Terms and Conditions, Returns Refund and privacy policy

Terms of Use

These Terms of Use (Terms) apply to all Customers of the Website. We may modify and update these Terms at any time, without notice. In using the Website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time. If you do not accept these Terms, you cannot use the Website or any of the Services.

DEFINITIONS

Customer means any person approved by us to operate any aspect of our website.

Medicinal Botanix Prescribe, Online Patient Ordering System and Services means the online system for Patients to be referred to the Website to order prescribed products or Retail Products on the Website.

Prescription means a record of the supplements or other products nominated for the patient personally by the approved practitioner. It is not a drug prescription for scheduled drugs or Pharmacy medicines and will not be reviewed by a pharmacist. The prescription is the sole & exclusive responsibility of the prescribing Approved Practitioner.

Patient means a person that is referred to the Website by an Approved Practitioner.

Practitioner means a suitably qualified health professional that is registered with us to conduct business to business transactions.

Approved Practitioner means a suitably qualified practitioner that is registered with us to refer Patients to the Website. 

Patient/Retail Customer means a Patient that has registered to be a Patient/Retail Customer.

Retail Product means any Natural, Traditional and Complementary health and related products listed on the Website for Patient Customers to order.

We, Our and Us means Medicinal Botanix (ABN 96093238508) including its employees, contractors, and affiliates.

Website means www.medicinabotanix.com and www.herbalteasmedicinalbotanix.com

Wholesale Customer means a Practitioner or other Health Professional or a Retailer that is registered with us to make business to business transactions.

You means the Wholesale Customer or Patient/Retail Customer registered to use the Website and the Services.

All orders will be delivered by Australia Post in accordance with the delivery terms on the Website.

PAYMENT

Payment is via Paypal for your security.
 

If we decline to complete an order under our Completion of Order Policy (below) or we cannot fulfil an order for any reason, we will refund the payment for the order. 

REFUND POLICY

Requests for credits or returns must be made within 7 days of delivery of goods. Please refer to the Returns Policy on the Website. 

COMPLETION OF ORDER POLICY

We may require you to provide additional information before we accept and process any order.

The delivery to you of any email or other confirmation of your order, or the receipt of funds from you, or any deduction to your credit card, does not signify our acceptance of your order or constitute our agreement to provide the Products or Services to you.

We reserve the right to decline to process any order when there has been an incorrect price listed on the Website due to a typographical or other error.

We also reserve the right in our sole discretion to accept or decline an order at any time without providing a reason.

If we decline to accept and process any order under this Completion of Order Policy, we will refund any payment made by you for the order.

GENERAL USER AGREEMENT

To be eligible to register and use our Services, you acknowledge and agree to the following:

You warrant that all information you provide is true, correct, up-to-date and accurate;

You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and

You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.

We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website is always available and virus-free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.

MEDICAL DISCLAIMER

Nothing contained in or on the Website is intended to be used or treated as advice. It does not take into account your individual health, medical, physical or emotional situation or needs. It is not medical advice and should not be considered or used as a substitute for medical attention, treatment, examination, treatment of existing conditions or diagnosis and is not intended to provide a clinical diagnosis nor take the place of medical advice from a qualified practitioner. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should, before you act on or use any of this information, consider the appropriateness of the information with respect to your own personal situation and needs. Before relying on any information or material or using any products, you should contact your own professional practitioner to ensure it is relevant to and appropriate for your particular circumstances.

Whilst we endeavour to keep the information on the Website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.

TERMINATION

You agree that we may, in our sole discretion, terminate or suspend your access to the Website and the Services with or without notice and for any reason, including, without limitation, breach of these Terms. We may, at our sole discretion, provide you with a warning that you have breached the Terms and provide you with an opportunity to rectify the breach, to our satisfaction, as a condition of maintaining your account and having continued access to the Website.

Any suspected fraudulent, abusive or illegal activity, including breach of copyright, may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

You may request us to close your account at any time by sending an email request to us at www.medicnalbotanix.com

PRIVACY

We do not collect or store your medical information, any sensitive information as described in the Privacy Act 1988 (Cth), or your health information as described in the Personally Controlled Electronic Health Records Act 2012 (Cth).

All your medical or health information is collected and managed directly by the Approved Practitioner that is responsible for issuing you a prescription.

We only collect information required to provide our Services and we keep this information in secure encrypted servers. This includes records of the prescriptions in order to administer our business, keep stock records, costs, revenues and accounts in the normal way.

We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled.

We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.

For details of how we collect and manage private information, please refer to our separate Privacy Policy.

LIABILITY AND INDEMNITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage of any kind which may result from your use of the Website, the Services or any information contained on or linked to the Website.

Your use of the Website and the Services, including your reliance on any information on the Website, is entirely at your own risk, for which we will not be liable.

It is your own responsibility to ensure that any Products, Services or information contained on or linked to the Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.

For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ‘Medicinal Botanix’ liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

In any event, for any claim, our liability to you will not exceed the amount actually paid by you to us in the preceding one-month period.

You agree to indemnify us against any and all claims, liabilities, actions and expenses which may result either directly or indirectly or is in any way related to your use of the Website or the Services, your reliance on any information contained on or linked to the Website, or any actions or activities you may undertake with other persons or businesses as a result of the Services.

This Liability and Indemnity clause will survive the expiry or termination of these Terms and your use of the Services.

Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours or our suppliers.

All other trademarks or service marks within the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or name of ours or of any of our advertisers/Suppliers

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any content on the Website. In particular, if we believe any content to be inappropriate, potentially breach regulations, receive complaints, or for any other reason, and in our reasonable discretion, we may remove or modify the content at any time without notice. We will not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name to any law enforcement authority, other competent authority, or any person for the purpose of legal proceedings, prosecution, or investigation for any breach or alleged breach of the law or these Terms.

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and you agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

WEBSITE DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances.

Nothing contained in this site is intended to be used or treated as advice. It is not medical or professional advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice.

If you commence any treatment, protocol or supplement and you feel ill, unwell or otherwise uncomfortable, immediately stop, discontinue and consult your healthcare practitioner.

Any reliance you place on information on our website is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should not use this information or our products to diagnose or treat any health problem, disease or condition without consulting a qualified healthcare professional. Before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances. Practitioners should contact us directly if you have any questions or require assistance. For Patients and other Wholesale customers you should contact their prescribing Practitioner.

All information regarding product attributes (gluten free, dairy free, organic ingredients, eco/sustainable, etc.) has been provided by our suppliers. Information may be incomplete so please read all product labels carefully before use.

Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.

COPYRIGHT NOTICE

This website and its contents are the copyright of - ©Medicinal Botanix (ABN 96093238508) 2024 All rights reserved, except where copyright to images and/or words are held by our suppliers or brand owners.

Any redistribution or reproduction of part or all of the contents in any form is prohibited without our express written permission.

You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Last updated:15th May 2024

At Medicinal Botanix (www.medicinalbotanix.comand www.herbalteasmedicinalbotanix.com ), we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.
You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications: we may deliver direct marketing communications to you about our Products and Services and any other products or services you might be interested in.
You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law. 

SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of www.obornehealth.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website. 

CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

CONTACT
If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at lindamac-nd@yahoo.com.au or phone 6208304231 and we will respond within 48 hours.