Pure HealthOnlineTerms (‘Terms’)
Welcome to the Pure Health website. These Terms will govern your participation in and use of the Online Ordering System operated by Sonia Health Foods Pty Ltd trading as Pure Health(ABN 56 611 239 015). By clicking the “Accept”, you agree to comply with these Terms and that the effective date of this agreement is the date on which you click “Accept”. If you do not accept these Terms, we cannot provide you with access to the Online Ordering System.
We reserve the right to change the functionality of the Online Ordering Systemat any time without notice to you. We may modify and update theseTerms at any time, without notice to you. You need to ensure you review the Terms from time to time. In using our Online Ordering System, you agree to be bound by these Terms.
Notification of the amended Termsmay also be sent to youby email or as a general notice posted to your account.
The amended Terms will take effect from the next time you log into the Online Ordering System. If you do not agree with the amendments, then you must stop using your account and the Online Ordering System. Your continued use of the Online Ordering Systemis subject to our current Terms as amended from time to time.
You can access and usethe Online Ordering System as a Guest User to purchase our general range of Retail Products, however only people who enroll as a Registered User are able to purchase Practitioner Only Products that are high potency, natural medicines that must be listed or registered on the Australian Register of Therapeutic Goods, and otherwise access the benefits of membership of our Website, which include store their delivery information on the Customer Dashboard, order tracking on the Customer Dashboardor subscribe to our newsletters to receive information on new brands, product launches promo codes and exclusive online offers available only on our Website.
We ship internationally to a select number of countries, please check our FAQ page for the countries to which we ship and the currencies that we acceptfor payment for the Products we ship.
International customers accessing Website do so on their own initiative and are responsible for complying with their local laws or regulations regarding the purchase of medications online, customs or tax law or regulations, and compliance with the laws or regulations governing delivery of products to non-Australian addresses. International customers are also required to pay all duties and taxes on Products and shipments as may be relevant to their country regulations.
We offer delivery Australia wide and internationally through our delivery partners at Australia Post. There is a standard delivery charge for Australia wide delivery and the calculation of postage for international delivery is calculated at check-out.
The click and collect delivery option is only available at our Sydney stores, in QVB, Town Hall and MET Centre, Wynyard, we will email you to confirm your preferred day / time for pick up.
Please be aware that Due to the COVID-19 situation in Australia, our delivery partners at Australia Post may experience delays in getting your package to you. Registered Users will be able to track your order on the Customer Dashboard.
“Customer Dashboard” means the unique portal to a Registered User’s account on which they store their delivery information and otherwise manage their account and engage in repeated transactions.
“Guest User” means any user of the Online Ordering System who does not register enroll as a Registered User.
“health information” has the same meaning as set out in the Privacy Act 1988 (Cth).
“Healthcare Professional” has the same meaning as defined in the Therapeutic Goods Act 1989 (the “Act”) as any person who, under a law of a State or internal Territory, is registered or licensed to practice in any health professions stipulated in the Act, which includes:
1. Medical practitioners, psychologists, dentists, pharmacists, optometrists, chiropractors, physiotherapists, nurses, midwives, dental hygienists, dental prosthetists, dental therapists or osteopaths; or
2. Herbalists, homoeopathic practitioners, naturopaths, nutritionists, practitioners of traditional Chinese medicine or podiatrists.
"Online Ordering System"the online prescription and retail product ordering system made available by Sonia Health Foods Pty Ltd ATF Pure Health (ABN 56 611 239 015) on the Website that provides for the ordering of Practitioner Only Products or Retail Products by Patients.
“personal information” has the same meaning as set out in the Privacy Act 1988 (Cth).
“Practitioner Only Products”means high potency, natural medicines that must be listed or registered on the Australian Register of Therapeutic Goodsin accordance with the Therapeutic Goods Act 1989 of Australia. As stipulated by section 42AA of the Therapeutic Goods Act1989 and Therapeutic Goods Regulation 1990, Practitioner Only Products can only be dispensed to those who have had a Healthcare Professional consultation, who will provide you with a Script. The sale of Practitioner Only Productsis regulated by the TGA.
“Product(s)” means any Practitioner OnlyProducts or Retail Products.
"Retail Products" means any natural, traditional and complementary health and related products that are not required to belisted or registered on the Australian Register of Therapeutic Goods and includes any other products available for purchase on the Website.
“Registered User” means any person who completes to registration webpage to receive the benefits of being a Registered User, including being able to store their delivery information on the Customer Dashboard or subscribe to our newsletters to receive information on new brands, product launches promo codes and exclusive online offers available only on our Website.
“Script” means a prescription from your Healthcare Professional. This is provided after a consultation where the Healthcare Professional will help you choose the most appropriate products to meet your needs. The prescription of the appropriate product is the sole and exclusive responsibility of the prescribing Healthcare Professional.
“Services” means the use of the Website to facilitate the supply of Practitioner Only Products and Retail Products.
“TGA” means the Therapeutic Goods Administration.
"we", "our" and "us" means Sonia Health Foods Pty Ltd ATF Bhuta Family Trust No 2 t/a Pure Health (ABN 56 611 239 015)
"Website" means https://www.purehealthvitamins.com/
“User” includes Guest User and Registered User.
"you"and "your"means any User of the Online Ordering System.
2. REGISTERING FOR OUR ONLINE ORDERING SYSTEM
- Guest Users can use theOnline Ordering System to purchase Retail Products, with the delivery information and email contact information supplied when Guest Users reach the check-out section of the Online Ordering System.
- In order to purchase Practitioner Only Productson theOnline Ordering System, you need to register and set up a customer account, which provides you with a Customer Dashboard from which you can uploaded a Script for verification, after which the Registered Used will then be able to view and purchase from Practitioner Only Products.
- To use (or continue to use) our Online Ordering Systemto purchase Practitioner Only Products, you must provide us with truthful, accurate and complete registration information, including yourfull name, email address, and delivery address and postcode. If any such information changes, you must immediately update yourregistration information, as you we communicate with you using your registered email address and ship deliveries of Products to your registered address.
- We have the right to verify the truth and accuracy of any registration information at any time. Please be advised that if any information is determined by us to be misleading, inaccurate or untruthful, we may restrict, deny or terminate your account and/or your access and use of the the Online Ordering System.
- You are responsible for maintaining the confidentiality of your password or login details and you are fully responsible for all liability and losses resulting from your failure to maintain that confidentiality.
- You are responsible for all usage and activity on your account with us, including use of the account by any family member, employee, independent contractor, agent or other third party authorised by you.
- You agree that we may rely on any instruction or request supplied to us on the Online Ordering System which is reasonably believed by us to be genuine and to have been sent or presented by a person reasonably believed by us to be authorised to act on your behalf.
- You must notify us by e-mail at email@example.com as soon as you become aware of any confirmed or suspected unauthorised uses of your account, or any confirmed or suspected loss or unauthorised disclosure of your password or login details.
- Any fraudulent, unauthorizedor otherwise illegal activity on the Online Ordering Systemmay be grounds for us to suspend or termination your access to the Online Ordering System, without prejudice to our rights underany other terms of these Terms.
- From time to time we may advertise specials, promotions, and offers (together ‘Offer’) for a limited time. You need to review the specific terms and conditions, including any dates or other conditions that may apply for that Offer, prior to purchase.
3. WARRANTIES AS TO USE OF OUR SERVICES
- To be eligible to use our Services, you warrant that:
- You are 18 years of age or older and able to form a legally binding contract; and
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities.
4. ORDER TO PURCHASE PRACTITIONER ONLY PRODUCTS
- In order to purchase Practitioner Only Products, you will need to follow the steps listed below:
- Sign-in to your account or create a free account here.
- Once you have signed in, you will upload your Script in your Customer Dashboard.
- We will use our best efforts to verify your Script within 24 hours of it being uploaded. You will receive an email and notification in your Customer Dashboard to confirm verification of your Script.
- Once approved, you can start shopping for Practitioner Only Products on our Website.
- We reserve the right to refuse to supply any Practitioner Only Products or Retail Products ordered by a User for any reason, including, but not limited to, if the quantity of items ordered per monthexceeded the number of Products, wein our sole discretiondetermine is the appropriate number to supply to any person.
- Not all Products may be available in stock at the time of ordering. If this is the case, we will contact you by email and post to your Customer Dashboard to let you know. For this reason, you might receive your order in two or more packages. This does not however impact the postage feefor each order, which will remain the same.
- If you are experiencing difficulty placing your order online, please email us at firstname.lastname@example.org call us on +61410 331 331 and we will gladly assist you.
5. COMPLETION OF ORDER POLICY
- The Products promoted on the Website are subject to availability and may change from time to time. We reserve the right to add or delete Products from our Website at any time at our sole discretion.
- Product details may change (we recommend you read the label) and vary slightly from the advertised images. Products are subject to availability and while stocks last.
- The prices and availability of Products may vary from time to time. In case of any price discrepancies, we reserve the right to decline to process any request for the supply of Products when there has been an incorrect price shown for the Product due to a price listing or other typographical error on the Website.
- When we decline to accept and process any request for the supply of Products under this Completion of Order Policy, we will refund you the amount received from you or reimburse any deductions from your payment system, debit card or credit card.
- We also reserve the right, after receipt of your request for the supply of Products, to accept or decline your request, which right we may exercise in our sole discretion at any time,without having to provide you with any reason for our decision.
- We also reserve the right, after receipt of your request for the supply of Products, to split your order into more than one delivery package. To find out if your order has been split into multiple packages, visit the ‘My Orders’ section in your Customer Dashboard.
- You will receive a tracking number or numbers in your order confirmation email, which you can track on your Customer Dashboard.
- If your order was not received by you and you are unable to identify the reason by tracking your order on your Customer Dashboard, you can contact use by email with your order confirmation number and we will investigate and report to you on what is happening with your order.
- If a Product is being returned, by you then this will be governed by our Returns Policy.
6. PAYMENT METHODS
- We accept:
- We accept Visa, Master Card and American Express, PayPal for payment, as well as valid gift cards;
- *[ (there is no surcharge for Visa or Mastercard) ]* ;
- (there is surcharge of ** for the use of American Express charge cards);
- We also offer Zip Pay & After Pay - where you can buy now and pay later;
- We also provide for discounts on the listed price of Products through the use of promo codes, which are subject to terms and conditions for the use of such codes, including the code only be valid for specific Products or requiring use before the expiry date of a code; and
- We also offer gift cards for use for payment for Products. When you proceed to our check-out page to place your order, you will be able to apply your gift card code in payment methods. Once the code is matched, the amount will be deducted from your order total.
- Your payment transaction will be processed as you complete the request for Services on the website. We do not store your payment system, debit or credit card information on the Website, in the event payment transactions occur on our Website, we pass your payment system, debit or credit card information tothird-party payment processorsusing secure payment technology and the third-party payment processors complete the transaction and send us the confirmation of payment.
- If we decline to complete your request for purchase pf Products under our Completion of Order Policy,we will refund any amounts paid by you as described in that policy.
7. RETURNS POLICY
- We aim to dispatch orders for Products as soon as possible once they have been placed. Therefore, we are unable to make any changes to your order once received. This includes changes to the delivery address, email address, cancelling the order, or adding or removing items from the order.
- In relation to Products purchased with a gift card, you can exchange the item(s), but not obtain a refund on the return of the item(s).
- Except in relation to Products purchased with a gift card, you are eligible for a full refund for item(s)or the exchange of item(s) for different item(s), that you wish to return within 30 days of delivery of the item to you. We do not accept returns for any item(s) that have been opened and must be unused and in original packaging. The item(s)being returned must be accompanied by proof of purchase. This could be an email confirmation of your order or a store receipt or a return slip generated in your Customer Dashboard.You are responsible to ensure we receive any returned item.
- If you would like to make a return, please go to your Customer Dashboard and select the item(s) you wish to return, which will generate a return slip to include with the item being returned to us. Once the item has been received and the reason for return approved, we will notify you by email and process your refund. The refunded amount may take up to 5 working days to appear in your payment service provideraccount or debit card or credit card account, depending on the method of payment you use, it may take longer. Check with your payment service provider or debit card or credit card provider. If the refund is not completed after 2 weeks, please email us at email@example.com
- We take great care to ensure our Products reach you in good condition. However, if you receive a faulty or damaged Product, simply return it to us and we will happily replace the item or offer you a refund once the item has been returned and received by us.
- Any faulty or damaged Products will be replaced at no charge if the return request is made within 30 days of delivery of the item. In relation to postage charges for any faulty or damaged item, we will, at your choice, provide you with a credit on your account with us or refund you the amount of the postal charges for damaged or faulty. You are responsible for the postage cost for the items being returned for all other returns (eg change of mind, replacement for a different item etc). Postage for a returned item will need to be tracked and require a signature on arrival to ensure we receive the item.
- International Orders: Please choose your items carefully as we do not offer any refunds or returns on international sales.
- Registered Users can subscribe to our email newsletters to receive information on new brands, product launches. promo codes and exclusive online offers available only on our Website.
- You can opt-in (or opt-out) of receipt of our email newslettersthrough your Customer Dashboard(go to Account Overview) or simply enter your email and subscribe to newsletters via weblink on the Website.
9. DISCLAIMER IN RELATION TO THE OPERATION OF THE WEBSITE
- We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavours to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.
- You agree and acknowledge that the Website uses third party vendors and hosting partners to provide the necessary software, hardware, data storage and functionality to operate the Online Ordering System.
- You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.
10. DISCLAIMER IN RELATION TO INFORMATION IN RELATION ON USE OF PRODUCTS
- The information on this Website is for informational purposes only and is not intended as a diagnosis of any medical condition or advice as to medical treatment of any condition.
- We are not involved in making any determination regarding the appropriateness, validity or otherwise of anyPractitioner Only Products or any other medication. You should seek the advice of a qualified Medical Practitioner or qualified healthcare provider in relation to your use of any Practitioner Only Products or any other
- You should also read any information contained on any product packaging, labels or information sheets supplied with the Retail Products,Practitioner Only Products or any othermedication offered for sale on the Website.
11. DISCLAIMER FOR OUR PRODUCTS SKIN CARE AND BEAUTY PRODUCTS
- Any Products you purchase on or through this Website should be used as directed in the instructions or on the Product packaging. If you have any sensitivities or allergies to any listed ingredients, you should not use or consume these Products.
- As everyone has a different physiology, your body may react to Practitioner Only Products or any of our Products in different ways, even natural products. If you develop a reaction or any other sensitivity or symptoms following your use of a Practitioner Only Products, discontinue use immediately and a qualified Medical Practitioner or qualified healthcare provider.
- As everyone has different skin, body and health conditions, which may react to an allergen at any given time, any Product could cause a negative skin reaction or react differently to various treatments, even natural products. Before using any new Product for the first time, you should test it on a small area of your skin. If you develop a skin reaction or any other sensitivity or symptoms, discontinue use immediately and consult a qualified Medical Practitioner or qualified healthcare provider.
- Remember, you should never use new Products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, watery eyes, irritation or other similar reactions.
- We are not responsible if such reactions should occur as a result of you using our Products.
- Whilst we make every attempt to ensure the quality and accurate labelling of all ingredients used in our Products, and we have tested our Products, we do rely on the representations and warranties made by our suppliers and manufacturers.
- Actual results may vary. You should not rely solely on the information contained in this Website, as it does not claim to be comprehensive or specific to your personal needs or requirements.
- This disclaimer does not seek to exclude any warranties implied by law which may not lawfully be excluded.
12.1 The term of this agreement to access the Online Ordering System will begin upon our acceptance of your application as an authorized user of the Online Ordering System and will end when terminated by either party. Either party may terminate this agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this agreement.
- Except for retaining a copy of the Script, we do not collect or store any health information as described in the Privacy Act 1988 (Cth).
- We only collect personal information required to provide our Online Ordering System and we keep this information in secure encrypted servers. This includes records of the orders of Practitioner Only Products or Retail Products for the purpose of administering our business, keep stock records, costs, revenues and accounts in the normal way.
- We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal informationand health information must be handled.
- We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar.
- If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
- In the event of any dispute on the arising from the Online Ordering Systemor any aspect of these Terms, both you and we agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
- The parties to this agreement are independent contractors, and nothing in these Termsshall be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
- You have no authority to make any representations or accept any offers on behalf of us.
16. OWNERSHIP OF INTELLECTUAL PROPERTY
- All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks owned by us.
- All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name.
- You acknowledge that we own and retain all proprietary rights to all software, artwork or designs relating to the brand/style of our Website and marketing materials, and also all relevant copyrights, patents and other intellectual property rights in the Online Ordering System.
- You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Either party can terminate this agreement by providing written notice to the other party. This agreement will be terminated once all payments have been made in accordance with these Terms.
- If you breach any of your obligations of these Terms, you must immediately remedy or rectify the breach promptly, and in relation to any breach that cannot be rectified, we may give you notice to terminate this agreement in writing by email, which notice will take effect upon delivery to your email account.
18. LIMITATION OF LIABILITY
- Our liability to you is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded.
- For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
- This limitation of liability clause includes any reliance by you on the information on the Website, access to or inability to use the Website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavour to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
- We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with these Terms or our performance of Services or of any other obligations relating to these Terms, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms will not exceed the total purchase price Productspaid by you. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
- Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- We make no express or implied warranties or representations with respect to the Products sold through the Website and the Online Ordering System(including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
- We make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Without prejudice to any other right or remedy we may have, you hereby agree to indemnify, defend and hold harmless Sonia Health Foods Pty Ltd trading as Pure Health (ABN 56 611 239 015), its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including legal fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) the breach of any representation or warranty made by you herein; (ii) any claim made byyou including claims made by spouses, partners, parents, children and any other dependents; (iii)any breach of this agreement; (iv) any tortious act and/or omission and/or any breach of statutory duty by you; and (v) any actual or alleged infringement by you of any intellectual property rights or other rights of any person.
21. FORCE MAJEURE
Neither party to this agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, internet service provider failure, pandemic,epidemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
In the event that one or more of the provisions of this agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this agreement. The remainder of this agreement shall be valid and enforceable.
23. GOVERNING LAW
This agreement is governed by the laws from time to time in force in the State of New South Wales. You and I agree to unconditionally submit to the exclusive jurisdiction of the Courts of the State of New South Wales in Sydney for determining any dispute concerning this agreement.