1.1. The websites at www.bodyassist.com, www.thepick.com.au, www.back2play.com, www.bodyassist.com, www.dickwicks.com.au (our “Site”) are shopping website where you can browse, select and order goods or services that are advertised on our Site (“Products”) advertised on our Site from Bodyassist Health and Wellness Pty Ltd A.B.N. 68 633 681 339 (“BA”, “us” or “we”).
1.2. Please read these terms and conditions before accessing or using our Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using our Site.
2.1. The content on our Site is provided for general information purposes only. While we take steps to keep the information on our Site accurate and current, from time to time there may be inaccuracies, other errors, or variations between our online Products and instore products. To the maximum extent permitted by applicable laws, content published on or through our Site is provided in good faith on an "as is", “as available” and “where is” basis and BA 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.
2.2. Illustrations and photos contained on our Site are sample representation of the Products advertised, and variations may occur from time to time and from store to store.
2.3 While we endeavour to ensure the functionality of our Site, to the maximum extent permitted by applicable laws:
• we in no way guarantee uninterrupted access to our Site or the security of our Site;
• we do not guarantee the accuracy or completeness of the elements and / or information published on our Site; and
• we disclaim 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 our Site and the use of all or part of the elements or information contained on our Site.
Despite the above, nothing in these Terms and Conditions or on our Site, excludes, restricts or modifies 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 BA’s liability can be limited, our liability will be so limited (for further details please refer to section 14 (Warranty and Liability for Products and Services) of these Terms and Conditions).
3.1 Our Site may contain links to websites, plug-ins, applications and other recourses operated by third parties other than BA or our related bodies corporate (Third Party Sites). Third Party Sites are provided as a convenience to you. We do not control or endorse Third Party Sites. We recommend you read the terms and conditions and privacy policies imposed by any Third Party Sites.
4. Intellectual Property
4.1. Our Site and its contents is protected by certain intellectual property rights. We (or our licensors) retain all right, title and interest in and to our Site (including any copyrights and any trade marks that are displayed on our Site) and all related content. Nothing that you do on or in relation to our Site (or related content) will transfer any intellectual property rights to you or grant you any licence to exercise any intellectual property rights unless we have expressly authorised this in writing.
4.2. We own the copyright to the content that appears on our Site or it is licensed to us. You may view our Site and its content using your web browser and electronically copy and print hard copies of parts of our Site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of our Site is strictly prohibited.
4.3. Our Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on our Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on our Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
4.4. Subject to the applicable law, we can revoke, suspend or deny the permissions mentioned in this section 4 (Intellectual Property) of these Terms and Conditions at any time.
6.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through our Site.
6.3. If you choose to use a workplace email address for your account or to access our Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
7. Placing an Order for Products
7.1. You may order Products by selecting and submitting your order through our Site in accordance with these Terms and Conditions.
7.2. Any order placed through our Site for a Product 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.
7.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through our Site.
7.4. You agree to provide us with current, complete and accurate details when asked to do so by our Site.
7.5. All orders for a Product from our Site must be intended for personal non-commercial use only.
7.6. We may, from time to time, restrict the quantity of Products ordered through our Site by one (1) person, household or address during a particular time.
8. Acceptance or Rejection of an Order
8.1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. If we need to reject an order, we will use our reasonable efforts to let you know as soon as possible of the rejection and the reason for the rejection.
8.2. Each order placed for Products through our Site by you that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms and Conditions.
9. Cancelling an Order by Us
9.1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
9.1.1. the requested Products in that order are not available;
9.1.2. there is an error in the price or the product description posted on our Site in relation to the relevant Product in that order; or
9.1.3. that order has been placed in breach of these Terms and Conditions.
9.2. If we do have to cancel an order, then we will endeavour to provide you with reasonable notice of that cancellation. You will not be charged for an order that has been cancelled by us if:
9.2.1 we cancel it before the delivery date;
9.2.2. you are not at fault; or
9.2.3. you are not in breach of these Terms and Conditions.
10. Cancelling an Order by You
10.1. Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness), without any liability to us for that cancellation. But we are not legally required to cancel orders or provide refunds, returns or replacements of any Products if you simply change your mind.
10.2. If you do cancel an order in accordance with 11.1 above, then you must provide us notice (including reason) before the dispatch of an order.
10.3. You cannot cancel all or any part of an order after the order has been dispatched by us. In the case that you wish to return a Product after the order has been dispatched, you need to do so in accordance with our instructions (see section 15 (Returns) of these Terms and Conditions).
11. Delivery of Products
11.1. BA ships orders to domestic and international addresses.
11.2. Please allow at least ten (10) working days (domestic parcels) or thirty (30) working days (international parcels) for delivery from the receipt of your order and payment for your order for delivery of purchased Products. Delivery time is subject to stock availability, this period may be extended by up to 30/90 days by us and we will endeavour to provide you with reasonable notice of that extension.
11.3. A number of different delivery methods may be used depending on the type of order.
11.4. If the delivery is by courier, Products will not be delivered to an unattended address, unless the “without signature” condition is selected within the checkout procedure. If unchecked, the courier will require a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
12. Prices, Fees and Charges
12.1.1. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
188.8.131.52. the advertised purchase price of each Product that is ordered;
184.108.40.206. the delivery fee for delivering the Products to you; and
220.127.116.11. any other fees and charges set out in these Terms and Conditions.
12.1.2. All fees and charges identified in these terms and conditions and all prices for the Products as shown on our Site 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.
12.2.1. All prices shown on our Site are in Australian Dollars (AUD).
12.2.2. The prices of Products and delivery and other charges displayed on our Site are current at the time of issue, however, BA reserves the right to change prices at any time before we accept an order from you.
12.2.3. The purchase price of each Product is shown on the product list on our Site at the time you place your order. The purchase price of a Product on our Site may not be the same or correspond to the prices in any of our stores for the same Product.
12.2.4. You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through our Site at our store or vice versa.
12.3. Delivery Fees
12.3.1. Delivery fees are payable in addition to the purchase price of each Product and may vary depending on the delivery method.
12.3.2. You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
18.104.22.168. special, non-stock and/or bespoke items;
22.214.171.124. heavy, bulky and/or awkward items;
126.96.36.199. express or urgent deliveries; or
188.8.131.52. bulk or large quantity orders.
Where this is the case, we will notify you of these additional delivery fees before you make your purchase.
13. Your Obligations
You covenant and warrant that:
13.1. all information and data provided by you to us through our Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
13.2. the person receiving the Products at the delivery address is authorised by you to do so;
13.3. you have and will comply with all relevant laws relating to your use of our Site and your placement of any order to us;
13.4. you will ensure that your email address that you provided to us as part of the registration process to use our on Site and password that is used to access our Site and the details of your account is kept in a safe and secure manner;
13.5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your email address and password or account, or any other security breach relating to your account;
13.6. you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
13.7. you are responsible for any costs associated with your access to or use of our Site, including Internet access fees;
13.8. you are responsible and liable for any person that uses your email address and password to order Product(s) through our Site;
13.9. you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your email address and password through our Site;
13.10. you will check the labels on the Products before consumption or use and comply with any instructions on consumption or use provided; and
13.11. you will not:
13.11.1. use our Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
13.11.2. use our Site in a manner or way, or post to or transmit to or via our Site 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 our Site;
13.11.3. make fraudulent or speculative enquiries, purchases or requests through our Site;
13.11.4. use another person’s details without their permission or impersonate another person when using our Site;
13.11.5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
13.11.6. tamper with or hinder the operation of our Site;
13.11.7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to our Site;
13.11.8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of our Site;
13.11.9. modify, adapt, translate or reverse engineer any portion of our Site;
13.11.10. remove any copyright, trade mark or other proprietary rights notices contained in or on our Site;
13.11.11. reformat or frame any portion of the web pages that are part of our Site; 13.11.12. create accounts by automated means or under false or fraudulent pretences;
13.11.13. use our Site to violate the security of any computer or other network or engage in illegal conduct;
13.11.14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
13.11.15. use our Site other than in accordance with these terms and conditions; or
13.11.16. attempt any of the above acts or engage or permit another person to do any of the above acts.
14. Warranty and Liability for Products and Services
14.1. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This includes the Australian Consumer Law which contains guarantees that protect purchases of goods and services in certain circumstances. If any guarantee, term condition or warranty is implied or imposed in relation to these Terms and Conditions (a Non-Excludable Provision) and BA is able to limit your remedy for a breach of such a Non-Excludable Provision then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option: 14.1.1. in the case of services, resupply of the services or payment to you of the cost of resupply; and
14.1.2. in the case of goods, replace the goods, supply equivalent goods, repair the goods, payment to you for the cost of replacing the goods (or of acquiring equivalent goods), or payment to you for the cost of having the goods repaired.
14.2. Where we are permitted by law (and subject to section 14.1):
14.2.1. We do not warrant or represent the suitability of our Site or a Product for any purpose; and
14.2.2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to our Site or the Product.
14.3. To the extent permitted by applicable laws, our liability to you for loss or damage of any kind arising out of these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
15.1 We are not required to provide a refund or replacement if you change your mind.
15.2 This includes found cheaper elsewhere, did not like the product after purchase, had no use for the product. But you may be provided with a refund or exchange if an item has a major problem.
15.3 This is only when the item: has a manufacturing problem that is stopping someone from using it as intended, is unsafe or is significantly different from the sample or description.
15.4 If the problem is not major, we may attempt to repair the item within a reasonable time.
15.5 Please note the following range of products cannot be returned due to strict hygiene laws: (This includes all products in skin contact): Foot health products, above neck products (facial, dental), groin/thigh products, cushions, sleeves, gloves, braces.
15.6 If you feel you are entitled to a return or exchange, please email email@example.com with the following information: name, date & place of purchase, product & description of issue and photographic evidence of issue.
15.6.1 Your case will be assessed by our returns team and you will be notified of the next steps. Please keep your proof of purchase – e.g. your receipt.
15.6.2 Clearance/Outlet/Coloured Sticker items are not eligible for return or exchange.
16. Termination and/or Suspension of Account
16.1. You may stop using our Site at any time and for any reason.
16.2. We may terminate this agreement for convenience at any time on notice to you.
16.3, Without qualifying the foregoing in 16.2., we may immediately suspend, terminate or limit your access to and use of our Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these Terms and Conditions and;
16.3.1. the breach cannot be remedied;
16.3.2. you fail to the remedy the breach immediately of our notice to you of that breach; or
16.3.3. if there is an emergency.
16.4. We may stop making our Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these Terms and Conditions.
17. General Provisions
17.1. If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal it is severed and the remainder of these Terms and Conditions has full force and effect.
17.2. These Terms and Conditions (and your use of Our Site) is governed by the laws of Victoria, Australia. Any dispute arising from your use of our Site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
18. Changes to these Terms and Conditions
18.1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
18.2. Subject to section 18.1, we may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted to our Site. By continuing to use our Site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions. We encourage you to periodically review these Terms and Conditions so you remain informed about the terms that govern the use of our Site.
19. Medical Disclaimer
19.1 Always seek the guidance of your doctor or other qualified health professionals with medical questions regarding your health or condition.
19.2 We are not, nor believe we are doctors/physicians, nurses or any medical professional providers. As such, we do not accept any liability for any injury, loss or damage caused by the use of information/advice/product provided to you by our staff.
19.3 We do not provide any medical advice nor injury assessment and thus concluding on therapeutic remedies. We will only provide the theory behind our products and discuss what they’re intended use is for. We will not advise products to repair, manage or rehabilitate injuries.
19.4 We are not responsible for any misuse of products. If pain is caused during product use, do not continue to use the product and contact your doctor or health professional immediately.
19.5 All of our products have no guarantees to prevent or subside injuries during use.
Our products equally are not guaranteed to provide relief.
20. Product Material Warning
20.1 Do not apply braces and supports over open wounds.
20.2 Some products contain (but are not limited to): Rubber, Nylon, Polyester, Silicone and Latex. Such materials may cause a reaction if allergies exist.
20.3 If a rash appears (or any sign of allergic reaction) stop use of product immediately and seek your doctor or health professional’s advice. Please read the package contents carefully before applying any product.
These Terms and Conditions are current at October 2022.