Terms & Conditions
Welcome to warrenmaginn.com
This site is owned and operated by Warren Maginn, with the support of representative associates (collectively referred to here as ‘WM’ or ‘we’).
These Terms & Conditions (referred to here as the ‘Terms’ or ‘Agreement’) apply to the entire content of the website located at warrenmaginn.com (referred to here as the ‘Website’ or ‘Site’), any products or services provided to you by WM through your use of the Site (referred to here as the ‘Services’), or any correspondence undertaken between you and WM, and constitute the entire agreement between you and WM and govern your use of the Site.
Please read these Terms carefully before using the Site and it’s associated Services, as they form a legally binding contract between you and WM.
By accessing any part of the Website or engaging with it’s associated features and Services, you will be deemed to have accepted these Terms in full, whether you are a ‘Visitor’ (which means that you simply browse the Website) or you are a ‘Member’ (which means that you have registered for an account or service with the Website, providing personal details in the process), which shall take effect immediately on your first use of the Site or Service.
If you do not accept these Terms in full, you should immediately cease to use the Site or its Services.
Note: You may not use this Site, nor accept this Agreement, if you are not of a legal age to form a binding contract with WM.
By accepting these Terms, you represent that you have the capacity to be bound by them.
Amendments & Alterations
- WM reserves the right to make any amendments, modifications, enhancements or changes to this Website and its Services from time to time, without notice.
- WM may subsequently revise these Terms at any time by updating this page. Please check the Website from time to time to review the most current Terms, because they are legally binding on you.
- You may view the most current version of these terms through the link that appears at the bottom of the pages on this Website.
- By continuing to use the Site after changes have been made to these Terms, you will be deemed to agree to the changes.
- This website is designed for general educational and informational purposes only and should not be construed as providing medical advice nor the rendering of professional clinical services, unless specifically declared and undertaken through direct personal communication.
- The information provided on this website is not intended to serve as a substitute for professional health care and should therefore not be used for diagnosing or treating a health problem or disease without direct consultation with a qualified healthcare professional.
- This website is designed to support, stimulate and enhance – not replace – the relationship you have with your chosen healthcare provider.
- If you have, or suspect you may have, a health problem, you should consult your chosen healthcare provider for advice related to your specific situation.
- By accessing, acquiring or adhering to any information, products or services provided by WM through the Site (such as guides) you warrant that you have made, through your own judgement or that of your chosen health professional, adequate assessment to confirm that you are in sufficient health and capacity to participate in the utilisation of the information and services provided therein, and understand the risks associated with adopting any changes to your diet or lifestyle accordingly.
- You expressly agree that your use of the Site and it’s Services are at your sole risk.
- Always seek the advice of your a qualified healthcare provider with any questions you may have regarding a medical condition, before undertaking any diet, exercise or other health regimen.
- Never cease, alter, delay or disregard any personalised professional medical advice as a result of accessing any information provided on this website, without first consulting or advising your chosen healthcare practitioner.
- You may approach WM to request private consultation if desired, appropriate and feasible.
- Whilst WM endeavours to ensure that the information provided through this Website is correct, WM does not warrant or guarantee that the information on this website is always complete, up to date and/or accurate.
- Some of the original content, information and material you will be able to access through the Site and its associated services, includes or has been created with reference to, information produced by third parties (such as study authors) who’s accuracy WM cannot guarantee or vouch for.
Third Party Sites Disclaimer
- This Website may include links to third-party websites or resources.
- These other sites are not under the control of WM. You acknowledge and agree that WM is not responsible or liable for the availability, accuracy, legality, decency or any other aspect of the content of such sites.
- The inclusion of such links are provided solely as a convenience to you and does not constitute an endorsement by, or imply an affiliation with, WM.
- It is the responsibility of the user to make their own decisions about the relevance, accuracy, currency, reliability and correctness of information contained in any linked external websites.
Clinical Products Disclaimer
- Please note that WM goes to extensive lengths to research, locate and source the most appropriate, ethical and effective products for use within the context of private consultations and the support of your individual ongoing care, treatment and achievement of health goals.
- If however you are based in Australia and would like to source your own therapeutic products (e.g. nutritional supplements) from alternate local or international sources, you are aware of your right to do so (for personal use) under the provisions of the Therapeutic Goods Act 1989.
- However, in such situations, you agree to indemnify WM if you choose to source any product or supplement other than those specifically supplied by WM for supporting or carrying out any part of your ongoing care with WM.
- You agree to fully indemnify, and inform, WM of any product/s or services sourced from sources alternate to those provided by WM, that you acquire for the purposes of fulfilling any personal recommendations made to you by WM in the course of private consultation.
Non Liability Disclaimer
- WM (including any associates, employees, or agents of), are excluded from all liability and responsibility for any amount or form of loss or damage that may result, to you or a third party in any way (including without limitation, any direct, indirect or consequential loss or damages, or loss of income, profits, goodwill, data, access to value, etc.) in connection with the use or inability to use, any information, products or services provided or referred to through this Website, (including but not limited to any loss or damage to computer equipment, software, data or other property, arising from doing so).
- WM does not warrant or guarantee that the information provided on this Website will not be offensive to any user, nor meet all users needs and requirements.
- You shall defend, indemnify and hold harmless WM and its agents and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of these Terms by you.
Copyright & Restrictions on Use
- All copyright, and other intellectual property rights, applicable to any and all original information, designs and materials displayed on, or delivered through this Website (including, without limitation, photographs, videos and graphical images) are owned by WM or it’s licensors.
- The entire contents, design and associated communication of this Website are protected under Australian and international copyright laws.
- Any willful infringements of copyright will be pursued to the full extent of the law.
- You are responsible for all content you submit to the Site.
- You also hereby grant each Site user a non-exclusive license to access your publically posted content submitted through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site and under these Terms.
- By submitting personal information, data, usernames, other log-in information, materials and other content to WM through the Site, you are licensing that content to WM solely for the purpose of providing the Services described. WM may use and store the content, but only to provide the described Services to you. By submitting this content to WM, you represent that you are entitled to submit it to WM for use for this purpose, without any obligation by WM to pay any fees or other limitations.
- No part of the Website or Services may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without WM’s prior written permission.
- Any rights not expressly granted in these Terms are reserved.
- This means that you must not sell the Site’s information, nor rewrite or modify it, redistribute it, use it on your own website, or use it for any other purpose than what is granted in these Terms, without WM’s prior written permission.
- WM permits individuals and organisations to provide a simple link from their site to this Site. However, you must first acquire permission from WM if you intend to incorporate any pieces of the Site into a different site or product in a way that could confuse users as to the origin of this content (including ‘hot linking’ of any elements).
To request any additional permissions, please contact WM [here]
- WM grants you a limited license to make use of the Site for personal use only.
- The use of any content or materials found on the Site, for any purpose not expressly permitted in these Terms, is prohibited.
- You may view this website online, or print copies of pages for private viewing offline by yourself or with your family. However, you must not remove any copyright notices from these materials, nor capture or distribute these materials in any other way, or for any other purpose.
- This site may be used for the purposes of exchanging information between yourself, WM and potentially third-parties (such as through public commentary submitted to the Site).
- Any information you contribute to the Site for public view is subject to the conditions of ‘Acceptable Conduct’ outlined in these Terms.
- WM reserves the right to refuse service to anyone, notwithstanding all applicable state and federal laws.
You are permitted to access the Website and its Services (for your own personal use) on the following bases:
(a) You may visit and use all non-exclusive features and content of the Site, according to the Terms and conditions laid out here.
Premium Subscription or Purchase Holder
(b) In addition to (a), if you have provided your full legal name, a valid email address, and any other information requested in order to complete the purchase/sign-up process; and
(c) You have paid in full for any charges applicable to your access;
You will be delivered, or able to access, certain additional information, resources or services through the Site.
Health Practitioner Subscription Holder
If you have complied with the same requirements as (a), (b) and (c) above; and
(d) You also fulfill the requirements for Qualified Health Practitioner status (see below).
You will be delivered, or able to access, certain additional ‘Practitioner-Only’ designated information, resources or services through the Site.
Requirements for Qualified Healthcare Practitioner (QHP) Status:
- WM distributes a range of information, products and technical resources classified as ‘Practitioner-Only’, which include a highly specific level of detail and reference to clinical applications.
- The Therapeutic Goods Act 1989 and associated industry regulations determine which persons are eligible to access products and technical resources in this category.
- WM therefore limits the ability to access these ‘Practitioner-Only’ products and services to a range of qualified healthcare practitioners (QHPs). The health practitioners allowed to access this exclusive service is at the sole discretion of WM, and may change at any time.
- All necessary details requested on the Practitioner Account Signup Form (e.g. qualifications and association membership details, etc.) will need to be provided in order to be granted access to this content.
- Please note that Practitioner Account applicants/holders may be asked to provide documentation to evidence their status as a QHP. Any membership accounts found to be fraudulent or insufficient to maintain eligibility for status as a QHP may be subject to account/access suspension or termination in accordance with these Terms.
- WM accepts no liability for damages or breaches of rights associated directly or indirectly with the actions of a Practitioner Membership holder, acting within their own capacity as a health practitioner, whether fraudulently or qualified.
- As a guide, satisfactory QHP qualifications generally require a Health Science Degree that includes clinical training for healthcare practice (including the use of ‘ingestive’ substances and/or laboratory pathology testing in a clinical setting).
- International Health Practitioners (living outside of Australia) may also submit their particulars for QHP account access approval.
Your Registration Information
- Each user account is for use by a single individual user only. WM does not permit you to share your user name and password with any other person nor with multiple users on a network.
- You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. Your nominated email address and password, together with any mobile number or other contact information you provide form your ‘Registration Information’.
- You must provide true, accurate, current and complete information for the delivery of the Services to function effectively.
- You may not misrepresent your Registration Information or any other information requested in the provision of the Services.
- It is your responsibility to update or change your personal Registration Information as and when appropriate.
- By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address.
- Notices will be provided by email in HTML (or, if your system does not support HTML, in plain-text) format (including links and reference to any further external information or resources).
- If you become aware of any unauthorised use of your Registration Information, you agree to notify WM immediately via the Contact form on the Site.
- Please note that the use of your login details by multiple parties can be detected (as a protection to both you and the security of the Website). This may however result in suspension or cancellation of your services as a result.
- Accounts without any activity after 12 months may be deactivated/cancelled.
- When you purchase a paid membership subscription/account access package, you are purchasing access to that package and its associated content and benefits for the period of time specified on the account registration signup page, in advance.
- Example access period durations (that may be available for selection to purchase) include 7 days, a month (30 days), a year (365 days), from the date of purchase.
During this period, if your account is fully paid, and no breaches to these Terms has occurred, all benefits associated with that package/account will remain available to you.
- However note that some benefits are subject to limited availability, and are offered on a ‘first come first served’ basis, or a selection process determined by WM according to appropriate conditions and criteria within the circumstances. These non-guaranteed elements of any benefits are highlighted as such on the package/account benefits page for each access package.
- The list of benefits applicable to each access package can be found on their associated registration pages, and may be updated and developed by WM at any time, so please refer back to these pages to verify what is applicable to your package if subscribed.
- For paid access packages that are specified as ‘ongoing’ on their access registration form, you agree to automatic renewal of the access package at the designated time periods/intervals specified for that package on the registration form.
- If an ongoing/recurring (automatic) payment for a period of access ceases, fails, comes to an end or becomes overdue, access may be suspended or cancelled.
Upgrading and Downgrading Subscriptions
- If you upgrade your account from one access subscription to another, your new access subscription will commence immediately (once any payments due for the first billing period of the new access are paid in full).
- Your prior membership access level will remain valid for the duration of the period it was established for (which for certain free accounts may be indefinite), which means that you may have multiple access levels associated with your account at one time (if you meet all eligibility requirements and maintain all required subscription fees).
- Please note that if you downgrade your Service then you may lose content, features or capacity. WM accepts no liability for losses arising from such loss of access.
Upgrading Between Paid Access Packages
- If you already hold a paid subscription package and would like to upgrade to a different paid subscription package in its place, please first ‘unsubscribe’ from your current ongoing payment (via the Profile/Membership-details section of your account), and then purchase the new subscription package, to alter/elevate your overall level of paid access.
Transfer of Rights
- You may not transfer, assign, charge for or otherwise dispose of these Terms or any of your rights or obligations arising from them, without the prior written consent of WM.
- WM may transfer, assign, charge for, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising from them, at any time.
- This Agreement will continue to apply until terminated by either you or WM, as set out below.
- WM may terminate this Agreement (and all rights granted to you under these Terms) immediately and for any reason.
- If this reason is due to your breach of any of these Terms, you may not be entitled to any refund or credit in respect of any fee paid by you in advance for any cancelled access or Service; and WM may immediately, and without further notice, delete or remove any content, data or other contributions you have made through the Site.
Terminating Paid Access Subscriptions
- You have the right to cancel your paid access subscriptions at any time (via a request made directly to WM through the Contact page of the Site or direct email – or by activating any ‘unsubscribe’ features in your membership account (only available for paid access accounts) or directly through your personal access to your payment system (e.g. PayPal).
- If you unsubscribe (by clicking ‘unsubscribe’ on your membership-details/profile page) to a paid access package during an access period you have already paid for, your access will remain available to you for the duration of that period purchased, upon which that account access package will become inactive and you will not be charged for renewal until you reinstate the access by submitting a new registration/purchase upgrade request from that (or a new) membership account.
- Note: you will not receive a refund for any time remaining on the current package as your access will remain for that billing period. Likewise you will not automatically be eligible for a credit on any new access packages you subsequently purchase access to during this remaining period, if certain access privileges and benefits overlap.
- Please note: You may lose access to a purchased subscription or item, without refund, if you are found to be in breach of the terms of Acceptable Conduct laid out in this agreement.
Service Access & Technical Failure
- Whilst WM endeavours to ensure that the Website and its Services are normally available 24 hours a day, WM shall not be liable if for any reason the Website or Service is made unavailable at any time or for any period.
- Access to the Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond WM’s control.
- Since WM cannot foresee or anticipate all technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions, WM cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
- WM greatly respects your personal privacy, and is dedicated to keeping your personal information private.
- You can access this website without disclosing your personal data.
- To access Premium Content, or engage in the use of certain exclusive services, you will need to become a registered member. In this case only the personal information that you volunteer will be collected.
- WM will only use your personal information for the purpose for which it was collected and any directly related purpose.
- WM may use this information to identify your account, its status, any orders placed, and provide you with any periodic notices.
- All privately stored personal information can be accessed (and updated) on your ‘Profile’ page, through your secure account login.
- WM will not disclose your personal contact, medical or financial information to any third-party without your consent, (unless otherwise required to do so by law).
Clinical Patient Information
- You may be required to provide your full medical history and extensive personal information in the course of procuring WM’s private consultation services.
- This information is collected for the purposes of ensuring you are able to receive the highest quality of care and most proactive healthcare services from WM.
- The information you provide in this context will be used in the following ways:
- For day-to-day administrative purposes. (Such as to identify you and your arrangements with WM).
- Billing purposes and the management of your account.
- Disclosure to other professionals involved in your healthcare, including doctors, specialist and other healthcare practitioners responsible for your care, independent of WM. (Such as through referrals and summaries of any findings when working collaboratively).
- Disclosure to other practitioners and associates within WM’s Practice, (such as locums, staff and colleagues) that may also be responsible for any aspects of your care with WM.
- Disclosure of de-identified (anonymised) components for research, training and quality assurance activities that might improve individual and community healthcare and practice management. You may express wherever you might not want this to take place, and it will be noted accordingly.
Cookies and IP Addresses
- Whenever you use this Website (or any other website on the Internet), the computer on which the web pages are stored (the web server) needs to know the network address of your computer so that it can send you the various web pages being requested by your internet browser. The unique network address of your computer is called an ‘IP address’ and is sent automatically each time you access any internet site. It is possible to determine your general geographic location from your IP address, but otherwise it is anonymous.
- Your IP address may therefore also be recorded when accessing this Website in order to ensure an optimum experience for you, as well as any data security measures that may need to be maintained for the protection of both you and the Site.
- WM endeavours to employ every reasonable method of providing secure data storage and transmission (protected from unauthorised access).
- However it should be noted that using e-mail and the Internet cannot be guaranteed to always be completely successful or secure.
- WM therefore cannot be held responsible for the security or confidentiality of any information provided by e-mail or transmitted over the Internet.
- If you have concerns regarding the transmission of sensitive information (such as medical information), you should consider using alternative communication methods.
Email Risks and Responsibilities
If you decide to use e-mail to communicate with WM, you accept the following risks and responsibilities:
- As the Internet is never completely secure or private, unauthorised individuals may in certain instances be able to intercept, read and possibly modify e-mail that you send or are sent by WM.
- You must do your utmost to protect your e-mail account, password and computer against access by unauthorised individuals.
- Since e-mail can be used to spread viruses, some of which cause unintended e-mail messages to be sent, you should install and maintain appropriate virus protection software on your computer.
- WM cannot be considered liable for the transmission or receipt of a computer virus.
- WM may not receive emails that you send due to virus or spam software preventing it from doing so.
- Since e-mails can be copied, printed and forwarded by people to whom you send e-mails, you should exercise care and consideration regarding what and to whom you send e-mails.
- As your employer may claim ownership of, or the right to access, the e-mail account issued to you by your employer, you should avoid using such e-mail accounts to communicate securely with WM.
Email Conditions of Use
By consenting to the use of e-mail with WM, you agree that:
- WM may forward e-mails as appropriate for the management of your needs or requests. As a result individuals other than the recipient may have access to e-mails that you send. Such access will only be to such persons who have a right to access your e-mail. Otherwise, WM will not forward e-mails to independent third parties without your prior written consent, except as authorised or required by law.
- Although WM endeavours to read and respond to your e-mails promptly, WM or it’s assistants may not read your e-mail immediately and are under no obligation to provide a timely response. Therefore, you should not use e-mail to communicate with WM if there is an emergency or where you require an answer in a short period of time.
- If your e-mail requires or requests a response, and you have not received a response within a reasonable time period, it is your responsibility to follow up directly with WM.
- You should word your e-mail messages for optimum brevity and clarity (including only, but no less than, all essential information).
- You will remain responsible for correcting any unclear or incorrect information.
- WM reserves the right to save any information transmitted by e-mail, however its use will still be subject to the privacy and permission requirements outlined elsewhere in these Terms.
- It is your responsibility to follow up and/or schedule any private appointment with WM if warranted or recommended to do so by WM.
- E-mails may not be the only form of communication that WM will use to communicate with you. Additionally, WM may decide that it is not in your best interest to continue to communicate with you by e-mail. In such cases, WM (or it’s agents) will notify you that they no longer intend to communicate with you by e-mail.
- You will promptly inform WM of any changes to your e-mail address.
- You consent to communicate by e-mail by sending an e-mail to any and all e-mail addresses (mailboxes) that you have previously communicated to.
- You may not disclose, copy, distribute, rely on, modify or use the contents of any email received from the warrenmaginn.com domain, except as and when expressly authorised.
All orders, purchases and services are subject to availability of stock or maximum volume limitations.
Incorrect Product Information
In the event a product or service is listed incorrectly or at an incorrect price due to an error in information received from the supplier or due to incorrect data entry, WM has the right to cancel any order, at which time, you will be notified by email, using the details you have provided.
- All transactions are processed in AUD and are inclusive of any applicable GST.
- All charges will be payable immediately at point of sale, unless otherwise stated in the terms of an invoice submitted to you from WM.
- For any GST applicable purchase payments made to WM, you may request an Australian Tax Invoice, which will be provided to you via your nominated contact details.
- All other fees, taxes, charges, and levies of any kind imposed on you on by other parties as a result of your use of the Site and purchase of its Products and Services shall remain the responsibility of, and payable by, you.
- Any outstanding payments overdue longer than 3 months from delivery of service may be grounds for debt collection.
- For your protection, all payment is processed via PayPal, which may require you to have a pre-existing account with them in order to complete payment. However you may alternatively be able to use PayPal to make payment using your credit card details only.
- If using a credit card, you will be required to provide a valid credit card number that you have legal authority to use. Credit card payments will then be subject to the validation and authorisation checks of the card issuer.
- Orders will not be fully processed until applicable payment has cleared.
Payment Data Security
- PayPal is designed to be one of the safest ways to send money online. Unlike other financial institutions, payments are sent without sharing financial information with anyone else. In fact, PayPal never shares your financial information with, nor sells it to, any private website owners/merchants.
- WM does not receive your credit card details when processing payments.
Protection of Your Purchases
It’s rare for a transaction to go wrong, but it is not impossible for problems to occur.
To help protect your payments, PayPal have developed several protection mechanisms to protect users from unauthorised payments:
- When you purchase goods online with PayPal, your transactions are covered by their [Buyer Protection] program.
- If they find any complaint in your favour, the amount of the payment, if available from the seller, will be transferred back to your account.
- As a fraud-prevention measure, they will send an email confirmation for every online payment that you make with PayPal.
- If you receive an email confirmation of a transaction that you did not approve, contact PayPal and they will work with you to quickly resolve the issue. You will not be responsible for the charges.
Freight & Delivery
Delivery of Physical Items
- Any freight charges quoted are valid for Australia only.
- If you are ordering from outside of Australia please contact WM directly for confirmation of any applicable shipping rate.
- All deliveries within Australia are made with services available through Australia Post, depending on the shipping options you chose during purchase.
- Please allow up to 2-5 working days for delivery within Australia. You will be advised if any delays beyond the control of WM are expected.
- WM cannot be held responsible for any items lost in transit once they have left WM or it’s agents and suppliers. Suitable shipping liability may be provided or obtained from certain freight carriers.
- WM will always obtain proof of posting.
Delivery of Virtual Items / Services
- Virtual products include non-physical products delivered digitally (such as online courses, videos, eBooks, downloadable digital resources and exclusive membership content access).
- Delivery times for these items should be relatively immediate (once you have completed full clearance of any required payment and the provision of any and all required information, access will be granted digitally).
- However, confirmation for, and access to, such purchases will be made via email, and will therefore be subject to the speed and availability of various computer systems and your chosen email service.
- Please allow 24 hours for the receipt of any confirmation, assets or responses in relation to any digital orders or requests you make.
- Note: Digital access rights and assets (such as memberships, courses and downloadable resources) are not transferable and each user must have one account each.
- Any fees for private consultations between you and WM, will be billed to you (either directly in person or via email) after the appointment/s, according to their duration, level of depth and any resources that were required, provided and agreed in the course of the consultation, (as per the guide to fees information provided to you prior to consultation).
- You agree to remain liable for, and make such payments, in full, no later than 30 days from receipt of the service.
- Multiple consultations may, in certain circumstances, be purchased up-front (as a package) in order to acquire substantial cost savings or a more consolidated/extensive treatment program.
- These will be charged and delivered according to these Terms and any additional descriptive terms provided within any package sign-up process/material.
- Fees for Private consultation time with WM are non-refundable.
Consultation Booking Cancellation Policy
- Bookings for private consultations with WM can be made for blocks of time (such as 30min, 1Hr, 2Hr)
- Your consultation booking is time that has been set aside just for you.
- Please provide at least 24 hours notice for any change in your circumstances that will prevent you from attending your scheduled appointment.
- Prior to this time, you may reschedule for a more suitable time at no extra charge.
- However, due to heavy limitations on WM’s availability, if you miss your appointment without giving notice (by email) prior to this time, an additional charge (at 20% of the value of the appointment missed) may be added to your next appointment, to assist with recuperating some of the costs associated with making your appointment possible. Your understanding and courtesy in this regard are greatly appreciated.
Alternative Dispute Resolution (ADR) Policy
- If you are not fully satisfied with any products and services provided, please express your complaint and any requests to WM via the site contact form [here]
- You agree to attempt in good faith to amicably resolve any dispute or claim arising out of, or in relation to, this Agreement through reasonable negotiations with WM (with deferral to registered mediation services regarding any trade matters, only if satisfactory resolution cannot be achieved within 30 days).
- Warren Maginn is a member of ANTA and subscribes to the ANTA Code of Practice and will always strive to uphold all principles of best-practice.
- For clinical matters, the State Health Ombudsman is available for mediation where any agreement to reasonable terms cannot be reached through direct communication within 30 days.
Refunds and Returns
WM makes no guarantees that the information and services provided will meet your needs, and therefore advises you to choose carefully.
If any purchased access, products, services, resources or information do not meet your expectations, no refunds can be provided (these are not eligible for refunds) so long as they fulfill the description of their nature prior to sale.
For Physical Products
- WM does not give refunds if you simply change your mind or make a wrong decision.
- If however you have incorrectly ordered a product, you may (upon approval from WM by email) return it to WM for an exchange within 7 days of receipt, provided the goods are returned in original sale-able condition.
- All postage and freight costs are the responsibility of the customer.
- Where goods are faulty, damaged, have been wrongly described or are different to the product purchased on the website you can choose between a refund, exchange or credit.
- Refunds, whenever applicable, will be made to the payment method / e-mail address you purchased from (e.g. PayPal). The Refund process depends on the payment gateway used for purchase (but will vary from about 7 – 14 business day/s for full completion).
For Virtual Products & Services
- Due to the nature of digital assets, all purchases of digital accesses, downloads, courses or otherwise virtually delivered content are non-refundable.
- Note: After ‘unsubscribing’ from a recurring paid access service, the payment for the most recent access charge cannot be refunded. However full access will remain for the rest of the period purchased.
- Access will only cease after conclusion of that particular access/billing period, and no further charges will be made, nor access provided for that specific access package unless you re-purchase.
These Terms do not exclude the basic guarantees and warranties provided for under Australian Consumer Law. (see ACCC)
You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, offensive, abusive, liable to incite violence, discriminatory, menacing, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary authorisations, consents and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, harmful components, corrupted data or other malicious software or harmful data); or
- which conveys charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes; or
- which serves as advertising, promotion or any other solicitation of other users to use goods or services except where expressly permitted by WM, and in those areas designated for such purpose.
You may not use the Website or its Services:
- in any way that breaches any applicable local, national or international law or regulation; or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- for the purpose of harming or attempting to harm minors in any way; or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- in any way that attempts to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents made available through the Sites intended functionality and Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari); or
- in a way that employs the use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of its contents, or attempts to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or it’s Services without the express written consent of WM, which may be withheld at WM’s sole discretion; or
- in a way that copies any personal identifying or business contact information about other users of the Site without their permission, or leads to unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Site.
WM shall fully co-operate with any law enforcement authorities or court orders requesting or directing WM to disclose the identity or locate anyone posting any material in breach of these terms of Acceptable Conduct.
- This agreement shall be governed by, and construed in accordance with, Australian law and subject to the exclusive jurisdiction of the Australian legal system.
- You agree that if WM does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which WM has the benefit of under any applicable law), this will not be taken to be a formal waiver of WM’s rights and that those rights or remedies will still be available to WM.
- All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and WM (Warren Maginn and associates) regarding the subject matter of the same, and supersedes all other previous agreements.
Last Updated: 8th Jan 2016