- Your Acceptance
Hormone Health Studio, (“we”, “us”, or “our”) is glad to welcome you to its website hormonehealthstudio.com.au (“the Website”). The Website provides you with information about health, vitamins and dietary supplements (“VDS”) and is a retail store for VDS products (our “Products”). The hormonehealthstudio.com.au online store is open 7 days a week, 24 hours a day.
The following terms and conditions relate to the provision of any services, products or downloadable material from the Website . These Terms and Conditions constitute an agreement between, Hormone Health Studio ABN 36 279 958 370, the owner and operator of the Site and Services, and you, a user of the Site and/or Services.
By using our Site or any Services you agree to be bound by this Agreement. Your placement of an order also indicates your acceptance of these terms and conditions in accordance with paragraph 3. We may amend this Agreement and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, you must cease using our Site and Services immediately.
- Requirement to Obtain Professional Medical Advice
2.1 All content on our Site is for informational and educational purposes only. Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies. None of the content offered on our Site guarantees any particular outcome or results. The content found on the Site is not intended as a substitute for the advice provided by your doctor or other healthcare professional.
2.2 Hormone Health Studio does not provide medical care, medical opinion, medical advice, diagnosis or treatment. All information found on the Website or its links, or contained on any product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure or prevent any disease.
2.3 You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services. Consult your health practitioner before starting any diet, exercise, supplementation program, or taking VDS products. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition and/or the interaction of any VDS supplements with medication you are taking. You should include VDS supplements and products (including the Products) when you are asked by your doctor and/or pharmacist what medicines you are taking.
2.4 If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breastfeeding, you should contact your health care provider before using our Services. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site. Please seek medical advice in regards to your health conditions and physical fitness.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
By placing an order through our Website, you warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
- Our Reliance on Your Accuracy of Information
4.1 You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.
4.2 You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
4.3 You warrant the truth, accuracy, currency and completeness of any information you provide us.
- Formation of an agreement
5.2 By clicking on the “I accept” box and placing an order you agree to these terms and conditions and a legally binding agreement is formed between you and Hormone Health Studio, consisting of your order and these terms and conditions (“Agreement”).
5.2 The Agreement will be ongoing in regards to Subscriptions, until or unless your Subscription is cancelled or terminated in accordance with these terms and conditions.
- Subscriptions (if applicable)
6.1 You acknowledge and agree that by ordering Hormone Health Studio Products you enter into an agreement to receive the Products on an ongoing subscription basis (your “Subscription”) every 30 days commencing on the date you place your initial order (“Order Cycle”). Order Cut-off is when your next payment is processed (“Order Cut-off”). You will be charged for your initial order upon completing the initial transaction on the Website. Subsequent recurring orders will be charged following the relevant monthly Order Cut-off, without further authorisation from you, unless you have cancelled or otherwise modified your Subscription or delivery preferences in accordance with these Terms and Conditions.
6.2 By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in this Agreement. Unless or until otherwise updated or adjusted in accordance with these Terms and Conditions, your Subscription amount and payment interval are set out on your initial checkout page, confirmation correspondence, and can be accessed using your Login to the Customer login area of the Website.
6.3 You can cancel or pause your Subscription at any time without the need to receive further Products from us, or make further payment to us by sending a cancellation or pause request to us via email (firstname.lastname@example.org).
6.4 You can amend your Subscription at any time either (a) via your Login (as defined under paragraph 5 below); or (b) by sending an amendment request to us via email (email@example.com).
6.5 Where you are amending your Subscription, once you submit your amendment request (either via your Login or by email request to us), you will have access to a confirmation of the details of your amended Subscription, including the Products and any difference in price. If your amendment request is submitted:
(a) before your order payment is processed, your amended Subscription (ie your amended Products and payment) will take effect at the same Order Cycle; or
(b) after the order payment, your payment will be processed, and your Products sent, for that Order Cycle in accordance with your original Subscription and your amended Subscription (ie your amended Products and payment) will take effect the following month.
6.6 Where you are pausing or cancelling your Subscription, your pause or cancellation request must be received before the Order Cut-Off. If your cancellation request is received after the Order Cut-Off, your payment will be processed, and your Products sent for that Order Cycle and your cancellation will take effect the following month.
6.7 If we receive your pause or cancellation request prior to Order Cut-Off it will be effective immediately. If we receive your pause or cancellation request after the Order Cut-Off, it will be effective after delivery of the next order of Products.
6.8 If you cancel or pause your Subscription, you will not be charged a cancellation fee. You can re-subscribe at any time following your pause/cancellation, but we reserve the right not to permit re-subscription.
6.9 We reserve the right to terminate your Subscription at our reasonable discretion at any time and without giving any reasons for our decision. If we terminate your Subscription, you will cease receiving your order of Products effective from the Order Cycle immediately following our termination and we will stop processing your payments.
- Description and use of services and your login
7.1 Through our online, in person recommendations, and informative services (“Services”), we help you to create a custom selection of VDS products from our suppliers that we deliver to you.
- We also provide a range of consultative services specialising in endometriosis, Pcos, pms & pmdd, fertility, pregnancy, postpartum & menopause.
7.2 Visitors who do not register with us but want to explore the Website do not need a login. Visitors can view all public content on the Website and e-mail us.
7.3 If you wish to make a purchase and register for a Subscription, you must set up a login and account (“Login”) or checkout as a “Guest”. You will be able to do all things that Website visitors can do, but you can also access your personal account information, manage your Subscription and use the Services. Your Login and use of your Login is subject to these Terms and Conditions.
7.4 Hormone Health Studio is under no obligation to accept any individual’s registration and/or request for a Subscription and may accept or reject any registration or Subscription or request for service/products in its sole and complete discretion.
- Product descriptions, availability and shipping
8.1 We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and to the extent permitted by law we will not incur any obligation as a result of such change.
8.2 Our packages are shipped via Australia Post and packages are delivered between 7-10 business days after ordering. In the event of shipping delays and/or if any of our VDS Products are out of stock, please expect to be contacted by a representative of the Hormone Health Studio team.
8.3 Changes to address details and/or delivery instructions must be communicated at least five (5) days before your next order is processed, via phone, chat or email.
8.4 If you enter incorrect details, or fail to update your details, including but not limited to, your name, email address and/or delivery address we will have no liability to you if your Products are not delivered to you. We will not issue a refund or replacement in these instances.
8.5 Hormone Health Studio reserves the right to replace a Product ordered by you with a different Product of the same or greater value to fulfil your order. This may mean Hormone Health Studio uses a tablet/capsule that may have a different colour, size, shape, taste, texture, smell, coating, and other attributes.
8.6 Without notice we reserve the right to cancel or modify an order where it appears that a Customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
- Nutritional Information
Nutritional information provided on our Site is based on extensive research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
- Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
- Personal Information
11.1 We are required to collect such personal information from you as reasonably required to provide you with our Services. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only.
11.2 You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
- User Accounts
12.1 We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.
12.2 You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.
12.3 You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.
- Storage and management of collected information:
13.1 Hormone Health Studio does not collect or store your payment information. All payment information is collected and stored by our payments provider, Stripe, in order to be processed as required. We never permanently store complete debit/credit card details.
13.2 All online debit/credit card transactions performed on the Website are through secured payment gateways. We currently use the payment gateway owned and operated by Stripe Payments Australia Pty Ltd A.C.N. 160 180 343 for our online payment transactions.
13.3 Complete debit/credit card details cannot be viewed by Hormone Health Studio or any outside party.
13.4 Payments will appear on your bank statement as “Hormone Health Studio”
13.5 We have taken steps to help protect the personal data we collect from the Service. However, no data security measures can guarantee 100% security.
14.1 We use a secure online payment system. In order to purchase any of our Services you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our thir d party payment processors such as PayPal and Stripe. 14.2 By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.
14.3 All Services must be pre-paid. Orders will only be available after full payment of the total amount is cleared.
14.4 You warrant that the payment details and any related personal details you provide us are correct.
14.5 We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.
14.6 In the event that we cannot fulfil your order, or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement. Hormone Health Studio does not accept money orders, cashier’s cheques, personal cheques and company cheques.
14.7 Orders will be charged to your nominated payment method:
(a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard and American Express Cards.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
(c) It is your responsibility to ensure that the billing address and telephone number you provided – the address and phone number your credit card bank has on file for you – are correct. Incorrect information may cause a delay in processing your order.
15.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to our products and your future payments will reflect the revised pricing. You do not need to do anything to accept the change of price. However, you are under no obligation to accept the price revision and if you do not accept the price revision you may suspend or cancel your Subscription in accordance with paragraph 4.
15.2 The current prices of the Products and our delivery charges will be as quoted on the Website, as updated from time to time.
15.3 Product prices and delivery charges include taxes including GST where applicable.
15.4 Delivery may incur an additional surcharge depending on your delivery area and order value. Orders under $30 automatically incur a delivery fee that will be reflected at the checkout. Hormone Health Studio discounts or promotional offers do not apply to delivery fees, unless specified otherwise.
The prices for Services provided under this Agreement will be as set out on our Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).
All Services available from our Site are subject to consumer protections under the Australian Consumer Law.
- Discount Vouchers
16.1 We may offer discount promotions and other types of discount vouchers (“Discount Voucher”) which require activation by email application in order for the holder to commence delivery of Products through our Services. If paid for, the Discount Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Discount Voucher (“Holder”) when the Holder redeems the Discount Voucher by applying for the provision of our Services to commence.
16.2 A Discount Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Discount Voucher is only valid on the Holder’s first Product purchase unless specified otherwise.
16.3 Only one Discount Voucher is allowed to be applied per order. A Discount Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a Customer’s account.
16.4 We reserve the right to withdraw or cancel any Discount Voucher (other than a paid up-front gift card) for any reason at any time.
16.5 Discount Vouchers may only be redeemed through the Website and in-store and not through any other website or method of communication. To use your Discount Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and meet any special conditions attached to the Discount Voucher.
16.6 Any discounts attached to Discount Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable).
16.7 Discount Vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
- Refunds and Cancellations
Your rights to refund are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).
In the event of any defect with the Services that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services in question (where applicable), or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, you must notify us immediately by emailing us at firstname.lastname@example.org.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may resupply the service or pay for the service to be supplied again.
- Privacy, cookies and security
The Website is owned and operated by Hormone Health Studio. Unless otherwise specified, all material appearing on the Website remains the property of Hormone Health Studio, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively referred to as the “Content”) as well as the selection, assembly and arrangement thereof.
The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws. Hormone Health Studio grants you a non-exclusive, revocable, non-sublicensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the Website and placing and an order with us. Otherwise, you have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.
You may not sell, transfer, assign, licence, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.
- Your Content
21.1 Customers may post and/or create content through the Website, the Services or other platforms affiliated with Hormone Health Studio. That includes but is not limited to, reviews and comments about Hormone Health Studio (collectively, the “Customer Content”). We cannot and do not review all the Customer Content.
21.2 You must not submit, post or display any Customer Content that:
(a) you do not have permission, right or license to use, upload, and permit use as contemplated by this Agreement;
(b) is objectionable, offensive, unlawful, defamatory, deceptive or harmful; or
(c) is illegal, fraudulent, or manipulative.
10.3 We may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us at our sole discretion.
21.4 You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. You, and not Hormone Health Studio, are entirely responsible for all your Customer Content that you upload, post, e-mail, or otherwise transmit via the Website and the Services.
21.5 You grant us licence to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.
21.6 You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the Customer Content, including any breach you make in reference to clause 10.
21.7 Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
21.8 If you have any questions about your Customer Content and/or the content of another of our customers on the Website, you can contact us at hello@Hormone Health Studio.com.au.
- Your account obligations
22.1 You agree to provide true, accurate, current and complete information, including information about yourself as prompted by the questionnaire & registration form (the “Information”) and maintain and promptly update your Information to keep it true, accurate, current and complete. You can update your Information by emailing us at email@example.com. If we determine that the Information that you provide is not of such nature, we may suspend or terminate your account and login and refuse any and all current and future use of the Website at our sole discretion.
22.2 You are responsible for maintaining the confidentiality of your password and registration attached to your Login and are fully responsible for all activities that occur under your Login. You agree to immediately notify us of any unauthorised use of your Login or any other breach of security.
You agree to defend, indemnify and hold harmless Hormone Health Studio from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to our Site and Service;
- your violation of any term or condition of this Agreement;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your use caused damage to a third party.
This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.
- Limited purchase quantities
Hormone Health Studio reserves the right to monitor and limit your purchase amounts of Products at its sole discretion. Hormone Health Studio reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Hormone Health Studio will reduce Product(s) to what Hormone Health Studio considers a non-commercial quantity. Any commercial size quantities should be requested by email to: firstname.lastname@example.org.
- Privacy and Child Protection
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records and Information Privacy Act 2002 (NSW)) (“HRIP Act”) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information.
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of the Products, Services and/or any other goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older.
Hormone Health Studio complies with all Australian Child Protection legislation to the extent applicable.
- Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hormone Health Studio reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order. If we decline your order, we will refund the amount paid.
- Forum of Dispute
27.1 You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
27.2 If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
27.3 You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemics, endemics or any other event beyond our control.
29.1 In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
29.2 If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
- Electronic Communications
33.1 We use electronic means of communication, whether you visit the Site or Service or send us emails, or whether we post notices on the Site or Service or communicate with you via e-mail. For contractual purposes, you:
- consent to receive communications from us in an electronic form;
- agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
33.2 By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at email@example.com with ‘unsubscribe’ in your email’s subject, or by unsubscribing through this link.
- Behaviour Guidelines
34.1 You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose.
34.2 You will not access or use the Website and the Services to collect any market research for a competing business.
34.3 You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file.
34.4 You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means.
- Limitations and Liability
35.1 Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you.
35.2 In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
35.3 For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity. With the exception of Consumer Guarantees, we exclude:
- any term, condition or warranty that may otherwise be implied by custom, law or statute;
- any liability for loss caused by our negligence; and
- any liability for Consequential Loss.
35.4 To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
- In the case of goods, to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- In the case of services, to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
35.5 In the event of any problem with the Services that you have purchased on or through this Site, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.
35.6 For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
35.7 If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
35.8 You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement.
35.9 In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services within the last six months, whichever is greater.
- General Information
36.1 These Terms and Conditions constitute the entire Agreement between Hormone Health Studio and you and govern the use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
- Further, to the fullest extent permitted by law, Hormone Health Studio explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. Links to and/or from external third-party sites from this Website are provided for convenience only and Hormone Health Studio does not endorse or make any warranty with respect to such external sites. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such third-party sites. Third-party sites may be subject to additional fees and separate terms issued by the owner and operator of a third-party site, which will form a separate agreement between you and the relevant owner and operator.
36.2 Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
36.3 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
36.4 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
36.6 No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
36.7 We reserve the right to make changes, corrections, and/or improvements to the Website and the Services at any time.
For all queries, please contact:
Level 1/178 Hunter St, Newcastle NSW 2300