Terms & Conditions

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER BE ULTRA WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BE ULTRA PTY LTD.

This website located at www.beultra.com.au (the “Website”) is owned and operated by Be Ultra (Australia), Inc. and its affiliates (collectively “Be Ultra” or “we”). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Be Ultra, and governs your access to and use of any Be Ultra Website, any order you place through an Be Ultra website and your use or attempted use of our products and services (collectively, “Your Use”).

By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Eligibility

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

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.

Automatic Renewal Terms

If you are placing an order online as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every twenty eight (28) days or 4 weeks thereafter.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CANCELLING THROUGH THE PROCESS AS OUTLINED ON THE WEBSITE UNDER YOUR ACCOUNT DETAILS. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by updating your account details as per the instructions and process outlined on the Website within your account.

Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also contact our support service online via our website. Be Ultra will refund your payment when your product is timely returned (with an authorized return order number and approval as per our return policy) or cancelled, and within seven (7) business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.

Products and Services

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.

We 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 color 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.

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.

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 may attempt to 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User-Generated Content

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.

Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Be Ultra a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Be Ultra and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Be Ultra is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Be Ultra has the right, but not the obligation, to monitor and edit or remove any activity or content. Be Ultra takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;

(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Be Ultra pending trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Be Ultra’ express written consent;

(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

(f) not to use meta tags or any other “hidden text” utilizing a Be Ultra name, pending trademark, or product name without Be Ultra’ express written consent;

(g) not to deeplink to the Website without Be Ultra’ express written consent;

(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

(i) not use the Website to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Be Ultra, including that any product submission you may make to Be Ultra will not be held in confidence by Be Ultra and is not proprietary, that Be Ultra may use the product submission and any aspect thereof for any purposes in Be Ultra’ sole discretion; and

(m) to comply with all applicable laws regarding your use of the Website.

Protection of Intellectual Property Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Be Ultra’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Health Disclaimer Regarding Information Provided on the Website

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY Be Ultra PRODUCTS.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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.

Disclaimer of Warranties With Respect to Use of the Website

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Be Ultra EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Be Ultra DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. Be Ultra MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Be Ultra OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Links to Other Websites That Be Ultra Does Not Control

The Website may provide links to other websites or resources, including advertisers, over which Be Ultra has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Be Ultra of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Be Ultra makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Be Ultra has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Disclaimer of warranty; 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.

In no case shall Be Ultra, 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.ties; Limitation of Liability

Purchasing Items from Us

Product Representations. Be Ultra reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. Be Ultra takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Be Ultra does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. Be Ultra’ descriptions of, or references to, products not owned by Be Ultra do not imply endorsement of that product, or constitute a warranty by Be Ultra.

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance. If you order a product, payment must be received by Be Ultra prior to Be Ultra’ acceptance of the order. Be Ultra may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Be Ultra only accepts orders for personal use. You cannot resell items offered on the Website. If Be Ultra discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Be Ultra will also report you to federal, state and/or local enforcements authorities.

Shipping and Risk of Loss. Be Ultra will add applicable shipping and handling fees to your order. Unless otherwise noted, Be Ultra will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Be Ultra may provide delivery or shipment timeframes or dates, you understand that those are Be Ultra’ good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Be Ultra will use reasonable good faith efforts to contact you. If Be Ultra cannot contact you or you no longer wish to receive the item, Be Ultra will cancel the order and promptly refund the amount tendered. Be Ultra may reject orders where the stated delivery address is outside the United States.

Sales Tax. In the United States, Be Ultra is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Be Ultra is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Be Ultra shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Be Ultra, or for any other reason that we, in our sole discretion, deem appropriate.

International Orders. Be Ultra may not directly sell certain Be Ultra products in any jurisdiction other than the United States of America and Canada, as these products may not be approved for sale in other jurisdictions. While Be Ultra may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

(a) You agree that the purchase of any Be Ultra products by you, as a non-U.S. resident, shall be (i) ex works Be Ultra’ facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
(b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
(c) You hereby expressly authorize and direct Be Ultra to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
(d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Be Ultra’ facilities in the United States to your foreign shipping address.

For Canadian Orders only: By ordering goods from Be Ultra, you hereby authorize a licensed Canadian customs broker chosen by Be Ultra to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to Be Ultra and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Be Ultra. You also authorize the customs broker to endorse any refund check issued by CBSA in your name so that Be Ultra can be reimbursed.

Electronic Communications, Signatures and Agreements

The information communicated on the Website constitutes an electronic communication. When you communicate with Be Ultra through the Website or via other forms of electronic media, such as e-mail, you are communicating with Be Ultra electronically. You agree that Be Ultra may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Be Ultra provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Be Ultra or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Be Ultra, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Be Ultra. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with Be Ultra

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Be Ultra are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Be Ultra, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Be Ultra. You acknowledge that by voluntarily providing your telephone numbers to Be Ultra, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Be Ultra relating to this Agreement, any purchase or transaction with Be Ultra, matters related to your account (including debt collection), and promotions regarding Be Ultra products. These communications may be made by or on behalf of Be Ultra, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Be Ultra will not be responsible for these charges.

Be Ultra may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Be Ultra notice within 30 days of any change to your contact information by emailing contact@beultra.com.au to Be Ultra Customer Service or emailing contact@beultra.com.au. Your consent to this communications provision is not required to make any purchase with Be Ultra.

Limitation on Be Ultra’ Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Be Ultra, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

Indemnification

Except where otherwise inapplicable or prohibited by law, you agree to indemnify and hold harmless Be Ultra, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.

Termination of Website

Be Ultra may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if Be Ultra reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Be Ultra may, in our discretion, cancel any outstanding orders for the product.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THIS WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST Be Ultra, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Be Ultra, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Be Ultra, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Be Ultra or any third party related to your use or attempted use of the products. You, Be Ultra, or any involved third party may pursue a Claim. Be Ultra agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Be Ultra. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Be Ultra both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Be Ultra will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Be Ultra, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by email to contact@beultra.com.au; Commencement of Arbitration. Except where otherwise prohibited by law, You and Be Ultra agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Be Ultra agree.

Applicable Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Be Ultra.

Arbitration Fees. Be Ultra shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if Be Ultra is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Be Ultra.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with Be Ultra, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. This provision is the entire arbitration agreement between you and Be Ultra and shall not be modified except in writing by Be Ultra.

Amendments. Be Ultra reserves the right to amend this arbitration provision at any time. Your continued use of any Be Ultra Website, purchase of an Be Ultra product, or use or attempted use of an Be Ultra product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Be Ultra will provide you notice. Your continued use of any Be Ultra Website, purchase of an Be Ultra product, or use or attempted use of an Be Ultra product, after receiving such notice is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A BE ULTRA PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO CONTACT@BEULTRA.COM.AU; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY BE ULTRA PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF BE ULTRA PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in Sydney, Australia, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for Be Ultra

Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to Be Ultra, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Be Ultra from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices

Be Ultra® is a pending trademark of Be Ultra (AUS), Inc. All other trademarks and service marks displayed on the Website are the property of Be Ultra or their respective owners. You may not use or display any trademarks or service marks owned by Be Ultra without Be Ultra’ prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

It is Be Ultra’ policy to respect the copyright and intellectual property rights of others. Be Ultra may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Be Ultra may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Be Ultra complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Be Ultra’ Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow Be Ultra to locate the material.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Be Ultra Refer-a-Friend Program Terms & Conditions

As an Be Ultra Refer a Friend member (a “Referrer”), you are subject to Be Ultra Terms & Conditions and Be Ultra Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Be Ultra Refer a Friend program:

Referrer. Anyone can refer a friend (a “Referred Customer”), regardless of if you are a new or existing Be Ultra customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address), as determined by Be Ultra sole discretion. Referrers can refer as many customers as they like.

Qualified Referral. A Qualified Referral is defined as a purchase made at www.beultra.com.au by a person (a "Referred Customer") who arrives to our website by clicking your unique Refer a Friend program link.

You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred customers must be a new customer with no prior purchases at www.beultra.com.au to be a Qualified Referral.
Referred customers must be using the USA/CAN/AUS checkout system. Be Ultra Refer a Friend promotions & rewards are not applicable to users on other storefronts.
Qualified Referrals are only accepted via the Be Ultra website. We will not accept referrals over phone, email, chat, or any other means of communication.

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete their first purchase at www.beultra.com.au. Referred Customer must have no prior purchases at www.beultra.com.au (new customers only).

Reward Payments. Rewards are delivered as a single, one-time-use promotional code for $15 off a future purchase.

One promotional code may be used towards one purchase at a time. You may not “stack” promotional codes or other offers.
Promotional codes may be redeemed at checkout on www.beultra.com.au by adding the unique code to the field prior to submitting payment.
Promotional codes may also be redeemed by Be Ultra subscribers within the Customer Portal.
1. Referrer must login to their Customer Portal, select to edit their “Next Order” and select “Have a promo code?” to reveal the field for input.
2. Once code is added to their “Next Order” it will automatically apply the $15 discount.
3. If Referrers have multiple codes to use, they must add each code after their previous order has shipped to apply it to their upcoming order.
Promotional codes will expire after one year
Rewards can only be used to purchase products on www.beultra.com.au and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in United States Dollars. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals in the US only. Be Ultra Refer-a-Friend Program cannot be used by businesses or corporations or for affiliate lead generation.

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Be Ultra Refer a Friend program.

Right to Close Accounts. Be Ultra reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Be Ultra Refer a Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. Be Ultra reserves the right to cancel the Refer a Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Other Important Terms

Be Ultra may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.

You acknowledge and understand that if Be Ultra is unable to provide the products as a result of an event outside of its control, Be Ultra will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Be Ultra. No delay by Be Ultra in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Be Ultra’ ability to subsequently exercise that right or remedy. These Terms of Use and Conditions of Purchase constitute the entire agreement between you and Be Ultra relating to the subject matter herein. Any waiver must be agreed to by Be Ultra in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

Questions about this Terms of Use should be sent to us at contact@beultra.com.au

Terms & Conditions

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER Be Ultra WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Be Ultra.

This website located at www.beultra.com.au (the “Website”) is owned and operated by Be Ultra (AUS), Inc. and its affiliates (collectively “Be Ultra” or “we”). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Be Ultra, and governs your access to and use of any Be Ultra Website, any order you place through an Be Ultra website and your use or attempted use of our products and services (collectively, “Your Use”).

By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Eligibility

Automatic Renewal Terms

If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website or by calling 1-888-390-4029.

Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service at 1-888-390-4029 for assistance. Be Ultra will refund your payment when your product is timely returned (with an authorized RMA number) or cancelled, and within seven (7) business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.

Reward Payments. Rewards are delivered as a single, one-time-use promotional code for $15 off a future purchase.

One promotional code may be used towards one purchase at a time. You may not “stack” promotional codes or other offers.
Promotional codes may be redeemed at checkout on www.beultra.com.au by adding the unique code to the field prior to submitting payment.
Promotional codes may also be redeemed by Be Ultra subscribers within the Customer Portal.
1. Referrer must login to their Customer Portal, select to edit their “Next Order” and select “Have a promo code?” to reveal the field for input.
2. Once code is added to their “Next Order” it will automatically apply the $15 discount.
3. If Referrers have multiple codes to use, they must add each code after their previous order has shipped to apply it to their upcoming order.
Promotional codes will expire after one year
Rewards can only be used to purchase products on www.beultra.com.au and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in United States Dollars. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals in the US only. Be Ultra Refer-a-Friend Program cannot be used by businesses or corporations or for affiliate lead generation.

Other Important Terms

Be Ultra may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.

Questions about this Terms of Use should be sent to us at contact@beultra.com.au

Terms & Conditions

By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Eligibility

Automatic Renewal Terms

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website or by calling 1-888-390-4029.

Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service at 1-888-390-4029 for assistance. Be Ultra will refund your payment when your product is timely returned (with an authorized RMA number) or cancelled, and within seven (7) business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.

User-Generated Content

Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through Yotpo) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Be Ultra a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Be Ultra and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Be Ultra is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

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, libellous, 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 libellous 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.

User Conduct

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;

(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Be Ultra trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Be Ultra’ express written consent;

(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

(f) not to use meta tags or any other “hidden text” utilizing an Be Ultra name, trademark, or product name without Be Ultra’ express written consent;

(g) not to deeplink to the Website without Be Ultra’ express written consent;

(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

(i) not use the Website to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(m) to comply with all applicable laws regarding your use of the Website.

Protection of Intellectual Property Rights and License

Health Disclaimer Regarding Information Provided on the Website

Disclaimer of Warranties With Respect to Use of the Website

Links to Other Websites That Be Ultra Does Not Control

Purchasing Items from Us

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.

Disclaimer of Warranties With Respect to Use of the Website

Links to Other Websites That Be Ultra Does Not Control

Purchasing Items from Us

Errors, Inaccuracies and Omissions

(a) You agree that the purchase of any Be Ultra products by you, as a non-U.S. resident, shall be (i) ex works Be Ultra’ facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
(b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
(c) You hereby expressly authorize and direct Be Ultra to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
(d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Be Ultra’ facilities in the United States to your foreign shipping address.

Electronic Communications, Signatures and Agreements

Communications with Be Ultra

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Be Ultra are monitored and recorded and you agree to such monitoring and recording.

Be Ultra may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Be Ultra notice within 30 days of any change to your contact information by writing to Be Ultra Customer Service via email contact@beultra.com.au. Your consent to this communications provision is not required to make any purchase with Be Ultra.

Limitation on Be Ultra’ Liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BE ULTRA, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

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.

Indemnification

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 judgement 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).

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.

Governing Law

Your use of the Site and any dispute arising out of your use of it is subject to the laws of Australia. These Terms are governed by the laws of Australia and subject to the exclusive jurisdiction of the courts operating in Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

Changes to terms and 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

Remedies for Be Ultra

Trademark Notices

Be Ultra® is a pending trademark of Be Ultra (AUS), PTY LTD. All other trademarks and service marks displayed on the Website are the property of Be Ultra or their respective owners. You may not use or display any trademarks or service marks owned by Be Ultra without Be Ultra’ prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Be Ultra’ Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow Be Ultra to locate the material.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Be Ultra Refer-a-Friend Program Terms & Conditions

You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred customers must be a new customer with no prior purchases at www.beultra.com.au to be a Qualified Referral.
Referred customers must be using the USA/CAN/AUS checkout system. Be Ultra Refer a Friend promotions & rewards are not applicable to users on other storefronts.
Qualified Referrals are only accepted via the Be Ultra website. We will not accept referrals over phone, email, chat, or any other means of communication.

Reward Payments. Rewards are delivered as a single, one-time-use promotional code for a future purchase.

One promotional code may be used towards one purchase at a time. You may not “stack” promotional codes or other offers.
Promotional codes may be redeemed at checkout on www.beultra.com.au by adding the unique code to the field prior to submitting payment.
Promotional codes may also be redeemed by Be Ultra subscribers within the website account portal.
1. Referrer must login to their account, select to edit their “Next Order” and select “Have a promo code?” to reveal the field for input.
2. Once code is added to their “Next Order” it will automatically apply the discount offer.
3. If Referrers have multiple codes to use, they must add each code after their previous order has shipped to apply it to their upcoming order.
Promotional codes will expire after one year
Rewards can only be used to purchase products on www.beultra.com.au and are not redeemable for cash or gift cards. Referral Rewards may only be redeemed for purchases made in Australian Dollars. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals in the US only. Be Ultra Refer-a-Friend Program cannot be used by businesses or corporations or for affiliate lead generation.

Other Important Terms

Be Ultra may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.

Questions about this Terms of Use should be sent to us at contact@beultra.com.au

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30 DAY MONEY BACK GUARANTEE

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