TERMS AND CONDITIONS OF USE
About the Website
1.1 Thank you for visiting www.drjwclinic.com (the “Website”). The Website provides a service (the “Services”) which allows users to use the Website to purchase its products (the “Products”).
1.2 The Website is operated by Dr. JW Wellness Pty Ltd (ACN 635 197 554) (“Dr. JW”). Access to and use of the Website, or any of its associated products, is provided by Dr. JW.
1.3 Please read these terms and conditions (the “Terms”) carefully. By using or browsing 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 this Website immediately and leave the Website.
1.4 Dr. JW reserves the right to review and change any of the Terms by updating this page from time to time at its sole discretion. When Dr. JW updates the Terms, it will use reasonable endeavors to provide you with notice of same. Any changes to the Terms will take effect immediately from the date of their publication. Your access and use of the Website after Dr. JW makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website immediately.
2 Acceptance of the Terms
2.1 In addition to clause 1.3 of the Terms, you may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Dr. JW in the user interface of the Website.
2.2 You may not use the Website and/or Services if:
(a) you are not of legal age to form a binding contract with Dr. JW; or
(b) you are a person barred from using the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
2.3 By using the Website and/or Services, you represent and warrant to Dr. JW that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to agree to and abide by the Terms; and
(c) you will use the Website, the Services and the Products in a manner consistent with any and all applicable laws, regulations and all other Dr. JW labels and/or packaging regarding the Products.
3 Account registration
3.1 You may choose to register for an account on the Website (an “Account”). If you do, you are required to provide Dr. JW with:
(a) your personal information such as your name, email address, location, date of birth;
(b) a user name; and
(c) a password.
3.2 You warrant that any personal and/or registration information you provide to Dr. JW will always be accurate, correct and up to date.
3.3 You understand that by supplying Dr. JW with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Dr. JW in order to keep you informed about Dr. JW. If you do not wish to receive updates from Dr. JW, you may contact Dr. JW at email@example.com.
4 Your obligations
4.1 As a user of the Website, you agree to comply with the following:
(a) you will only use the Website, Services and Products for purposes that are permitted by:
(i) the Terms;
(ii) the instructions specified on the Products or their packaging; and
(iii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) if you have an Account, you will not share your Account with any other person and you acknowledge that you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer to safeguard such confidentiality and prevent any misuse of your Account. You further agree to accept responsibility for all activities that occur under your user name and password;
(c) you will notify Dr. JW immediately following any unauthorised use of your Account or any other breach of security; and
(d) you will not use the Website, Services and Products for any illegal and/or unauthorised use, including, but not limited to, collecting email addresses of other users by electronic or other means for the purposes of sending unsolicited email or unauthorised framing of or linking to the Website;
(e) you will not use the Website, Services and Products in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Dr. JW;
(f) you will not use the Website and Services in any manner that can disrupt or damage the Website, its contents or its security measures;
(g) you will not use the Website and Services in any manner that can cause harassment or disparagement to Dr. JW, the Services, the Products, or the directors, employees, agents, servants or assigns of Dr. JW (the “Personnel”);
(h) you will not expressly or impliedly impersonate another user or use the Account or password of another user at any time;
(i) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of the Services. Dr. JW may take legal action for any illegal or unauthorised use of the Website;
(j) you may not cover, obstruct, obscure or block the banner advertisements on any Dr. JW page via HTML/CSS or any other means; and
(k) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5 Purchase of the Products
5.1 The Products made available on the Website (including any samples that Dr.JW may provide to you) are for your personal use only. You must not sellor resell any Products you purchase or receive from Dr. JW. If you are interested in becoming a distributor of Dr. JW’s Products, please contact us via firstname.lastname@example.org.
5.2 In using the Services to purchase the Products through the Website, you agree to the payment of the purchase price listed on the Website for the Products (the “Purchase Price”).
5.3 Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST inclusive.
5.4 Once payment of the Purchase Price is confirmed, Dr. JW will issue you with a receipt to confirm that the payment has been received.
6 Products Information
6.1 Dr. JW will make every effort to ensure the Products are accurately depicted on the Website. However, you acknowledge that sizes, colours and packaging may differ from the photographs of the Products as displayed on the Website.
6.2 All information supplied by Dr. JW to you is general in nature only and does not take into account your personal needs, medical conditions or requirements. If you have any specific medical conditions or requirements, you must consult with a doctor or similar medical professional. The information provided regarding the Products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator.
6.3 The Products are not medical products and they are not intended to diagnose, treat, cure or prevent any condition or disease.
6.4 Individual results are not guaranteed, and may not necessarily occur for all users of the Products.
6.5 All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. If any allergic reactions occur, you must discontinue use of the Products and seek medical attention immediately.
6.6 Whilst Dr. JW tries to ensure that all information which appear on the Website are accurate and current, errors or omissions may occur. Dr. JW reserves the right to correct any errors or omissions and to change or update information at any time without prior notice. Dr. JW also reserves the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or omissions.
7 Products Warranty
7.1 The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund of the Product in the event the Product supplied does not comply with the Australian Consumer Law guarantees (the “Warranty”).
7.2 To make a Warranty claim, you must:
(a) contact us at email@example.com within 30 days of receiving the Product;
(b) provide us with proof of purchase, including identifying the order number (if any) and stating the date of purchase and the price paid for the Products;
(c) provide us with a description of the breach of the Australian Consumer Law guarantee or defect; and
(d) return the Product to us within 7 days of contacting us, at your own cost.
7.3 Dr. JW will, at its sole discretion, either replace the Product with a non- defective Product or provide you with a refund of the purchase price of the Product. If we replace the Product, Dr. JW will pay the delivery costs to resupply the Product to you.
7.4 You acknowledge and agree that the Warranty does not apply in the event that:
(a) you are in breach of the Terms; and/or
(b) the defects of the Products are caused by your act and/or omission.
8 Payment Policy
8.1 All payments made in the course of your use of the Website are made using Stripe Payments Australia Pty Ltd (ACN 160 180 343) (“Stripe”) and Paypal Australia Pty Ltd (ACN 111 195 389) (“Paypal”) . By using the Website, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on Stripe’s and Paypal’s website.
8.2 To enable payments to be processed through Stripe and Paypal, you agree that any information you provide to Dr. JW will always be accurate, complete and up-to-date. You further authorise Dr. JW to share with Stripe any of your information necessary to facilitate the payment through Stripe and any information related to your use of the Stripe’s services.
9 Refund Policy
9.1 If you are unsatisfied with the Product or believe you may be entitled to a refund, then we ask that you contact us by sending an email to firstname.lastname@example.org outlining why you believe you are entitled to a refund of the Purchase Price.
9.2 Dr. JW may, at its sole discretion, provide a refund upon receiving the Products provided that the Product packaging is unopened and remains in a saleable condition.
9.3 You acknowledge and agree that you are liable for any merchant banking, postage and shipping costs associated with any refund pursuant to this clause.
10.1 You acknowledge that the Services offered by Dr. JW integrate delivery through the use of third party delivery companies (the "Delivery Services") such as but not limited to Australia Postal Corporation t/as Australia Post (ABN 28 864 970 579) (the “Delivery Service Providers”).
10.2 You acknowledge that Dr. JW does not provide the Delivery Services to you and you agree that Dr. JW will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
10.3 In providing the Services, Dr. JW may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Dr. JW is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to same.
10.4 In the event that an item is lost or damaged in the course of the Delivery Services, you must within three (3) business days:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit with any evidence of the damage.
11 Website Content
11.1 User content
(a) In this clause, “User Content” means any and all information and content that a user or visitor of the Website submits to or uploads to the Website.
(b) Dr. JW does not claim ownership of your User Content. Dr. JW makes no guarantees about the User Content and Dr. JW does not endorse or accept any responsibility for the User Content.
(c) You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness.
(d) You represent and warrant that your User Content does not violate any third party licenses.
(e) By posting a content onto the Website, you expressly grant to Dr. JW and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the User Content.
(f) Dr. JW reserves the right to review, remove or amend any User Content, but Dr. JW does not have the legal obligation to do so.
11.2 Third Party Website
(a) The Website may be linked with third party websites (each a "Third Party Website").
(b) Dr. JW is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Dr. JW makes no guarantees about the content or quality of the products or services provided by such sites.
12 Copyright and Intellectual Property
12.1 The Website, Services and all Products of Dr. JW are subject to copyright, trade mark and/or other proprietary rights. 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 content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Dr. JW and/or its affiliates, partners or licensors.
12.2 Dr. JW and/or its affiliates, partners or licensors retain all rights, title and interest (including copyrights, patents and trade marks) in and to the Website, Services, Products and all related content therein. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Dr. JW;
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) 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 process).
12.3 You may not, without the prior written permission of Dr. JW and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or display 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.
13 General Disclaimer
13.1 Nothing in the 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.
(a) If you are not a Consumer (under the Australian Consumer Law), you agree that Dr. JW has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, Services or Products.
(b) If you are a Consumer (under the Australian Consumer Law), Dr. JW limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c) Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law Dr. JW’s liability to you is limited at its option to:
(i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
(ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
13.2 Subject to this clause and to the maximum extent permitted by law:
(a) Dr. JW excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) Dr. JW will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, 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 Website, Services or Products (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3 Use of the Website, the Services, and the Products of Dr. JW (including the Delivery Services), is at your own risk. Everything on Website, the Services, and the Products of Dr. JW, 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 Dr. JW (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Services 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, Services or Products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, Services or Products of Dr. JW;
(d) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14 Limitation of liability
14.1 Dr. JW’s total liability arising out of or in connection with the Website, Services or Products, 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 the Terms or where you have not paid the Purchase, then the total liability of Dr. JW is the resupply of the Product(s) to you.
14.2 You expressly understand and agree that Dr. JW, 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 and any other intangible loss.
14.3 Dr. JW does not represent itself as a doctor or medical professional nor is this implied. Dr. JW does not provide or intend to provide any professional medical advice, any medical resources, or any answers to any medical related questions. No prescription medications or medical treatments are intentionally provided on the Website. If you believe you require medical attention, please consult your doctor immediately.
14.4 Dr. JW will not be liable for any claim arising out of your incorrect or improper use of a Product, including but not limited to any use that does not comply with the instructions on the Products, or any use that is not expected or not reasonable.
15.1 You agree to indemnify Dr. JW, its affiliates, employees, agents, contributors, third party content providers and licensors from and against any and all actions, suits, claims, demands, liabilities, losses, damages, settlements, costs and expenses (legal fees on a full indemnity basis) which arise out of or relate to your use of the Website, Services or Products, including but is not limited to:
(a) any misuse of the Website, Services or Products by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) your breach of the Terms; or
(c) the use of any intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms.
15.2 This indemnity will survive termination of the Terms.
16.1 The Terms will continue to apply until terminated by either you or by Dr. JW as set out below.
16.2 If you want to terminate the Terms, you may do so by:
(a) notifying Dr. JW at any time; and
(b) closing your accounts for all of the Services which you use, where Dr. JW has made this option available to you. Your notice should be sent, in writing, to Dr. JW via the ‘Contact Us’ link on our homepage.
16.3 Dr. JW may, at any time, terminate your access to all or any part of the Website or Services, with or without notice if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Dr. JW is required to do so by law;
(c) the partner with whom Dr. JW offered the Services to you has terminated its relationship with Dr. JW or ceased to offer the Services to you;
(d) Dr. JW is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(e) the provision of the Services to you by Dr. JW is, in the opinion of Dr. JW, no longer commercially viable.
16.4 Subject to local applicable laws, Dr. JW reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dr. JW’s name or reputation or violates the rights of those of another party.
16.5 All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, disclaimer, limitation of liability and indemnity.
16.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dr. JW 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 indefinitely.
17 Dispute Resolution
If a dispute arises out of or relates to the Terms, no party may 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:
(a) within seven (7) 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;
(b) if for any reason whatsoever, twenty-one (21) 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 Law Society of Victoria or his or her nominee;
(c) 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; and
(d) the mediation will be held in Melbourne, Australia.
All 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.
17.5 Termination of Mediation
If thirty (30) days 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.
17.6 Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
18 Governing law and jurisdiction
18.1 Governing Law
The Terms are governed by the laws of Victoria, 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 Victoria, 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.
The Website and Services offered by Dr. JW are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or Services, you agree that the exclusive venue for resolving any dispute shall be the courts of Victoria, Australia.
19.1 The Terms will be enforced to the fullest extent permitted by applicable law. If any part of the 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.
20.1 A waiver of any right, power or remedy under the Terms must be in writing signed by the party granting it.
20.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
20.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Terms does not amount to a waiver.
21.1 Dr. JW may assign or transfer its rights or obligations under the Termswithout your consent.
21.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Dr. JW. A purported assignment without written consent will be deemed to be void and convey no rights.
22 Force Majeure
22.1 If a party is prevented from or delayed in performing an obligation by Force Majeure, and promptly acts to mitigate or remove the Force Majeure and its effect, then the obligation is suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances.
22.2 In this clause "Force Majeure" means an event beyond the reasonable control of the affected party, which occurs without the fault or negligence of the affected party.
23 Limitation of Action
To the extent permitted by applicable laws, you agree that any cause of action related to or arising out of your relationship with Dr. JW must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.