Terms & conditions

Welcome to the Mind Gut Co. website, which is provided by Mind Gut Co. Pty Ltd ACN 676 816 863 (Mind Gut Co., we, us or our).

  1. OUR TERMS

These terms and conditions (Terms), and the terms and conditions of our privacy policy located here (Privacy Policy) which are hereby incorporated by reference into these Terms, apply:

  1. to your use of our website located at www.mindgutco.com (Website);
  2. to your use of our e-commerce platform (hosted by Shopify) (Shopify Platform);
  3. to your use of our social media channels (Social Media); and
  4. when you purchase Mind Gut Co. products (Products) via any website (including our Website), our Shopify Platform, our Social Media or through a store, naturopath office or health clinic.

By using this Website, using our Shopify Platform, using our Social Media and/or purchasing Products from us, you accept and agree to abide by all of the terms and conditions in these Terms.

It is important that you read and understand these Terms, including the terms of our Privacy Policy.

If you do not agree to these Terms, including the terms of our Privacy Policy, please do not use this Website, our Shopify Platform or our Social Media or purchase any of our Products.

  1. CUSTOMER TO OBTAIN HEALTH ADVICE

Mind Gut Co. is dedicated to assisting persons with their health and wellbeing.

While our Products will provide benefits for many, it is essential to recognise that our Products may not meet all needs. Therefore, careful consideration should be given to assess your own situation and requirements to determine whether this Website and the Products we provide are suitable for your needs.

This Website, our Shopify Platform and our Social Media do not provide personalised medical advice, nor do they purport to do so. The content, suggestions and recommendations on this Website, our Shopify Platform, our Social Media and our Products are for general information purposes only and are not a substitute for personalised professional medical advice. You should always seek specialist advice from a medical professional before making any decisions about your health (including about the treatment and management of any condition). 

Any reliance by you on the content, suggestions and recommendations on this Website, our Shopify Platform and our Social Media is at your own risk and you take full responsibility for making an informed decision to use our Products. 

Always read the label and use only as directed.

  1. OUR PRODUCTS

Our Products are registered as a non-prescriptive listed medicine on the Australian Register of Therapeutic Goods.  We comply with all mandatory requirements and standards imposed by the Therapeutic Goods Administration.

Actual product packaging and materials may contain additional and different information than what is shown on this Website, our Shopify Platform and/or our Social Media. You agree to always read labels, warnings and directions provided with our Products before using them.

You should additionally always check the ingredients for Products to avoid potential allergic reactions. The ingredients for Products may change slightly from time to time, and it is your responsibility to ensure that you check the packaging on all Products you receive for the most up to date ingredient list.

By accessing our Website, Shopify Platform or Social Media and/or purchasing our Products, you warrant and represent that:

  1. you have full authority, right, and capacity to enter into any agreements with us;
  2. you accept and agree to abide by all of the terms and conditions in these Terms;
  3. all registration information that you submit to us (including your delivery details and delivery address) is accurate, complete, and current;
  4. you have the legal right to use any credit card(s) or other payment method(s) used to purchase our Products, and the card gives access to sufficient funds corresponding with the amount of the order;
  5. you will use the Products for your own personal use and in accordance with the labels, warnings and directions provided with our Products; and
  6. you will not resell the Products, or otherwise use or dispose of the Products for commercial gain. 

This Website, our Shopify Platform and our Social Media are only intended for use by customers in Australia and New Zealand. If you are not located in Australia or New Zealand, please do not use this Website, our Shopify Platform or our Social Media or purchase any of our Products.

The Products available, and the prices payable for those Products, at any point in time are as listed on our Website, our Shopify Platform and/or our Social Media. We reserve the right to amend the prices payable for our Products at any time without advance notice, with any such changes to be effective immediately upon posting to our Website, our Shopify Platform and/or our Social Media. However, the prices for Products will not change in respect of any orders that have already been processed.

We further reserve the right to refuse, modify or discontinue sales of our Products to any person, geographic region or jurisdiction, and you agree that we may do so without prior notice to you and without liability to you or anyone else. We may exercise this right on a casebycase basis.

We reserve the right to limit the quantities of Products and to discontinue any Product at any time, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

Any offer for any Product made on this Website, our Shopify Platform and/or our Social Media is void if prohibited by local law.

  1. YOUR USE

This Website, our Shopify Platform and our Social Media are for your personal, non-commercial use, unless otherwise expressly approved by us in advance in writing.

You are free to simply browse our Website, our Shopify Platform and our Social Media to learn more about us, what we do and the Products we offer.

You must not:

  1. post or transmit anything to this Website, our Shopify Platform or our Social Media that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
  2. restrict or stop other users from using or enjoying this Website, our Shopify Platform or our Social Media;
  3. use, modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this Website, our Shopify Platform or our Social Media;
  4. violate or attempt to violate the security of this Website, our Shopify Platform or our Social Media; or
  5. transfer or sell any information, functionality or products or services offered on this Website, our Shopify Platform or our Social Media (including the Products), nor represent that you are entitled to do so.

If we believe that you have not complied with these Terms at any time, we may immediately restrict your access to this Website, our Shopify Platform and/or our Social Media, and you agree that we may do so without prior notice to you and without liability to you or anyone else. 

  1. YOUR PERSONAL INFORMATION

Any personal information you provide to us when using this Website, our Shopify Platform or our Social Media and/or purchasing our Products will be collected, used and stored by us in accordance with the terms and conditions of our Privacy Policy.

  1. OUR CONTENT

Everything on this Website, our Shopify Platform, our Social Media and the Products (including all associated intellectual property) is either owned by, or licensed to, us.  This includes the design, compilation and look and feel of this Website, our Shopify Platform, our Social Media and the Products, and all copyright, trademarks, designs and other intellectual property on this Website, our Shopify Platform, our Social Media and the Products.  We also own the trade marks, logos and trade names displayed on this Website, our Shopify Platform, our Social Media and the Products (unless otherwise stated).

You must not copy, reproduce, adapt, transmit, distribute or use any of our content or associated intellectual property in any way without our express advance written permission.

You may provide us directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to our Website, our Shopify Platform, our Social Media and/or Products (Feedback). You acknowledge and agree that:

  1. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
  2. we may have development ideas similar to the Feedback;
  3. Feedback does not contain confidential information or proprietary information from you or any third party; and
  4. we are not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership in or to the Feedback is not effective, you hereby grant Mind Gut Co. and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.

  1. ORDERING AND DELIVERY

We endeavour to dispatch orders within two business days after placement of the order. However, this is an estimate only and there may at times be a delay in dispatching your order, for example during peak times or in the event unforeseen or unavoidable circumstances outside of our reasonable control arise.

We engage third party carriers to deliver your Products to you. We make no guarantees as to the expected delivery times for your Products post-dispatch or with respect to the delivery services of such carriers.

We will deliver the Product to the delivery address specified in your order. You are solely responsible for ensuring that you have included the correct shipping details and address when placing orders for Products.  If you opt in to contactless delivery (if available), this authorises the delivery driver to leave your parcel in a safe location at the delivery address. Title to and risk in the Products will pass to you upon delivery of the Product to your specified delivery address (including by contactless delivery if applicable).

  1. RETURNS POLICY

Orders for Products cannot be changed (including, without limitation, changes to your shipping address) or cancelled once the order has been processed.

Unfortunately, due to health regulations, we cannot accept the return of any of our Products (nor provide a refund) simply because you have changed your mind. Please choose carefully and ensure that any Product you select is right for you, based on the advice received from your healthcare provider or general practitioner.

However, our Products do come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010) (ACL), including guarantees that the Products will be of acceptable quality.

If you receive Products from us that do not comply with the ACL, you must provide us with proof of purchase (i.e. a receipt) and return the Product to us for inspection via post at PO Box 6117, Hawthorn West 3122 VIC (at your cost) (Disputed Product).

Upon inspection, if we consider that the Disputed Product has a major failure under the ACL, we will provide you with a replacement or refund for that Product (at your election) and any compensation to which you are entitled under the ACL for any other reasonably foreseeable loss or damage.

Upon inspection, if we consider that the Disputed Product provided to you has a minor failure, we will provide you with a replacement or refund for those Products (at our election).

To the extent permitted by law, Mind Gut Co. reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect by you.

  1. OUR LIABILITY TO YOU

To the maximum extent permitted by law:

  1. all warranties, representations, conditions, rights, remedies, liabilities and other terms implied by law are excluded from these Terms;
  2. this Website, our Shopify Platform and our Social Media are provided on an "as is" basis;
  3. Mind Gut Co. does not promise this Website, our Shopify Platform and our Social Media (or your access to them) will be uninterrupted or errorfree, that any defects will be corrected, or that this Website, our Shopify Platform and/or our Social Media are free of viruses or any other harmful components;
  4. Mind Gut Co. makes no warranties, representations or guarantees of any kind, either express or implied, in connection with the quality, reliability, suitability, availability, accuracy, correctness, completeness, impact or performance of this Website, our Shopify Platform and our Social Media, on any content, suggestions and recommendations provided on this Website, our Shopify Platform and our Social Media, or the Products;
  5. Mind Gut Co. makes no warranties, representations or guarantees of any kind, either express or implied, in connection with the expected delivery times for your Products or with respect to the delivery services of third party carriers engaged by Mind Gut Co. to deliver your Products;
  6. Mind Gut Co. is not liable for any loss, cost, damage or claim suffered, incurred or accrued by you or any other person (including, without limitation, any indirect or consequential loss) arising in connection with, or as a result of, the use of this Website, our Shopify Platform or our Social Media, reliance on any content, suggestions and recommendations provided on this Website, our Shopify Platform or our Social Media, delivery or non-delivery of our Products by third party carriers, use of our Products or the unavailability of any of our Products; and
  7. where liability is unable to be excluded by law, Mind Gut Co’s maximum aggregate liability to you for all losses, costs, damages and claims suffered, incurred or accrued by you arising in connection with, or as a result of, the use of this Website, our Shopify Platform or our Social Media, reliance on any content, suggestions and recommendations provided on this Website, our Shopify Platform or our Social Media, use of our Products or the unavailability of any of our Products, is limited to the amount paid by you for the Products to which the loss, cost, damage or claim relates.

Mind Gut Co. has made every effort to display its Products and other information on this Website, our Shopify Platform and our Social Media as accurately as possible. But things change from time to time, and so we may need to correct statements and representations made on this Website, our Shopify Platform, our Social Media and our Products.  Additionally, information about our Products appearing on any website (including this Website), on our Shopify Platform, on our Social Media or in any store, naturopath office or health clinic may contain minor technical inaccuracies or typographical errors or omissions. To the maximum extent permitted by law, Mind Gut Co. is not responsible for any such typographical, technical, or pricing errors or omissions.

  1. CHANGES

We may from time to time make changes to these Terms, and it’s your responsibility to ensure that you check these Terms each time you visit our Website, access our Shopify Platform, access our Social Media or purchase our Products.  Your continued use of this Website, continued use of our Shopify Platform, continued use of our Social Media or continued decision to purchase additional Products means that you have accepted any changes we have made to these Terms. 

Any prices shown on this Website, our Shopify Platform and our Social Media are in Australian dollars (inclusive of GST). 

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website, our Shopify Platform or our Social Media is incorrect or inaccurate at any time without prior notice (including after you have submitted your order).

We further reserve the right to cancel orders if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or illegally, or are otherwise in breach of these Terms.

  1. GENERAL

Access: This Website, our Shopify Platform and our Social Media will usually be available 24 hours a day, seven days a week.  However, sometimes this Website, our Shopify Platform or our Social Media will be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and will try to keep interruptions to a minimum.

Cookies: This Website, our Shopify Platform and our Social Media uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our Website, our Shopify Platform and our Social Media.  If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our Website, our Shopify Platform and our Social Media.

Links to other sites: This Website, our Shopify Platform and our Social Media may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that we endorse the products or services that are provided by that website.  When accessing third party sites and using those products and services, you agree and undertake to do so at your own risk.

Severability: If any term of these Terms is void, unenforceable or illegal, that term is severed. The remainder of these Terms has full force and effect.

Governing law: These Terms are governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and any courts which may hear appeals from those courts.

Contact us: If you have any questions or complaints, please contact us at:

Mail: PO Box 6117, Hawthorn West 3122 VIC

Website: https://www.mindgutco.com/pages/contact

Email: hello@mindgutco.com

Phone: +61 431 857 979

 

Last updated: 17th May, 2024