In these Sale Terms & Conditions (Sale Terms), "we" or "us" means Kylie Milosh trading as Healing Lyme Disease ABN 91 179 393 272 (Healing Lyme Disease), its successors and assignees. "You" means the person, organisation or entity that purchases products or related services from us. The Sale Terms apply to all sales made by us to consumers through our website available at www.healinglymedisease.com (Site).
Your purchase from us indicates that you have had sufficient opportunity to access the Sale Terms and contact us, that you have read, accepted and will comply with the Sale Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Sale Terms, do not purchase from us.
1. Registration: You may be required to create an account to make purchases from our Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
(a) You may order with us as set out on the Site. We may at our discretion accept or reject an order depending on our ability to validate payment for the products.
(b) It is your responsibility to check the order details, including product and pricing, before you complete your order on our Site.
(c) We or a third party on behalf of us, will provide you with a transaction or order number, containing the transaction or order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay and your payment has been validated.
(d) A binding agreement comes into existence between you and us, once we have given you an order number. No changes to the Sale Terms will be effective unless we both agree to the changes in writing.
(e) On our Site, there may be products of third parties who are not our employees or direct contractors, including any third parties with whom we are associated through affiliate programs. If you wish to purchase these products, you will be directed to the relevant website, and such products purchased from third parties are not our responsibility. We do not endorse any products of third parties and we are not responsible for the quality of any such products. We are not a party to any agreement between you and a third party.
(a) You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
(b) You must pay for the product by PayPal or other payment methods as available on our Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
(a) If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit, or to put your order on backorder as agreed with you. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
(a) Location: Our product will be provided to you electronically either by a downloadable link or via email.
(b) Timing: Your product will be downloadable or we will normally dispatch the product, shortly after receipt of your order.
(c) Errors: We will use the email details that you have provided. Please contact us if you do not receive the product.
(d) Title: Title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.
(e) Risk: Risk of loss, damage or deterioration to any products will pass to you on delivery.
6. Discount Codes and Promotions:
We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
7. Consumer Guarantees and Refunds Policy
(a) Seller's goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in the Sale Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
(c) Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer's warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
8. Intellectual Property
(a) Intellectual Property includes but is not limited to:
i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
iii. all work product developed in whole or in part by us.
(b) We own all Intellectual Property rights in the products and company branding, as between us and you.
9. Disclaimers and Limitation of Liability:
(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we, and our directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(b) Our Site and products are not, in any way, an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of our Site or products does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any health information contained in the Site and products, whether provided by us or by contract from third party service providers, is provided simply for your convenience. The Site and products are intended for general information and educational purposes only. Our products are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
(c) You must not make changes to any current treatments or medications you are using without referring to your medical and/or health practitioner.
(d) Although the author, editor and publisher of the products have made all reasonable efforts to ensure that the information regarding, and in, products sold on this Site was correct at the time of publication, the author, editor and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by subsequent errors or omissions.
10. Limitation of Liability
(a) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).
(b) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:
i. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Sale Terms;
ii. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. we take no responsibility for, and will not be liable for, the Site or the products being unavailable; and
iv. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Sale Terms, even if we were expressly advised of the likelihood of such loss or damage.
(c) Our total liability arising out of or in connection with the products, the services or the Sale Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Sale Terms.
11. Amendment: These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sale Terms, before purchase. Our agents, employees and third parties do not have authority to change the Sale Terms.
12. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Sale Terms.
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(b) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Sale Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
(d) Notice: Any notice in connection with the Sale Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Sale Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Sale Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Sale Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of the Sale Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For questions or notices, please contact us at:
Kylie Milosh trading as Healing Lyme Disease ABN 91 179 393 272
Last update: 9 October 2014