FOR THE PURCHASE OF HEALY WORLD PRODUCTS AND SUBSCRIPTION TO A HEALY WORLD FREQUENCY PROGRAMME

1. GENERAL

1.1 This Website is administered by Healy World Australia Pty Ltd (ACN 650 699 362)  a company incorporated and existing under the laws of Australia with its business address at Level 2 East, The Wentworth Building, 300 Murray St, Off Raine Lane, Perth WA 6000 Australia and its related entities (“Healy World”),

You are deemed to have accepted these terms and conditions by accessing the website.

They apply to all contracts concluded via this you, the consumer (“Consumer” or “You”).

These General Terms and Conditions constitute a legally binding agreement between You and Healy World and govern Your use of the Website and all offers presented on the Website and all purchases of Healy World products and subscriptions to the Healy Frequency Programmes made through the Website.

1.2 You may only order a Healy World device or accessory (“Healy World Products“) and/or take out a subscription to a Healy Frequency Programme (“Healy World Subscription“) if you are at least 18 years of age and agree to be bound by these General Terms and Conditions.

1.3 Part A of these General Terms and Conditions contains provisions for the purchase of a Healy World product.

1.4 Part B of these General Terms and Conditions contains special provisions for the conclusion of a Healy World subscription.

1.5 Part C contains other provisions which, like this clause 1, apply both to the purchase of a Healy World Product and to the conclusion of a Healy World Subscription.

Part A – BUYING A HEALY WORLD PRODUCT

2. CONCLUSION OF THE CONTRACT

2.1 The presentation of Healy World Products on the Website does not constitute a legally binding offer, but a non-binding product catalogue in which the Consumer may make a purchase.

2.2 By placing an order via the Website, the Consumer makes a binding offer to purchase the relevant Healy World Products and thereby enter a contract of sale (“Contract“).2.3 In order to place an order, the Consumer may first place Healy World products in the shopping basket without obligation and then correct their entries at any time by using the “Back” button on their browser before placing the binding order. In the shopping basket itself, they can change the quantity of a product or remove a product from the shopping basket at any time.

2.4 Thereafter, the Consumer must enter all data relevant to the processing of the order (first and last name, billing and delivery address, selection of payment method and payment data, e-mail address). During the ordering process, Healy World provides the Consumer with technical means in the form of a customary completeness and plausibility check (checking whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), with the help of which the Consumer can identify any input errors. Afterwards, the Consumer’s order data is summarised once again for verification.

2.5 By clicking the button “Order subject to payment“, the Consumer places a binding order for the Healy World products contained in the shopping basket. The Consumer can only place a binding order once the Consumer has taken note of and agreed to these General Terms and Conditions and once the Consumer has taken note of the data protection declaration and the cancellation policy and has confirmed this by placing a tick in the box “I have taken note of and agree to the data protection declaration and the General Terms and Conditions” and in the box “I have taken note of the cancellation policy” before clicking on the aforementioned “Order subject to payment” button.

2.6 The General Terms and Conditions can be printed out via the “Print” function and saved via the “Save” function.

2.7 Healy World will confirm receipt of the order by automatically generated email to the Consumer without undue delay (“Confirmation of Receipt“). The Confirmation of Receipt does not constitute acceptance of the order unless such acceptance is expressly stated in the Confirmation of Receipt, in which case the contract is formed by such acceptance. In all other respects a contract shall be formed at the time Healy World accepts the order by e-mail from the customer (“Order Confirmation“), but no later than when the Healy World Products ordered are dispatched in accordance with Clauses 1 and 4.2 and the Consumer receives a further separate e-mail from Healy World containing dispatch information (“Dispatch Confirmation“). The Order Confirmation or Dispatch Confirmation will also contain all details of the Contract (including details of the Order and these General Terms and Conditions and the Privacy Policy).

2.8 If acceptance of the Consumer’s order is not expressly declared within five working days of receipt by dispatch of the Order Confirmation or Dispatch Confirmation, the Consumer’s offer to conclude the contract is deemed to have been rejected.

2.9 Healy World shall use all reasonable endeavours to provide a specific, clear and detailed description of the features, price and availability of each Healy World Product offered by Healy World.

3. PRICES; TERMS OF PAYMENT

3.1 The prices stated on the website are in AUD and include statutory GST and other price components and are exclusive of the respective flat-rate delivery charge, which is automatically indicated in the shopping basket. The total purchase price for the products ordered by You including GST and, if applicable, shipping costs will also be displayed in the order mask before You submit the order.

3.2 Payment is made via the payment method selected by You in the ordering process

4. DELIVERY; RETENTION OF TITLE

4.1 An order for Healy World Products will be delivered to the address notified by the consumer to Healy World.

4.2 Healy World will deliver the ordered Healy World Products to the address nominated by you no later than 30 calendar days after the conclusion of the sales Contract.

4.3 Healy World reserves the right not to refund any delivery charges paid by the Consumer if, after the delivery charge has been paid and delivery has been initiated, the Consumer wishes to change the delivery method to a cheaper delivery option or to self-collect or to a new, cheaper delivery address.  Healy World also reserves the right to charge the additional delivery fee incurred if the Consumer subsequently wishes to change the address provided or change the method of delivery to a higher priced delivery option.

4.4 Healy World reserves the absolute right to deliver any Product order or part thereof before the expected delivery date, provided that this is reasonable and without further cost to the Consumer.

4.5 The risk of loss of or damage to the Healy World Product which is the subject of an Order shall pass to the Consumer:

(a) when the Consumer or a third party nominated by the Consumer other than the Carrier has taken possession of the Healy World Product; or

(b) on delivery of the Healy World Product to the carrier if the carrier has been instructed by the Consumer to transport the Product and such choice has not been offered by Healy World,

without prejudice to the Consumer’s rights against the carrier.

4.6 Notwithstanding any restrictions on delivery and/or the passing of risk, Healy World shall retain title to the Healy World Products until Healy World has received payment in full for all Healy World Products which are the subject of an order.

5. RIGHTS OF DEFECT

5.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

5.2 Claims for damages due to defects are subject to the statutory provisions and, to the extent permitted by law, modified by the provisions in clause 6.

6. RIGHT OF REVOCATION

6.1 You have a right of withdrawal in accordance with the provisions contained in https://help.healy.world/customer-login/.

6.2 The right of withdrawal does not apply to the following contracts:

(a) contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

(b) contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

6.3 In the case of promotional offers, any equipment and/or accessories that You have received free of charge as part of Your order must be returned together with the equipment and/or accessories that are not promotional items in order to receive a refund.

7. Healy World Warranty for Consumers

Please refer to Healy World’s Return Policy at https://au.healy.shop/return-policy/

Part B – CONCLUSION OF A HEALY WORLD SUBSCRIPTION

In addition to purchasing the Healy World product, You can also take out a Healy World subscription via the Website.

8. Scope and Use of the Healy World Subscription

8.1 The Healy World subscription grants you the right to use the Healy Frequency Programme and other services contained therein (“Services“).

8.2 The Healy World subscription may not be used by any other person or entity (other than the Consumer).

8.3 We may offer some Services on a monthly subscription basis, individually or as a bundle of different programmes.

9. Conclusion of the Contract

A Healy World subscription can be taken out in accordance with the same order process under part A, clause 2

10. Prices and Terms of Payment

10.1 Prices are shown in Australian Dollar and inclusive of GST.

10.2 If, when purchasing a Healy World product, You also decide to take out a Healy World subscription, the first payment is due from the date of Your order and then on the first of each calendar month.10.3 Payment will be made by the method of payment selected by You in the ordering process.

We offer the following payment options. The payment is made to the service provider appointed by Healy World (“Service Provider”) in each case:

• Invoice: The payment term is 14 days from the dispatch of the goods and/or the provision of the service.
• Instalment purchase: With financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after the Service Provider sends you a monthly invoice.

The use of the payment methods invoice and hire purchase requires a positive credit check. In this respect, we forward your data to the Service Provider for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Your personal data will be processed by the Service Provider in accordance with the applicable data protection regulations and in accordance with the information in the Service Provider’s privacy policy.

11. Term and Cancellation of Healy World Subscriptions

11.1 Term and Renewal of the Healy World Subscription:

A paid Healy World subscription has a minimum term, which You choose when concluding the contract. If the paid subscription is not cancelled with one month’s written notice to the end of the month, it will automatically renew depending on the type of subscription until the subscription is cancelled by You. If You do not cancel your original paid subscription or do not cancel it within the time stipulated by the contract, You can cancel the renewal subscription at any time by giving one month’s notice.

11.2 Terms and Renewal of the MagHealy subscription:

A paid MagHealy subscription has a minimum term, which varies depending on the type of subscription You choose. If the paid subscription is not cancelled with one month’s notice to the end of the month, it will automatically renew, depending on the type of subscription until the subscription is cancelled by You. The types of subscriptions available for purchase are:

• 1-month subscription (automatically extended by 1 month after expiry)
• 3-month subscription (automatically renewed for 3 months after expiry)
• 6-month subscription (automatically renewed for 6 months after expiry)
• 12-month subscription (automatically extended by 1 month after expiry)

If You do not cancel Your original paid subscription or do not cancel it in time, You can cancel the renewal subscription at any time by giving one month’s notice.

The possibility of extending a subscription to the longer term is only possible after the current subscription has been cancelled. If a change is made to a subscription with a longer term as part of an existing subscription, the monthly due date for payment for the first subscription remains in effect until expiry.

The following discounts apply when subscriptions with longer terms and/or additional MagHealy applications are taken out:

• 3-month subscription = 5% discount
• 6-month subscription = 10% discount
• 12-month subscription = 20% discount

• 2 MagHealy applications = 20% discount
• 3 MagHealy applications = 33% discount.

Healy World reserves the right to unilaterally modify or terminate these special terms for future subscriptions of applications at any time without notice or reason.

11.3 You may cancel any Healy World subscription(s) that You no longer wish to receive by simply clicking the button in Your BackOffice, under Subscriptions, or by sending Healy World a message at contact@healy.world. Please be informed that in the event that the subscription in terminated at any time prior to the expiration of the subscription period, the payment made in advance will not be refunded for the unused period.

12. Changes to the Conditions of the Subscription Offers

Healy World may, in its sole discretion, change the price of Subscription Offerings at certain intervals to reflect the impact of changes in the overall costs associated with our service. Cost factors that affect the price of our subscription offerings include production and licensing costs, costs associated with technical delivery, customer service and other distribution costs (e.g., billing and payment, marketing), general administrative and other overhead costs (e.g., rent, interest and other financing costs, costs of personnel, service providers and services, IT systems, energy), and government-imposed fees such as taxes and duties. Healy World will notify its customers of any price increase at least 30 days before it takes effect by email to the address provided at registration. In notifying its customers of the price increase, Healy World shall also specifically inform its customers of the right to extraordinary termination, the period of notice and the consequences of a termination not received in due time, which shall apply exclusively to price adjustments. If the subscription is not cancelled after notice has been given, the new price shall apply to the user from the next due date of the monthly subscription.

13. Operational stability

Healy World frequency subscription programmes are provided with the highest possible degree of operational stability, but Healy World is not responsible for outages caused by factors beyond its control. Such failures include, but are not limited to, power outages, failures in modem equipment, telecommunications links or the like. In any event, Healy World will endeavour to restore normal operation as soon as possible.

14. Maintenance of the system

Healy World may, without prior notice, make operational changes to the Healy Frequency Programs for improvement or other purposes (e.g., by developing or updating software). In certain circumstances it may be necessary to suspend access to the Frequency Programmes. Any such suspension, if foreseeable, will be notified to you in advance.

15. Rights to the frequency programmes and the Healy World application

15.1 The Healy Frequency Programs shall remain the absolute property of Healy World. Customised software for Frequency Programs shall also remain the property of Healy World unless otherwise agreed. Healy World may assign its rights and obligations under this Agreement at any time to a commercially affiliated subsidiary or business unit, or to any affiliate or division thereof. Except as provided above, the rights and obligations under this Agreement may not be transferred to a third party without the written consent of the other party. In the event of such a transfer, You shall have the right to withdraw from the contract.

15.2 Healy World will provide updates to any Healy World apps as necessary and appropriate. Healy World reserves the right to provide additional updates at its sole discretion. Healy World reserves the right to make changes to the Apps at any time in a manner reasonably acceptable to the user, for example, to enhance the Apps and improve the user experience. This right applies to both technical and content adjustments.

16. Liability of Healy World

Healy World has taken reasonable steps to ensure that the Frequency Programs are free of malicious software, but no warranty is made that the Programs will remain free of infection by malicious software. To the fullest extent permitted by law, Healy World disclaims all warranties, express or implied, with respect to the Frequency Programs, including but not limited to implied warranties of fitness or suitability for a particular purpose.

17. RIGHT OF REVOCATION

17.1 You have a right of cancellation in accordance with the provisions contained in https://help.healy.world/customer-login/ or as otherwise provided by law.18.4 In the case of a contract for the purchase of digital content, the right of cancellation shall also expire if performance of the contract has commenced after You have consented to the commencement of performance of the contract before the expiry of the cancellation period and have confirmed Your knowledge that You thereby lose Your right of cancellation.

17.4 In the case of a contract for the purchase of digital content, the right of cancellation shall also expire if performance of the contract has commenced after You have consented to the commencement of performance of the contract before the expiry of the cancellation period and have confirmed Your knowledge that You thereby lose Your right of cancellation.

Part C – OTHER

18. DATA PROTECTION AND CONFIDENTIALITY

18.1 Data processing is carried out in accordance with the relevant data protection laws. For the rest, please refer to the information on data protection on our website: https://au.healy.shop/privacy/

18.2 Healy World has implemented the necessary technical and organisational security measures in accordance with the legal requirements to ensure the security of the personal data processed.

18.3 Healy World is required to maintain the confidentiality of all information obtained about You and will not disclose such information to any third party unless required to do so by a court or regulatory authority of competent jurisdiction, and then only to the extent necessary.

19. FINAL PROVISIONS

19.1 Contracts between Healy World and the consumer shall be governed by the laws of Australia . However, this choice of law shall only apply to the extent that the Consumer is not thereby deprived of the protection afforded to him by provisions which may not be derogated from by agreement under the law which, in the absence of a choice of law, would have been applicable on the basis of statutory provisions. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has their habitual residence as a consumer, shall remain unaffected.

The place of jurisdiction for all disputes arising from the contractual relationship between the Consumer and Healy World , is the competent court of the country in which Healy World has its registered office.

CONTACT DETAILS

Healy World Australia Pty Ltd (ACN :650699362)
Level 2 East, The Wentworth Building
300 Murray St, Off Raine Lane
Perth WA 6000 Australia

Version: June 2023