Terms of Use
Terms & Conditions
Terms & Conditions
Thank you for visiting our website. This website is owned and operated by Microbioflora Pty Ltd - Trading as Progurt (ABN 88003268979). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Microbioflora Pty Ltd - Trading as Progurt.
1. Registration
You must be a registered account holder to place orders on our website.
When you register and activate your account, you will provide us with personal information such as your name, email address and password. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.
To create an account, you must agree and undertake to use the website in accordance with these Terms.
2. Collection Notice
We collect personal information about you in order to, for example, respond to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy at https://progurt.com.au/pages/privacy
We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy procedures or practices, please contact us by email to info@progurt.com.au
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, Completeness and Timeliness of Information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. Payment
Payments may be made by credit/debit card or via a payment gateway, such as PayPal or AfterPay. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. The minimum purchase amount for each order is $10.00, excluding the shipping fee. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.
5. Delivery / Shipping
Express shipping in Australia takes 1 to 2 business days. When you place an order you will receive a reply e-mail acknowledging that your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by e-mail of expected dispatch dates.
6. Returns / Exchanges
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us by e-mail (info@progurt.com.au) as soon as possible to inform us of your wish to return your goods. You must include your original order number, with your name and address.
It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.
We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.
Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us. However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement, or ask for compensation for any drop in value of the product.
Change of Mind: Please note that, given the nature of our products, we do not provide refunds or exchanges where you have changed your mind about a purchase unless the product is unused, sealed and in a re-saleable condition. Please email your request to return your product to info@progurt.com.auand we will send an address for you to send your unopened product(s) to us. We must receive returned product(s) within 30 days of your order together with a copy of your sales invoice / order confirmation. Please note that shipping a return is at your own cost and we are unable to refund your original order’s shipping cost.
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE STATUTORY GUARANTEES AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
7. Online Gifting
- Progurt offers a gifting service whereby a customer may send Progurt products to a recipient. Gifted products will be accompanied by an email that will be delivered to the recipient’s email address once the delivery of the product has arrived with the recipient.
- The gift recipient’s email and other personal information is limited to the purpose of providing or informing them of the gift and personalised message, only.
- Customers making the purchase of the gift are responsible for inputting the correct information at checkout, including the recipient’s email and shipping address.
- Progurt accepts gifting returns provided they meet the requirements of our returns policy.
For more information on the gifting service, please contact info@progurt.com.au
8. Linked Sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
10. Unacceptable Activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
11. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.
Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes (unless the product has been entered on the Australian Registrar of Therapeutic Goods).
We make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.
Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.
If you rely on any of the information provided on this website, you do so at your own risk.
12. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
13. Jurisdiction and Governing Law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
14. Disclaimer
The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.
Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes (unless the product has been entered on the Australian Registrar of Therapeutic Goods).
We make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.
Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.
If you rely on any of the information provided on this website, you do so at your own risk.
15. Loyalty Program Terms & Conditions
The Progurt Rewards Program (also referred to as “Progurt’s Loyalty Program”) is a customer rewards program (“Program”) managed and conducted by Microbioflora Pty Ltd - Trading as Progurt (ABN 88003268979) (“Progurt” “we” or“our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program is automatic upon: the creation of a Customer account by providing personal information for Progurt database (“Client file”) online via the program widget or account registration page on thebeautychef.com.
By opting in to the Progurt Rewards Program you agree to the Terms and Conditions of the Progurt Rewards Program set out here in and our Privacy Policy. Please read these Terms and Conditions and Privacy Policy carefully before you use and/or opt in to the Program. Refer to our Privacy Policy at https://www.progurt.com.au/pages/privacy-policy for more details regarding the use of your personal information and opt out procedures.
Participation and Membership
Participation in the Program is only open to all Progurt customers that have access to our online store. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these Terms and Conditions please contact Progurt at info@progurt.com.au to request removal from the Program.
Calculation of Points
Purchases on our online store will attribute to your tier status, provided you use the email address associated with your Progurt Rewards Program account, and are logged in to your account at the time of purchase. The Progurt Rewards Program excludes returns, refunds, delivery charges, and the purchase of gift cards. Progurt reserves the right to change your tier status if it believes someone is unfairly accumulating rewards not within the rules set out in this document. Dollars earned as part of this loyalty program are not redeemable as cash or monetary value, unless otherwise stated as a way of spending as part of the Program.
Progurt Rewards Program
Program status is based solely on a customer’s total dollar spent using the email address registered with a loyalty account on www.progurt.com.au
As part of the Program, you will unlock Progurt Rewards points by purchasing goods on our online store.
Get 1 point for every $1 you spend (excluding any shipping fees, taxes & purchases of gift cards)
Rewards
$25 off 500 points
$50 off 1,000 points
$75 off 1,500 points
$100 off 2,000 points
$150 off 2,500 points
Get 1 point for every $1 you spend (excluding any shipping fees, taxes & purchases of gift cards).
Log in to your store account and go to the Use Points Page. Use your points to redeem rewards as discount codes. You can apply the discount code on the payment page during checkout. One discount code can be used per order.
Points will expire according to the following scheme.
Points Earned Period and Points to Expire On:
Jan 1, 2022 - Dec 31, 2023 (Dec 31, 2023)
Jan 1, 2023 - Dec 31, 2023 (Dec 31, 2024)
Discount codes will expire by the end of the 6th month after redemption. For example, if you redeemed a discount code on Oct 13, the discount code will expire on Apr 30, 2024.
Any transactions that occur in one of Progurt’s retail partner stores will not count toward the Progurt Rewards Program Loyalty Program.
Transfers and Client Files
Any transactions by another customer at www.progurt.com.au cannot be transferred to a different customer for someone else to obtain Progurt Rewards points.
There can be only one customer for each Progurt Rewards membership. Transactions from multiple Customer files cannot be joined into one Progurt Rewards spend amount. It is your responsibility to ensure that Progurt has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer care team at info@progurt.com.au
Any Progurt Rewards points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Progurt Rewards points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent, unless otherwise stated as a way of spending as part of the Program.
Change of Details
You should advise Progurt of any change of name or email address by emailing info@progurt.com.au Progurt is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Progurt Rewards communications and rewards, gifts or benefits or the loss or downgrade of Progurt Rewards. Changes to your details can be made by emailing info@progurt.com.au
Suspension and / or Termination
Progurt may immediately suspend or terminate your participation in the Progurt Rewards Program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Progurt, the Progurt Rewards Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of Progurt; (d) have supplied or are attempting to supply false or misleading information to Progurt; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Progurt awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any Progurt staff or any other Customers online; or (g) become bankrupt.
Where your right to participate in the Progurt Rewards Program is suspended or terminated, any benefits, rewards and rights and Progurt Rewards Circle status you may have at that time under the Progurt Rewards Program shall thereby suspend or terminate (as the case may be).
The Customer’s participation in the Progurt Rewards Program may be terminated by either Progurt or the Customer by providing the other party with at least 30 days written notice.
Warranties and Liability
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether expressed or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Progurt Rewards Program Program (“Warranties”), are expressly excluded to the extent permitted by law.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts, Progurt’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:
- in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
- in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
- in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Progurt Rewards Program account.
To the extent permitted by law, Progurt will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:
- any personal injury or death to the Customer or any third person;
- indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
- the loss, theft or destruction of an Progurt Rewards reward, gift, offer or benefit; or
- any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift or benefit of The Progurt Rewards Program, arising out of, relating to or connected to the provision or use of the Progurt Rewards Program, any reward, gift, offer or benefit or any goods or services supplied by Progurt.
Progurt shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.
General Information
Progurt expressly reserves the right to change the Progurt Rewards Program elements (including, but not limited to, the Progurt Rewards Program tiers, expiry dates or the way in which Progurt Rewards, gifts, benefits or offers are earned and redeemed) or cease running Progurt Rewards at any time (without any liability to the Customer or any third party). Progurt will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Progurt Rewards Program by providing Progurt with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.
A notice or communication shall be deemed to be given by Progurt to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.
Please visit our website for the latest version of these Terms and Conditions.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Progurt Rewards Program, your participation in the Progurt Rewards Program, Progurt Rewards offered or any other transaction within, or arising out of, the Progurt Rewards Program.
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Governing Law
These Terms and Conditions, and your participation in the Progurt Rewards Program, is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Progurt Rewards Program, you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.
18. Subscription Program Terms & Conditions
▪ Customers can sign up to receive a regular supply of Products automatically delivered every 30, 60 or 90 days, as chosen by the customer.
▪ Receive a 10% discount, when subscribing to any full price single product.
▪ Subscriptions are billed and delivered automatically at the chosen frequency and relevant to the original order date on a recurring basis.
▪ Each payment is automatically billed to the customer's nominated credit card prior to delivery of the relevant Products.
▪ Only one payment method may be used against all subscriptions in a customer's account.
▪ Adjust, skip or cancel any time.
▪ No other offer, discount or promotion is valid when subscribing, unless redeeming reward points for an eligible subscription-only voucher via our loyalty program.
▪ Eligible reward vouchers can be claimed in the Progurt Rewards Program dashboard:
▪ Gift with purchase vouchers.
▪ Non-subscription loyalty reward vouchers are not eligible to be used when subscribing to a product/s.
▪ Some products such as giftcards and other promotional products may not be eligible for a subscription discount or to be received on a recurring basis.
▪ The cut-off for ongoing subscription adjustments (skips, cancellations, order restarts, address and product type changes) made through the online customer login is 3 business days before your next payment schedule.
▪ Notification of your next subscription order will be sent out 3 days before your next payment schedule.
▪ We currently offer credit cards (Visa, Mastercard or American Express) and PayPal as payment methods to purchase Subscription products.
▪ If an order fails to capture payment, or the credit card is declined - an email will be sent out notifying the customer. Every 3 days we will attempt to debit the payment details linked to your Subscription. After three unsuccessful attempts, we will cancel your subscription. Customers will only be notified of the failed payments on the first and last attempt.
▪ Progurt accepts subscription returns provided they meet the requirements of our returns policy.
▪ For more information on our subscription program, please contact our Customer Care team at info@progurt.com.au
Last Updated: October 2023