terms & conditions

terms and conditions
apolo is to be enjoyed as part of a healthy lifestyle. it is not intended to be a sole source of nutrition. if you have any allergies or illness, please seek medical or professional advice prior to consuming any apolo products. any advice given is general advice only. access to and use of our site, and the services found on it, are provided by apolo. please review these terms varefully before trying apolo. by using the site (either by visiting or shopping) you ("you" or user) agree to comply with and be legally bound by these terms as of the date of your first access of the site. if you do not agree to these terms, you may not access the site. we reserve the right to change these terms at our discretion and without notice. the latest terms will be posted on the site, and you should review these terms prior to using the site. your continued use of the site after changes are posted constitutes your acceptance of the terms as updated and/or amended.

apolo privacy statement
apolo is dedicated to keeping your details private. any information we collect in relation to you is kept strictly secured. we do not pass on, sell or swap any of your personal details with anyone. we use this information to identify your orders/the order placed relating to you, provide you with our monthly newsletter (if applicable) and to personalise your experience with us. our privacy statement fully complies with the privacy act 1988 and represents the industry’s best practice.

collection of data
when you visit the apolo.co, our company servers will automatically record information that your browser sends whenever you visit a website. this data may include:- your computer’s IP address- browser type- webpage you were visiting before you came to our site- the pages within apolo.co you visit- the time spent on those pages, items and information searched for on our site, access times and dates, and other statistics. this information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. this data will not be used in association with any other personal information.

changes to the privacy statement
apolo reserves the right to modify and change the privacy statement at any time. any changes to this policy will be published on our site.

customer service policy
apolo is committed to providing consumers with excellent customer service. we are always interested in hearing feedback from our customers – both positive and negative – regarding your experience. if you would like to send us feedback, have any complaints about our services or privacy, please email hello@apolo.co

indemnity
by using the apolo website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of our website by you.  

email/sms marketing program
apolo (hereinafter, “we,” “us,” “our”) is offering a mobile messaging program (the “program”), which you agree to use and participate in subject to these mobile messaging terms and conditions and privacy policy (the “agreement”). by opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “dispute resolution” section below. this agreement is limited to the program and is not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

user opt in:
the program allows users to receive sms/mms/email mobile messages by affirmatively opting into the program, such as through online or application-based enrolment forms. regardless of the opt-in method you utilized to join the program, you agree that this agreement applies to your participation in the program. by participating in the program, you agree to receive autodialled or pre-recorded marketing mobile messages at the phone number/email address associated with your opt-in, and you understand that consent is not required to make any purchase from us. while you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “auto dialer”). message and data rates may apply.

user opt out:
if you do not wish to continue participating in the program or no longer agree to this agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the program. you may receive an additional mobile message confirming your decision to opt out. you understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

duty to notify and indemnify
if at any time you intend to stop using the mobile telephone number that has been used to subscribe to the program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. you understand and agree that your agreement to do so is a material part of these terms and conditions. you further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. this duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

dispute resolution:
in the event that there is a dispute, claim, or controversy between you and us, or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the program, arising out of or relating to federal or state statutory claims, common law claims, this agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration before one arbitrator.

miscellaneous:
you warrant and represent to us that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. the failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

if any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. any new features, changes, updates or improvements of the program shall be subject to this agreement unless explicitly stated otherwise in writing. we reserve the right to change this agreement from time to time. any updates to this agreement shall be communicated to you. you acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes. by continuing to participate in the program after any such changes, you accept this agreement, as modified.

medical disclaimer
please ensure you see your health practitioner for a full medical check-up before embarking on any new diet and health program. The apolo website is for your general information on how to supplement a healthy eating plan. it is not intended to be used as medical advice and should not be used to diagnose, treat, cure or prevent any medical conditions, nor should it be used for therapeutic purposes. the information is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical condition, or are concerned about advice on the website or the suitability of any product purchased from the apolo please consult a healthcare professional. every person is different, and the way you react to a particular product may be significantly different from the way another person may react to that product.