TERMS + CONDITIONS
This website at www.purewellnessstudio.com.au (the “Site”) is owned by Pure Wellness & Co Pty Ltd (“Pure Wellness”, “we”, “us” and/or “our”) and is provided for residents of Australia. This page sets out the Terms and Conditions under which you may use this Site (the “Terms”). Please read the Terms carefully. If you do not accept the Terms stated here, do not sue this Site and service. By using this Site and our goods or services, you are indicating your acceptance to be bound by these Terms. The term “you” as used in these Terms refers to all individuals and/or entitles accessing this Site for any reason.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Agreement. If you disagree with the changes to these Terms and Conditions, you may want to discontinue your use of the Site, or if you have registered as a member, cancel your registration.
Pure Wellness and its affiliates do not provide medical advice, education or treatment. The information provided is for general information purposes only and does not address individual circumstances or medical conditions. It may NOT be right for you and should not be relied upon in making decisions about your health. Always consult your doctor for medical advice. Pure Wellness Studio website (the "Site") is part of our ongoing commitment to providing you with information that will empower you to take control of your health and wellbeing. We're pleased to provide you an informative learning site to empower you to take control of your wellness journey. We're also proud to be building Australia's largest community dedicated to natural health and wellbeing, and we encourage you to become a Pure Wellness member. Please note that we offer the Site "AS IS" and without warranties.
The Site contains a range of information and tools about health and wellbeing. Most of this information is supplied to us by third-parties. While we filter the contents to a certain degree, we accept no responsibility for information supplied in this manner. In addition, user-generated content submitted is not reviewed or verified by us. While we encourage our users to share their experiences and points of view online, as this empowers our group and builds a sense of loyalty, our user-generated content is personal, and will not be subject to a review process. We therefore urge you take care when evaluating this content. Everything we offer on the Site is referred to in these Terms and Conditions collectively as "the Conditions."
You must only use this Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by you will result in legal action being taken by us against you.
When you register you are required to provide your name, email address and a password. These are your credentials for accessing Services that are only available to members ("Credentials").
YOU MUST NOT
use another's personal information, including name, login details or password without permission;
make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
use the Site while impersonating another person;
post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
tamper with, hinder the operation of or make unauthorised modifications to the Site;
delete data from the Site without our permission;
knowingly transmit any virus or other disabling feature to the Site;
breach any third party's rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
frame this Site as part of another site or cache this Site for commercial benefit;
commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
attempt to do any of the above acts; or
knowingly permit another person to do any of the above acts.
INTERACTIVE FACILITIES AND USER CONTENT
The functionality provided on the Site may include interactive communication facilities such as blogs, discussion groups and other communication forums where individuals may submit or post reviews of experiences, ratings, comments and other information (collectively, “Interactive Facilities”).
You are solely responsible for your use of any such Interactive Facilities and agree that you use them at your risk.
You agree that, by submitting, posting or otherwise providing any message, blog, data, information, recommendations, opinions, reviews, news articles, text, music, sound, photos, video footage, art, illustrations, imagery, design, graphics, logos, audio clips and images, code or other material (“Content”) to or through the Site (including by using Interactive Facilities), You:
grant to us and our affiliates (including, without limitation, our related entities) a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, broadcast, communicate, create derivative works from, publicly display and perform such Content throughout the world in any media, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation or remuneration to You (“Licence”);
expressly acknowledge that we may sub-license our rights under the Licence to third parties who may make use of the Content consistent with the Licence including, by way of example, on websites, in a written publication, compilation of works, training materials, film, television program, script or screenplay of either ourselves or a third party expressly authorised by us;
grant us and our affiliates and sub-licensees the right to use your name or any other name that you submit in connection with such Content, at our discretion;
waive any entitlement to any moral rights you may have as an author of the Content (and warrant that you have obtained a waiver of moral rights from any person who may have such rights in the Content); and
agree that we are under no obligation to treat the Content as confidential or private information
acknowledge that there are inherent risks with interacting via online platforms such as safety issues, identity thefts, privacy disclosure and financial scams. You agree and accept to participate our online platform at your own risks and relieve us from any losses, claims, damages and injuries that you may suffer as a result of the inherent risks.
We are not responsible for checking, cross-referencing and/or examining whether any materials published through the Interactive Facilities are infringing any copyright or intellectual property of a third party. We will not be responsible for any copyright or intellectual property infringed by a third party through copying, reposting, transmitting and/or rewriting the materials published through the Interactive Facilities.
We reserve the right to, at our absolute and unfettered discretion, remove, screen, edit or refuse to post without notice any Content submitted to, posted or stored on the Site at any time and for any reason. We accept no responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage to any such Content. We accept no responsibility for statements, representations or other Content provided by You or other users of the Site, including individuals using Interactive Facilities. We reserve the right to disclose any Content as necessary to satisfy any applicable law, regulation or lawful request. You shall be solely liable for any damages resulting from any infringement of copyright, trade mark, or other proprietary or other right or loss or damage in connection with your use of the Website and submission of Content.
For the avoidance of doubt, these Terms do not restrict your rights to re-use Content you have posted or otherwise provided to or through the Site.
You warrant that:
you are of sufficient legal age to use this Site and create legal binding obligations for any liability you may incur as a result of using this Site;
you are responsible (financially and otherwise) for all uses of this Site by you and those using this Site using your login details, including your password; and
the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
any breach of these Terms by you;
any act or omission by you or an officer, employee or agent of you; or
any claim, action, demand or proceeding by a third party against us or our officers, employees or
agents caused or contributed to by you or an officer, employee or agent of you.
You consent to the transfer of this information to and within Australia or other countries for processing and storage by us. At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
We will not be responsible for any losses or repercussions caused by the disclosure of your personal information through your own act of omission or doing via our website.
CHANGES TO THE SERVICES
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions.
ALL RETURNED GOODS MUST BE IN THEIR ORIGINAL PACKAGING.
Pure Wellness studio may refuse to refund all or any portion of any deposit or payment or cancel any payment due and owing if the Purchaser fails to fully comply with or violates the Conditions of this Site.
LIMITATION ON USE OF AUTOMATED TOOLS
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.
Certain Services on the Site may have additional terms (such as policies and guidelines) that will further govern your use of that particular Service and supplement these Terms and Conditions. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
LINKS TO OTHER SITES
We may link other sites on our Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to you.
We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another's product or services.
LINKING TO THIS WEBSITE
You generally do not need to obtain permission from Pure Wellness & Co Pty Ltd to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
YOUR USE OF CONTENT
All of the Content available on or through the Services and/or the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, re-publish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.
We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.
The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside Australia you do so, on your own initiative and you are responsible for compliance with local laws.
WE MAKE NO WARRANTIES
We provide the site and the services "as is", "with all faults" and "as available." we and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable and accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by a Pure Wellness & Co Pty Ltd representative shall create a warranty. You use the site and the services at your own risk.
WE DO NOT PROVIDE MEDICAL ADVICE
This site and the services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. Developments in medical research may impact the health, fitness and nutritional information that appear here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the Services does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
GENERAL LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receiving Notices electronically by cancelling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms and Conditions" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the law of the Victoria, Australia governs these Terms of Service and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Victoria.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Pure Wellness & Co Pty Ltd. No right, license or interest to such trademarks is granted to be used by you by this Agreement.
RELEASE AND INDEMNITY
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in assisting any available defences.
You further release Pure Wellness from, and agrees to indemnify Pure Wellness in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the use of the Services Purchased.
By email: email@example.com
In Writing: Suite 604, 125 Swanston Street, Melbourne VIC 3000