OUR TERMS AND CONDITIONS

 

These terms and conditions (the "Terms and Conditions") govern the use of www.wellnessone.com.au (the "Site"). This Site is owned and operated by Dr Cristina Rodes T/As Wellness One ABN 30 945 726 104.

This Site is an ecommerce, educational and blog website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. These Terms and Conditions contain a dispute resolution clause that impacts your right about how to resolve disputes. Please read it carefully. 

1. Intellectual Property
All content published and made available on our Site is the property of Wellness One and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

2. Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

(i) Harass or mistreat other users of our Site;

(ii) Violate the rights of other users of our Site;

(iii) Violate the intellectual property rights of the Site owners or any third party to the Site;

(iv) Hack into the account of another user of the Site;

(v) Act in any way that could be considered fraudulent; or

(vi) Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

3. Accounts
When you create an account on our Site, you agree to the following:

(i) You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

(ii) All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

4. Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:

• Health Care Products and Digital Products.
  

The following services are available on our Site:

• Health Care Services.
  

The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

5. Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

6. Payments
We accept the following payment methods on our Site:

• Credit Card; and
  
• PayPal.
  

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

7. Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through the following methods:

• Standard delivery by post.
  

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

10. Guarantees
The following guarantees apply to our Site:

• 14 Day Mutual Agreement Guarantee for Wellness One Digital Health Care Programs. 

11. Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

12. Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

13. Digital Health Care Programs

(i) Wellness One Digital Health Care Programs including Mastering Chronic Low Back Pain and all others constitute general rehabilitative guidelines and processes and should not be treated as personalised professional, medical, allied health or psychological advice.

(ii) The Subscriber acknowledges that any information, insights, guidance, techniques, exercises or programs contained in Wellness One's Digital Health Care Programs  or on the Site do not constitute an attempt to provide personal medical, allied health or other professional advice.

(iii) Wellness One's Digital Health Care Programs are not to be used or relied on to diagnose any medical condition or for any therapeutic purposes and should not be used as a substitute for professional diagnosis.

(iv) Use of Wellness One's Digital Health Care Programs and/or the Site does not establish a doctor-patient relationship, nor a chiropractor-patient relationship.

(v) The Subscriber acknowledges that:

(a) where appropriate, the Subscriber has obtained clearance from a registered medical professional to undertake Wellness One's Digital Health Care Programs (if this is the Subscriber’s first experience of back, neck or spinal pain, the Subscriber must get their back assessed by a registered medical practitioner before commencing Wellness One's Digital Health Care Programs).

(b) they must seek their own medical advice in the event that the Subscriber experiences unanticipated changes to their physical condition.

(c) they are solely responsible for determining the suitability of Wellness One's Digital Health Care Programs, and the Subscriber’s reliance on Wellness One's Digital Health Care Programs and any information that is provided to the Subscriber on the Site, is at the Subscriber’s own risk.

(d) Wellness One's Digital Health Care Programs and information on the Site does not guarantee a particular cure, outcome or change to the Subscriber’s physical wellbeing. 

14. Subscribers 

Wellness One will provide Subscriber Services to approved Subscribers subject to these Terms and the features and the policies and guidelines of Wellness One published from time to time.

(i) A Subscriber will only become an approved Subscriber if all of the following prerequisites and conditions are met:

(ii) the Subscriber is an individual who is over the age of eighteen (18) years; and

(iii) where appropriate, the Subscriber has obtained clearance from a registered medical professional to undertake any of Wellness One's Digital Health Programs (if this is the Subscriber’s first experience of spinal back pain, the Subscriber must get their back assessed by a registered medical practitioner before commencing any of Wellness One's Digital Health Programs).

(iv) Upon being approved by Wellness One, the Subscriber will be issued with an account name and password which provides the Subscriber access to the Site and the designated Wellness One's Digital Health Program.

(v) The Subscriber is responsible for ensuring the security of the Subscriber’s computer and maintaining the confidentiality of Wellness One's Digital Health Programs, the Wellness One's Digital Health Program Materials, any issued user-id and password to the Site and of the Subscriber’s data and User Content.

15. Subscription Services

(i) The provision of Subscriber Services by Wellness One will depend on the chosen subscription level of Subscriber Services (Subscription Level) by the Subscriber:

(a) The Subscription Levels are as set out on Wellness One’s website;

(b) Each Subscription Level may contain a variety of different features;

(c) Wellness One reserves the right to vary the features of a Subscription Level in accordance with these Terms;

(d) A Subscriber may change its Subscription Level with the consent of Wellness One provided the Subscriber pays the appropriate fee for that Subscription Level and any variation fee that may be applicable.

(ii) The Subscriber will pay the current Subscription Fee for the Subscriber Services for the agreed Subscription Level and for the stated period of time applicable to the Subscription (Term):

(a) The Subscription Fee will be as set by Wellness One from time to time;

(b) The Subscription Fee must be paid in accordance with Wellness One’s current payment requirements for the Subscription Fee;

(c) Wellness One may increase or decrease the Subscription Fee in its sole discretion.

(iii) The Subscriber Services will be provided by Wellness One to the Subscriber for the Term.

(iv) On expiry of the Term, the Subscriber must pay the Renewal Fee for the Subscription to roll over for a subsequent Term in accordance with these Terms.

(v) On termination, all outstanding Fees will become payable by the Subscriber to Wellness One.

(vi) Lifetime subscription enables the Subscriber access to the program only whilst Wellness One is an active and operating business. When Wellness One ceases to operate, all Subscriber Services will be terminated. 

(vii) The Subscriber will not be entitled to a refund of any Subscription Fee paid by the Subscriber on termination of the Subscription for any reason whatsoever; apart from in the first fourteen (14) days of the subscription a full refund is available if the subscriber contacts Wellness One via email [email protected] within the first fourteen (14) days. Notification of request for refund received after 14 days will not be entitled to a refund for any reason whatsoever. 

(vii) Wellness One may provide the Subscriber with reasonable email support relating to any Wellness One Programs during the Term. Wellness One may provide additional services to Subscribers on written request at Wellness One's usual rates and charges for the provision of such service. 

16. Subscription Termination

(i) Either party may terminate the Subscription (and these Terms) upon fourteen (14) days written notice to the other party. Please email [email protected] if you would like to cancel your subscription. Wellness One may otherwise terminate the Subscription (and these Terms) immediately, on notice to the Subscriber, if the Subscriber has:

(a) breached these Terms in any way (including a failure to pay);

(b) suffered an Insolvency Event;

(c) brought the reputation of Wellness One into disrepute.

(ii) On termination of these Terms:

(a) the Subscriber will not be entitled to a refund of any amounts paid to Wellness One, unless within fourteen (14) days of their subscription purchase;

(b) the Subscriber must immediately cease using the Wellness One Digital Health Programs and and associated program Materials;

(c) the Subscriber must immediately cease using any Intellectual Property, information, materials or knowledge of Wellness One acquired pursuant to these Terms for any purpose (including any of Wellness One Digital Health Programs and associated Materials); and

(d) the Subscriber must immediately return to Wellness One all Intellectual Property, property, information and materials it holds to the extent that it is possible to do so. The Subscription (and these Terms) will terminate automatically if, for any reason, Wellness One ceases to operate the Site and/or the Wellness One Digital Health Programs.

18. Limitation of Liability

Wellness One and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

19. Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Wellness One and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

20. Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.

21. Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Wellness One are unable to resolve any dispute through informal discussion, then you and Wellness One agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Wellness One. The costs of any mediation or arbitration will be shared equally between you and Wellness One. Notwithstanding any other provision in these Terms and Conditions, you and Wellness One agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

22. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

23. Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

24. Interpretation

For the purposes of these Terms:

(i) Confidential Information means all information, in any form, written or unwritten, including trade names, trade secrets, domain names, client lists, client information and contact details, logos, methods described in patent applications, software, hardware, source code, methodologies, advice, processes, procedures, inventions, ideas, know-how, technical expertise or concepts, which is provided or made available by Wellness One or its associates to the Subscriber (whether orally or in writing) or to a related entity or a related body corporate, including in relation to Wellness One’s business,  or any Intellectual Property of Wellness One but excluding information already in the public domain, except where that information has become available by virtue of a breach of this agreement;

(ii) GST means a tax, impost or duty on goods, services or other things imposed by any fiscal, national, state, territory or local authority or entity and whether presently imposed or novel, together with interest or penalties either before or after the date of these Terms;

(iii) Improvement means any variation to Wellness One's Digital Health Programs or the Intellectual Property, conceived of or developed by either Wellness One, which could improve them in any way;

(iv) Insolvency Event means any of the following events in respect of either party:

(v) An application is made to a court for an order, or an order is made appointing a liquidator or provisional liquidator in respect of the party (or proceedings are commenced or a resolution passed or proposed in a notice of meeting for any of those things);

(vi) Proceedings are initiated with a view to obtaining an order for the winding up or similar process of the party or an order is made or any effective resolution is passed for the winding up of the party;

(vii) The party enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of its creditors or it proposes a reorganisation, moratorium or other administration involving any class of its creditors;

(viii) A controller is appointed to take over or takes possession of all or a substantial part of the assets or undertakings of the party;

(ix) The party is or is deemed or presumed by law or a court to be insolvent;

(x) The party takes any step to obtain protection or is granted protection from their creditors under any applicable legislation or an administrator is appointed to the party;

(xi) Anything analogous or having a substantially similar effect to any of the events specified above happens in respect of the party under the law of any applicable jurisdiction;

(xii) Intellectual Property means:

(a) all proprietary rights (including the right to make application for such rights) which relate, refer or pertain to the Wellness One's Digital Health Programs, any Improvements, the Confidential Information or the business of Wellness One, which are provided under patent law, copyright law, trademark law, design patent and industrial design law, or any other applicable statutory provision or common law principle, including trade secret law, that may provide a right in ideas, formulae, algorithms, concepts, inventions, know-how, trade names, trade dress or business reputation, or the expression or use thereof, and including all past, present, and future causes of action, rights of recovery, and claims for damage, accounting for profits, royalties, or other relief;

(b) all applications, registrations, licenses, sub-licenses, agreements, or any other evidence of a right in Wellness One's Digital Health Programs; and any Improvement to any of the above.

(c) Wellness One's Digital Health Programs Materials mean all the materials, information, manuals, templates, brochures, equipment lists, databases and other like made available to the Subscribers as part of the Wellness One's Digital Health Programs;

(xiii) Wellness One's Digital Health Programs means the rehabilitation programs  which guide the treatment of back pain, neck pain and a variety of other ailments, delivered via the Site;

(xiv) Renewal Fee means the subscription renewal fee set by Wellness One from time to time;

(xv) Site means the Wellness One’s website for the provision of Wellness One's Digital Health Programs which includes the Mastering Chronic Low Back Pain program and the Wellness One's Digital Health Program Materials;

(xvi) Subscriber means a third party who has a Subscription on these Terms;

(xvii) Subscriber Services mean the licence of the Wellness One's Digital Health Programs by Wellness One by way of Subscription to a third party subscriber at a chosen Subscription Level on these Terms;

(xviii) Subscription means the licence granted by Wellness One to the Subscriber to use the Wellness One's Digital Health Programs, the Wellness One's Digital Health Program Materials and the Site on these Terms;

(xix) Subscription Fee means the fees for the subscription by a Subscriber to the Subscriber Services and includes the:

(xx) Subscription Fee; and

(xxi) any other fee payable by the Subscriber to Wellness One.
 

(xxii) Unless stated otherwise, all Subscription Fees are GST inclusive.

(xxiii) Subscription Level means the category of Subscriber Services chosen by a Subscriber.

25. General

(i) Except as specifically provided in these Terms, all fees paid are non-refundable.

(ii) Wellness One makes no representation or guarantee as to the effectiveness of Wellness One's Digital Health Programs, the Wellness One's Digital Health Program Materials, any advertising, affiliation or business listing on the Site.

(iii) The Subscriber must not assign, sublicense or otherwise deal in any other way with any of the Subscriber’s rights under these Terms.

(iv) The Subscriber must keep all material (including confidential information, material and technology, disclosed provided and/or transmitted to the Subscriber) confidential.

(v) If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

(vi) Wellness One is not liable for any delays in performing any obligation under these Terms caused by circumstances beyond its reasonable control, including but not limited to catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any failure of a Subscriber to act in a timely or appropriate way.

(vii) These Terms embodies the entire agreement between the parties and supersedes all previous agreements, understandings, negotiations, warranties and representations.

(viii) These Terms will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:  

(a) that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

(b) if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of these Terms will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or un-enforceability;

(ix) Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

(x) Any additional terms and conditions that appear on the Site will govern the Subscriber’s use of, and access to, certain sections of the Site where they appear (Additional Terms). Since these Additional Terms form part of the Terms the Subscriber is bound by them and should review them wherever they are relevant to the Subscriber when using the Site.

26. Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(61 7) 3368 3369
[email protected]
You can also contact us through the feedback form available on our Site.