Terms of Service

HEALTH & BALANCE VITAMINS
(ABN 55 611 969 236)

1. Definitions

1.1. “Company” means Drew Baird Fitness Pty Ltd (ABN 55 611 969 236) trading as 
Health & Balance Vitamins.
1.2. “Customer” means an individual who purchases a product from the website.
1.3. “Jurisdiction” means New South Wales.
1.4. “Products” means any item listed for sale on the website.
1.5. “Social Media Platforms” means:
1.5.1. the Tik Tok account: https://www.tiktok.com/@thepcosmentor
1.5.2. the Instagram account:
https://www.instagram.com/thepcosmentor/?hl=en
1.5.3. the Facebook page:
https://www.facebook.com/groups/healthypcosvipmembersclub
1.6. “Website” is the web address: https://handbvitamins.com.au.
1.7. “We/us” is, where the context permits, a reference to the Company.
1.8. “You/your” is, where permits, a reference to the Customer.

2. Terms of Service

2.1. The Website is operated by the Company.
2.2. By using the Website, you agree to be bound by the Terms and Conditions.
2.3. We reserve the right to modify, add, delete or amend these Terms and Conditions
at any time without notice to you. By continuing to use the Website after any
amendments or modifications are made by the Company, you agree to be bound
by the modified and amended Terms and Conditions.
2.4. We recommend you review these Terms and Conditions each time you access or
use the Website.

3. Disclaimer – No Medical Advice

3.1. The information provided by the Company, including but not limited to, text,
graphics, videos, and images are for informational purposes only. No information
provided by the Company is intended to be a substitute for personal, professional
medical advice, diagnosis, or treatment.
3.2. The Company does not provide medical care, medical opinion, medical advice,
diagnosis or treatment to Customers.
3.3. At no point prior, during or after the Customer purchases a Product or
communicates with the Company, does the Customer and Company have a
professional-client relationship.
3.4. Customers should consult their medical practitioner prior to commencing any
supplements or vitamins. Any questions Customers may have regarding the
suitability of the Company’s Products for their personal healthcare needs should
be directed to the Customer’s medical practitioner.
3.5. Customers should not avoid, delay or disregard medical advice from their medical
practitioner due to relying on any information provided on our Website.
3.6. To the fullest extent permitted by law, the Company does not give any implied or
express warranties and makes no representations in relation to the accuracy,
completeness or reliability of the information on the Website.
3.7. The Company strives to describe the Products on the Website as accurately as
possible. However, the Company provides no warranties that the descriptions are
accurate.

4. Customer Personal Responsibility

4.1. You are responsible for reading the Product description to understand the Product
you are purchasing.
4.2. Customers with pre-existing medical conditions are responsible for obtaining
medical advice from their healthcare practitioner prior to purchasing any
Products.
4.3. It is the Customers responsibility to read the Product description to ensure they
use the Product in the manner indicated. The Company is not responsible for any
injury or damage caused to a Customer due to improper use of a Product.

5. Products

5.1. The Company reserves the right to modify, discontinued or suspend the sale of
any Product with or without notice, at any time. To the extent permitted by law, the Company will not incur any obligation as a result of such a change to the
Products offered.
5.2. The media, content, and materials contained on the Website and in the
description of the Products are provided for general purposes only.
5.3. The Company provides information as to the usage and potential benefits of each
Product. However, we do not accept liability or provide any guarantee or warrant
any desired outcome following the use of the Products.
5.4. The Products on the Website are not a substitute for medication prescribed by
your healthcare practitioner and are not a substitute for advice provided by your
healthcare practitioner.
5.5. We make no guarantees of any specific result from the use of the Website.
5.6. You recognise that previous experiences and results of other Customers does not
guarantee a similar outcome. The results obtained by others, whether our
Customers, applying the principles set out within the Website are no guarantee
that you or any other person or entity will be able to obtain similar results.
5.7. We derive our information from accredited experts and specialist in their
respective fields and other such sources that we believe to be accurate and up to
date as at the date of publication, however we do not make any representations
or warranties that the information we provide is reliable, current, or complete at
all times.
5.8. Your reliance on any of the information on this Website is solely at your own risk,
and we make no guarantees as to the suitability, outcome, or results.

6. Payment, Pricing and Refunds

6.1. Payments on the Website are made through secure online third party payment
providers including PayPal Australia Pty Limited (ABN 93 111 195 389), Stripe
Payments Australia Pty Ltd (ACN 160 180 343) and AfterPay Australia Pty Ltd
(ABN 15 169 342 947).
6.2. To purchase a Product, you will be required to provide the Company with your
credit card information. Your credit card information will then be shared with our
third party payment providers.
6.3. The Company does not store or collect your personal or payment information.
This information is collected and stored by our third party payment providers.
6.4. By providing the Company with your credit card details, you warrant the payment
details and any personal information provided are correct. The Company accepts
no liability if you provide us with incorrect or incomplete personal details or
payment information.
6.5. All prices stated on the Website are in Australian Dollars unless otherwise stated.
6.6. All prices for Products are inclusive of GST.
6.7. You acknowledge and agree that upon payment of a Product, you have satisfied
yourself regarding the product and fees, and have made all necessary enquiries
regarding the ingredients, materials and shipping processes and agree to the
Terms and Conditions.
6.8. The Company is not required to provide you with a refund if you have opened or
tampered with the Product.
6.9. The process for returns and refunds can be found in our "Returns Policy".

7. Subscription

7.1. You acknowledge and agree that you are not required to subscribe to receive
Products.
7.2. Subscription is optional, by choosing to subscribe you enter into an agreement
with the Company to receive Products on an ongoing basis, at a frequency
decided by you.
7.3. Payment is required prior to any Products being shipped to you. Should your
payment fail, your subscription will be suspended until such time as payment is
attended to.
7.4. By subscribing, you agree to receive the Product on an ongoing and reoccurring
basis until you cancel the subscription.
7.5. You may cancel the subscription at any time by logging into your account and
cancelling your subscription, or alternatively by contacting the Company through
the “Contact Us” tab on the Website requesting your submission be cancelled.

8. Privacy and Security Information

8.1. The Company is bound by the Privacy and Personal Information Protection Act
1998 and the Health & Balance Vitamins Privacy Policy [insert hyperlink to Privacy
Policy once uploaded on the website].
8.2. Any personal information, if any, held by the Company will be kept confidential
and no details will be given to third parties without consent.
8.3. We do not guarantee that any data transmission over the Website will be totally
secure. All data transmitted by you is at your own risk, however, all transmissions
received by us will experience all necessary and reasonable steps to be preserved
securely in accordance with best practice, cyber security, and Privacy Protection
controls.

9. Confidential Information

9.1. The Company does not collect or store any personal confidential information.
However, should you share any personal confidential information with the
Company, the Company warrants that any and all information will be treated to
be confidential and may use confidential information of the disclosure only for the
purposes of this agreement and otherwise required by law.

10. Indemnity and limitation of liability

10.1. The Company expressly disclaims all warranties, express or implied, of any kind
with respect to the Products sold on the Website, including but not limited to
merchantability and fitness for a particular purpose except for the 'consumer
guarantees' outlined in the Australian Consumer Law (found at:www.accc.gov.au).
10.2. You agree that the sole and exclusive maximum liability to the Company arising
from any Product sold on our Website shall be the price of the Product ordered.
10.3. You agree to the fullest extent permitted by law to waive all legal rights of action
against and fully release and indemnify the Company and its officers, directors,
employees, servants, agents or consultants from any and all liability arising from or
in connection with their death or personal injury howsoever arising out of or in
relation to the Products sold by the Company, including without limitation, liability
for a negligent or tortuous act or omission, breach of duty, breach of contract or
breach of statutory duty on the part of the Company, its officers, directors,
employees, servants, agents or consultants.
10.4. The Company does not exclude or limit the application of any provision of any
statute (including Competition and Consumer Act 2010 (Cth) where to do so
would:

10.4.1. contravene that statute; or
10.4.2. cause any part of these terms and conditions to be void.
10.5. Except to the extent condition 10.4. applies, and to the extent permitted by law,
the Company excludes all:
10.5.1. statutory liability;
10.5.2. tortious liability (including negligence);
10.5.3. conditions and warranties implied by custom, the general law or statute;
10.5.4. liability for all special, indirect, incidental, consequential or punitive
damage and economic loss, loss of profits, loss of revenue, loss of
bargain, loss of goodwill, loss of anticipated savings, or loss of use of
products or equipment, arising our of or relating to these terms and conditions, the services offered by the Company, or any failure to supply
or delay in supplying the services by the Company, whether or not the
Company was aware or should have been aware of the possibility of such
loss or damage.
10.6. The Company’s liability to you for any breach of any express or implied provision
of these terms and conditions is limited, at the Company’s option, to:
10.6.1. Refunding the price of the goods or services in respect of which the
breach occurred; or
10.6.2. Replacing those goods.
10.7. You agree to indemnify and hold harmless the Company and each of its officers,
directors, employees, servants, agents or consultants against any losses, costs,
claims, damages, expenses, liabilities, proceedings or demands which any of them
may directly or indirectly incur or suffer as a consequence of any breach by them
of their obligations under these terms and conditions.

11. Intellectual Property

11.1. You acknowledge and agree that the Website and the content, materials and
information contained within are exclusively owned by the Company.
11.2. This exclusive ownership is protected by intellectual property and copyright laws
recognised internationally and domestically, including the Copyright Act 1969
(Cth), whether existing under stature, at common law or in equity, nor or
hereafter in force.
11.3. We reserve the right to encrypt, force password, and/or stamp license details at
our discretion to ensure additional safety.
11.4. We acknowledge that all information, materials, and content provided by way of
the Website does not infringe upon the intellectual property of any third parties.
11.5. No claims or associations may be asserted from any references to third parties or
third-party intellectual property by us.
11.6. You acknowledge and agree to respect the intellectual property rights of others,
including but not limited to other users and third parties. You will refrain from
using, reproducing, or exploiting any third party or user content in a manner that
would infringe upon their intellectual property rights whether existing under
statute, at common law or in equity, now or hereafter in force.
11.7. These terms do not in any way transfer any of our intellectual property rights to
you or any third parties.
11.8. All intellectual property displayed on the Website has been provided with consent.
11.9. No content, materials, or information on the Website should be interpreted as to
granting any rights to the commercial use or distribution of any names, logos, or
trademarks, without the express written consent and agreement by the relevant
owners.
11.10. If it is identified that our intellectual property has been infringed upon, we reserve
the right to report you to the relevant authorities, or take any other actions
deemed necessary.

12. Errors and Omissions

12.1. The Company does not promise or guarantee that all information on the Website
is correct, complete and/or up to date.
12.2. The Company has taken reasonable steps to ensure the information on the
Website is accurate, however, the Company cannot guarantee the Website is free
of errors.
12.3. Customers are responsible for conducting due diligence to verify any information
obtained from the Website.

13. Entire Agreement

13.1. This Agreement and all related policies, notices, and documents constitute the
entire agreement concerning your use of this Website and supersedes all previous
agreements whether written or oral.

 

14. Jurisdiction

14.1. The laws of New South Wales shall apply to these terms and conditions.