Terms and Conditions

Terms and Conditions - Terms of Service

This website is operated by Relax and Recover. Throughout the site, the terms “we”, “us” and “our” refer to Relax and Recover. Relax and Recover offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing something from Relax and Recover, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by a hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are customers, merchants, browsers, vendors, and/ or contributors of content.

Please read our Terms of Service carefully and thoroughly before accessing or using the Relax and Recover website. By accessing or using any part of the website, you agree to be bound by our Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If our Terms of Service are considered an offer, acceptance is expressly limited to our Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of our Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

CLAUSE 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Our Terms of Service was created in conjunction with our associates from Kemp Law Pty Ltd to ensure all information is politically correct.

 

CLAUSE 2 - INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, Relax and Recover and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

 

CLAUSE 3 – RESTRICTIONS

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • to solicit others to perform or participate in any unlawful acts;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • to use false or misleading information;
  • using this Website to engage in any advertising or marketing.,

Certain areas of this Website are restricted from being access by you and Relax and Recover may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

 

CLAUSE 4 - ONLINE SHOP TERMS

By agreeing to these Terms of Service, you denote that you are at least the age 18 years or older and you have given Relax and Recover your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).

You must not transmit any viruses or any code of a destructive nature that will impact our website.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

CLAUSE 5 - ALTERATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to amend or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any price changes, alteration, suspension or discontinuance of the Service.  If you have engaged a Service that is discontinued, you will receive a store credit for the value of your product or service.

 

​CLAUSE 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's  or mobile phone display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic location or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Relax and Recover. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is invalid where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

CLAUSE 7 – COPYRIGHT AND TRADEMARK NOTICE

The content of this website is protected by Australian copyright and Australian Government Trademark and owned by Relax and Recover. Relax and Recover is an official registered Trademark company with the Australian Government since 2018.

Use of this website means acceptance of all Terms of Service, Privacy Policies, Security & Privacy Statement, Legal & Copyright Notice, & Prices, subject to change without notice.

Specific to this website: ® 2018 by Relax and Recover. All Rights Reserved.

All terms, statements, policies and practices inclusive and applicable to all websites owned by Relax and Recover, including, but not limited to, domain names, content, branding, intellectual property, business identity, personal identity, text, images, site access statistics, names, logos, of any owned or associated, including, but not limited to, all other domains, copyright, and/or trademark property of Relax and Recover owner associates.

Microsoft® Windows® , Excel® , and PowerPoint® are registered trademarks of Microsoft® Corporation. Adobe® PDF is a registered trademark of Adobe Systems Incorporated.

All Shopify product content, including but not limited to profiles, facilitator kits, videos, software, and online products is copyrighted material. Without express written permission from Shopify you must never copy, modify, reproduce, translate, or tailor products, or create new products or derivative works using the products in any written, visual, or audio form, or by any means whether electronic or mechanical.

Any such activity constitutes an infringement of Shopify's copyrights, trademarks, or proprietary rights and may result in legal action and financial penalties. This also applies to any content owned and registered by Relax and Recover.

All requests for permission must be made in writing, in advance of intended use. All requests will be reviewed. Licensing and/or Permissions Agreements will be negotiated and determined. All agreements must be signed by the individual or organisational representative requesting use of copyrighted material and by an authorised officer.

 

CLAUSE 8 - ACCURACY OF BILLING

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to advise you by contacting the e-mail and/or billing address/phone number provided. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

CLAUSE 9 - CORRECTNESS, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this website is provided for general information only and should not be trusted or used as the sole basis for making decisions without consulting correct, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. We are not responsible if information made available on this website is not accurate, complete or up-to-date. You agree that it is your responsibility to monitor changes to our website.

This site may contain certain historical information. Historical information, essentially, is not current and is provided for your reference only. We reserve the right to adjust the contents of this website at any time, but we are under no obligation to update any information on our website.

 

CLAUSE 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of elective tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

CLAUSE 11 - ACCOUNT INFORMATION

You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made at our store through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review and read our Refunds Policy.

 

CLAUSE 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made relating to any third-party websites. Please review carefully and thoroughly the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not Relax and Recover.

Third-party links on this website may direct you to third-party websites that are not affiliated with Relax and Recover. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

CLAUSE 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competitions through our social media platforms) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use an incorrect or fake e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

CLAUSE 14 - ERRORS AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

CLAUSE 15 - NO WARRANTIES;

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.

 

CLAUSE 16 - LIMITATION OF LIABILITY

In no event shall Relax and Recover, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Relax and Recover, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

In no event shall Relax and Recover be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

CLAUSE 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Relax and Recover and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree that Relax and Recover are not responsible for providing any medical information to you.  Information of a medical nature that may be discussed with Relax and Recover employees is based on their personal experience and should not be taken separate from that of a qualified medical practioner or surgeon.

CLAUSE 18 – SEVERABILITY

 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

CLAUSE 19 - ASSIGNMENT

 Relax and Recover is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

CLAUSE 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CLAUSE 21 - ENTIRE AGREEMENT

The failure of Relax and Recover to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CLAUSE 22 - GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of the State of Queensland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.

CLAUSE 23 -  VARIATION OF TERMS OF SERVICE

Relax and Recover is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CLAUSE 24 - CONTACT INFORMATION

Queries about our Terms of Service should be sent to us at info@relaxandrecover.com.au. All contact information can be found on our Website.