By browsing, accessing or otherwise using this website or any data or content from this website, you agree to be irrevocably and unconditionally be bound by these Terms and Conditions.
1. No Warranty
(a) Wellness Within Consulting Pty Ltd (A.B.N 49 626 062 324) trading as Akeso Natural (AKESO) and its contractors are responsible for maintaining this website and all publications, content, data or the like uploaded on this website and make no warranty as to the accuracy or reliability of the information contained therein. This extends to any content, data or information generated or uploaded to this website by or on behalf of AKESO and/or any third party and/or any user or subscriber to this website.
(b) AKESO, its associated entities, related entities, officers and employees are not liable or responsible for any loss or damage which may be caused to any recipient by directly or indirectly relying on anything contained in or omitted from our website or any information or data contained therein.
(c) You acknowledge that you access this website at your sole and absolute risk and by accessing this website you expressly and irrevocably release AKESO from any and all liability which may accrue as a direct or indirect result of your access and access to this website and reliance upon any data or information therein.
2. Disclaimer
- The contents of this website is provided for general information purposes only.
- To the maximum extent permitted by applicable laws, content published within this website is provided in good faith on an “as is”, “as available” and “where is” basis and AKESO excludes and disclaims to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.
- Illustrations and photos contained on this website are sample representations of the relevant products advertised, and variations may occur from time to time.
- Whilst AKESO endeavours to ensure the functionality of this website, to the maximum extent permitted by applicable laws, AKESO:
- in no way guarantees uninterrupted access to the website or the security of the website;
- does not guarantee the accuracy or completeness of the elements and / or information published on the website; and
- disclaims liability for any damage whatsoever, including without limitation direct, indirect, incidental, special, punitive or consequential damages and / or loss of profits, business interruption or loss of data or information that may result from access to this website and the use of all or part of the elements or information contained on the website.
- Notwithstanding any of the above, nothing in these terms and conditions or within this website shall operate to exclude, restrict or modify any guarantee, term, condition or warranty, right or remedy implied or imposed by any statute or regulation that cannot lawfully be excluded or limited (including under the Australian Consumer Law). To the extent that rebel’s liability can be limited, our liability will be so limited.
3. Restrictions
(a) By browsing, accessing or otherwise using this website, you warrant and agree that you must not and will not:
(i) use any device, software, hardware, process or any other technology of any means to access, retrieve, scrape or index this website or any information, content or data contained therein;
(ii) interfere with the operation of this website by any means, through any technology or through any third party;
(iii) cause excessive and burdensome internet traffic to this website or the AKESO infrastructure;
(iv) use any data, information or content of this website to compete with AKESO in any capacity whatsoever, whether by website or otherwise;
(v) violate any proprietary rights, property rights, copyrights, privacy or intellectual property rights of AKESO or any other person;
(vi) violate these Terms and Conditions or any New South Wales or Australian law, regulation, requirement or code of conduct;
(vii) solicit any unauthorised financial benefit from any other user of this website;
(viii) copy, reproduce, retransmit, create derivate works, sell or display or in any way exploit this website without the prior express written authorisation of AKESO.
(b) You acknowledge that if you fail to adhere to the restrictions set out in term 2(a) above, AKESO may proceed with any of the following actions against you:
(i) reporting your conduct to Australian or New South Wales regulatory officials such as the New South Wales Police Force or the Australian Federal Police;
(ii) institute technological barriers however AKESO deem necessary;
(iii) commence Court proceedings seeking damages from you; or
(iv) commence Court proceedings seeking injunctive and/or declaratory relief against you.
(c) You must indemnify AKESO and its related associated entities from any loss suffered as a direct or indirect result of your contravention of term 2(a) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
4. Copying of Data
(a) This term is subject to the Copyright Act 1968 (Cth) and nothing in this term is intended to affect or alter the operation of the Copyright Act 1968 (Cth). In the event of an inconsistency between this term and the Copyright Act 1968 (Cth), the Copyright Act 1968 (Cth) shall prevail to the extent of that inconsistency.
(b) All content included on this website, including but not limited to data, information, content, material, text, images, audio, videos, logos, button icons, is the intellectual property of AKESO, its associated entities or related entities or its third-party content suppliers. Use of this website does not transfer any intellectual property rights or copyrights to the user or grants the user any licence to exercise any intellectual property rights unless expressly authorised by AKESO in writing.
(c) AKESO grants users of this website revocable permission to download copyright material on this website for their own personal use provided that such use is non-commercial and not to obtain any financial benefit whilst excluding AKESO.
(d) You must not reproduce, copy or alter information, data or content contained on this website without the prior express written authority of AKESO.
(e) This website contains registered trademarks and other trademarks which are protected by law. The user must not use any of the marks or trademarks appearing on this website or our name or the names of our related bodies corporate without the prior written consent of AKESO. The user must also not use any of the other company, product and services marks on this website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
5. Third Party Content
(a) You acknowledge that this website may from time to time contain information, data and content uploaded by third parties (Third Party Content).
(b) AKESO does not in any way monitor the Third Party Content on this website and makes no warranty as to the accuracy of such Third Party Content. For that purpose, AKESO is not liable or responsible for any matters pertaining from the Third Party Content whether directly or indirectly.
(c) You rely upon Third Party Content on this website at your sole and absolute risk and you acknowledge that AKESO makes no express or implied representations as to the Third Party Content or the accuracy thereof.
(d) You are responsible for making your own independent enquiries in respect of the Third Party Content on this website. You acknowledge that the Third Party Content does not necessarily represent the view of AKESO.
(e) You release and hold harmless AKESO from any and all liability arising from any Third Party Content on this website.
6. Advertising
(a) AKESO is entitled to, at its sole and absolute discretion, upload and include advertisements and links to third party material (such as contact details of users) and other third party websites on this website.
(b) Such third party material and third party websites are not part of this website and are not controlled by AKESO by any means whatsoever. AKESO makes no warranty or express or implied representations as to the accuracy or reliability of the third party material and third party websites or any information, data or material contained therein.
(c) You acknowledge that you access such third party material and third party websites at your sole and absolute risk. For that purpose, AKESO is not liable or responsible for any matters or liability pertaining from the third party material and third party websites and you agree to release AKESO from such liability.
7. Uploading Data
(a) By subscribing to AKESO, you may be entitled to upload material, information, data, content, text, images, video, audio or the like with the approval of AKESO (uploaded data).
(b) AKESO may reject any request by you to upload any uploaded data to this website at its sole and absolute discretion.
(c) You expressly warrant that the uploaded data is not:
(i) in contravention of any law, regulation, code of conduct or requirement imposed by any authority;
(ii) in contravention of copyright or the intellectual property rights of any third party;
(iii) misleading or deceptive;
(iv) inappropriate noting the purpose of this website;
(v) materially incorrect;
(vi) obscene;
(vii) offensive;
(viii) defamatory;
(ix) maliciously false;
(x) unlawful;
(xi) corrupt;
(xii) likely to damage the reputation of AKESO; or
(xiii) likely to damage or adversely affect the operation of this website.
(d) You expressly warrant that the uploaded data is:
(i) owned and controlled by you, including any rights in the uploaded data;
(ii) able to be lawfully displayed by AKESO on this website;
(iii) lawfully obtained by you, including obtainment of all necessary licences, rights, consents and permissions required to use the uploaded data
(e) In the event that you contravene terms 7(b)or 7(c), you agree and acknowledge that:
(i) AKESO may remove, alter, delete or disable the uploaded data at its sole and absolute discretion;
(ii) you indemnify AKESO and its related and associated entities from any loss suffered as a direct or indirect result of your contravention of term 6(b) and/or 6(c) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
(f) You grant you grant AKESO a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any medium, whether currently in existence or not.
(g) AKESO is not liable to you for any loss which may be occasioned by use of your uploaded data by a website user. You acknowledge that you upload data to this website at your sole and absolute risk.
8. Availability of Products
(a) From time to time, AKESO may make a product(s) (Product) available for you to place in your shopping cart on this website (Order).
(b) You acknowledge that Your Order is subject to the Product’s availability and if the product(s) becomes unavailable, your Order may be cancelled in accordance with term 11.
9. Placing an Order for Products
- You may order Products by selecting and submitting your order through this website in accordance with these terms and conditions. Any Order placed through this website is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and applicable taxes) at the time you place the order.
- No order shall be deemed to be accepted by us until we issue an email acceptance of the order.
- AKESO may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through this website.
- All Orders for a Product from this website must be intended for personal non-commercial use only.
- AKESO may, from time to time, restrict the quantity of Products ordered through this website by one (1) person, household or address during a particular time.
10. Acceptance or Rejection of Orders
- AKESO reserves the right to accept or reject an Order for any reason, including but not limited to:
- if the requested Product is not available; or
- if there is an error in the price or the product description posted on this website or in your order.
- In the event that AKESO is required to reject an Order, AKESO will use all reasonable endeavours to let you know as soon as possible of the rejection and the reason for the rejection.
- Each order placed for Products through this website that is accepted shall result in a separate binding agreement between you and AKESO for the supply of those Products.
- For each order accepted, AKESO will supply the Products in that order in accordance with these Terms and Conditions.
11. Cancellation
11.1 Cancellation by AKESO
(a) Prior to the dispatch of an Order, AKESO may cancel all or any part of an Order (including any Order that has been previously accepted by AKESO) without any liability to you for such cancellation provided that:
(i) the requested Products in that Order are no longer available;
(ii) there is an error in the price, or the product description posted on this website in relation to the relevant Product in that order; or
(iii) that order has been placed in breach of these Terms and Conditions.
(b) If AKESO deems that an Order must be cancelled due to anything contained within term 11.1, then AKESO will endeavour to provide reasonable notice of such cancellation and there will be no charge, provided that:
(i) AKESO has cancelled the order prior to the delivery of the Products;
(ii) you are not at fault for the cancellation; or
(iii) you are not in breach of these Terms and Conditions.
11.2 Cancellation by User
(a) Prior to the acceptance by AKESO of an Order, you may cancel all or any part of an Order due to circumstances beyond your reasonable control without any liability to AKESO for such cancellation, however AKESO shall not be required to facilitate the cancellation of any Order or provide funds, returns or replacements of any Products if you simply change your mind.
(b) If the user elects to cancel an Order in accordance with term 11.2(a)above, then the user must provide AKESO with notice of such cancellation, and the applicable reasons for cancellation, prior to the acceptance of the Order.
(c) For the avoidance of doubt, the user is unable to cancel all or any part of an Order after that Order has been accepted.
12. Payment for Products
By entering your payment information, you acknowledge and consent to any third party payment processor used by AKESO charging the credit card details you enter onto the website for the amount of Your Order.
13. Product Pricing
13.1 General
(a) AKESO shall charge, and you agree to pay, the following fees and charges in relation to an Order that is accepted (as applicable):
(i) the advertised purchase price of each Product that is ordered;
(ii) the delivery fee for delivering the Products to you; and
(iii) any other fees and charges set out in these Terms and Conditions or displayed on this website from time to time.
(b) All fees and charges identified in these Terms and Conditions and all prices for the Products as shown on this website are inclusive of GST as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999(Cth) unless otherwise indicated.
13.2 Prices
(a) All prices displayed upon this website are in Australian Dollars (AUD).
(b) The prices of products and delivery and other charges displayed on this website are current at the time of issue, however, AKESO reserves the right to change prices at any time before we accept an order from you.
(c) The purchase price of each Product is shown on the this website at the time you place your order.
13.3 Delivery Fees
(a) Delivery fees are payable in addition to the purchase price of each Product and may vary depending on the delivery method.
(b) You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
(i) special, non-stock and/or bespoke items;
(ii) heavy, bulky and/or awkward items;
(iii) express or urgent deliveries; or
(iv) bulk or large quantity orders.
13.4 Incorrect Pricing
(a) AKESO will use its reasonable endeavours to ensure that any price indicated for a Product is accurate and without error. In the event that a price listed for a Product is incorrect or erroneous (Incorrectly Priced Product), AKESO reserve the right to rectify any prices on the website at its sole and absolute discretion and without any notice to you.
(b) If an Incorrectly Priced Product has been added to your Order, AKESO may in its sole and absolute discretion cancel your Order or contact you for further instructions.
(c) If an Incorrectly Priced Product has been shipped to you, you agree that AKESO may direct you to either:
(i) pay AKESO the difference between the actual price for the product and the price you paid for the product, within 10 business days of receiving notice from AKESO of same; or
(ii) return the Incorrectly Priced Product to AKESO.
14. Product Shipping
(a) Your Order will only be processed between Mondays to Fridays and may take between one (1) to two (2) weeks, however the actual timing of delivery is always subject to and dependent on the Product, availability of goods and labour and any events outside of our control.
(b) PO Box addresses will not be accepted.
(c) You may verify the status of Your Order by contacting our customer service team number 0405 251 903 between 9:30AM–5:30PM Monday through Friday, AEST.
(d) AKESO is not responsible for any damage and/or delay occasioned to Product(s) through its shipping providers.
15. Product Returns
- Unless you notify AKESO to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by AKESO, the Products shall be deemed to have been accepted by you.
- Subject to the satisfaction of the conditions listed in term 15(c)below, if you are unhappy with the Product purchased, you may request a credit or exchange for the Product from AKESO where the product delivered:
- is faulty or is not of merchantable quality;
- is not fit for its intended purpose;
- does not match the description on this website; or
- otherwise fails to meet any mandatory guarantees imposed by applicable laws.
- In order for AKESO to be able to provide you with a credit or exchange for the Product:
(i) you must contact AKESO within seven (7) days from the date the Product is confirmed to be delivered to you;
- the Product must be in its original packaging; and
- the Product must not have any damage or any signs of use.
- If the Product does not satisfy the above conditions listed in term 15(c)above, AKESO reserves the right to reject your request in its sole and absolute discretion for a credit or exchange in return for the Product.
- AKESO does not permit credits, exchanges or refunds where any of the conditions in term 15(b)are not satisfied (for example, where You simply change your mind following a purchase).
- Notwithstanding any of the above, your 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 the rights and remedies provided under the Australian Consumer Lawwithout exclusion.
16. Courses/Programs
(a) If you have pre-paid for a course or program and cannot attend, you will be given a refund, less the deposit amount, within seven (7) days of your request for refund (which must be done in writing). Your deposit will be held as a credit to be applied to a future course or program within one (1) year of purchase.
17. Warranties
17.1 You expressly warrant that:
(a) you agree to be irrevocably and unconditionally bound by these Terms and Conditions;
(b) your use of this website is conditional upon compliance with these Terms and Conditions;
(c) you acknowledge that the Product is provided on an “as-is” basis without any further warranties of any kind by AKESO;
(d) all information and data provided by you through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(e) the person receiving the Products at the delivery address is authorised by you to do so;
(f) you have and will comply with all relevant laws relating to your use of this website and your placement of any order to AKESO;
(g) you will ensure that your email address that you provided to us as part of the registration process to use the website (Login ID) and password that is used to access the website are kept securely;
(h) you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
(i) you are responsible for any costs associated with your access to or use of the website, including Internet access fees;
(j) you are responsible and liable for any person that uses your Login ID and password to order Product(s) through the website;
(k) you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through our website;
(l) except for any applicable non-excludable consumer guarantees, rights or warranties under the Australian Consumer Law, AKESO gives no guarantees and makes no warranties as to the condition of the goods supplied to you;
(m) To the extent that a consumer guarantee applies under the Australian Consumer Law, the liability of AKESO for breaches of any consumer guarantees are limited, to the repair or replacement of the Product;
(n) in the event you notice any defect or fault of the Product which render the product non-compliant with the non-excludable guarantees under the Australian Consumer Law, you must contact AKESO within fourteen (14) days from the date the Product is confirmed to be delivered to you with sufficient details regarding the alleged defect or fault, including photographic evidence;
(o) You will not
(i) use the website or any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(ii) use the website in a manner or way, or post to or transmit to or via the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;
(iii) make fraudulent or speculative enquiries, purchases or requests through the website;
(iv) use another person’s details without their permission or impersonate another person when using the website;
(v) tamper with or hinder the operation of the website; or
(vi) make any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure
(p) AKESO will not be liable for any defect, fault or damage to the Product of any nature whatsoever:
(i) in respect of which notice was not provided in accordance with term 15, or
(ii) resulting from or caused or contributed to in any way by:
(A) you failing to properly maintain or store the Product after delivery;
(B) you using the Product for any purpose other than that for which the goods were designed;
(C) the shipping of the Product (including any loss, damage or theft which occurs after dispatch of the Product to You;
(D) you continuing to use the Product after any defect became apparent or ought to reasonably have become apparent;
(E) you failing to follow any instructions or guidelines provided by AKESO;
(F) fair wear and tear;
(G) any accident, intentional damage, negligent damage or Force Majeure.
(q) For the purposes of this term, “Force Majeure” means an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
(i) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(ii) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; and
(iii) epidemics, pandemics, national health emergencies, earthquakes, flood, fire or other physical natural disaster, including adverse weather conditions.
18. General Indemnity
(a) It is an essential term of these Terms and Conditions that you must indemnify AKESO, its related and associated entities, its officers and its employees for any loss or damage arising out of, whether directly or indirectly, your use of and access to this website and any contravention of these Terms and Conditions.
(b) The indemnity provided in term 17(a)is a continuing indemnity and continues notwithstanding your cessation of use of this website.
19. No Waiver
No term or condition of these Terms and Conditions has the effect of replacing, overriding, or otherwise removing, your statutory rights.
20. Amendments or Variations
AKESO may, from time to time, make changes to these Terms and Conditions, or to specific functions of this website. It is your responsibility to monitor these Terms and Conditions from time to time to ensure that you remain compliant with what is required from you when using this website or otherwise. Changes to these terms and conditions will be effective immediately upon publishing on this website.
21. Severability
If any term or condition of these Terms and Conditions are deemed invalid, void, or unenforceable for any reason whatsoever, that term or condition will be deemed severable and will not affect the overall validity and enforceability of the remainder of the Terms and Conditions.
22. Termination
AKESO reserves its right to terminate or suspend your access to the website and shall not be required to provide you with any reasons why it has suspended or terminated your access. However, generally, such suspension or termination will only occur if you are found to be in serious violation of any of these Terms and Conditions
23. Governing Law
(a) You irrevocably agree that by using this Website and subsequently, your acceptance of these Terms and Conditions, that these Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and Australia.
(b) You agree, to submit to the non-exclusive jurisdiction of the Courts of New South Wales and Australia.