In these terms:
Account means an account created by You in order to use certain functions of the Website, as set out in section 4.1 of these Terms.
Online Storemeans the Performance Inspired online store accessible via the Website. The Performance Inspired website (online store) is owned and operated by Wellnex Life Limited.
Products means any products available for purchase from Wellnex Life Limited by You.
User Content means any pictures, photographs, graphics, information, comment, content, communication, text, advice or other material uploaded by You or another user to the Website.
Terms means the terms and conditions set out below, as well as Wellnex Life Limited’s Shipping and Returns Policy, which are incorporated in and form part of these Terms.
Wellnex Life Limited means Wellnex Life Limited ABN 77 150 759 363, trading as Wellnex Life Limited and its officers, employees and agents.
Wellnex Life Limited Contentmeans any pictures, photographs, graphics, information, comment, content, communication, text, advice or other material provided by Wellnex Life Limited.
Website means www.pharmacyown.com.au and its subdomains.
You means the person accessing and/or using the Website, including by purchasing Products from Wellnex Life Limited through the Online Store.
2. Your acceptance
- These are the terms on which Wellnex Life Limited permits You to:
- access and use the Website, including using the services and functionality made available through the Website, and purchasing Products through the Online Store;
- view and interact with any Wellnex Life Limited Content or User Content; and
- upload User Content to the Website and communicate with Wellnex Life Limited.
- You agree to be bound by these Terms when you use, browse or access any part of the Website.
- Wellnex Life Limited may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, You agree to be bound by the most recent Terms. It is Your responsibility to check the Website regularly for updated versions of the Terms.
3. Changes to Products, services and offerings
- Wellnex Life Limited may modify prices, Products and service offerings at its discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
- All updates and modifications to the Website including any changes to the Wellnex Life Limited Content, and all Product and service pricing and offerings will be subject to these Terms. Any information Wellnex Life Limited provides in relation to the availability of products is a guide only and is subject to change without notice.
- Although You may browse the Website without creating an account or providing Your details, in order to access certain features and functionalities of the Website (such as to retain past orders details or to upload User Content),through the Website by creating an Account and by providing all of the information required, including by entering an Account password (Password), at registration.
- When creating Your Account, You may be asked to provide Your personal details, or connect Your Account with your Facebook, Twitter, Google, or other social media accounts. This information will assist us in providing the services associated with the Website to You.
- You warrant that all information and data provided by You in the registration of Your Account is accurate, complete and up to date. You will promptly inform Wellnex Life Limited if there is any change to this information or data.
- You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Wellnex Life Limited if Your Password is lost, stolen, inoperable or used in an unauthorised manner.
- You will be fully responsible for all acts and omissions of any person using Your Password and Account with Your permission or due to Your failure to keep Your Account and Password secure, as if they were Your own acts and omissions. You agree that You will not share, disclose, or permit disclosure of, Your Password, let anyone else access Your Account, or do anything that would risk the security of Your Account. Wellnex Life Limited will not in any event be liable for any loss, damage, claims, costs or expenses arising out of Your breach of this clause.
- You must notify Wellnex Life Limited immediately if You become aware of any unauthorised access or use of Your Password or Your Account.
- You agree that if Wellnex Life Limited disables or terminates Your Account for any reason, You will not create another one without Wellnex Life Limited’s permission, whether through the use of Your own personal details or those related to You or created by You.
- Wellnex Life Limited reserves the right to refuse registration of any Account, at its sole discretion, to protect the safety and security of the Website and its users or otherwise to reasonably protect Wellnex Life Limited’s legitimate interests, for example, for auto-generated accounts.
5. Products and Orders
- You may place orders for Products via the Online Store. The Online Store has a minimum order value as set out in the Shipping and Returns Policy.
- The Online Store supplies Products for the domestic Australian market only. Please contact Wellnex Life Limited for details of Product availability in other locations.
- Orders are subject to availability of Product stock and minimum and maximum quantities as Wellnex Life Limited decides from time to time. Wellnex Life Limited will not be liable for any lack of availability of products that You may order through the Website.
- Orders placed via the Online Store and accepted by Wellnex Life Limited will be honoured with Products with an expiry date of at least three months, unless otherwise stated in the Product description. You must read the Product description for Products placed on promotion, or advertised at a special rate, closely to avoid disappointment.
- By placing the order You are declaring that the Products are for personal use only and will not be made available for resale by You or by someone with Your authority. Wellnex Life Limited reserves the right to request a written declaration (or statutory declaration) that orders are for personal use only.
- It is a violation of the Export Control Act 1982 (Cth) for certain items to leave Australia without appropriate paperwork. Breaches of the Export Control Act 1982 (Cth) may lead to prosecution and imprisonment.
- It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card.
- Wellnex Life Limited reserves the right to refuse orders whether in whole or in part in its absolute discretion.
- Wellnex Life Limited may limit the sale of formulas and toddler milk drink to 3 tins, per household, per fortnight (14 days) based on previous order history data of You and Your household.
6. Payment and GST
- Wellnex Life Limited may change the price of the Products from time to time without advance notice to You. However, this will not apply to orders You have already placed unless Wellnex Life Limited provides You notice of the varied price and the choice whether to accept the varied price or cancel Your order.
- You must pay the price of the Products current at the time of the order.
- We currently accept Visa, Mastercard and PayPal. Payment of the fees may be required to be made via facilities provided by such payment provider as made available to You on the Website (Payment Provider), where available. Your use of the Payment Provider’s system is subject to any relevant user agreements and privacy policies of the Payment Provider. We may update or change our payment policies at any time without prior notice to you.
- When submitting your credit card or other payment information on our Website You represent:
- that You are properly authorised to use the credit card or other payment method for Your order;
- the information You provide is true, correct and complete;
- any fees or charges incurred by You will be honoured by your credit card company or other payment provider; and
- You will pay all charges incurred by You at the listed prices, including any applicable taxes.
- Invoices are payable before dispatch of Products.
- Wellnex Life Limited reserves the right at its discretion to cancel any payment if it appears fraudulent in any way, and Wellnex Life Limited may notify the card holder and the relevant authorities.
- Unless otherwise stated, all fees are inclusive of goods and services tax and all other taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
- You are responsible for all duties, taxes and clearance charges that may be levied on the Products.
7. Shipping and Delivery
- Wellnex Life Limited will ship and deliver Products to you in accordance with this clause 7 and the Shipping and Returns Policy.
- Wellnex Life Limited will provide the goods to the Australian address specified in Your order, including PO Box addresses.
- If you wish to have the goods provided by means other than Wellnex Life Limited usual means, you will need to make all necessary arrangements and pay all costs involved.
- If an incorrect delivery address is provided or a parcel is returned to us as undeliverable, an extra fee will apply to send it again.
- Any costs incurred by Wellnex Life Limited due to any failure by You to accept the Products at the time of delivery must be reimbursed by You to Wellnex Life Limited.
8. Title and Risk
- Title in the Products passes to You on payment in full for them.
- Risk in Products passes to You on delivery of the Products to you, unless You arrange for delivery under clause 4, in which case risk passes when the Products leave Wellnex Life Limited premises.
9. Returns and Exchanges
- You must verify the quantity and quality of the Products upon delivery and if any of the Products are faulty or not in accordance with your order, you should notify Wellnex Life Limited within 7 days of receipt as set out in the Returns Policy.
- Wellnex Life Limited would like You to feel confident when purchasing online and want to make sure that You are satisfied with your purchases. So if for any reason the Products are not what You ordered, damaged, not the right quantity, or You are not happy with the quality of the Products You have purchased, please contact Wellnex Life Limited on Local Call Australia 1300 88 79 69 or +61 3 8399 9419, or email email@example.com to notify Wellnex Life Limited of the problem.
- All returns and exchanges will be handled in accordance with the Shipping and Returns Policy.
10. User Content
- If You have registered for an Account, You may upload User Content.
- Any User Content You upload to the Website:
- may be accessed and viewed by the public; and
- can be used by Wellnex Life Limited in accordance with the licence terms set out in clause 10.4 including to promote the Website.
- You agree to be solely responsible for any User Content that You upload to the Website. You warrant and represent that any User Content You upload to the Website will not violate these Terms.
- You retain all intellectual property rights in the User Content you upload to the Website. By uploading the User Content, you grant Wellnex Life Limited a perpetual, non-exclusive, royalty free, irrevocable, transferable, and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).
- You consent to Your User Content being altered, edited or adapted by Wellnex Life Limited for any reason including to ensure Your User Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, You provide an irrevocable and unconditional consent in favour of Wellnex Life Limited, its successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with Your User Content (whether or not currently in existence) to:
- perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing You or any other person as an author of or contributor to that User Content;
- do any act or omission that would constitute a derogatory treatment of Your User Content;
- make any use of Your User Content that may falsely attribute authorship of the User Content to another person;
- delete or adapt or change any of Your User Content in any way, including by addition to or subtraction from Your User Content; or
- combine or juxtapose Your User Content with anything else.
- Where the User Content uploaded by You to the Website contains material from third parties, You warrant that You have obtained the moral rights consents described in clause 10.5 from such third parties.
- Wellnex Life Limited may access or examine any User Content and at its discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in its sole discretion, to breach any law or these Terms or to be otherwise unacceptable.
- You acknowledge that Wellnex Life Limited:
- has no responsibility or liability for the deletion or failure to store any User Content uploaded by You or any other user on the Website; and
- is not responsible for any User Content uploaded to the Website by You or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
- You represent and warrant that:
- You own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Website;
- You have the right and power to grant the licence contained in clause 10.4 to Wellnex Life Limited;
- the User Content uploaded by You will not infringe the intellectual property rights of any third party; and
- You will not upload User Content that will cause You to breach these Terms, in particular clause 11.
- You understand that Wellnex Life Limited does not guarantee any confidentiality with respect to any User Content you upload to the Website.
- You acknowledge and agree that Wellnex Life Limited is under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to Your intellectual property rights in User Content or Wellnex Life Limited Content.
You agree that in accessing and using the Website or uploading any User Content, You will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify the Website or any portion of the Website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services except as expressly permitted elsewhere in these terms;
- frame the Website without Wellnex Life Limited’s express written permission;
- post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; or
- access another user’s Account.
12. Wellnex Life Limited Content
- The Website is owned and operated by or on behalf of Wellnex Life Limited.
- The Wellnex Life Limited Content on the Website is for general information and promotional purposes only. Wellnex Life Limited does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Wellnex Life Limited Content, materials or information by another person or organisation is at your own risk.
- The Wellnex Life Limited Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Wellnex Life Limited Content on the Website is not an endorsement of any organisation, product, service or advice.
- All intellectual property rights, including copyright, in the Website and Wellnex Life Limited Content are owned or licensed by Wellnex Life Limited or any of its related entities. You must not copy, modify or transmit any part of the Website or Wellnex Life Limited Content.
- The Website may contain trademarks, logos and trade names of Wellnex Life Limited or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos or trade names appearing on the Website.
- Wellnex Life Limited grants You a non-exclusive and non-transferable licence to use the Website for Your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used including for commercial exploitation.
- If You become aware of, or are concerned about, potential misuse of the Website, including a breach of Your intellectual property or that of a third party, You may notify Wellnex Life Limited at [firstname.lastname@example.org], or by contacting Wellnex Life Limited using the details set out in clause 21 of these Terms. Wellnex Life Limited may ask You for further information if it is required to further understand and appropriately deal with Your notification.
- If You have any other complaint regarding any Wellnex Life Limited Content or User Content, Wellnex Life Limited ‘s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Wellnex Life Limited Content or User Content.
13. No provision of medical advice
- The Website, Wellnex Life Limited Content and services made available through the Website offer maternal and infant health and welfare information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and You should not rely on this information as such. You should always consult a health-care professional if You have any concerns or questions about Your health, and You should not disregard, avoid or delay obtaining medical or health-related advice from Your health-care professional because of something You may have read on the Website.
- Nothing contained in the Website, Wellnex Life Limited Content or services made available through the Website is intended to be, and it must not be taken to be, the practice of medical or counselling care.
- Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Website, Wellnex Life Limited Content or services made available through the Website, Wellnex Life Limited does not guarantee that such information will always include the latest or most recent findings or developments.
- Your access or use of the Website, Wellnex Life Limited Content or services made available through the Website does not in any way create between You and Wellnex Life Limited, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on Wellnex Life Limited’s part.
14. No provision of medical advice
- The Website may contain links to other websites. Wellnex Life Limited has not reviewed all of the third party websites linked on the Website and is not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Wellnex Life Limited provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
15. Access and communication
- Subject to the consumer guarantees provided for in the ACL (as defined in clause 2), Wellnex Life Limited does not warrant that you will have continuous access to the Website.
- Wellnex Life Limited will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
- Wellnex Life Limited does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
- Whilst Wellnex Life Limited takes reasonable precautions to protect information transmitted via the Website, Wellnex Life Limited cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
- Wellnex Life Limited does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Unless You opt-out, Wellnex Life Limited may contact you from time to time to provide You with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of our products or services Wellnex Life Limited may offer its customers.
- By accepting these Terms, You consent to Wellnex Life Limited using Your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from Wellnex Life Limited, You may opt out by contacting [email@example.com].
18. Exclusions and limitations
- Subject to clause 2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
- Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
- To the fullest extent permitted by law, the liability of Wellnex Life Limited for a breach of a non-excludable guarantee referred to in clause 2 is limited, at Wellnex Life Limited’s option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- To the extent permitted by law, and subject to this clause 18, Wellnex Life Limited will not be liable to You (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or anticipated profit, economic loss, loss of business opportunity, loss of reputation or loss of revenue arising in connection with the Products, the Website, the Wellnex Life Limited Content, all links to or from the Website or any other goods and services advertised or referred to on the Website.
- Subject to this clause 18, the maximum aggregate liability of Wellnex Life Limited for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the price you paid for the relevant Products giving rise to the liability, or the sum of $100, whichever is greater.
- in the case of goods supplied or offered by us, any one or more of the following:
- You indemnify Wellnex Life Limited and must keep Wellnex Life Limited indemnified against all damages, losses, costs, and expenses suffered by Wellnex Life Limited arising out of any breach by You of this agreement or arising out of your use, possession or sale of the Products or the use, possession or sale of the Products by someone with Your authority or permission, or Your use of the Website or the Wellnex Life Limited Content, except to the extent caused or contributed to by Wellnex Life Limited’s acts and omissions.
20. International Use of the Website
- As the Website can be accessed throughout Australia and overseas, Wellnex Life Limited does not represent that the Wellnex Life Limited Content complies with the laws of any country outside Australia or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, You do so at your own risk and responsibility, and are responsible for making sure You comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
- Without limiting clause 5.2, You understand that some countries have import restrictions on certain goods or materials. If You are outside Australia you will become the importer and will be liable to pay local taxes or duties, and You will assume all liability under any customs or import laws and regulations.
These Terms and any invoice referencing these conditions govern the provision of goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements, and agreements in relation to their subject matter
- These Terms may be varied by Wellnex Life Limited at any time by notice to You or by means of a notice on the Australian pages of the Website.
- Clerical errors are subject to correction without notice.
- Wellnex Life Limited may sub-contract or otherwise arrange for another person to perform any part of these Terms or to discharge any of Wellnex Life Limited obligations under these Terms.
- Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside of reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations is suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
- Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
- If You have questions about the Website or the Terms, please contact Wellnex Life Limited by email at firstname.lastname@example.org or by phone on [1300 887 969].
- These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Testimonial disclaimer in accordance with the Australian Consumer law (ACT) guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following: testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. in other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public www.pharmacyown.com.au is not responsible for any of the opinions or comments posted to our site. www.pharmacyown.com.au is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of www.pharmacyown.com.au . www.pharmacyown.com.au does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer. Additionally, these testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate or prevent any disease