Conditions of Use or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately terminate your use of this Website.

If you have any issues and/or questions with these Conditions of Use or any rule, policy, guideline or practice which Endeavour uses to operate this Website, please contact us at Endeavour Consumer Health, Level 7, 737 Bourke Street, Docklands, Victoria, Australia, 3008 or +61 3 9918 5555.

EBOS Group Privacy Policy

Version date: April 2024

1. Introduction

1.1 Endeavour CH Pty Ltd (ACN 003 631 669) , Endeavour Consumer Health Limited (NZBN 9429031849104) and their related bodies corporate (“Endeavour”, “we”, “our” and “us”)  is committed to responsible privacy practices and to complying with all relevant privacy laws including:

(a) the Privacy Act 1988 (Cth) (“Privacy Act (AU)”) and
(b) the Privacy Act 2020 (NZ) (the Privacy Act (NZ),

in each case, unless stated otherwise, the “Privacy Act”, and in particular the privacy principles (“Privacy Principles”) and the Notifiable Data Breach schemes contained in each Privacy Act.

1.2 Where applicable, Endeavour will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act (AU) and any other applicable exemptions in the Privacy Act or other legislation.

1.3 This Privacy Policy sets out our policies on the management of personal information including how we collect and hold personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our websites in Australia (endeavourconsumer.com.au/privacy-policy/) and New Zealand (endeavourconsumer.co.nz/privacy-policy/).

1.4 Where it is practical for us to allow you to do so, you may deal with us anonymously (for example when enquiring generally about our products and services).

2. What is personal information?

2.1 In this Privacy Policy, “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is or can be reasonably identifiable.

3. What types of personal information does Endeavour collect?

3.1 The types of personal information Endeavour collects from you depends on the circumstances in which the information is collected.

3.2 Endeavour may collect contact details including your name, occupation, address, email address, buying habits, phone number and your date of birth. We may collect answers you provide to questions we ask and other information in relation to your dealings with Endeavour. If you purchase products or services from us, we may also collect certain transactional information and financial details to process the transaction.

3.3  If you are an individual contractor to Endeavour, in addition to the information referred to in section 3.2 we may also collect information relevant to your engagement with Endeavour including qualifications, resume, reference information from your nominated referees, tax file number, bank details, feedback from supervisors and training records.

3.4 When you use our websites, we may collect website usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the web site that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in.

3.5  In addition to the types of personal information identified above, Endeavour may collect personal information as otherwise permitted or required by law.

4. How do we collect and hold your personal information?

4.1 Endeavour collects personal information in a number of ways. The most common ways we collect your personal information are:

  • directly from you when you provide it to us or our agents or contractors;
  • via our website or when you deal with us online (including through our social media pages);
  • if you are an individual contractor to Endeavour, from your employer or recruitment agency;
  • from publicly available sources;
  • from credit reporting agencies;
  • from our related companies; and
  • from third parties (for example, from referees if you apply for a position as an employee or contractor with us).

4.2  Most of the information that we hold about you will usually be stored electronically.  We may store some of your information in secure data centres that are located in Australia or in other secure data centres of our contracted service providers (including cloud storage providers) that may be located outside of Australia. We may also store information that we hold about you securely in paper files or other hardcopy formats.

5. For what purposes do we collect, use and disclose your personal information?

5.1 The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it.  Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.

5.2  We may use or disclose your personal information:

  • for the purposes for which we collected it (and certain secondary purposes where permitted by law);
  • for other purposes to which you have consented; and
  • as otherwise authorised or required by law.

5.3 In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.

5.4  Some of the specific purposes for which we collect, use and disclose personal information are:

  • to respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us);
  • to provide goods or services to you, to assist a health professional or service provider to provide you with certain services (e.g. health services) or to receive goods or services from you;
  • to administer and manage services, including charging, billing and collecting debts;
  • to enable you to participate in any loyalty programs, competitions and promotions that we conduct;
  • to improve our products and services and keep you up to date on such improvements;
  • to understand our customer base and help tailor our products and services;
  • to allow performance reporting and benchmarking, if applicable;
  • to contact you (directly or through our service providers) to obtain your feedback, to find out your level of satisfaction with our products and services and for other market research activities;
  • to verify your identity;
  • to address any issues or complaints that we or you have regarding our relationship; and
  • to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone, by fax or in any other lawful manner.

5.5 We may also use and disclose your personal information for the purpose of direct marketing to you where:

  • you have consented to us doing so; or
  • it is otherwise permitted by law.

5.6  Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you and to provide you with special offers.  Direct marketing can be delivered by a range of methods including mail, fax, telephone, email or SMS.  You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

6. What happens if you don’t provide personal information?

6.1 Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with products and services that depend on the collection of that information.

7. To whom do we disclose personal information?

7.1 We may disclose your personal information to third parties in connection with the purposes described in section 5 of this Privacy Policy.

7.2 This may include disclosing your personal information to the following types of third parties:

  • our related companies;
  • our contractors and other third parties that provide goods and services to us (including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, loyalty program administrators and other IT suppliers);
  • our accountants, insurers, lawyers, auditors and other professional advisers;
  • government and regulatory authorities, courts, tribunals and other bodies as required or authorised by law;
  • in an emergency, to medical and health service providers;
  • any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
  • in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
  • carefully selected third parties with whom we have data sharing arrangements;
  • third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
  • otherwise as permitted or required by law.

7.3  Where we disclose your personal information to third parties we will take reasonable steps to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles and relevant health records legislation (e.g. by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information).

7.4  If you post information to public parts of our websites or to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public.  You should use discretion in deciding what information you upload to such sites.

8. Disclosure of information outside the State/Territory of collection 

8.1 Some of the third parties to whom we disclose personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, we may disclose personal information to our related companies overseas and to our overseas service providers.

8.2  In the ordinary course of business, we may disclose personal information to third party providers based overseas, or that need to access, store or transfer personal information overseas.

8.3  Except in some cases where we may rely on an exception under the Privacy Act (AU) or other law, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in relation to such information.

8.4 In respect of personal information collected or held in New Zealand, we will only disclose that information to a third party outside New Zealand if we reasonably believe that the recipient of the information is subject to comparable safeguards to those in the Privacy Act (NZ).  If your personal information will not be protected by comparable safeguards to those in the Privacy Act (NZ), we will tell you that this is the case, and only disclose your personal information with your consent.

9. How do we protect personal information?

9.1  Endeavour will take reasonable steps to keep any personal information we hold about you secure. Please notify us immediately if you become aware of any breach of security.

10. Accuracy of the personal information we hold

10.1 We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.

10.2  You may contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information. Our contact details are set out in section 14 of this Privacy Policy.

11. Links, cookies and use of Endeavour websites and applications

11.1 Our websites may contain links to other sites. This Privacy Policy applies to our websites and not any linked sites which are not operated or controlled by Endeavour. We encourage you to read the privacy policy of each website that collects your personal information.

11.2 We use “cookies” and similar technology on its websites and in other technology applications. The use of such technologies is an industry standard, and helps us monitor the effectiveness of our advertising and how visitors use our websites/applications.  We use such technologies to generate statistics, measure your activity, improve the usefulness of our websites/applications and to enhance the “customer” experience.

11.3 If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, our websites may not function properly or optimally if cookies have been turned off.

12. How can you access and correct personal information we hold about you?

12.1 You may seek access to personal information which Endeavour holds about you by contacting us as described in section 14 of this Privacy Policy.  We will provide access to that information in accordance with the Privacy Act and health records legislation, subject to certain exemptions which may apply.  We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.

12.2  If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us (see section 14 of this Privacy Policy).

13. Queries, comments and complaints about our handling of personal information

13.1 If you have any questions, comments or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy, the Privacy Act or other applicable privacy legislation, please contact us (see section 14 of this Privacy Policy).

13.2  When contacting us please provide as much detail as possible in relation to your question, comment or complaint.

13.3 Endeavour will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner.  We request that you cooperate with us during this process and provide us with any relevant information that we may need.

13.4 If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information) or other relevant regulators.

14. How can you contact us?

14.1 Please address all privacy complaints and requests to update or access information to:

Attention: Privacy Officer

EBOS Group Ltd Level 7

737 Bourke Street

Docklands, VIC 3008

OR

[email protected]

Any requests to access, update or correct your health information should be made in writing.

14.2  To unsubscribe from our direct marketing, you can also contact us at [email protected] and set out the contact details that you no longer want used for direct marketing.