• we, our or us and THRIVE means Bmcc Family Trust, Trading as Thrive Wellness Centre (ABN 86953517432) and includes its directors, officers, employees and agents;
• you or your means the person who, by using the Website, accepts these Terms of Use;
• Losses means all liabilities, losses, damages, costs and expenses including:
• direct, indirect or consequential liabilities, losses, damages, costs and expenses;
• legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement and compliance with judgments; and
• interest, fines and penalties,

suffered or incurred by any person, and whether arising in contract, tort (including negligence) or otherwise;

• Products means any products that you purchase from us via the Website; and
• Website Content means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trade marks, designs, software and advertisements.

1. Terms of Use binding
1. By ticking the box containing the words “I have read and accept the Terms & Conditions and Privacy Policy” when you register as a customer on the Website, you acknowledge and agree that:
1. you have read, fully understood and agree to be bound by and abide by these Terms of Use; and
2. these Terms of Use constitute a legally binding agreement between you and Thrive regarding your use of the Website and the sale of Products by Thrive through the Site.
2. Thrive may, in its absolute discretion, refuse registration or revoke your access to the Site if:
1. you register or attempt to register more than one account;
2. you breach these Terms of Use;
3. you open or attempt to open an account using incomplete or falsified details, or otherwise in a fraudulent or illegal way; or
4. Thrive considers refusal of registration or the closure of your account is necessary to comply with Thrive’s obligations at law.

2. Variations

Thrive reserves the right to revise and update these Terms of Use and our Privacy Policy as follows:

1. iii. if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use or Privacy Policy (as applicable) on the Website;
2. iv. if we consider that the change is likely to have a significant detrimental impact on you, we will make the change 10 days after we have notified you of the change (solely by using the email address you have provided) and we will display a notice on the Website describing the change.

Your continued use of the Website will mean that you accept those changes.

Thrive’s privacy policy relating to information collected by Thrive may be accessed http://thrivewellnesscentre.com.au/privacy-policy or by following the link labelled ‘Privacy Policy’ on the Website, and forms part of these Terms of Use.

1. Nature of registration
1. Registration as a customer on the Website gives you access to the products and services set out on the Website from time to time.
2. Registration is open only to individuals. Registration is not open to groups, companies, trusts or partnerships.

2. User name and password
1. iii. During registration, you will be asked to nominate a user name and password. The user name and password will be used for your secure login.
2. iv. It is your responsibility to ensure that your user name, password and any other security information are kept secure. You must never disclose your password to anyone. If you do share your password or your personal information with others, you are responsible for all actions taken in the name of your account.
3. v. If you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us using our contact details set out in section 13B, and change your password.

3. Change of details

You must advise us of any change of name, address, or other details at your earliest convenience after the change. You can do this by logging into the Website’s ‘Shop’ facility.

1. No warranty or responsibility for Website Content

Thrive has used its best endeavours to ensure that the Website Content (which may include information obtained from our licensors and other third parties) is correct and current. However, the Website Content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, we do not warrant the reliability, accuracy, currency or completeness of the Website Content and take no responsibility for any error, omission or defect contained in the Website Content.

2. Intended use of Website Content
1. is intended for Australian residents;
2. is provided for information purposes only, and is not intended to be used to diagnose, treat, cure or prevent any disease or medical condition; and
3. is not a substitute for independent professional advice from your qualified healthcare professional.

The Website Content is generic and does not take into account the physical or mental state, medical status and/or health requirements of any particular individual which are relevant to the proper diagnosis and treatment of any problem, condition or disorder. Before using the Website, acting on information contained in the Website Content or using the Products, you should always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition. We do not give, nor purport to give, any medical advice on the Website. We also do not recommend or endorse any specific tests, physicians, products or procedures, opinions or other information that may be mentioned on the Website. Reliance on any information provided by us and others appearing on the Website at our invitation is solely at your own risk.

We may, from time to time, publish links to other third party websites on the Website. Contents, hyperlinks or information held on other sites is not the responsibility of Thrive. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person.

1. Payment

All payments for online purchases are processed through PayPal and can be made using credit card or bank transfer. Cheque and money order are not accepted.

2. Shipping and delivery
1. All orders within the Perth metropolitan area are shipped using a Australia Post, registered, for a flat rate of $12.00.
2. Orders outside the Perth metropolitan area are shipped via registered mail with Australia Post for a flat rate of $12.00. No postal fee is charged for orders over $150.00.
3. Once dispatched, all Products become the responsibility of the shipping service provider. Thrive will not be responsible for any loss or damage of the Products which occurred during the shipping process.
4. An order once dispatched, cannot be cancelled.

3. Returns
1. v. Thrive is not required to provide a refund or replacement if you change your mind.
2. vi. In the instance that you have received Products that are damaged or faulty (other than which have occurred during the shipping process), or when you have been shipped an incorrect Product, Thrive agrees to exchange the Product for a new Product of the same type, provided that:
• you have contacted us using one of the contact methods referred to in section 13B and have received a return material authorisation (RMA) from us;
• the Product is returned within 14 days of receipt;
• the Product has not been opened, unless it was necessary to open the package for you to determine that the Product was damaged or faulty;
• the Product has not been used; and
• we have established, at our sole discretion, that the Products are, in fact, damaged, faulty or incorrect.
3. vii. You are responsible for the cost of returning damaged, faulty or incorrectly supplied Products to Thrive.
4. viii. Thrive will not charge postage or shipping fees for the replacement for a damaged, faulty or incorrectly supplied Product.

4. Unclaimed packages
1. ix. Thrive will attempt to contact the owners of returned Products using the contact details supplied when purchasing Product.
2. x. If an incorrect shipping address has been provided by the intended recipient, a further shipping fee will be incurred.

5. ‘Practitioner Only’ products
1. xi. If you purchase Products on the Website that are marked as ‘Practitioner Only’, it is your responsibility to ensure that you only purchase Products prescribed to you by your qualified healthcare professional. Unless you are one of our patients, we will require you to provide details of your prescribing healthcare professional before continuing with your purchase of ‘Practitioner Only’ Products.

6. GST
1. xii. Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
2. xiii. For the purposes of these Terms of Use, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these Terms of Use, the amount or consideration will not be increased on account of any GST payable on that supply.
3. xiv. Any consideration to be paid or provided to us for a supply made by us under or in connection with these Terms of Use, unless specifically described in these Terms of Use as GST inclusive, does not include an amount on account of GST.
4. xv. Despite any other provision in these Terms of Use, if we make a supply under or in connection with these Terms of Use on which GST is imposed (not being a supply the consideration for which is specifically described in these Terms of Use as GST inclusive):
• the consideration payable or to be provided for that supply under these Terms of Use but for the application of this clause (GST exclusive consideration) is increased by, and you must also pay to us, an amount equal to the GST payable by us on that supply; and
• the amount by which the GST exclusive consideration is increased must be paid to us by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
5. xvi. If a payment to a party under these Terms of Use is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

1. Exclusion of liability

Subject to clause 8B and except to the extent that liability may not lawfully be excluded, we will not be liable to you (or any of your officers, agents or employees) for any:

1. Losses which may be suffered or incurred by you or which may arise from or in connection with your use of the Website or Products or your use of or reliance upon any of the information, services or materials contained on the Website; or
2. ii. Losses arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website or any Products.

2. Limitation of liability

If a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law. To the extent that the Australian Consumer Law permits Thrive to limit its liability, then Thrive’s liability will be limited to:

1. iii. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
2. iv. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

3. Indemnity

You indemnify us against all Losses arising directly or indirectly out of or in connection with:

1. v. your use of the Website or any Products;
2. vi. your breach of these Terms of Use or breach of law; or
3. vii. any suit, claim or demand brought or made against us by or due to the conduct, act or omission of:
1. you; or
2. any person accessing the Website through your account.

The Website Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website.

1. Permitted use

We authorise you to view or download a single copy of the Website Content for your personal, non-commercial use. Any special rules for the use of certain materials accessible on the Website may be included elsewhere within the Website, and are deemed to form part of these Terms of Use.

2. No other use and no licence

All other use, copying or reproduction of any part of the Website (including, without limitation, reproduction on any other website or systematic downloading of Website Content) is prohibited. You must not use the Website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in the Website should be construed as a licence or right of use of any trade mark displayed on the Website without the express written permission of the owner of the trade mark.

1. Functions not error free

We do not warrant that any of the functions contained in the Website or your access to the Website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.

2. Website maintenance

It may be necessary to interrupt the services provided on the Website in order to upgrade or maintain them, of for other circumstances beyond our control. Should we need to interrupt the availability of services on the Website, we will use our reasonable endeavours to minimise any interruption to the services.

3. Viruses

We do not represent or warrant that this Website, the Website Content or any other material accessible from this Website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

1. Termination for convenience

We may terminate your access or usage of the Website and/or the Website Content at any time for convenience.

2. Termination for cause

If you breach any of these Terms of Use (including, without limitation, by failing to pay any money owed to us by the payment due date) we may, at our sole discretion:

1. temporarily withdraw or cancel your registration; or
2. cancel and/or refuse to honour any order placed by you.

1. Waiver

Any failure by us to exercise or enforce any one or more of our rights under these Terms of Use will not constitute a waiver of such rights unless such waiver is granted by us in writing.

2. Contact details

If you have any questions or feedback about this Website, please contact us:

Thrive Wellness Centre
6 Hargreaves St
Ascot WA 6104
Email: info@thrivewellnesscentre.com.au
Tel: (08) 9478 3869


3. Governing law

The laws of Western Australia govern these Terms of Use, and each of us submits to the exclusive jurisdiction of the Courts of that State.

4. Entire agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between each of us as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.