Terms of Service

OVERVIEW

This website is operated by Fiora Health Pty Ltd (“Fiora Health”, “Fiora”, “we”, “us” or “our”). Throughout the Website, the terms “we”, “us” and “our” refer to Fiora Health.

Fiora Health provides health and wellness products through our website at www.fiorahealth.com.au (the “Website”).

These Terms of Service (“Terms”) govern your access to and use of the Website and your purchase of products and services from us.

By accessing or using the Website, placing an order, creating an account, subscribing to our marketing communications, or otherwise using our Services, you agree to be bound by these Terms, together with our Privacy Policy, Shipping & Returns Policy and any other policies or terms referenced on the Website.

Please read these Terms carefully before using the Website or purchasing products from us. If you do not agree with these Terms, you should not use the Website or purchase products through the Website.

We may update these Terms from time to time. The latest version of these Terms will be published on this page. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.

Our online store is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ELIGIBILITY AND USE OF THE WEBSITE

By using the Website, you represent that you are legally capable of entering into a binding agreement under applicable law.

You agree to use the Website only for lawful purposes and in accordance with these Terms.

You must not use the Website:

For any unlawful or unauthorised purpose

To violate any applicable laws or regulations

To infringe the intellectual property rights or other rights of Fiora Health or any third party

To interfere with or attempt to compromise the security or operation of the Website

To transmit viruses, malware or other harmful code

To collect or attempt to collect personal information about other users without authorisation

To engage in fraudulent, misleading or deceptive activities

To interfere with the Website or its functionality

To use automated systems to scrape, crawl or collect Website content without our prior written permission

We reserve the right to restrict or terminate access to the Website if we reasonably believe that you have violated these Terms or applicable law.

SECTION 2: PRODUCTS AND SERVICES

We make reasonable efforts to ensure that product descriptions, images, prices and other information displayed on the Website are accurate and current.

However, we do not guarantee that product descriptions, images, colors, specifications or other Website content will always be complete, accurate, current or error free.

Product images may vary from the actual product due to differences in displays, lighting, photography and other factors.

We reserve the right to modify product descriptions, specifications, availability and pricing at any time without prior notice.

We also reserve the right to discontinue products or limit the quantity of products available for purchase.

Any product offer made through the Website is subject to availability and may be withdrawn or changed at any time.

SECTION 3: HEALTH AND WELLNESS INFORMATION

The information provided on the Website is intended for general informational and educational purposes only.

Information relating to health, wellness, nutrition, ingredients, products or lifestyle is not intended to constitute medical advice, diagnosis or treatment.

Our products are not intended to diagnose, treat, cure or prevent any disease or medical condition unless expressly stated otherwise and permitted under applicable law.

You should not rely on information provided on the Website as a substitute for advice from a qualified healthcare professional.

If you have a medical condition, are taking medication, are pregnant or breastfeeding, or have any concerns about whether a product is suitable for you, you should consult your doctor, pharmacist or other qualified healthcare professional before purchasing or using the product.

Always read the product label, warnings and directions for use before using any product and use the product only as directed.

You are responsible for determining whether a product is appropriate for you and for using products in accordance with the applicable instructions and warnings.

Nothing on the Website is intended to replace professional medical advice.

SECTION 4: ORDERS AND PURCHASES

When you place an order through the Website, you are making an offer to purchase the products selected by you in accordance with these Terms.

After you place an order, you may receive an order confirmation email acknowledging receipt of your order. This does not necessarily mean that your order has been accepted.

We reserve the right to accept or decline an order for any lawful reason.

An order may be cancelled or declined where, for example:

A product is unavailable

There is an error in the product description or pricing

We reasonably suspect fraudulent or unauthorised activity

The order appears to have been placed for resale or commercial distribution without our authorisation

We are unable to process the payment

There is an error in the shipping information provided

Where we cancel an order after payment has been received, we will refund the amount paid for the cancelled order to the original payment method, subject to applicable law.

SECTION 5: PRICES AND PAYMENT

All prices displayed on the Website are in Australian dollars unless otherwise stated.

Prices may change from time to time without notice.

The price payable for a product will generally be the price displayed on the Website at the time you place your order, subject to any pricing or technical error.

We reserve the right to correct pricing errors, product information errors or other inaccuracies and, where permitted by law, to cancel or adjust an order affected by such an error.

Payment must be made using the payment methods made available at checkout.

Payment processing may be provided by third-party payment service providers. Your payment information may be handled by those providers in accordance with their own terms and privacy policies.

We do not generally store complete payment card information on our own systems.

You agree to provide accurate and complete billing and payment information and to promptly update your information where necessary to complete your transaction.

SECTION 6: SHIPPING AND DELIVERY

Shipping within Australia is available in accordance with our Shipping & Returns Policy.

Our standard shipping fee is AUD $9.

Free standard shipping is available on orders over AUD $70 after discounts have been applied.

Available shipping options and applicable shipping costs will be displayed at checkout before you complete your purchase.

Orders are processed during business days and we aim to dispatch orders as soon as reasonably possible.

Once your order has been dispatched, we will generally provide a shipping confirmation email with tracking information where available.

Delivery times may vary depending on your location, delivery provider, public holidays, carrier conditions and other circumstances outside our reasonable control.

We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, severe weather, public holidays, natural disasters, industrial action or other events beyond our control.

For further information about shipping, please refer to our Shipping & Returns Policy.

SECTION 7: RETURNS, REFUNDS AND CONSUMER GUARANTEES

Our returns and refunds are governed by our Shipping & Returns Policy.

Due to the nature of health and wellness products, we do not accept returns or refunds for change of mind purchases unless otherwise required by law.

If you receive a product that is damaged, faulty, incorrect or missing from your order, please contact us at support@fiorahealth.com.au as soon as possible.

When contacting us, you may be asked to provide your order number, a description of the issue and photographs of the product or packaging where appropriate.

Depending on the circumstances, we may provide a replacement, refund or other appropriate remedy.

Approved refunds will generally be processed to the original payment method.

Original shipping fees are non-refundable unless the issue is caused by an error on our behalf or the product is confirmed to be faulty, subject to your rights under applicable law.

Nothing in these Terms or our Shipping & Returns Policy excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable laws.

If a product has a fault or issue covered by the Australian Consumer Law, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.

SECTION 8: ACCOUNT INFORMATION

You may be able to create an account or provide account information when using certain features of the Website.

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account, to the extent permitted by law.

You agree to provide accurate, current and complete information when creating an account or placing an order.

You must notify us if you believe that your account information has been accessed or used without authorisation.

We reserve the right to suspend or terminate an account where we reasonably believe that the account has been used in breach of these Terms or applicable law.

SECTION 9: EMAIL AND MARKETING COMMUNICATIONS

By providing your email address to us, you may receive service-related communications necessary to process or fulfill your orders, manage your account or provide our Services.

Where you subscribe to our marketing communications, you may receive emails containing information about Fiora products, promotions, offers, educational content, new products and other information that may be relevant to you.

Where required by law, we will obtain your consent before sending commercial electronic messages.

You may unsubscribe from marketing communications at any time by following the unsubscribe or opt-out instructions included in the relevant communication or by contacting us at support@fiorahealth.com.au.

Unsubscribing from marketing communications will not prevent us from sending necessary service-related communications, such as order confirmations, shipping updates, account-related communications or other messages necessary to provide our Services.

Our handling of personal information in connection with email and marketing communications is described in our Privacy Policy.

SECTION 10: USER CONTENT AND REVIEWS

If you submit reviews, comments, feedback, photographs, testimonials, suggestions or other content to us through the Website, email, social media or other channels (“User Content”), you are responsible for ensuring that the content is accurate and does not violate the rights of any third party.

You must not submit content that:

Is unlawful, misleading, defamatory, threatening, abusive or obscene

Infringes copyright, trademarks, privacy rights or other rights of another person

Contains malicious code or harmful software

Impersonates another person or organisation

Contains false or misleading information

Violates these Terms or applicable law

By submitting User Content to us, you grant Fiora Health a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, display, adapt and distribute that content for purposes related to operating, promoting and improving our business and Services, subject to applicable law.

This licence does not prevent you from continuing to use your User Content elsewhere.

We reserve the right, but are not obligated, to review, edit or remove User Content that we reasonably consider to be unlawful, inappropriate, misleading or in violation of these Terms.

SECTION 11: INTELLECTUAL PROPERTY

All content on the Website, including text, product descriptions, photographs, graphics, logos, trademarks, designs, videos, illustrations, software and other materials, is owned by or licensed to Fiora Health unless otherwise stated.

You may access and use the Website for your personal and non-commercial purposes.

You must not reproduce, copy, modify, distribute, publish, sell, licence, create derivative works from or commercially exploit any Website content without our prior written permission, except where permitted by law.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

The Fiora Health name, logo and other brand elements are our trademarks or are used by us under licence where applicable.

SECTION 12: THIRD-PARTY SERVICES AND LINKS

The Website may use or provide access to third-party services, technologies, applications or websites.

These may include payment providers, delivery providers, analytics services, advertising platforms, social media services and other technology providers.

Third-party services are provided by their respective providers and may be subject to their own terms and privacy policies.

We do not control and are not responsible for the content, availability, security, policies or practices of third-party websites or services.

If you choose to access or use a third-party service, you do so at your own discretion and subject to the terms applicable to that third party.

SECTION 13: PRIVACY

Your use of the Website and our handling of personal information are governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, store and protect personal information and the rights and choices available to you.

By using the Website, you acknowledge that you have read and understood our Privacy Policy.

SECTION 14: WEBSITE AVAILABILITY AND ACCURACY

We aim to keep the Website available and functioning properly, but we do not guarantee that the Website will always be available, uninterrupted, secure or error free.

The Website may occasionally be unavailable due to maintenance, technical issues, updates, security matters or circumstances outside our reasonable control.

We do not guarantee that information available through the Website will always be accurate, complete, current or free from errors.

We reserve the right to modify, suspend or discontinue any part of the Website or Services at any time.

SECTION 15: PROHIBITED ACTIVITIES

You must not use the Website or Services to:

Violate any applicable law or regulation

Engage in fraudulent or deceptive activity

Attempt to gain unauthorised access to the Website or its systems

Interfere with the security or operation of the Website

Upload or transmit malicious software or harmful code

Scrape, crawl or harvest Website content or personal information without authorisation

Impersonate another person or entity

Infringe intellectual property or other rights

Use the Website for unauthorised commercial purposes

Interfere with another person's use of the Website

Attempt to circumvent security measures

Use the Website in a way that may damage our reputation, systems or business

We may suspend or terminate your access to the Website if we reasonably believe that you have engaged in prohibited activity.

SECTION 16: DISCLAIMER

To the maximum extent permitted by law, the Website and its content are provided on an “as available” basis.

We do not guarantee that:

The Website will be uninterrupted or error free

The Website will always be available

Information on the Website will always be accurate, complete or current

The Website will be free from viruses or other harmful components

Any particular result will be achieved through the use of our products or Services

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.

SECTION 17: LIMITATION OF LIABILITY

To the maximum extent permitted by law, Fiora Health and its officers, employees, contractors, suppliers and service providers will not be liable for any loss or damage arising from your use of the Website or Services where such liability may lawfully be excluded.

This may include indirect, incidental, special or consequential loss, loss of profits, loss of revenue, loss of data or business interruption.

Nothing in these Terms excludes, restricts or modifies our liability to the extent that such liability cannot lawfully be excluded, restricted or modified.

To the extent that a limitation of liability is permitted by law, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 18: INDEMNITY

To the maximum extent permitted by law, you agree to indemnify and hold Fiora Health and its officers, employees, contractors, suppliers and service providers harmless from claims, losses, liabilities, costs and expenses arising from your breach of these Terms, your unlawful use of the Website or your violation of the rights of another person.

This indemnity does not apply to the extent that the claim, loss or liability was caused by our negligence, unlawful conduct or other circumstances where liability cannot lawfully be excluded.

SECTION 19: TERMINATION

We may suspend or terminate your access to the Website or Services where we reasonably believe that you have breached these Terms or applicable law.

You may stop using the Website at any time.

Termination of access does not affect any rights, obligations or liabilities that arose before termination.

Any provisions that by their nature are intended to continue after termination will continue to apply.

SECTION 20: SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable, where permitted by law.

If the provision cannot be made enforceable, it will be severed from these Terms without affecting the validity of the remaining provisions.

SECTION 21: ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Shipping & Returns Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Fiora Health concerning your use of the Website and Services.

If there is any inconsistency between these Terms and another policy, the applicable policy will apply to the extent necessary to address the subject matter of that policy, subject to applicable law.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

SECTION 22: GOVERNING LAW

These Terms are governed by the laws of Australia.

You agree that any dispute arising in connection with these Terms or your use of the Website will be subject to the applicable laws and courts of Australia, subject to any mandatory rights or protections available to you under applicable law.

Nothing in this section limits any rights you may have under the Australian Consumer Law or other mandatory consumer protection laws.

SECTION 23: CHANGES TO THESE TERMS

We may update or change these Terms from time to time to reflect changes to our business, products, Services, Website, legal requirements or other operational matters.

When we make changes, we will publish the updated Terms on the Website and update the “Last Updated” date.

You should review these Terms periodically.

Your continued use of the Website after updated Terms have been published constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 24: CONTACT INFORMATION

If you have any questions about these Terms of Service, our products, orders or Services, please contact us:

Fiora Health Pty Ltd

Website: www.fiorahealth.com.au

Email: support@fiorahealth.com.au