WellBeing Group Website Terms and Conditions

WellBeing, WellBeing Shop, Being, Wild, EatWellTV, WellBeing TV

General:
1. Access to and use of this Website (located at wellbeing.com.au) and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using this Website and our Services, including making a purchase through the www.wellbeingshop.com.au Website, you agree to be legally bound by all the Terms of Service.
2. Our Services, including but not limited to the registration of an account with us or placing of an order, is not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.
3. By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
4. Universal Media Co reserves the right to amend these Terms from time to time. Any amendments to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
5. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to this entire Website.
Privacy Policy:
1. By using this Website, you accept and agree to our Privacy Policy. Your personal information will be used, according to our Privacy Policy, to process your order and tell you about our products and services.
2. By using this Website, you confirm that the information you provide is accurate. You are responsible for maintaining and updating account information.
Prohibitions:
1. You warrant and represent to us that your use of the Website and our Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2. You must not misuse this Website in any way, you will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Universal Media Co will report any such breach to the relevant law enforcement authorities and disclose all relevant information to them.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
Intellectual Property and Content:
1. All images, trademarks, logos, photographs, artwork, text, graphics and other content appearing on this website are the property of their respective owners and are protected by copyright, trade mark and other intellectual property laws.
2. The use of any of Universal Media Co’s trademarks is strictly prohibited unless we provide prior written consent.
3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Universal Media Co’s intellectual property rights, whether by estoppel, implication or otherwise.
4. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or where specifically authorised by law or in writing by Universal Media Co.
5. You agree that you will not:
  1. copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Universal Media Co IP or our Services or cause or assist others to do so;
  2. challenge Universal Media Co’s ownership of Universal Media Co IP;

infringe Universal Media Co IP; or

use or make any intellectual property that is similar to Universal Media Co P.

Limitation of Liability:
1. To the maximum extent permitted by law, we do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the website or your access to, or inability to access, the website and our Services (including special, indirect or consequential loss, loss of profit, revenue or goodwill, incidental or punitive damages). This is whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on a fundamental breach of term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage. This includes any loss caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material. And any loss caused by your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the website. And you agree to release us from any such liability.
2. By using the website, you agree that you are using the website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the website.
3. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
4. Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
5. To the maximum extent permitted by law, Universal Media Co’s liability under these Terms shall be limited to any one or more of the following at our options:
  1. In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  2. In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
6. Disclaimer of Warranty:
  1. To the extent permitted by law, Universal Media Co expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
  2. Universal Media Co provides the Websites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Websites regularly, neither Universal Media Co, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Websites.
  3. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
7. Privacy
  1. You agree to allow Universal Media Co to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.
  2. Please see our Privacy Policy for information about our privacy practices.
8. Linking to this Website:
  1. You may link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. You must not establish a link from any Website that is not owned by you.
  3. This Website must not be framed on any other site.
  4. We reserve the right to withdraw linking permission without notice.
9. Hyperlinks and Third-Party Websites and Content:
  1. Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties (including advertiser websites).
  2. The inclusion of any hyperlinks to third party websites does not imply Universal Media Co’s endorsement or approval of such third parties, their websites or their businesses or other activities.
  3. The inclusion of any hyperlinks to third party websites does not does not imply any sponsorship, affiliation or partnership between Universal Media Co and the third-party.
  4. If we link to third-party websites, we take no responsibility for the content of, and make no representations as to the reliability or accuracy of any third-party websites or content contained on them.
  5. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.
  6. You understand and agree that you access any such third party websites and applications at your own risk and that Universal Media Co is not liable for any information on, or the privacy practices of, any third party websites.
10. Indemnity:
  1. You agree to release, indemnify, defend and hold harmless Universal Media Co Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (actual, special and consequential) arising from or in relation to your purchase or use of goods or services purchased from the Paper Pocket website, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
  2. This clause survives termination of these Terms.
11. Severability and Invalidity:
  1. If any part of the Terms of Service determined by a court to be invalid or unenforceable (including any provision in which we exclude our liability to you) that part shall be severed from the Terms and the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect.
12. No Waiver:
  1. Any failure or delay by Universal Media Co in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right.
  2. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction:
  1. These Terms of Service are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts.
  2. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
14. Force Majeure:
  1. If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Universal Media Co will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
15. Relationship:
  1. These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Universal Media Co and you or any other party unless expressly stated otherwise.
16. Entire Agreement:
  1. We shall have the right that at any time and without notice to amend, remove or vary these Terms of Service, products, services and/or any page of this Website.
  2. these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.
17. Termination: Universal Media Co reserves the right to:
  1. Terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election, or
  2. Suspend your access to the Websites.
  3. If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, Universal Medica Co will not be liable to you for any further loss or damage you suffer because we have exercised out rights under this clause or these Terms.

WellBeing Shop Specific Terms and Conditions:

Account Registration: To access and use some of the Services, you may be required to register an account with WellBeing. Where you register on this Website, the following terms and conditions apply.
1. You must provide us with accurate registration information.
2. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your user name and password, and we are entitled to assume that anyone using that user name and password is you.
3. If you wish to amend your account details or delete your account, please contact us.
4. If you sign into this Website with a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your account(s). And where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your account(s).
5. We reserve the right to close accounts in our absolute discretion if we believe you are attempting to hide the use of multiple accounts, disrupt any of our Services in any way, or if you are suspected of violating these Terms.
Your contact details and transactional and marketing communications: In addition to the terms contained in our Privacy Policy: –
1. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact details that you provide to us.
2. You consent in advance to being contacted during usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
3. By making an Order with us, you expressly consent to the receipt of electronic communications (including emails) with respect of your Order and that such emails may contain commercial or marketing messages such as links to other products that may interest you. Due to the nature of such electronic communications, you agree that section 18(1) of the Spam Act 2003 (Cth) does not apply to such electronic communications.
Gift Vouchers:
1. Gift vouchers can only be redeemed for product and/or services at wellbeingshop.com.au.
2. Gift cards are only valid in Australian Dollars.
3. Gift vouchers are valid for 1 year from the date of purchase and can be used across multiple orders. Validity date cannot be extended.
4. Gift Cards are not redeemable for cash or travellers cheques.
5. If you require a refund on an order where a gift card was redeemed partially or fully, the value will be refunded back onto a gift card. No change will be given for a purchase made with a gift card.
6. Gift cards are partially redeemable, any balance left unredeemed on the card will not be refunded or credited.
7. When the order total exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment.
8. Gift Cards should be treated like cash. Universal Media Co disclaims all responsibility for lost or stolen cards.
9. If you are purchasing a gift voucher, it is your responsibility to check the delivery email address is correct. Universal Media Co can’t be held responsible if a gift voucher is used by someone else or if the gift voucher is lost, stolen or deleted.
10. When a gift voucher has been purchased, it can take up to 3 hours for the voucher to be emailed to the recipient. If there is a delay Universal Media Co can’t be held responsible. We can’t take responsibility if a gift voucher can’t be delivered to the recipient’s email address because of spam filters, firewalls, or any other factors outside of our control.
11. Gift vouchers can be used in conjunction with other Promotional and Discount Codes to purchase items or services.
Promotional Codes and Discounts:
1. Promotions or discounts are subject to their own additional specific terms and conditions as provided by Universal Media Co from time to time.
2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘50% Off’ Sale.
3. A Promotional Code can’t be applied to an order after that order has been placed.
4. Promotional Codes are non-transferable and cannot be exchanged for cash. If you receive a Promotional Code, it can only be used by you for the purpose for which it was issued.
5. Universal Media Co reserves the right to:
  1. terminate, modify or extend any promotional offer at any time, without notice; or
  2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
6. We can’t accept any responsibility once we have given you a Promotional Code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the Promotional Code being cancelled.
7. Do not pass your code directly on to others or make it available to others (for example, posting it on social media). If we believe that at the point of purchase or retrospectively you are abusing the use of Promotional Codes in any way, we reserve the right to cancel your Promotional Code or suspend/close your account without letting you know beforehand.
8. When returning an item purchased with a voucher/promo code, your refund or exchange value will be equal to the final discounted price that you paid for the item and will be honoured only in compliance with our regular refund and exchange policy.
Pricing:
1. All purchases via the Website are transacted in Australian dollars.
2. Prices displayed on the Website are shown in the currency shown or selected on the Website and are inclusive of GST, unless otherwise specified.
3. Displayed prices online are exclusive of delivery charges, which are calculated at check-out.
4. Prices are subject to change without notice. Such changes will not affect orders submitted before the change was made.
5. Please note, product found on the Website may be found in other retailers and prices may differ between our Website and third-party retailers.
6. Pricing Errors: Universal Media Co reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. Universal Media Co will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
7. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
Payment:
1. We accept payments by credit card from Visa, MasterCard, American Express, Afterpay and Paypal.
2. We reserve the right to add or remove payment methods offered in the Services from time to time in our sole discretion as we see fit, without notice.
3. Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees.
4. Purchases made using Afterpay (AU and NZ sites only) are subject to the Afterpay Terms and Conditions.
5. When placing an order, you agree that all details you provide to us are true and accurate and that you are an authorised user of payment method used.
6. Full payment for the purchase of Goods is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
7. 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, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
8. Security: Any personal information that you submit will be protected by our secure SSL payment gateway server to protect your online order information. This technology encrypts all information including your credit card and all personal information passed from you through our website. Your credit card purchase may take a few minutes to process to allow us time to confirm your billing information with your financial institution.
Orders and Cancellations: You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms: –
1. By placing an Order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your Order.
2. A contract between us for the purchase of the goods will not be formed until your payment has been approved and your card has been debited and we have issued an Order confirmation.
3. We reserve the right to:
  1. accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
  2. cancel an order at any time, for any reason; or

restrict the quantity or total value of goods available for purchase to each person or address and to limit the sale of goods to reasonable or normal household quantities.

Where we exercise the rights above, we will notify you by email and suggest alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Universal Media Co shall not be liable for any loss or damage whatsoever arising from such acts.
Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).

Availability of Goods:
1. All orders are made subject to availability.
2. Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis.
3. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within two (2) business days of notification, you are deemed to have accepted the delay.
Product, Goods and Services Information:
1. Our website is intended to provide general information about our goods and services, including making purchases via our website. While we do our best to supply accurate information on this site, errors and omissions may occur.
2. While we try and ensure that all details, descriptions and prices which appear are accurate, errors may occur.
3. While we do our best, we cannot guarantee that images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because the colours you see on the website depend on the colour reproduction on your computer or mobile device.
4. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.
5. Information on this website is subject to change without notice.
Returns:
1. You can return any goods within 14 days of receipt for a refund or exchange of those goods if the item(s) is unused with original packaging and the original receipt or proof of purchase is provided.
2. We will refund the monetary value of the goods returned to us, at the price you purchased them and in the method you purchased them.
3. When returning an item purchased with a voucher/promo code, your refund or exchange value will be equal to the final discounted price that you paid for the item.
4. All goods will be inspected on return.
5. You are responsible for the costs of returning goods to us.
6. Any goods returned are your responsibility until they reach our warehouse.
7. We are not responsible for any goods that are returned to us in error.
8. If you think that there is a fault with the goods you have received, please Contact Us within 30 days, include your order number, problems with the goods and if possible photographs of the defect. You may be entitled to a replacement or refund for a major fault.
Dispatch:
1. All orders with the Standard shipping option are usually processed and dispatched from our warehouse within 1-4 business days of the order being received.
2. Express Delivery: If you place an express order before 2pm AEST (Monday to Friday), your order will be dispatched from our warehouse the next day. If your order is placed after 2pm or on a Saturday or Sunday, it will be processed and dispatched the next business day.
3. Unfortunately, your order is not able to be dispatched or delivered on a public holiday.
4. If your order is placed on a Public Holiday it will not be processed and dispatched until up to 1-4 days after the next business day.
5. During National and State specific public holidays or busy sale periods you may experience a delay in receiving your order.
6. Dispatch may vary according to availability and any guarantees or representations made as to dispatch and delivery times are subject to change for which we will not be responsible.
7. Our warehouse is a Monday to Friday operation, subject to Public Holidays.
8. Please note delivery times are additional to these processing times, and vary from region to region.
Delivery Charges:
1. Delivery fees are calculated at checkout and any delivery discounts that you may be entitled to are applied at checkout.
2. You will qualify for any delivery fee discounts based on the cost of your goods as calculated after any promotions and discounts are applied.
3. Free or reduced delivery charges are available only to the delivery method specified.
4. We may occasionally provide special offers and promotions waiving delivery charges in certain circumstances.
5. We reserve the right to vary, cancel or extend special offers and promotions regarding delivery charges.
6. Customs and Import Charges: Depending on the value of your order and the destination country, you may be charged import or customs charges. These charges are imposed by the destination country and we are not able to control or estimate any applicable fees or charges. Customs and import fees are the responsibility of the person receiving the parcel, and are not included in the cost of delivery. Please check with your country’s customs service if you need more information.
Delivery Terms and Conditions:
1. Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time.
2. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
3. Delivery of the Goods is taken to occur at the time that our carrier delivers the Goods to your nominated address, even if you are not present at the address. Risk and title of the Goods passes to you upon Delivery.
4. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Universal Media Co shall be entitled to charge a reasonable fee for redelivery and/or storage if required.
5. Authority to Leave: Some postal services will allow you to give authority to leave depending on your region. By doing this you are giving your delivery company permission to leave your order in a safe place if no one is home to sign for your order. Universal Media Co will not be held responsible for any theft or damage if you provide us with an authority to leave your parcel at an unattended address. All risk in the parcel will remain with you upon delivery and Universal Media Co will not offer a replacement or refund for any loss or damage as a result of selecting to leave your parcel without a signature.
6. For any updates to expected delivery times, please refer to the Australia Post website.

Special Promotions:

Get 25% OFF your first order! Welcome Offer

This offer is exclusive to the direct recipients of the email and is available on all full price and sale items. The offer is valid for 2 weeks from the date received – see email for exact dates.
One time use only.
One per customer.
Not redeemable for cash or gift card/voucher.
Apply the unique promo code found in your email at the cart.
Not valid in conjunction with any other offer.

For further information:

If you require any further information please contact Universal Media Co.

Universal Media Co

Unit 5,6-8 Byfield Street

North Ryde, NSW, 2113

Tel: (02) 9805 0399

Fax: (02) 9805 0714

Email: privacy@umco.com.au