General Terms and Conditions

Terms of Service

Please carefully read through our Terms of Service Policy before you use any of the content on our Website or make a purchase. The information provided below governs your access and use of the Website and any purchases you make through, or in connection with, the Website or the Shop on the Website.

This website is operated by Meliora Health and Wellbeing. Throughout the site, the terms “we”, “us” and “our” refer to Meliora Health and Wellbeing. Meliora Health and Wellbeing offers this website, including all information, tools, products and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products or tools which are added to the current shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Our shop and any purchasable items are hosted on Square. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

1. Online Shop terms (any products including, but not limited to; shop items, materials, content and resources)

By agreeing to these Terms of Service, you represent that you are at least the age of legal consent in your state or province / shire of residence, or that you are the age of age of legal consent in your state or province / shire of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment or credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment or credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Intellectual property, software and content

The intellectual property rights in all the software, products and content available on or through this Website is and remains the property of Meliora Health and Wellbeing. All intellectual property rights in software and content available on or through this Website are protected by copyright laws and treaties around the world. You are welcome to print, store and / or display the content for your own personal use. However, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content that appears on this Website. You are not allowed to use any such content in connection with any business or commercial enterprise. You are not allowed to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or documentation supplied by Meliora Health and Wellbeing.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

3. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the service and prices

Prices for our products, content and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Products or services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products and services or product and service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

7. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from, or relating to, your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

8. Third-party links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Disclaimer of warranties: limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Meliora Health and Wellbeing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless Meliora Health and Wellbeing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site, or in respect to, The Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

19. Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. Contact information

Questions about the Terms of Service should be directed to:

Meliora Health and Wellbeing

www.meliorahealthandwellbeing.com.au

meliorawellbeing@gmail.com

Brisbane, Queensland, Australia

ABN: 31 916 829 946

Privacy Policy

Please carefully read through our Privacy Policy before you use the content on our Website or make a purchase. This Privacy Policy applies to all personal information collected by Meliora Health and Wellbeing (we, us or our) via the Website located at www.meliorahealthandwellbeing.com.au.

1. What information do we collect?

The kind of Personal information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include:

Name, Email Address, Social media names and at times addresses.

2. Types of information

The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.

Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:

(a) Whether the information or opinion is true or not; and

(b) (ii) whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as ‘Personal Information’ and will not be subject to this privacy policy.

Sensitive information is defined in the Privacy Act as including information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

(a) For the primary purpose for which it was obtained:

(b) For a secondary purpose that is directly related to the primary purpose; and

3. How we collect your Personal Information

(a) We may collect Personal Information from you whenever you input such information into the Website, related app (when available) or provide it to Us in any other way.

(b) We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

(d) Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.

4. Purpose of collection

(a) We collect Personal Information to provide you with the best service experience possible on the Website and keep in touch with you about developments in our business.

(b) We customarily only disclose Personal Information to our service providers who assist us in operating the Website. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

(c) By using our Website, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.

5. Security, Access and correction

(a) We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained it in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfill our record keeping obligations.

(b) The Australian Privacy Principles:

(i) Permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and

(ii) Allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).

(c) Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.

6. Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by Tracy Stanbury and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

7. Overseas transfer

Your Personal Information will not be disclosed to recipients outside of Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.

8. GDPR

In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.

9. How to contact us about privacy

If you have any queries, or it you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through:

Meliora Health and Wellbeing

meliorawellbeing@gmail.com

www.meliorahealthandwellbeing.com.au

Brisbane, QLD, Australia

1-61333340371

ABN-31916829946

Returns and Refund Policy

We have a 7-day return policy, which means you have 7 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You'll also need the receipt or proof of purchase.

To start a return, you can contact us at meliorawellbeing@gmail.com. Please note that returns will need to be sent to the following address: 9 Marriott St, Coorparoo, QLD, 4151, Australia

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Please note that if your country of residence is not Australia, shipping your goods may take longer than expected.

You can always contact us for any return questions at meliorawellbeing@gmail.com.

1. Damages and Issues

Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and make it right. Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalised items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.

Unfortunately, we cannot accept returns on sale items or gift cards.

2. Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item. European Union 3 day cooling off period Notwithstanding the above, if merchandise is being shipped into the

European Union, you have the right to cancel or return your order within 3days for any reason and without justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

3. Refunds

We will notify you once we’ve received and inspected your return to let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 7 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than 15 business days have passed since we’ve approved your return, please contact us at meliorawellbeing@gmail.com or www.meliorahealthandwellbeing.com.au

Shipping Policy

1. Order processing time

Please allow 5 business days to process your order. Expect an email withing the 5 business days to let you know your order is on the way.

Shipments do not occur on weekends. If we are experiencing high volumes of orders or any delays you will receive an email update with an estimated shipping time.

2. Delivery

During checkout, enter your address and choose the ship option. Click the “continue to shipping” button.

Orders are generally shipped within 5 working days using Australia Post (standard delivery is 2-7 days but up to 14 days depending on distance).

3. Shipping costs

Shipping charges for your order will be calculated and displayed clearly at checkout.

4. Shipment confirmation and order tracking

You shall receive a shipping confirmation and tracking details from Australia Post or alternative carrier if they are used.

5. Damages

Meliora is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier or our team directly to file a claim. Please save all packaging material and damaged goods before filing a claim. Take a photo when they arrived immediately if damage has occurred.

6. Customs, duties and taxes

Meliora Health and Wellbeing is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

7. Refunds, returns and exchanges

Please see the returns and refunds policy in relation to our refunds, returns and exchanges.

Disclaimers

Disclaimer for website

The information provided by Meliora Health and Wellbeing (“we”, “us”, or “our”) on http://www.meliorahealthandwellbeing.com.au (the “Site”) is for general information purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. We attempt to ensure that the information on the Website is complete and accurate, however, this information may contain inaccuracies. We assume no responsibilities for such errors and inaccuracies and reserve the right to revoke any offer stated on the Website; correct any inaccuracies or errors; make changes to prices, content, promotions, products or information on the Website. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

Professional Medical - health

This website does not provide medical advice, we strive to provide accurate information on wellbeing. The information, including but not limited to text, graphics, images, audio, video and other material, provided on this website are for informational and educational purposes only and are solely as a self-help guidance tool for your own use. Although we are educated in the field of psychology, we are not your personal psychologists / therapists. This website does not establish any kind of patient-client relationship by your use of it. No material on this website substitutes professional medical advice, diagnosis, treatment, or consultations with healthcare professionals. Always seek the advice of your physician or qualified health care provider with any questions you may have regarding a mental or physical / medical condition or treatment and before undertaking a new health care regimen. Never disregard professional advice or delay in seeking it due to something you have read on / from this website. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

External links disclaimer

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRE-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKIED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRoDUCTS OR SERVICES.