Online Terms of Use - INTU WELLNESS

Online Terms & Conditions to purchase Products from us

These Online Terms & Conditions (T&Cs) govern the creation and use of an Account by you via our website and all digital platforms accessed from https://www.intuwellness.com/ (the Website), including the terms and conditions that apply to the purchase by you and the supply by us of any and all Products offered by us through the Website. The Website is owned and operated by Intu Wellness Pty Ltd ACN 652 153 690 (we, our or us).

We encourage you to read these T&Cs carefully. By clicking the link on our Website to make a purchase of a Product from us, by accessing or using the Network in any way, or by subscribing for an Account with us, you acknowledge and confirm that you have read and understood these T&Cs and agree to abide by these T&Cs. If you do not agree to any of the T&Cs, you must not use the Website.

We reserve the right to revise, change or modify these T&Cs at any time by posting new T&Cs on the Network. You are bound by any such revisions and should therefore visit the T&Cs each time you visit the Network to review the current T&Cs by which you must abide.

By accepting these T&Cs, you also:

agree to our Website Terms & Conditions and our Privacy Policy, which are incorporated herein by reference
warrant to us that you are at least 18 years old or if younger than 18 you have the approval of your parent or guardian. If you are of age with legal capacity, you warrant that you have the legal capacity to enter these T&Cs and have read and understood these T&Cs.

We use a third party payment gateway in relation to the receipt and payment of all Fees. We have no responsibility for your actions or inactions once you make a payment via the third party, or agree to accept a payment from us via the third party payment gateway, or the actions or lack of actions by the third party payment gateway, other than as stated in these T&Cs.

Definitions

Account means an online account made available to you to enable you to purchase Products.

Content means any information or material of any kind published by or made available to us on the Network (including material provided by you for publishing on the Network) including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trademarks, whether registered or unregistered.

Fees means the fees payable to us by you for Products you have offered to buy from us, including the cost of all delivery fees and any other amounts payable to us under these T&Cs or as set out on the Website.

Force Majeure means any event or circumstances beyond the reasonable control of us including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent that it:

would be unreasonable to expect us to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan
results in us being unable to perform an obligation under these T&Cs on time.

Products means the goods and services offered for sale by us via the Website.

Term means the period from subscription for an Account by you until termination in accordance with clause 6.

Product Purchases

You are sometimes required to create an Account in order to purchase Products from us. We will provide a confirmation of Account registration when you register for an Account. It is your responsibility to keep your Account details up to date and confidential. You are liable for all activity on your Account, including purchases made using your Account details.

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.

If you become aware of any unauthorised use of your Account, you agree to inform us immediately in writing.

You may buy Products from us as set out on the Website. We may at our discretion accept or reject an order depending on factors including availability of Products and our ability to validate payment for Products. It is your responsibility to check your order details, including selected Products and Fees before you complete your order on the website

We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered when you order and pay on the Website and your payment has been validated.

Please be aware that some of the Products sold through the Website may not be suitable for children under 18 years of age, so please take extra care when purchasing Products for children under 18 years of age.

You agree to pay us the Fees for the Products and any other amounts payable to us under these T&Cs as set out on the Website. All amounts are stated in Australian dollars and are inclusive of GST (where applicable). Changes to wholesale prices and RRP (recommended retail) may occur without notice, and will be updated on the Website without notice.

You must pay for the Products by one of the methods set out on our Website and via a third party payment gateway. You must not pay, or attempt to pay, for our Products through any fraudulent or unlawful means.

All Product purchases are subject to availability. We do our best to keep in stock most Products and to keep the Website up to date with the availability of our Products.

If there is a considerable delay in dispatching your order, or if for any reason we cannot supply the Products you have ordered, we will contact you using the contact details provided by you when you placed the order to work out the best way to proceed under the circumstances. We reserve the right to delay sending you your order if we deem it necessary or for any other reason. Any delivery periods displayed on the Website are estimates only, based on the information provided by third parties to us. We are not responsible for delivery delays. We will deliver the Products to the place of delivery you specify when making your order.

If you need to change the delivery date or delivery address, please notify us immediately in writing. If you are unable to accept the new proposed delivery date, you may be charged a delivery fee for each additional attempt of delivery.

Title of the Products will remain with us until you have paid us the Fees in full in accordance with these T&Cs. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over the Products.

Risk of loss, damage or deterioration to any Products will pass to you once the Products leave our possession to be sent by us to you. Once risk in the Products passes, you will be solely responsible for the Products. We do not provide refunds if Products arrive warm, or the Products have been delayed and are exposed to warm temperatures. Some of the Products we stock are temperature sensitive and we send with a cold pack, however, this is for precautionary reasons only. If we send a temperature sensitive product without a cold pack, and its contents are heat damaged, this is not grounds for a refund or replacement to be sent.

We may from time to time offer promotional discount codes, which may be applicable to certain Products on our Website. To claim the discount, you must enter the promotional discount code at the time of submitting your order on our Website. The conditions of use relating to any promotional discount code will be specified on our Website at the time it is issued.

Consumer Law and Refunds

While the Product information and material contained on the Website is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.

Any information or recommendation contained on the Website is general only and does not constitute medical, health wellness or nutritional advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on the Website in deciding to purchase Products and will be relying on your own enquiries and advice in deciding whether the Products are right for you. We accept no responsibility and will not be liable for any harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any advice, information or recommendation contained on the Website being inaccurate, incomplete, unsuitable or incorrect.

We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of a Product listed on the Website being unsafe, unsuitable for you or them or unfit for your or their purposes and/or use, because of your or their particular circumstances or condition, and/or the Products not providing an expected therapeutic or otherwise desired or beneficial effect, improvement or enhancement in physical performance or appearance, even if you disclosed that purpose to us before purchasing the Product, as you acknowledge that you are not relying on our skill or judgement or the skill or judgement of the manufacturer of the Product in that regard.

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these T&Cs excludes your Statutory Rights as a consumer under the ACL. We otherwise exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. In particular,

we take no responsibility for, and will not be liable for Products being unavailable or causing you or any third party who may use or consume the Products to have an allergic reaction or experience any adverse reactions or ill-effects whatsoever (including but not limited to those requiring hospitalisation), or any other adverse consequences due to a condition which you are experiencing such as pregnancy or any other health condition or ailment, or due to incompatibility with any drugs or supplements which you may be taking, prescribed or otherwise
we keep Products in controlled conditions on our premises but we will take no responsibility for any damage or deterioration to Products occurring during delivery as a result of heat or any other circumstance beyond our reasonable control and
any delays, failure to deliver, or misdirected delivery of any product alert we release, for any errors in the content of a product alert we release, or for any actions taken or not taken by you or any third party in reliance on a product alert we release.

If you wish to seek repair, resupply, replacement or a refund for any Product purchases, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty Product to us.

If you seek a refund under any circumstances, the request must be received in writing by us within 7 days of the order being placed on the site. Refunds will only be available if Products are returned to us in a resalable condition. We will not accept refunds for some Products and from some destinations, including temperature-sensitive goods, or if Products have left Australia. If you are entitled to a refund, we will only give you the refund once evidence of the faulty Product is received by us, or we have received the Products and inspected them and assessed whether they are eligible for a refund under these T&Cs. Any refund we make will be by the same payment method used to purchase the Products and will be processed through a third party payment gateway. We will not accept or return any goods that have been used, connected, installed, attempted to be connected or installed, or if your Products are custom-made or are special buy Products. You must adequately package any Products you are returning to us to ensure that it is not damaged during return delivery to us. If Products are sent back to us, we are not liable for damage to those Products in transit. If you damage a Product, then subsequently return the Product, you may be liable to pay to repair the Product to their original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

Change of mind exchanges or refunds are not allowed for gift vouchers and in any event are at our sole discretion. We reserve the right to refuse an exchange or refund for a change of mind request. We do not cover the cost of delivery for a change of mind return and you must pay for the return postage delivery fee.

Limitation of Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Website and/or the Content and/or any inaccessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

In no event will we be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

Despite anything to the contrary, to the maximum extent permitted by law:

our maximum aggregate liability arising from or in connection with these T&Cs (including the Products the subject matter of these T&Cs) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the Products the subject of the relevant claim and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

loss of, or damage to, Products, or any injury or loss to any person
failure or delay in providing the Products or
breach of these T&Cs or any law, where caused or contributed to by any
event or circumstance beyond our reasonable control or
act or omission of you or your personnel, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to Products.

Term and Termination

We reserve the right to refuse supply Products, terminate or close your Account, terminate these T&Cs, and remove or edit content on the Website at our sole discretion, without incurring any liability to you.

You may terminate and/or close your Account at any time by unsubscribing and/or contacting us to request we close your Account. On receipt of your message during business hours, your Account will be closed and your ability to log in deactivated within 72 hours.

The expiry or termination of your Account for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination of your Account or these T&Cs.

Push Notifications, Online and Mobile Alerts

You consent to us sending you push notifications. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. Alerts sent via push notification will be sent to any device on which you have installed and registered our Website with notifications enabled. Alerts could be seen by others (including unauthorised persons) who use or access your device. We use push notifications to send you notifications. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications through the applicable settings on your device.

Automatic alerts may be sent to you following certain changes made to your Account, such as a change in your registration information. Voluntary account alerts are turned on by default. They may then be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your Account. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service. We offer no guarantees that alerts will be received by you, or that our service works on your specific device.

Electronic alerts will be sent to the email address, mobile phone, including via the app, you have provided for us. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.

Alerts may include your account login details and some information about your Account. Anyone with access to your email will be able to view the content of these alerts.

Disputes

In the event of any dispute arising from, or in connection with, these T&Cs (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.

If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other parties) submit the Dispute to mediation administered by the Resolution Institute of Australia, with such mediation to be conducted:

in good faith
in New South Wales and
in accordance with the Resolution Institute of Australia Mediation Guidelines.

The costs of mediation are to be split between the relevant parties, provided that each party will bear its own costs in relation to the mediation.

If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by any party involved in the Dispute (by written notice to the other parties) to litigation.

If the parties do not resolve the Dispute within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, us which has not been expressly stated in these T&Cs.

Except as otherwise agreed in writing these T&Cs form the entire agreement between you and us and supersedes any prior agreement covering the same subject matter and any prior written or oral representations.

Any failure or delay in exercising a power or right (either wholly or partially) in relation to these T&Cs does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

If a provision of these T&Cs is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these T&Cs without affecting the validity or enforceability of the remainder of that provision or the other provisions in these T&Cs.

If performance of these T&Cs or any obligation under these T&Cs is prevented, restricted or interfered with by reasons of Force Majeure and we are unable to carry out our obligations we will give you prompt written notice of such event, and then our obligations shall be suspended to the extent necessary by such event. We will use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on our performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

These T&Cs are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. For any questions and notices, please contact us at: hello@intuwellness.com