These Terms of Use apply to:
In these Terms of Use, “vivaLAB”, “we”, “us” and “our” means Sapient Nutrition Pty Ltd ABN 19 645 588 530.
By accessing and using the Website and by subscribing to vivaBALANCE, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access the Website, subscribe to vivaBALANCE, or use any of our Services or Products.
We reserve the right to update or amend these Terms of Use at any time. If we do, we will notify all Subscribers by email at least 30 days before the changes take effect. We will notify Website Users by updating these Terms of Use on our Website. If you are a Subscriber and don’t agree with the amended Terms of Use, your option to end your vivaBALANCE subscription is described below in section 12. If you are a Website User and don’t agree with the amended Terms of Use, you can cease using the Website. Otherwise, if you continue to access and use the Website or our Services, you are confirming that you agree to the changes.
In order to subscribe to vivaBALANCE (including in accordance with these Terms of Use), you must be at least 18 years old, legally capable of entering into a binding contract.
As we ship within Australia only, you must also be an Australian resident.
If you wish to subscribe to vivaBALANCE, you will be required to complete an on-boarding process and create an account through www.vivalab.health. This will include creating a username and password.
You agree to provide us with accurate, complete and up to date information when creating your account and completing our customer on-boarding form. We accept no liability in the event that you fail to provide us with information that is accurate, complete and up to date.
You are responsible for maintaining the security and confidentiality of the user name and password for your account. If you become aware of or suspect any unauthorised use of your account by any other individual or any other breach of security, you must notify vivaLAB immediately. We are not liable for any loss or damage from your failure to maintain the security of your account user name and password.
You must not, and must not permit any third party to, access, use or otherwise interact with the Website to, or in a manner that will, affect the security of your account (or the account of any other vivaLAB customer), such as by impersonating any person or entity or allowing a third party to log in to your account and access the Services as you.
We may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your account and use of the Services.
Your vivaBALANCE subscription is an ongoing subscription to a vivaBALANCE Precision Nutrition Plan.
Each cycle of the vivaBALANCE Precision Nutrition Plan occurs over six 30-day periods (180 days).
The first cycle of the Precision Nutrition Plan comprises:
As part of your vivaBALANCE subscription, you will be sent a vivaBALANCE test kit. vivaLAB tracks the delivery of your test kit to you, and will promptly send a new test kit if tracking indicates that delivery was not successful.
If delivery was successful but you let us know that you need a new test kit for whatever reason, then:
We give you a reply paid envelope for you to send back your samples. You need to register the return of your samples via your myVIVA account when you post your samples to us.
For you to receive the benefits of your subscription, we need your engagement. If you do not register the return of your samples within 2 months of delivery of the test kit, then you will be reminded to return your samples. If you fail to return the samples within 14 days of the reminder, you will be deemed to have cancelled your subscription and section 11 below applies.
The vivaBALANCE subscription includes recommendations to you about your suitability for, and the potential benefits to you of, certain products or types of products (including third party products and our vivaLAB branded Products) based on information that you provide to us, and information which we determine about you through tests that we conduct with your consent and using biological samples that you provide to us (Recommendations).
We make sure that the Recommendations are provided with reasonable care based on:
You acknowledge and agree that any Recommendations that we provide to you as part of our Services:
Any decision by you to use any product that we have recommended in our Recommendations is yours, and provided we fulfil our Commitment, you otherwise take full and total responsibility for the outcome of any such decision. Before using any product that we have recommended in our Recommendations, vivaLAB encourages you to:
However, if you choose not to use a product, then subject to these Terms of Use and applicable law, you are not entitled to a refund.
The information provided to you as part of our Services (as part of a Recommendation or otherwise) is not intended or implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. You should always read the label and use products only as directed.
As part of your vivaBALANCE subscription, you will be sent supplement packs. vivaLAB tracks the delivery of your supplement packs to you, and will promptly send replacement supplement packs if tracking indicates that delivery was not successful.
If there are any issues with delivery or the supplement packs, let us know promptly by email to customer.service@vivalab.health so we can try to assist you. Where there are any issues for which we are responsible, we will rectify those issues. We are not responsible for any issues that arise after the supplement packs are successfully delivered to you.
Your first vivaBALANCE subscription payment (for the first 30 days) is deducted from your nominated credit card on the day that you sign up for your subscription. Each subsequent payment is automatically deducted from your nominated credit card every 30 days. It is a condition of us supplying our Services to you that you:
By subscribing to vivaBALANCE, you authorise us to debit your nominated credit card in accordance with this section and these Terms of Use. You must keep your credit card details up to date, and notify us if they change.
If you notify us that you wish to cancel a direct debit authorisation, we will process that request within 7 days. If you do not provide us with a new direct debit authorisation to replace a cancelled, expired or invalid direct debit authorisation within 7 days after we notify you that one is required, we may suspend your subscription until such time as you provide us with a new direct debit authorisation.
If you fail to provide us with a new direct debit authorisation within 30 days after we notify you that one is required, we may cancel your subscription and section 14 applies.
If you have any issues with payment, please contact us at customer.service@vivalab.health.
ANZ Worldline is our payments provider, and is responsible for storing your credit card details securely. We do not hold your credit card details.
The initial fees for the vivaBALANCE subscription are the fees set out on our Website at the time you subscribe.
All of our prices are in Australian dollars unless otherwise stated, and inclusive of GST that we may charge you in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
vivaLAB may change the vivaBALANCE subscription fees from time to time. We will notify you by email of any increase at least 30 days prior to it taking effect.
If you don’t agree with the amended fees, your option to cancel your vivaBALANCE subscription is described below in sections 12.
Where you fail to register the return of your sample as described in section 5 above, your subscription is deemed to be cancelled.
From the effective date of cancellation, we will cease providing the Services to you and we will not charge you any further subscription fees.
Your vivaBALANCE subscription continues until you cancel it.
You may cancel your subscription at any time through your myVIVA account.
From the date you cancel, we will cease providing the Services to you and (except as specified above) we will not charge you any further subscription fees.
We may cancel your subscription if:
To the extent permitted by law, during each cycle of your subscription (each 180-day period), our aggregate liability to you, whether in contract, tort (including negligence) or otherwise in connection with these Terms of Use is limited to the subscription fees for that cycle of your subscription.
Nothing in this clause limits our liability for gross negligence, fraud, criminal conduct or wilful misconduct, or where liability is not permitted to be limited by law.
You agree to only use the Website in accordance with these Terms of Use and applicable laws. You may be held personally liable if you use the Website in a way that is unlawful.
You must not, and must not permit any third party to, access, use or otherwise interact with the Website to, or in a manner that will:
We use reasonable efforts to make sure that you can access and use the Website at all times. Despite our efforts however, the Website may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to it. We will not be responsible to you or anyone else if those things occur.
Subject to any rights you have under the Australian Consumer Law, your use of the Website is at your own risk, and the Website is provided to you “as is” and “as available”.
In relation to content on our Website that is not a description of the Services or its price (General Content), we use reasonable endeavours to ensure that it is accurate and up-to-date. However, we cannot guarantee the accuracy, currency or completeness of the General Content provided, particularly where that General Content is provided by third parties, and we accept no responsibility for errors in the General Content at any time. We do not guarantee that materials accessible on or through the Website will be free from errors, viruses, worms or other harmful code.
We reserve the right to alter or suspend any aspect of the Website at any time, provided that, where you are a Subscriber, it does not materially adversely impact your vivaBALANCE subscription. The information contained on our Website is not intended or implied to be a substitute for professional medical advice. Any images on our Website are for illustrative purposes only, and may not be an exact image of any actual Product.
The content provided by us on the Website and through our Services, including the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website, and the information included in our Recommendations (Content), and all the intellectual property rights in such Content, are owned or licensed by vivaLAB and are protected by applicable copyright and other laws.
You must not infringe vivaLAB’s intellectual property rights or those of any third party in your access to and use of the Content.
Unless specifically permitted by us, you must only access, download and use the Content for your own personal and non-commercial purposes, and must not otherwise use, copy, reproduce, modify, publish or transmit any Content without our prior written consent. You must not remove any copyright, trade mark or similar notices from any Content.
The Website and the Content may feature trade marks which are protected by law. You must not use any VivaLAB trade marks without our prior written consent, except to legitimately identify vivaLAB.
Nothing contained on the Website or in these Terms of Use should be construed as granting any licence or right to use the intellectual property in any Content (other than as set out above) without the express written permission of vivaLAB or the relevant owner.
Please be aware that any testimonials on the Website may not reflect the results that you achieve. Results may vary and your experience may not be similar to the experiences described in any user testimonials.
The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via the Website may not be secure and you should use discretion in deciding what information you send to us via those means. Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. However, we do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
The Website may contain links to other websites and may display content or information from such other websites within frames. We are not responsible or liable for third party content or information, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose. Your access to and use of those websites is at your own risk. Any links are for convenience only, and do not indicate any endorsement or recommendation by us.
Any personal information collected by us through your use of the Website or Services (including the personal information you provide to us when you complete the customer on-boarding form) will be handled in accordance with our Privacy Policy, which is available at https://www.vivalab.health/legal/privacy-policy. Please read that document before you provide any personal information to us. We may also use cookies to identify your computer on our server and so we can track your use of the Website. In some instances, cookies may collect and store information about you. Such information will be used by us in accordance with our Privacy Policy. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
This clause does not affect vivaLAB’s liability to Subscribers in relation to vivaBALANCE subscriptions, which is subject to section 15.
To the maximum extent permitted by law, vivaLAB and each of its directors, officers, employees and agents exclude all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you may suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) the Website, and you release us from all such claims and liability.
Nothing in these Terms of Use restricts, excludes or modifies any right that cannot be excluded by us under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the maximum extent permitted by law, limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services, or paying the cost of such replacement or resupply. 25No waiver We reserve all of our rights under these Terms of Use and any applicable laws. Our non-enforcement of any particular provision of these Terms of Use or any applicable law at any time will not be treated as a waiver of our right to do so under the same or different circumstances in the future.
If any provision of these Terms of Use is invalid or unenforceable in any relevant jurisdiction, then to the extent it is invalid or unenforceable it will be severed from these Terms of Use for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Service.
These Terms of Use will be governed by and construed in accordance with the laws in force in Victoria, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Although the Website may be accessible outside of Australia, we make no representation that the Website, or Content, Services or Products comply with the laws of any other country.
If you access the Website or any Services, Products or Content from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the Website, any Content or Services.
Last updated October 2024.
