This online platform (Platform) is operated by Own Your Health Collective Pty Ltd ABN 54 641 413 461 or its successors and assignees (we, my, our or us). It is available at: https://ownyourhealthco.com.au/and may be available through other addresses or channels or on a platform hosted by a third party.
Throughout these online purchase terms and conditions (Terms). Platform refers to our online or mobile presence, ecommerce platform and educational materials, regardless of how you access it.
By accessing and/or using our Platform, you warrant to us that you:
(b) have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
(c) agree to use the Platform in accordance with these Terms.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to use the Platform, you agree to assume all risks associated with their account and use of the Platform, ensure that the content on the Platform is suitable for the Minor and ensure all information submitted to us by the Minor is accurate.
When you, as purchaser of online course content or goods (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.
A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Platform.
You agree that you will not copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us.
If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract.
We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Payments are to be made by the method you choose from our Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
DELIVERY OF DIGITAL PRODUCT
The digital product and/ or course access on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
Our online courses are detailed on our Website and may be subject to change and availability at our discretion.
DELIVERY OF PHYSICAL PRODUCT
(a) We will ship any physical products (Goods) purchased on our platform (or as part of your digital course) to the address you nominate at checkout using a third-party courier. You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then a card that we, or our delivery company, will leave at the delivery address will notify you, generally. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.
(b) We display shipping information and prices on our website at the time of check out. However, this information may be updated from time to time and changed at our discretion. You should check these terms for updated information each time you decide to place a new order.
(c) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post without Insurance or tracking.
(d) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
(e) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
(f) For non-delivery of goods, please notify us by email as soon as possible.
(g) If you require express post or faster than standard delivery, you will need to contact us and pay any additional fee required.
Receipt of Goods
(h) You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to us within 48 hours of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 48 hours after receipt of the goods by you.
(i) This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law.
(j) Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail without insurance. Goods tracking is not available.
(k) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
(l) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
(m) Delivery date to countries outside Australia will depend on region.
(n) All customs/import fees/taxes and duties are the responsibility of the customer.
Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure.
LIMITATION ON CLAIMS
We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, pandemic, industrial action and action or inaction by a government agency.
We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part, including where you do not follow appropriate storage instructions for the Goods or ensure the Goods are moved from the box in which they are packaged to long term storage options at your place of residence or business.
Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:
(o) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
(p) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
This clause will survive termination or expiry of these Terms.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
You acknowledge and agree to proceed and purchase our Goods on the basis that:
(a) the information provided in our physical products (if any), our digital products (including online courses) are not provided by a nutritionist, psychologist, doctor, personal trainer, psychologist, exercise physiologist or other expert;
(b) we are not a medical professional and do not provide medical advice nor prescribe treatment, nor are our Goods intended as a substitute for medical or psychological care;
(c) we provide our services to educate and enhance your knowledge of health, and while this can be an important complement to your medical care, it is not a substitute for a diagnosis, treatment, or care of a disease, illness or injury by a medical provider;
(d) any nutritional strategies, exercise strategies, suggested herbs, hormone balance information, psychology and energy recommendations must be implemented in conjunction with the support of an appropriate professional that you engage outside of this course (ie your personal trainer, your doctor, your nutritionist or naturopath etc).
(e) our Website may contain information about general health issues and while we use best endeavours to take proper care and precaution to ensure the information is accurate, the information provided is based on our own research and experience and is not intended as medical or professional advice. We make no guarantees and accept no liability with regards to the reliability or completeness of any information supplied on our Website and you warrant you are not relying on such information on our Website in the purchasing of our Goods;
(f) it is your responsibility to disclose any allergies or known irritants before ordering the goods from us. While we take reasonable care to ensure that goods are packaged carefully and ingredients are fully listed, we cannot guarantee that certain allergens or other irritants won’t be present in your goods;
(g) we recommend that you read the ingredients of each product in the Goods prior to use and we are not responsible for any kind of adverse reaction that you may experience due to the Goods purchased.
(h) we do not guarantee the total dollar cost of ingredients that must be purchased for any recipes from cookbooks that you receive as part of your Goods purchased, nor do we guarantee the availability of ingredients nor the health benefits associated with any recipes you try; and
(i) you warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer and undertake that you will participate in this course on that basis and hold us harmless if you do not achieve the results you desire
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content used on our Platform (Content). We also own all of the Content. Your use of our Platform to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of us or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website or platform; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform. By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User content or our use of the User Content on, through or by means of our Platform we use for the content will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
TITLE AND RISK
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
EXCLUSION OF COMPETITORS
You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
While every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any digital online course offered by us depending on the time you devote to the program and other external factors. Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes such as improvement of your health and wellbeing. You enter into any online course or program of study we offer on this basis.
The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The laws in force in Victoria, Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.
“I ACCEPT” [click here or insert check box or insert a link at the time of payment eg, “I have read and agree to these terms of purchase”]
Own Your Health Collective Pty Ltd ABN 54 641 413 461
Last update: 9 October 2020