MAY 2017

Welcome to ofreshsmile.com.au This website and domain name are owned and operated by BCF International Pty Ltd, Trading as OFRESH with ACN611 884 649 ('OFRESH').

Access to and use of this website and the products and services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Use"). By using the Services, you are agreeing to all of the Terms of Use, which, together with the Privacy Policy, may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.


1. Intellectual Property

1.1

  1. OFRESH and the OFRESH product Logo are trademarks of BCFI Ltd (“Trade Marks”). All materials on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned and copyrighted by, or registered trademarks of or licensed to OFRESH. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of OFRESH, or as permitted by law. All rights of OFRESH are reserved.
  2. Trademarks or any other intellectual property used on this website to describe or are otherwise attributed to third parties and their products is intellectual property of those third parties.

2. Linking and Third Party Content

2.1 You must not link to, frame or mirror any part of the website without OFRESH written authorisation.

2.2 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of OFRESH. OFRESH does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.


3. Terms of Sale

3.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange pages for further information.

3.2 In order to contract with OFRESH for any purchase in this website and registered to be one of the OFRESH account holder to enjoy the offer:

1. you must either be over 18 years of age and possess a valid PayPal account or credit card issued by a bank acceptable to us.

2. a Corporation must have a valid ACN in Australia and nominates a representative or representatives who possess a valid PayPal account or credit card issued a bank acceptable to us. OFRESH retains the right to refuse any request made by the representative.

3. A Dental Profession must have a valid membership of dental association in Australia and possess a valid PayPal account, credit card or debit card issued by a bank acceptable to us. OFRESH retains the right to refuse any request made by you.

3.3 You retain the responsibility to ensure compliance with the above and OFRESH absolves itself of any responsibility to ensure the same. OFRESH retains the right to refuse any request made by you if you fail to comply with any of the above

3.4 You will need to register an account to use some of the Services available to you on the Site. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data.


4. Our Contract

When you place an order, an acknowledgement e-mail confirming receipt of your order will be sent to the email provided by you. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your PayPal, credit card or debit card account.


5. Pricing and Availability

5.1 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible using the contact details provided by you and give you the option of reconfirming your order at the correct price or cancelling it. If no response is provided by you within 14 days of provision of notice, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

5.2 Where applicable, prices are inclusive of GST and are subject to change without notice. All prices will exclude delivery costs which will be charged on top of the product price; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. OFRESH provides no guarantee with respect to additional charges that may apply and imposed by third parties including but limited to bank fees, conversation fees, additional taxes or any other such charges validly applied to your purchase.

5.3 OFRESH will ensure that all information displayed on its website is correct and accurate but cannot guarantee the possibility of genuine typographical errors or other errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

5.4 Please check the availability of the item you wish to purchase. All in stock items are promoted in good faith to be available at our warehouse at the time the order is received.


6. Product Descriptions

In describing the products available to purchase online, OFRESH attempts to be as accurate as possible. However, OFRESH does not warrant that product descriptions or other content of any OFRESH Services are accurate, complete, reliable, current, or error-free. If a product offered by OFRESH itself is not as described, your sole remedy is to return it in unused or unopened condition or as otherwise permitted by law.


7. Payment

7.1 Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

7.2 If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.


8. Discount / Promo Offers

8.1 We may from time to time offer promotional discount offers which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount offer will be specified at the time of issue.

8.2 Eligibility may also be based on meeting a minimum spend requirement or being the account holder of OFRESH program. When entered on the shopping cart page, the appropriate discount is deducted from the cart total or an offer, that is, a free gift with purchase, is applied.

8.3 In some cases the promotion will apply automatically, without the need for a promo or discount codeto be entered. An example is free delivery for spending over a certain amount or offered to loyalty customers.

8.4 Please note that some discount / promo offers may have a restricted usage for a particular product, at specific time period and may not be combined with other promotions. OFRESH reserve the right to modify or cancel the discount / promo offers at any time at their discretion.

8.5 Where a refund is issued on an order containing a discount or promo offer, the refund will match the amount tendered, net of the promo offer discount.

8.6 Where “free delivery” is specified, the method of delivery will be at OFRESH’s absolute discretion.

8.7 Notwithstanding the above, OFRESH solely retains the right to determine all terms and conditions with respect to promotions, discounts, special offers or any other form of alteration of the advertised price or purchase conditions of any products at any time without notice and will take all reasonable measures to communicate any such alteration via the website.


9. Returns, Refunds & Exchanges

9.1 OFRESH offers a wide range of oral hygiene products and does not accept returned items due to hygienic reasons subject to its rights and responsibilities in accordance with any applicable legislation including but not limited to the Australian Consumer Law.

9.2 You are entitled to a refund for items purchased from OFRESH if the item is faulty, not of merchantable quality or not fit for its purpose, specifically if the item is:

(a) faulty and the fault or defect was not pointed out to you before you purchased it or would not have been apparent to you when you inspected the goods before purchase; or

(b) not ‘of merchantable quality’, meaning that it is not of the quality that you reasonably expected when you purchased it, bearing in mind the way the item was described to you before your purchase and also the price of the item; or

(c) not fit for its purpose, meaning that the item does not do what you reasonably expected it would; and

you return the item within a reasonable time after purchase and provide OFRESH with proof of purchase, such as your original OFRESH receipt or bank statement.

Any request for a refund should be made to OFRESH by email to info@ofreshsmile.com.au within 14 days of receipt of your order and include details of the defect, fault or other reason for the request for refund as well as photographs in support where appropriate.

If you do not return the item within a reasonable time, you will not be entitled to a refund at the purchase price but you will be entitled to exchange the goods or have them repaired.

OFRESH reserves the right to ask you to demonstrate that you did not cause or create the fault in the item.

OFRESH is aware of its responsibilities and rights under the Australian Consumer Law and its liability is limited by the provisions contained within the Australian Consumer Law.

OFRESH is not legally obliged to give refunds of the purchase price or gift cards on items or exchange them simply because you have changed your mind about the purchase.


10. Delivery

10.1 Please take care to ensure accuracy when entering the delivery address for your order; especially where orders are addresses to a gift recipient. Unfortunately, we are unable to redirect parcels once they have left our fulfilment centre. Where the shipping address differs from the billing address, please ensure permission is obtained for the disclosure of personal information under the Privacy Act for third party recipients. OFRESH cannot and does not accept responsibility for delay, loss, damage or other events that may occur as a result of action taken by third party recipients.

10.2 Upon receiving an order with payment confirmation, OFRESH will try their best to dispatch the purchased items within -3 business days subject to the items’ availability in its fulfilment centre. Orders for out of stock items will be sent around -7 business days of their arrival at our fulfilment centre from our suppliers.

10.3 The Authority To Leave (“ATL”) service allows either our courier or Australia Post to leave the parcel in a secure location if a signature cannot be obtained for delivery. Please note that the ATL service may not be available to buildings with a security entrance. In these case, a card will be left with instructions. We cannot accept responsibility for parcels lost or damaged where the item has been left in accordance with an ATL as requested.

10.4 For delivery to company addresses or workplaces, the company name and floor/level must be included in the address details.


11. Your conduct

11.1 You must not:

  1. use the website in breach of any applicable laws or regulations;
  2. use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
  3. interfere with, disrupt, or create an undue burden on the website;
  4. By any means copy, reproduce republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website
  5. upload, post, transmit or otherwise make available any material that:
    a. is not your original work, or which may infringe the intellectual property or other rights of another person;
    b. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    c. includes an image or personal information of another person unless you have their consent;
    d. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
    e. contains large amounts of untargeted, unwanted or repetitive content; or
    f. contains financial, legal, medical or other professional advice.
  6. Interfere with any other persons use or enjoyment of the Website; and
  7. Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such Content.
  8. If you believe that a user has breached any of the above conditions, please contact us.
  9. Any conduct done by you that infringes upon the above may result in cancellation of account or orders made by you at the discretion of OFRESH.

11.2

OFRESH reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. Subject to the Privacy Act 1988 (Cth), Australian Consumer Law and any other applicable statutory authority, by uploading, transmitting, posting or otherwise making available any material via the website, you grant OFRESH a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.

11.3

OFRESH is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person or entity other than OFRESH. OFRESH does not endorse any opinion, advice or statement made by any person or entity other than OFRESH.

11.4

You agree to indemnify OFRESH and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of OFRESH in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.


12. The Australian Consumer Law

OFRESH will ensure compliance with the Australian Consumer Law as contained within Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“the Australian Consumer Law”) with respect to all of its dealings in trade and commerce insofar as they are applicable to either party involved and within the jurisdiction of the Commonwealth of Australia and you agree to submit your rights and responsibilities to the same.

13. Warranties

OFRESH warrants that operation, maintenance and content of the website is compliant within the governing law jurisdiction and that use of the website is optimised for use within that jurisdiction, subject to the provisions of the terms.

OFRESH warrants that the products available for purchase on the website are optimised for and suitable for purchase and use within Australia according to Australia laws and regulations including but not limited to the Australian Consumer Law.

OLU makes no warranties in relation to use or purchase of the products outside of the governing law jurisdiction or in relation to use not intended by the product manufacturer as set out in the literature provided with product.

14. Disclaimer

By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify OFRESH for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

15. Risk of Loss

All items purchased from OFRESH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

16. Your Account

If you use any OFRESH Services, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. OFRESH assures that it will take all reasonable measures to protect your privacy and apply appropriate levels of security to protect information provided to it by you.

17. Outages

OFRESH reserves the right to cease, interrupt or withdraw your access to the site for any reason, including without limitation, for upgrades and maintenance of the site.

18. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our PRIVACY POLICY page. The Terms of Use are subject to OFRESH's Privacy Policy. By using the website, you agree to the Privacy Policy.

19. Jurisdiction

These terms and conditions are governed by the state laws of Victoria and the federal laws of the Commonwealth of Australia.

20. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by OLU to act or enforce these Terms immediately will not be considered a waiver of OLU’s right to take any such action.

21. Contact

The website and its contents are owned and operated by BCF International Pty Ltd. If you have any queries regarding these terms and conditions, please contact us at info@ofreshsmile.com.au or at PO Box 7011, 1445 Malvern Road, Glen Iris VIC 3146, Australia or by phone on 1800 940 888.



PRIVACY POLICY


BCF International Pty Ltd trading as “OFRESH” ("we", "us", "our") is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth).
We value our customer’s privacy and are committed to protecting your personal information. This Privacy Policy explains how we manage your personal information, including our obligations and your rights in respect of our dealings with your personal information.

1. PERSONAL INFORMATION

We collect and hold personal information that is reasonably necessary for, or directly related to, one or more of our functions or activities as a company. This information may include (as well as any other information you may supply us):

  • your name and date of birth;
  • your contact details including residential address and all delivery addresses;
  • your purchase history and date and time you access our websites;
  • your server address from which you access the internet and/or the internet address of the websites from which your visit originated.

OFRESH only collects sensitive information where it is reasonably necessary for our activities and either you have consented, or we are required or authorised by law to do so. The determination of whether information is deemed to be of a sensitive nature is to be made by OFRESH at its discretion unless otherwise determined by an official body with appropriate authority.

    2. COLLECTION AND USE

    Purpose We collect and use personal information about you so that we can provide you with improved services and benefits in connection with our services to you. We collect only information that you give us, and information from our website, such as page visits and browsing information. When you register, or otherwise give us personal information, we may share that information with third party contractors or service providers. We use your personal information for the following purposes:

    • To ensure our site is relevant to your needs.
    • To deliver services, such as goods, clothing alterations, newsletters, events, and relevant information.
    • To help us create and publish content most relevant to you.
    • To allow you access to limited-entry areas of our site as appropriate.

    No attempts are made to identify individuals browsing the site. The data captured is used so that we can accurately evaluate the content of the site and make improvements.

    Method of collection We only collect personal information by lawful and fair means. We generally collect personal information directly from you. This information will generally come from what has been provided in your purchase online, through our contact with you over email, messenger, telephone to complete an order, your entry form for a competition, customer service queries or other purchase related activities.

    Unsolicited information If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law if we had requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.

    Who we may share your personal information with We may share your personal information with third parties where appropriate for the purposes set out above, including:

    (a) financial institutions for payment processing

    (b) referees whose details are provided to us by job applicants (where applicable)

    (c) OFRESH’s contracted service providers or partners, including: overseas and local agents, delivery and shipping providers, information technology service providers, marketing and communications agencies, research and statistical analysis providers, hard copy and electronic mail houses, manufacturers and suppliers, external business advisers (such as recruitment advisors, auditors and lawyers).

    (d) regulatory, investigative or government bodies to comply with laws.

    We may ask one of these third parties to contact you directly for a specific purpose, and provide us with information collected from you in the course of providing the relevant products or services.

    Overseas Disclosure We may disclose your personal information to third parties and service providers located overseas in connection with a purpose. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

    We may disclose your personal information to the following locations:

    (a) each country which you nominate as a delivery address – for order fulfilment (if not within Australia), if you have ordered products from our online store and require delivery to an address in a foreign country.

    (b) to overseas recipients or jurisdictions depending on the nature of the services those recipients provide to OFRESH (for example storing data via a cloud service, or servers located overseas).

    3. WEBSITE

    If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided below, as there are other ways for you to provide us with your personal information.

    Visiting our website Anytime you access an unsecured part of our website, that is, a public page that does not require you to log on, we will collect personal information about your visit. Our website also includes a number of forms, including competition entry forms, which may require you to enter your personal details. If you save the data you enter on the form, this information will be stored.

    Cookies A "cookie" is a small text file which is placed on your internet browser and which we access each time you visit our website. When you visit the secured pages of our website (ie pages that you have to provide login details to access) we use cookies for security and personalisation purposes. When you visit the unsecured pages of our website (ie public pages that you can access without providing login details) we use cookies to obtain information about how our website is being used. You may change the settings on your browser to reject cookies, however doing so will prevent you from accessing the secured pages of our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types. OFRESH is not responsible for collection or use of information obtained by third parties by way of cookies.

    Email When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so. Your email address will only be used or disclosed for the purpose for which is was provided. It will not be added to any third party mailing lists or used for any other purpose without your consent.

    Security We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. Any data containing personal information which we transmit via the internet is encrypted. However, we cannot guarantee that any information transmitted via the internet by us, or yourself, is entirely secure. You use our website at your own risk.

    Links on our website Our website may contain links to third party websites. We advise that the terms of this Privacy Policy do not apply to external websites. If you wish to find out how any third parties handle your personal information, you will need to obtain a copy of their privacy policy.

    4. MARKETING

    We may use your personal information, including your contact details, to provide you with information about products and services, including those of third parties, which we consider may be of interest to you. We may also provide your details to other organisations for specific marketing purposes.

    You may opt out at any time if you no longer wish to receive marketing information. In order to do so, you will need to request that we no longer send marketing materials to you or disclose your information to other organisations for marketing purposes. You can make this request by using the contact details provided below, by following the "unsubscribing" link from email marketing messages or by logging in to your OFRESH account and going to the Profile Page in My Account.

    5. DISCLOSURE

    In general, we do not use or disclose your personal information for a purpose other than:

    • a purpose set out in this Privacy Policy;
    • a purpose you would reasonably expect;
    • a purpose required or permitted by law; or
    • a purpose otherwise disclosed to you to which you have consented.

    In order to process your order and deliver your purchases, we may disclose your personal information to third parties and our service providers. This includes companies who handle our order dispatch service and our delivery company. Your contact telephone number will be passed on to our courier company who may contact you by phone or text message in order to update you on the delivery date or time of your order.

    We will only provide these companies with the information which they need to carry out their jobs. They will only be allowed to use your information in the way in which we tell them, and they will not be entitled to use it in their own right. We take all reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations with respect to the protection of your personal information. We may disclose your personal information to companies that are associated with us overseas.

    6. ACCESS

    You may request access to the personal information that we hold about you by using the contact details provided above. We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access. We may recover reasonable costs in relation to a request for access to personal information.

    7. ACCURACY

    We take reasonable steps to make sure that the personal information we collect is accurate, up-to-date and complete. We take reasonable steps to make sure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. Where we believe that the personal information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information. You may also request that we correct your personal information that we hold by contacting us by using the contact details provided above. We will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.

    We will deal with your request to correct your personal information within a reasonable time. If we do not agree with the corrections you have requested, we are not obliged to alter your personal information accordingly. However, where we refuse to correct any personal information as requested by you, we will give you a written notice which sets out the reasons for our refusal.

    8. SECURITY

    OFRESH may hold your personal information in paper-based and electronic files as necessary. We require the administrators of our website to take all reasonable steps to ensure that your personal information which is kept in our files is protected from:

    • misuse, interference and loss; and
    • unauthorised access, modification or disclosure.

    This means that, in respect of our paper-based files, the administrator maintains various security systems on its premises, and in respect of its electronic files, it maintains secure electronic network systems. When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.

    9. QUESTIONS AND COMPLAINTS

    If you have any questions, concerns or complaints about this Privacy Policy, or our use of your personal information, please contact the Privacy Officer using the contact details provided above. You can also contact the Privacy Officer if you believe that the privacy of your personal information has been compromised or is not adequately protected at the contact details below:

    10. PRIVACY OFFICER

    OFRESH, PO Box 7011, 1445 Malvern Road, Glen Iris VIC 3146, Australia. Once your query has been lodged, the Privacy Officer will respond to you as soon as possible. If you are unsuccessful in getting in contact with us, you may also contact the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: enquiries@oaic.gov.au.