This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
Accuracy of Information
All material on Health Magic is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of healthmagic.com.au is at your sole risk. Access to healthmagic.com.au is provided on an ‘as available’ basis. Neither Health Magic its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on healthmagic.com.au will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to healthmagic.com.au will be uninterrupted, timely or secure. Health Magic will not be liable for loss resulting from any action or decision by you in reliance on the information on healthmagic.com.au, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
Health Magic and its affiliates attempt to be as accurate as possible. However, Health Magic does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Health Magic itself is not as described, your sole remedy is to return it in unused condition.
All transactions made through the Health Magic Online Store are processed in Australian Dollars.
Limitation of Liability
The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Health Magic of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Health Magic does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Health Magic and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Health Magic does not warrant that the functions contained in any Content or any Communications Facility or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Health Magic does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Health Magic) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Health Magic) will Health Magic or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that Health Magic does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Health Magic‘s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Health Magic to the following:
in the case of services supplied or offered by Health Magic, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Health Magic, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
These conditions and all other specific and additional terms which govern your use of and access to healthmagic.com.au will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
The material provided on Health Magic is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Health Magic or the appropriate supplier or licensor of Health Magic.
You may not use any part of the material on Health Magic to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on this web site is the property of Health Magic or its software suppliers and is protected by Australian and international copyright laws.
The Health Magic logo and the logos of the Health Magic products are registered trademarks of Health Magic or its related companies. Other trademarks may be displayed on healthmagic.com.au from time to time. These may belong to third parties. Nothing displayed on healthmagic.com.au should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.
Your Account, Membership and/or Registration
In consideration of your use of the web site, you agree to: provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
To register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Health Magic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Health Magic has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof).
If you use this web site, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communications and Your Conduct
When you visit healthmagic.com.au or send email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Healthmagic.com.au may contain communication facilities which provide for feedback by users to Health Magic and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to healthmagic.com.au that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying any Communication Facility;
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Post or transmit any material of any kind which contains a virus or other harmful component;
- Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- Dlete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Health Magic reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User Licence to Health Magic
By placing any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Health Magic a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Health Magic and any other party authorised by Health Magic all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Health Magic, you will execute and deliver to Health Magic such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
At Health Magic we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
Health Magic will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
If you’re making an online purchase from healthmagic.com.au and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’
Please REPORT any suspicious activity to us immediately.
Risk of Loss
All items purchased from healthmagic.com.au are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Delivery of Goods
Items are shipped via Australia Post or our nominated courier. Shipped items should arrive 2-3 days after payment clears. We allow pickups but only if they are prearranged. We require 48 hours notice.
Health Magic accepts responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us.
In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.
Returns are only accepted with prior approval from Health Magic where a return authority number will be issued and must be within 14 days of invoice. The item must be unused and the packaging in new condition. Health Magic will also accept returns in accordance with Victorian and Australian law.
Repairs and Warranties
If an item arrives and is faulty on arrival, please contact us within 14 days so we can arrange a replacement or repair.
Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Health Magic are GST inclusive. Health Magic will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.
Third party links and advertising
Hyperlinks and pointers to web sites operated by third parties will appear on healthmagic.com.au from time to time. These web sites do not form part of healthmagic.com.au and are not under the control of Health Magic or its related bodies corporate and neither Health Magic nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave Health Magic and do so entirely at your own risk.
Health Magic may display third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Health Magic or its related companies of the relevant advertiser, its products or services or any such linked web site.
If you contact a third-party using functionality provided on healthmagic.com.au, including via email, Health Magic accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Errors and Omissions
Health Magic endeavors to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.