TERMS AND CONDITIONS APPLICABLE TO PURCHASES OF
HEALY WORLD PRODUCTS
FOR AUSTRALIA AND NEW ZEALAND
Important Notice to the Consumer
You may have a right to cancel this agreement within 14 business days from and including the day after you signed or received this agreement. Please refer to HEALY WORLD’s Right of Withdrawal for Consumers policy for further information.
These Terms and Conditions govern the purchase of HEALY WORLD products made in Australia and New Zealand on the official HEALY WORLD website at https://au.healy.shop/ (the “Website”) operated by HEALY WORLD AUSTRALIA PTY LTD (ACN:650699362) (“HEALY WORLD”). They constitute a legally binding agreement between (i) a purchaser of HEALY WORLD products (hereinafter referred to as “Consumer”) and (ii) HEALY WORLD as corporation legally established and existing under the laws of Australia.
By placing an order for a HEALY WORLD Product, you express your consent to be bound by these Terms and Conditions.
For the purpose of these Terms and Conditions, the following definitions shall apply:
Consumer: A Consumer who purchases HEALY WORLD products.
Customer: A Consumer who purchases HEALY WORLD products and does not engage in operating a HEALY WORLD Business.
Independent HEALY WORLD Member (IHWM): An individual or other entity who purchases product, generates retail sales and business building Bonuses (including those with different ranks, levels, titles, or paid as titles obtained per the Compensation Plan) and operates a HEALY WORLD Business.
HEALY WORLD Business: A business operated by an IHWM.
HEALY WORLD Product: All goods and services provided by HEALY WORLD.
PAYRIGHT: The Australian payment plan provider
Purchase Contract: Any contract under which HEALY WORLD transfers or undertakes to transfer the ownership of a HEALY WORLD Product to the Consumer and the Consumer pays or undertakes to pay the price thereof under such contract, including any contract having as its object both products and services.
Services: is defined in section 4.1 below.
Website: A virtual place of business HEALY WORLD established to transact goods and services by using information and communications facilities such as computers in order to provide Consumers with such goods and services.
Unsolicited Consumer Agreement (UCA): within the meaning of the Australian Competition and Consumer Act 2010 (Cth),
2.1 A Consumer shall make a purchase order on the Website in the manner set forth below or otherwise in a similar manner, and HEALY WORLD shall provide the description for each of the following items in a way that promotes such Consumer’s easy understanding: (a) search and choose a HEALY WORLD Product; (b) enter the recipient’s name, address, phone number, and email address (or mobile phone number); (c) confirm the content of the terms and conditions of this Purchase Contract, (d) accept these terms and conditions of this Purchase Contract and manifest the confirmation or rejection of the items listed in ‘c’ above; (e) confirm the purchase order and consent to the confirmation of the purchase order by HEALY WORLD; and (f) choose a payment method.
2.2 Upon HEALY WORLD’s acceptance of a product order placed by a Consumer, a legally binding Purchase Contract between the Consumer and HEALY WORLD, comes into effect. HEALY WORLD reserves the right to accept or reject any product order placed by the Consumer. HEALY WORLD will communicate any non-acceptance.
2.3 A product order shall be deemed accepted by HEALY WORLD upon either (a) the written acceptance or confirmation of the product order, which may be expressed via any means permitted by applicable law, by HEALY WORLD, or (b) the shipment of the HEALY WORLD Product, which is subject of the product order, by Healy WORLD.
2.4 HEALY WORLD makes all reasonable efforts to provide a specific, clear and detailed description of the properties, price, and availability of any product offered by HEALY WORLD.
2.5 All product prices displayed in the official HEALY WORLD literature and on the official HEALY WORLD website are inclusive of GST.
2.6 HEALY WORLD reserves the full right to cancel a product order, if exceptionally and despite HEALY WORLD’s best efforts the HEALY WORLD product, which is subject of the product order, is displayed in the official HEALY WORLD literature or on the official HEALY WORLD website with an incorrect price. If a product order is cancelled by HEALY WORLD, HEALY WORLD will provide a full refund of any amounts paid by the Consumer in respect of that product order.
Payment on a product order shall be received at the time of ordering. Unless full payment has been confirmed, HEALY WORLD will not start processing delivery of a product order.
Any payment made with PAYRIGHT is subject to the Terms and Conditions agreed to at the time of the agreement between the Consumer and PAYRIGHT.
4. SUBSCRIPTION of HEALY WORLD FREQUENCY PROGRAM
4.1 Scope and use of the HEALY WORLD subscriptions
The HEALY WORLD subscription programs grant you the right to use the HEALY WORLD Frequency Program and further services (“the Services”). The subscription may not be used by other people or organizations. We may offer some HEALY WORLD Frequency Program as a lifetime purchase or on a recurring subscription base, individually or as a bundle of various programs. The Services are subject to the subscription terms as follows.
Lifetime purchases of Frequency Programs are deemed to made available upon successful payment for the lifetime in which Healy World offers that Frequency Program to our Consumers. Healy World may at any time discontinue to maintain, service or provide any Frequency Programs including those purchased for Lifetime.
4.2 Acceptance of the HEALY WORLD subscription
The HEALY WORLD subscription terms for the HEALY WORLD Frequency Programs are accepted by the Consumer by placing the subscription order.
4.3 Complimentary subscription
On purchases of some HEALY WORLD Products, we may from time to time off a Complimentary subscription period. For example, we may offer the first three (3) months of subscription included with the purchase of specific Healy Editions. The separately payable monthly subscription runs from the date commencing of the next subscription period, for example the fourth month of your device purchase.
4.4 Cancelation of the HEALY WORLD subscription
Cancelation is possible at any time. Simply login to your Healy World online Shop account at https://au.healy.shop/my-account/ to manage or cancel your subscription. You will be able to continue to use your subscription until the end of the period which you have already paid. Once cancelled, your subscription will not renew at the end of the current subscription period.
In the event that the Consumer fails to pay the subscription fee due, the subscription will automatically terminate, and all HEALY WORLD Frequency subscription services will be terminated immediately, unless otherwise specifically agreed in writing between HEALY WORLD and the Consumer.
4.5 Price and payment terms
The prices are displayed in each subscription order. Such prices may vary due to price indices globally. The Consumer is entitled to a cancelation of their subscription order after receiving notice of any changes in prices relating to that subscription order and the Consumer does not agree to the price adjustment.
Payment of your HEALY WORLD Frequency subscription program shall be made w the Consumer submits its online order.
HEALY WORLD will not be responsible for any loss, damage, costs, expenses, or other claims of you or any third party resulting from the suspension of the Services.
Fees for the HEALY WORLD Frequency Subscription programs shall be paid via credit card prior to the first HEALY WORLD Frequency subscription order.
On purchases of recurring subscription Services, the payment will be due on the renewal date of your order of the HEALY WORLD Frequency Program until your cancelation.
4.6 Operating stability
HEALY WORLD Frequency programs will be provided at the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, HEALY WORLD aims to re-establish normal operations as quickly as possible.
4.7 Maintenance of the System
HEALY WORLD is entitled to make operational changes to the HEALY WORLD Frequency programs for improvements or otherwise (for example by developing or updating software) without giving you prior notice. In some circumstances, it may be necessary to suspend access to the frequency programs, usually between 9pm and 6am CET. Notice of such a suspension will be given to you in advance. HEALY WORLD will not be responsible for any consequences of such a suspension where notice has been given.
The HEALY WORLD Frequency programs remains the full property of HEALY WORLD. Individually customized frequency program software also remains the property of HEALY WORLD unless otherwise stipulated. HEALY WORLD may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
4.9 Liability of HEALY WORLD
HEALY WORLD has taken reasonable measures to ensure that the frequency programs are virus-free, however the frequency programs are provided on an “as is” basis. To the extent permitted by law, HEALY WORLD and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of its frequency programs or its website or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of the frequency programs or its website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
• the frequency programs or its website will meet your requirements or expectations.
• anything on frequency programs or its website, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up to date.
• the quality of any products, services, information or other material purchased or obtained through frequency programs or its website will meet any particular requirements or expectations.
• errors or defects will be corrected; or
• the frequency programs or its website or the servers that make it available are free of viruses or other harmful components.
HEALY WORLD shall not be liable to the Consumer for any loss or damage caused arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of HEALY WORLD, its employees, agents licensors, partners and affiliates, for which no limit applies, HEALY WORLD’s liability to the fullest extent permitted by law will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability.
4.10 Data Privacy and Confidentiality
HEALY WORLD is bound by secrecy in respect of any information received about you and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
5.1 A product order is delivered to the address the Consumer has communicated to HEALY WORLD.
5.2 HEALY WORLD makes all reasonable efforts to provide delivery of any product order no later than 30 calendar days from the day of conclusion of the Purchases Contract. Any other time referred to by HEALY WORLD for delivery shall be deemed as a not binding estimate only.
5.3 HEALY WORLD is not liable for any loss, of whatsoever kind, resulting either directly or indirectly from HEALY WORLD’s failure to meet any estimated time of delivery.
5.4 HEALY WORLD reserves the right not to refund any delivery fees paid by the Consumer if the Consumer thereafter wishes to change the mode of delivery to a lower-priced delivery option or to self-pickup or to a new delivery address which cost is lower after the delivery fee is paid and the delivery is initiated. HEALY WORLD also reserves the right to demand for any additional delivery charges incurred if the Consumer thereafter wishes to change the address provided earlier or to change the mode of delivery to a higher priced delivery option.
5.5 HEALY WORLD reserves the full right to deliver a product order or any part thereof in advance of the estimated delivery date.
5.6 The risk of loss of or damage to the product, which is the subject of a product order, shall pass to the Consumer (a) when the Consumer or a third party indicated by the Consumer and other than the carrier has acquired the physical possession of the product; or (b) upon delivery of the product to the carrier if the carrier was commissioned by the Consumer to carry the HEALY WORLD Product and that choice was not offered by HEALY WORLD, without prejudice to the rights of the Consumer against the carrier.
5.7 Notwithstanding any limitations on delivery and/or the passing of risk, HEALY WORLD shall retain property in and title to any product until HEALY WORLD has received full payment for all products, which are subject of an order.
6.1 HEALY WORLD’s liability against the Consumer for any direct damage is limited to the invoice amount of the product order, except for damages related with hidden defects of the product, loss of life or bodily injury of the Consumer, or in case of intent and/or gross negligence on the part of HEALY WORLD or as otherwise required by law.
6.2 To the extent permitted by law, HEALY WORLD bears no responsibility for any damage resulting from incorrect use of the product by the Consumer.
6.3 HEALY WORLD bears no responsibility for loss of life or bodily injury due to pre-existing medical conditions of the Consumer.
7 RIGHT OF CANCELLATION
Please refer to HEALY WORLD’s Right of Withdrawal policy for further information.
HEALY WORLD provides warranty coverage on purchases made from us. Please refer to HEALY WORLD’s Return Policy for Defective or Damaged products for more information.
9 COMPLAINTS AND DISPUTES
The Consumer may address to HEALY WORLD any complaint in connection with a Purchases Contract, which is subject to these Terms and Conditions, by using the contact details set forth in Section 12 below.
10 APPLICABLE LAW
10.1 The formation, construction, interpretation, and enforceability of a Purchase Contract between HEALY WORLD and a Consumer, which is subject to these Terms and Conditions, and all claims arising from or relating to such a contract is governed by the laws of Australia and the exclusive venue for any dispute arising herein, shall be in Sydney, Australia.
10.2 Nothing in these Terms and Conditions shall prejudice the rights of a Consumer according to mandatory provisions of the applicable law.
If one or more provisions of these Terms and Conditions are or become invalid or void, the remaining provisions of these Terms and Conditions are not thereby affected but remain in full force and effect.
12 CONTACT DETAILS
To contact us in regard to this Policy, please contact HEALY WORLD Customer Care at https://au.healy.shop/my-account/mysupportcenter/
You may alternatively write to us at:
HEALY WORLD AUSTRALIA PTY LTD (ACN:650699362)
Level 2 East, The Wentworth Building
300 Murray St, Off Raine Lane
PERTH WA 6000