Terms of service
OVERVIEW
Welcome to HR WELLNESS. The terms “we”, “us” and “our” refer to HR WELLNESS. HR WELLNESS operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). HR WELLNESS is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or licence your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours and product appearance may vary depending on the device, screen settings, and configuration used to access the Services.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly as depicted within our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. HR WELLNESS reserves the right to accept or decline any order at its sole discretion. Your order is not accepted until confirmation has been provided by HR WELLNESS. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as HR WELLNESS may be unable to accommodate cancellation requests once an order has been placed. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, all prices exclude taxes, shipping, handling, customs, or import charges.
Prices displayed in our online store may differ from prices offered in physical stores or by third-party retailers. From time to time, we may offer promotions that are subject to separate terms and conditions. In the event of any inconsistency between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address, payment details, and expiry dates, so that we can complete your transactions and contact you when required.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorised to use the selected payment method; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred by you at the posted prices, including any applicable shipping, handling, and taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once products have been transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by HR WELLNESS, its affiliates or licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of HR WELLNESS, Shopify, or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by HR WELLNESS.
HR WELLNESS’s names, logos, product and service names, designs, and slogans are trademarks of HR WELLNESS or its affiliates or licensors. You must not use such trademarks without the prior written permission of HR WELLNESS. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools or services offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features, tools, or resources through the Services. Such features shall also be deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, links, or functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, or reliability of any third-party materials, websites, or services you choose to access. If you choose to leave the Services to access third-party websites or materials, you do so at your own risk.
We are not liable for any harm, damages, or losses related to your access to or use of any third-party websites, products, services, resources, or content. Please review the relevant third-party policies and practices carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
HR WELLNESS is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with HR WELLNESS.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and HR WELLNESS, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HR WELLNESS.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you. Information submitted through the Services may be transmitted to and shared with Shopify, as well as third parties located in countries other than where you reside, in order to provide services to you.
Please review our Privacy Policy for more information on how we, Shopify, and our partners collect, use, and protect your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use such Feedback to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but are under no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene material, or any malware, viruses, or harmful code that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, federal, state, territorial, or local laws or regulations; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of unsolicited advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits another person’s use or enjoyment of the Services, or which may, as determined by us, harm HR WELLNESS, Shopify, users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, in our sole discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which, by their nature, should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY HR WELLNESS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HR WELLNESS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HR WELLNESS, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - 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 severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER; 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, together with any policies or operating rules posted on this site or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent to you.
SECTION 21 - 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 New South Wales, Australia.
You agree that any disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on 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 to our website. It is your responsibility to review our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@hrwellness.com.au.
Our contact information is provided below:
HR WELLNESS
hello@hrwellness.com.au
Level 25, 100 Mount Street
North Sydney NSW 2060
Australia
ABN: 92 682 506 190