Terms & Conditions
This website is owned and operated by Wellbeing Tribe Western Australia (ABN 13 996 653 217), (referred to as “Wellbeing Tribe”, Wellbeing Tribe Online Shop”, “we”, “us”, “our”). By using this website (“Site”) you are accepting and consenting to the practices described in these Terms & Conditions. We may change the Terms & Conditions of use from time to time so please check this page occasionally to ensure that you’re happy with any changes.
We welcome your comments and feedback.
PRODUCTS AND SERVICES
Wellbeing Tribe operates the Site as an online store for the sale and purchase of retail goods. The Site may contain information from a number of suppliers of retail products. The Site provides you with the opportunity to purchase goods or services provided by suppliers to Wellbeing Tribe for sale on the Site.
We are not an agent for the suppliers, nor are we an agent for any third party suppliers of any goods or services that are advertised on the Site.
Information contained on the Site about goods and services offered by a supplier is provided by that supplier. We do not monitor, verify or endorse information submitted by suppliers for posting on this Site and you should be aware that such information may be inaccurate, incomplete, out of date and may change at any time.
Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct; however, to the extent permitted by law, we do not warrant that the product descriptions or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date and products may not be available or as described.
PRICING AND PAYMENT
The price of goods ordered is the current price at the time of delivery, unless a specific price has been quoted. All prices are in Australian dollars. Payment for goods online may be made by an approved business account.
Wellbeing Tribe currently accepts the following payment method options:
- Online payment via Stripe (credit card)
- Online payment via PayPal (PayPal account or credit card)
- Online payment via AfterPay. (Read more about how AfterPay works here ).
If you purchase a product from us, your card information is not held by us, we use a specialist third party payment processor, your information is encrypted and protected. When you are on a secure page, a lock icon will appear on the web browser.
ORDERS AND DELIVERIES
You may place an order for goods via the shopping cart tool on the Site. For any issues or assistance please contact us by email.
Wellbeing Tribe will attempt to deliver or dispatch all orders within two (2) weeks from the date the order is made, however Wellbeing Tribe accepts no responsibility for delays. If stock is ordered from overseas, there may be delay of up to six (6) weeks. We will notify you of any unexpected delays as soon as reasonably possible.
Wellbeing Tribe will retain title to the goods you order until you have made payment in full for those goods but all risk in the goods will pass to you upon the delivery of the goods to, or the collection of the goods by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the goods.
Completion of Order Policy
All products advertised on the Site are subject to availability and may be discontinued at any time without notice. We accept no responsibility or liability for any goods we are unable to supply for any reason.
We reserve the right to correct any errors or misprints and we have no responsibility if any of the goods or services advertised on the Site are unavailable. Back orders will be recorded and delivered when available, unless otherwise advised.
We may require you to provide additional information before we accept and process any order. The delivery to you of any email or other confirmation of your order, or the receipt of funds from you, or any deduction to your credit card, does not signify our acceptance of your order or constitute our agreement to provide the Products or Services to you. We reserve the right to decline to process any order when there has been an incorrect price listed on the Site due to a typographical or other error. We also reserve the right in our sole discretion to accept or decline an order at any time without providing a reason.
If we decline to accept and process any order under this Completion of Order Policy, we will refund any payment made by you for the order.
REFUNDS AND EXCHANGES
Please refer to our Shipping & Returns page for more information on exchanges, refunds and our Returns Policy. The information contained on our Shipping & Returns page forms part of these Terms & Conditions.
From time to time competitions and promotions (“Competitions”) may be posted on this Site. We shall publish the relevant terms and conditions of the Competitions. Please ensure you read the terms and conditions of a Competition before you enter into a Competition.
We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled.
USE of your information and material
We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which this Site may be improved or materials which we may add to this Site. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
general user agreement
To be eligible use our Site and services, you acknowledge and agree to the following:
- You are 18 years of age or older
- You warrant that all information you provide is true, correct, up-to-date and accurate;
- You will not use our services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and
- You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Site.
Wellbeing Tribe make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Site 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. You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
You agree and acknowledge that the Site uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage. In addition the Site may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this Site without written permission.
This Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.
You may view our Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this Site, or commercialise, any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Site. Any unauthorised use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
These Terms are governed by the laws of Western Australia which are in force from time to time and you agree to submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this Site in a jurisdiction other than Western Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia.
If you browse this Site you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The material on this Site or provided by Wellbeing Tribe is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this Site, the information is not specific nor does it take into account your personal circumstances.
Nothing contained in this Site is intended to be used or treated as advice. It is not medical or professional advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice.
If you commence any treatment, protocol or supplement and you feel ill, unwell or otherwise uncomfortable, immediately stop, discontinue and consult your healthcare practitioner.
Any reliance you place on information provided by Wellbeing Tribe or on our Site is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should not use this information or our products to diagnose or treat any health problem, disease or condition without consulting a qualified healthcare professional. Before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances.
Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services provided for any purpose. We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site.
liability and indemnity
To the maximum extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness injury, arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site via any other means of communication. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
Our liability 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 by these Terms.
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), Wellbeing Tribe’s 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.
You must be over 18 years of age to use this website and to purchase any goods or services.
In any event, for any claim, our liability to you will not exceed the amount actually paid by you to us in the preceding one-month period.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which may result either directly or indirectly or is in any way related to your use of the Site or the services, your reliance on any information contained on or linked to the Site, or any actions or activities you may undertake with other persons or businesses as a result of the services, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
This Liability and Indemnity clause will survive the expiry or termination of these Terms and your use of the Services. Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
Updated: October 2020