Terms of Use

1. GENERAL 

The website located at https://jshealthvitamins.com (the "Site") is owned and operated by JSHealth Vitamins Pty Ltd (ABN 71 622 296 360) ("JSHealth Vitamins", or "us", "we", "our"). 


These Terms of Use ("Terms of Use") apply to the use of the Site, including in relation to the provision of any information and nutrition services (including via the Nourish Hub) (the "Service" or "Services") or sale of products (including physical products and any downloadable material) (the "Product" or "Products") from the Site. In using the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use, as well as our Shipping and Returns Policy and Privacy Policy. If you do not agree to the terms contained in the Terms of Use, the Returns Policy or Privacy Policy, do not use the Site.


The Terms of Use do not apply to the use of the JSHealth App. For terms applicable to the use of the JSHealth App, please refer to the JSHealth App - Terms of Use.


We reserve the right to change the Site and the Terms of Use from time to time, and any such amendment will become effective upon publication on the Site. Your continued use of the Site indicates your acceptance of the Terms of Use as modified. 

 

  1. INFORMATION ON THE SITE 

The Site may contain information about health/ medical conditions, diet and nutrition, and general wellbeing treatments ("Information").  Information contained on the Site is of a general nature only, and is often presented in summary or aggregate form. No warranty is made that the Information on or linked to the Site is complete and/or accurate. 

Information and all other statements made on the Site are not intended to be a substitute for professional medical advice from a healthcare professional, and is not intended to diagnose, treat, cure or prevent any health/ medical condition, ailment, injury or illness. Always seek the advice of a healthcare professional, such as your pharmacist, your general practitioner, your specialist doctor prior to, and during, your use of our Services and Products. Your use of our Products must be consistent with the directions on the label of the Product, as well as in accordance with all directions provided to you by a healthcare professional, including your general practitioner.

We make every effort to ensure our Product descriptions are as accurate as possible with specifications made on the information provided to us. However, should an error occur we reserve the right to correct our description.

Images of Products are for illustrative purposes only and may not be an exact image of the actual Product.

  1. REGISTRATION AND USER ACCOUNTS 

We may assign you a username/password and account information in order to enable you to access and use special offers or certain areas of the Site (such as pages relating to your subscriptions and your order history), or when you to register to set up your own account access using a username and password chosen by you ("Login"). 

When you register to create an account and Login on the Site, you may be required to provide your personal information, including your name and email address. Personal Information collected by us through your use of the Site will be handled with in accordance with our Privacy Policy.

When you register to create an account on the Site, you agree that: 

  1. all information you provide to us will be true, accurate, current, and complete, and you will maintain and update your information with us to ensure that the information held by us about you remains true, accurate, current and complete at all times; 

  2. you are solely responsible for all activities on the Site using your Login, including all communications and transmissions, all obligations (including financial obligations) incurred on the Site through such access or use of your Login;

  3. you are solely responsible for keeping your account details and Login confidential; and 

  4. you must immediately notify us if there has been any unauthorised use of your account or Login, or other breach of security. 

  1. USE OF THE SITE 

Unless we agree otherwise in writing, you are provided with access to the Site only for your personal, non-commercial use. You agree not to use the Site except as authorised by the Terms of Use. 

When using the Site, you are responsible for your use and for any use of the Site made using your device. You agree that you must not: 

  1. use the Site for any purpose other than a purpose permitted by the Terms of Use; 

  2. on-sell information or Products or Services obtained from the Site without our written permission; 

  3. copy, distribute, or disclose any part of the Site, including without limitation by any automated or non-automated scraping; 

  4. hack, tamper or interfere with the Site, or compromise the system integrity or security of the Site;

  5. cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of the Site, including the de-indexing or de-cashing of any portion of the Site from a third party's website, such as by requesting its removal from a search engine;  

  6. take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; 

  7. collect or harvest any personal information, including account names, from the Site; 

  8. stalk, harass, bully or harm another individual who uses the Site; 

  9. use the Site to hack, spam, or phish us or other users; 

  10. attempt to upload, post, transmit or otherwise make available any material that:

    1. is false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent; 

    2. is not your original work, or which may infringe the intellectual property or other rights of another person;

    3. contains large amounts of untargeted, unwanted, or repetitive content; 

    4. contains any computer viruses, worms, or other potentially damaging code, programs or files; or 

    5. contains financial, legal, medical, or other professional advice; 

  11. use the Site for unlawful activities or purposes, or in a way that infringes the rights of any other person; 

  12. use the Site in a way that is fraudulent, inaccurate, false, misleading or deceptive; or

  13. use the Site in a way that violates these Terms of Use. 

If you believe that a user has breached any of the above conditions, please contact us at support@jshealthvitamins.com. 

We reserve the right to refuse Products or Services, block or suspend any user from the Site, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Site by any user, without prior notice, if we suspect that there has been a violation of the Terms of Use. 

  1. PRODUCT PURCHASE AND PAYMENT

Products available from the Site are subject to the terms and conditions contained in the Terms of Use.  

By purchasing through the Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

In order to purchase any of the Products from the Site, you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third-party payment processors. We use secure online payment systems including Stripe, PayPal, Klarna, and Afterpay and Apple Pay.  You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

All orders for Products must be pre-paid. Orders for Products will only be shipped, activated (for products such as shipping protection)  or made available for download (for electronic products) after full payment of the total amount is cleared. Title to the Products purchased on the Site does not pass from JSHealth Vitamins to you until we have received full payment for the Products. Risk of the Products pass from JSHealth Vitamins to you once your Products have been delivered to your nominated address.

The prices for Products provided under the Terms of Use will be as set out on the Site at the time you purchase the Products. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at support@jshealthvitamins.com.

We reserve the right to accept or reject an order for any reason including without limitation, unavailability of any Product, an error in the price or Product description on the Site, an error in your order, or if we suspect that the order has been made in breach of the Terms of Use. 

  1. JSHEALTH 360 SUBSCRIPTION 

We offer the ability to purchase products from the Site on a recurring basis under our JSHealth 360 Subscription. For purchases made under a JSHealth 360 Subscription, please refer to our terms here.     

  1. DELIVERY AND SHIPPING 

We ship and deliver orders of Products in accordance with the terms of our Shipping and Returns policy. 

We endeavour to process and dispatch Orders within 1-3 business days of receiving your confirmed order/payment.

. Freight/shipping costs are calculated depending on your postcode and will be provided at the checkout prior to payment.

Due to Product demands, Products may not be available at all times. If your ordered Products are not available after your purchase, we will contact you and inform you of projected delivery times. Although Products may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship JSHealth Vitamins Products to you when they become available.

We reserve our rights to limit the quantities of any Products purchased through our Site.

  1. REFUNDS, CANCELLATIONS AND RETURNS 

Your rights to refund or replacement (if applicable) are as prescribed under the "consumer guarantees" as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law"). 

In the event of any defect with the Products that you have purchased on or through the Site, your remedies will be as prescribed under the Australian Consumer Law, and our liability will be limited to replacement of the Product(s) in question (where applicable), or refund to the value of those Product(s) at our discretion. If you believe any of the Products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at support@jshealthvitamins.com. 

We offer returns in accordance with our Shipping & Returns Policy. Unfortunately, we do not offer refunds for change of mind returns. 

  1. USER CONTENT

The Site allows users to post material, including reviews and testimonials, on parts of the Site that can be accessed and viewed by others, including the general public ("User Content"). 

By uploading, transmitting, publishing, posting or otherwise making available User Content on the Site, you: 

  1. grant us a non-exclusive, world-wide, royalty-free, perpetual, sublicensable, and irrevocable licence to use, reproduce, edit, modify, adapt, translate, publish, distribute, display, create derivative works from, and/or exploit such User Content (and all intellectual property rights contained in the User Content) for any commercial or non-commercial purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth); 

  2. agree that you will not upload, transmit, post, publish or otherwise make available any User Content that: 

    1. is false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent; 

    2. is child sexual exploitation material, pro-terror material, crime and violence material, extreme crime and violence material or drug-related material (other than material that is justified in relation to the Products offered on the Site);

    3. is not your original work, or which may infringe the intellectual property or other rights of another person;

    4. contains spam, or large amounts of untargeted, unwanted, or repetitive content;

    5. contains any computer viruses, worms, or other potentially damaging code, programs or files; 

    6. contains financial, legal, medical, or other professional advice; 

    7. breaches any laws or regulations; or

    8. otherwise violates the Terms of Use; and 

  3. accept full responsibility for any User Content that you upload, post, transmit or otherwise make available on the Site and agree that to the fullest extent permitted by law, we will not be liable for any such User Content uploaded, transmitted, posted, published or otherwise made available on the Site by you or any other person. 

We reserve the right to (but are not obliged to) monitor the use of the Site and may, at our sole discretion, prevent the upload, transmission, publishing, posting or otherwise making available of any User Content on the Site, or change, modify, or delete any User Content on the Site that may violate these Terms of Use. 

To the fullest extent permitted by law, JSHealth Vitamins takes no responsibility and is not liable for any User Content posted on the Site. 

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, copyright and all other intellectual property in and on the Site (including but not limited to text, graphics, photographs, logos, icons, domain names, trade marks, information, design, sound recordings, software, and other proprietary rights, and the intellectual property rights contained therein) ("Intellectual Property") as well as the selection, assembly and arrangement thereof, is owned or licensed by us. 

You may not in any form or by any means: 

  1. use or misuse our Intellectual Property (and intellectual property rights therein); 

  2. copy, adapt, reproduce, store, distribute, print, display, perform, publish our Intellectual Property or create derivative works from any part of the Site; and/or

  3. commercialise any information, Products or Services obtained from any part of the Site, without our written permission. 

  1. PRIVACY & NOTIFICATIONS

We may collect personal information from you through your use of the Site. Where we collect personal information about you, we will handle it in accordance with our Privacy Policy. 

Where you have agreed, we may contact you via email and/or SMS to notify you of our Products, Services, news and offers. You can unsubscribe at any time by emailing us at support@jshealthvitamins.com or by using the unsubscribe facility set out in those email and SMS communications. 

  1. INFORMATION SECURITY

We do not guarantee continuous, uninterrupted or secure access to the Site. By accessing the Site, you assume all risks associated with its use. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. For the removal of doubt, we accept no liability to you and do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site. 

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

  1. THIRD PARTY WEBSITES 

The Site may contain links to websites owned, controlled or operated by third parties ("Third Party Websites"). Those links are provided for convenience only and may not remain current or be maintained. JSHealth Vitamins is not responsible or liable for the content or privacy practices associated with Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.

We make no representations or warranties and are not liable for the content or accuracy of any Third Party Content, or any loss or damage suffered as a result of access to, or use of, a Third Party Website, or the reliance on Third Party Content. 


  1. WARRANTIES AND LIABILITY

To the full extent permitted by law, the Site is provided to you on an "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied), and use of the Site is at your own risk. We make no warranties that the Site will be uninterrupted or error-free. 

To the full extent permitted by law, JSHealth Vitamins and its affiliates, related bodies corporate, and their respective directors, officers, employees or agents, excludes liability for any loss or damage (including any indirect, incidental, special or consequential loss or damage) that result from: (i) the direct or indirect reliance on, the use of, or inability to use the Site; (ii) the cost of procurement of substitute goods/products and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the Site; (v) any other matter relating to use of the Site; and (vi) use of our Products and/or Services. 

To the full extent permitted by law, JSHealth Vitamins and its affiliates, related bodies corporate, and their respective directors, officers, employees or agents, excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms of Use, in respect to the information, content, Services and Products available on the Site, including but not limited to the merchantability and fitness for a particular purpose, except for the consumer guarantees outlined in the Australian Consumer Law. JSHealth Vitamins and its affiliates, related bodies corporate, and their respective directors, officers, employees or agents, do not make any warranties as to the results that may be obtained from the use of the Site, the Products and the Services. 

Where liability cannot be excluded, any warranty by us in relation to the use of the Site, its contents, or Services and Products provided on or through the Site, is limited as provided under the Australian Consumer Law. 

For the avoidance of doubt, nothing in these Terms of Use excludes or limits the consumer guarantees under the Australian Consumer Law. 

  1. INDEMNITY 

You agree to indemnify and hold harmless JSHealth Vitamins and its affiliates, related bodies corporate, and its officers, directors, employees and agents, from and against any loss or damage (including but not limited to legal fees), arising from your breach of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Site. This indemnity does not apply to the extent any acts, omissions or wilful misconduct of JSHealth Vitamins (and of its employees, officers, contractors and agents) cause or contribute to any loss or damage. 

  1. TERMINATION 

The Site or access to the Site may be terminated at any time by us, at our sole discretion, without notice or reason. Our disclaimers and the indemnity provided by you will nevertheless survive any such termination. If we terminate your access to the Site, you must cease using the Site and pay to us all outstanding amounts owed. All provisions of the Terms of Use will survive termination, including, without limitation, clauses 10, 11, 12, 15, and 16. In the event that we terminate the Site or your access to it for any reason, you release JSHealth Vitamins from all liability for any such loss or damage suffered by you as a result of or arising out of such termination.

  1. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, pandemics, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control.


  1. GOVERNING LAW 

These Terms of Use shall be governed by the laws in force in the state of New South Wales, Australia. 

  1. FORUM OF DISPUTE 

You agree that any dispute arising from or relating to the Terms of Use will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal’ fees, court costs and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to the Terms of Use will be responsible for the reimbursement of the successful party’s reasonable legal fees, court costs and disbursements.

  1. SEVERABILITY 

In the event that a provision of the Terms of Use is found to be unlawful, conflicting with another provision of the Terms of Use or the Agreement, or otherwise unenforceable, the Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.

  1. WAIVER

We reserve all rights permitted to us under the Terms of Use as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of the Terms of Use  should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. ASSIGNMENT

You may not assign your rights and/or obligations under the Terms of Use to any other party without our prior written consent. We may assign our rights and/or obligations under the Terms of Use to any other party at our discretion.