WEBSITE TERMS AND CONDITIONS OF USE
Updated 11 May 2020
- About the Website
- Welcome to healthessentialsmaitland.com.au (the ‘Website‘). The Website provides you with an
opportunity to browse and purchase various products that have been listed
for sale through the Website (the ‘Products‘). The Website provides
this service by way of granting you access to the content on the Website
(the ‘Purchase Services‘)
- The Website is operated by Health Essentials Maitland. Access to and use of
the Website, or any of its associated Products or Services, is provided by
Health Essentials Maitland. Please read these
terms and conditions (the ‘Terms‘) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood
and agree to be bound by the Terms. If you do not agree with the Terms,
you must cease usage of the Website, or any of Services, immediately.
- Health Essentials Maitland reserves the right to
review and change any of the Terms by updating this page at its sole
discretion. Any changes to the Terms take immediate effect from the date
of their publication. Before you continue, we recommend you keep a copy of
the Terms for your records.
- Acceptance of the Terms
accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to
you by Health Essentials Maitland in the user interface.
- Registration to use the Purchase Services
- In order to access the Purchase Services, you must first register
as a user of the Website. As part of the registration process, or as part
of your continued use of the Purchase Services, you may be required to
provide personal information about yourself (such as identification or
contact details), including:
- You warrant that any information you give to Health Essentials Maitland in the course of
completing the registration process will always be accurate, correct and
up to date.
- Once you have completed the registration process, you will be a registered
member of the Website (‘Member‘) and agree to be bound by the
Terms. As a Member you will be granted immediate access to the Purchase
- You may not use the Purchase Services and may not accept the Terms
- you are not of legal age to form a binding contract with Health Essentials Maitland; or
- you are a person barred from receiving the Purchase Services under
the laws of Australia or other countries including the country in which
you are resident or from which you use the Purchase Services.
- Your obligations as a Member
a Member, you agree to comply with the following:
- You will use the Purchase Services only for purposes that are
permitted by the Terms and any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality
of your password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or
third parties, is strictly prohibited. You agree to immediately notify Health Essentials Maitland of any unauthorised
use of your password or email address or any breach of security of which
you have become aware;
- access and use of the Website is limited, non-transferable and
allows for the sole use of the Website by you for the purposes of Health Essentials
providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal
and/or unauthorised use which includes collecting email addresses of
Members by electronic or other means for the purpose of sending
unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and
other forms of solicitation may be removed from the Website without notice
and may result in termination of the Purchase Services. Appropriate legal
action will be taken by Health Essentials Maitland for any illegal or
unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or
its Purchase Services is prohibited.
- Purchase of Products and Returns Policy
- In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website
for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made through Stripe, Tyro
Payments or other sucure payment service (the ‘Payment Gateway Provider‘)
- In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms
documentation provided by the Payment Gateway Providers.
- Following payment of the Purchase Price being confirmed by Health Essentials Maitland, you will be issued
with a receipt to confirm that the payment has been received and Health Essentials Maitland may record your
purchase details for future use.
- Health Essentials Maitland may, at their sole
discretion, provide a refund on the return of the Products within 14 days
where the Product packaging is unopened and remains in a saleable
condition. You acknowledge and agree that you are liable for any postage
and shipping costs associated with any refund pursuant to this clause.
- Health Essentials Maitland ‘s Products come with
guarantees that cannot be excluded under the Australian Consumer Law. You
are entitled to a replacement or refund for a major failure of the Product
and compensation for any other reasonably foreseeable loss or damage. You
are also entitled to have the Products repaired or replaced if the
Products fail to be of acceptable quality and the failure does not amount
to a major failure (the ‘Warranty‘).
- You may make a claim under this clause (the ‘ Warranty
Claim‘) for material defects and workmanship in the Products within
…… from the date of purchase (the ‘ Warranty Period‘).
- In order to make a Warranty Claim during the Warranty Period, you
must provide proof of purchase to Health Essentials Maitland showing the date of
purchase of the Products, provide a description of the Products and the
price paid for the Products by sending written notice to Health Essentials Maitland at SHOP 12
PENDER PLACE S/C MAITLAND NSW 2320 or by email at firstname.lastname@example.org.
- Where the Warranty Claim is accepted then Health Essentials Maitland will, at its sole
discretion, either repair or replace any defective Products or part
thereof with a new or remanufactured equivalent during the Warranty Period
at no charge to you for parts or labour. You acknowledge and agree that
you will be solely liable for any postage or shipping costs incurred in
facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Health Essentials Maitland and shall be the sole
and exclusive remedy available to you in addition to other rights and
under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability
and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied
Products nor to the additional excluded items set forth below nor to any
supplied Products where the exterior of which has been damaged or defaced,
which has been subjected to misuse, abnormal service or handling, or which
has been altered or modified in design or construction.
- Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products
of Health Essentials Maitland are subject to
copyright. The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the site content and compilation of
the website (including text, graphics, logos, button icons, video images,
audio clips and software) (the ‘Content‘) are owned or controlled
for these purposes, and are reserved by Health Essentials Maitland or its contributors.
- Health Essentials Maitland retains all rights,
title and interest in and to the Website and all related content. Nothing
you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name,
trade mark, industrial design, patent, registered design or copyright of Health Essentials Maitland; or
- the right to use or exploit a business name, trading name, domain
name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a system or
- You may not, without the prior written permission of Health Essentials Maitland and the permission of
any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party content for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
Health Essentials Maitland takes your privacy
seriously and any information provided through your use of the Webiste and/or
is available on the Webiste.
- General Disclaimer
- You acknowledge that Health Essentials Maitland does not make any
terms, guarantees, warranties, representations or conditions whatsoever
regarding the Products other than provided for pursuant to these Terms.
- Health Essentials Maitland will make every effort
to ensure a Product is accurately depicted on the Website, however, you
acknowledge that sizes, colours and packaging may differ from what is
displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by law,
including the Australian Consumer Law (or any liability under them) which
by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions
which are not expressly stated in these Terms are excluded; and
- Health Essentials Maitland will not be liable for
any special, indirect or consequential loss or damage (unless such loss or
damage is reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the Purchase Services or
these Terms (including as a result of not being able to use the Purchase
Services or the late supply of the Purchase Services), whether at common
law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products
of Health Essentials Maitland is at your own risk.
Everything on the Website, the Purchase Services, and the Products of Health Essentials Maitland, are provided to you
on an “as is” and “as available” basis, without
warranty or condition of any kind. None of the affiliates, directors,
officers, employees, agents, contributors, third party content providers
or licensors of Health Essentials Maitland make any express or
implied representation or warranty about its Content or any products or
Purchase Services (including the products or Purchase Services of Health Essentials Maitland) referred to on the
Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion,
defect, failure to correct defects, delay in operation or transmission,
computer virus or other harmful component, loss of data, communication
line failure, unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the
Website, the Purchase Service, or any of its Content related products
(including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase
Services or any of the Products;
- the Content or operation in respect to links which are provided for
the User’s convenience;
- any failure to complete a transaction, or any loss arising from
e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third
parties or publication of any materials relating to or constituting such
- Limitation of Liability
- Health Essentials Maitland ‘s total liability
arising out of or in connection with the Purchase Services or these Terms,
however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid
the Purchase Price, then the total liability of Health Essentials Maitland is the resupply of
information or Purchase Services to you.
- You expressly understand and agree that Health Essentials Maitland, its affiliates,
employees, agents, contributors, third party content providers and
licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you,
however caused and under any theory of liability. This shall include, but
is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation, lost opportunity
and any other intangible loss.
- Health Essentials Maitland is not responsible or
liable in any manner for any site content (including the Content and Third
Party Content) posted on the Website or in connection with the Purchase
Services, whether posted or caused by users of the website of Health Essentials Maitland, by third parties or
by any of the Purchase Services offered by Health Essentials Maitland.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or
by Health Essentials Maitland as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Health Essentials Maitland at any time; and
- closing your accounts for all of the Purchase Services which you
use, where Health Essentials Maitland has made this option
available to you.
- Your notice should be sent, in writing, to Health Essentials Maitland via the ‘Contact Us’
link on our homepage.
- Health Essentials Maitland may at any time,
terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach
- Health Essentials Maitland is required to do so
- the partner with whom Health Essentials Maitland offered the Purchase
Services to you has terminated its relationship with Health Essentials Maitland or ceased to offer
the Purchase Services to you;
- Health Essentials Maitland is transitioning to no
longer providing the Purchase Services to Users in the country in which
you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Health Essentials Maitland is, in the opinion of
Health Essentials Maitland, no longer
- Subject to local applicable laws, Health Essentials Maitland reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion
of the Website or the Purchase Services without notice if you breach any
provision of the Terms or any applicable law or if your conduct impacts Health Essentials Maitland ‘s name or reputation
or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations
and liabilities that you and Health Essentials Maitland have benefited from,
been subject to (or which have accrued over time whilst the Terms have
been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of this clause shall
continue to apply to such rights, obligations and liabilities
- You agree to indemnify Health Essentials Maitland, its affiliates,
employees, agents, contributors, third party content providers and
licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses,
loss and damage (including legal fees on a full indemnity basis) incurred,
suffered or arising out of or in connection with any Content you post
through the Website;
- any direct or indirect consequences of you accessing, using or
transacting on the Website or attempts to do so and any breach by you or
your agents of these Terms; and/or
- any breach of the Terms.
- Dispute Resolution
a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the
following clauses have been complied with (except where urgent interlocutory
relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘)
has arisen under the Terms, must give written notice to the other party
detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that
other party, the parties to the Terms (‘Parties‘) must:
- Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
- If for any reason whatsoever, 28 days after the date of the Notice,
the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
- The Parties are equally liable for the fees and reasonable expenses
of a mediator and the cost of the venue of the mediation and without
limiting the foregoing undertake to pay any amounts requested by the
mediator as a pre-condition to the mediation commencing. The Parties must
each pay their own costs associated with the mediation;
- The mediation will be held in SHOP 12
PENDER PLACE S/C MAITLAND NSW 2320.
communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations
for the purpose of applicable laws of evidence.
Termination of Mediation:
2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
- Venue and Jurisdiction
Purchase Services offered by Health Essentials Maitland is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in
relation to the Website, you agree that the exclusive venue for resolving any
dispute shall be in the courts of New South Wales, Australia.
- Governing Law
Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any
way relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of New South
Wales, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto
and their successors and assigns.
- Independent Legal Advice
parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.
any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms
shall remain in force.