Terms & Conditions

Last Updated: 29 October, 2024

Rays Wellness Pty Ltd

ABN 81 668 524 310

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TERMS AND CONDITIONS FOR BUYING PRODUCTS

Welcome to Rays Wellness.

In these terms, we also refer to Rays Wellness as “our”, “we”, or “us”.

And you are “you”!

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What are these terms about?

These terms apply when you use this website, being the Rays Wellness platform accessible at rayswellness.com.au and any other websites we operate with the same domain name and a different extension, or our application (“Platform”).

These terms also apply when you purchase products through this Platform (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here rayswellness.com.au.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Platform (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Platform or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Platform, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Platform, so you may find that different terms apply next time you use this Platform or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

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MEDICAL EMERGENCIES

Rays Wellness provides pharmaceutical goods and services. These services do not provide emergency services. If you are experiencing an emergency, or if you suspect that you are experiencing an emergency, please contact 000.

If you are in doubt about the seriousness of your condition, or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should contact 000 immediately or seek alternative and appropriate medical services. If you are suffering from a mental health issue please contact Lifeline on 131114.

For any medical advice, always consult a registered medical practitioner, and if required, contact your general practitioner or seek appropriate urgent care services.

Part A: For When You Buy Products…

SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Platform’s functionality (Order) you represent and warrant that:

you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Platform) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. Any information related to your prescription or medical history provided as part of an Order will be handled in compliance with the Privacy Act 1988 (Cth), and the relevant Australian health records legislation.
Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

ACCOUNTS

To submit an Order and/or to purchase a Product, you may be required to receive a Rays Wellness account (an Account). We will provide this to you after being engaged to dispense your prescription by your medical provider, and the details for your account will be sent to the contact details provided by your medical provider.
As part of the Account registration process and as part of your continued use of the Platform, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time. This information will be collected, stored, and handled in accordance with the Privacy Act 1988 (Cth).
Some personal details and details about your prescription that are required for your Account registration may be provided to Rays Wellness by the medical provider who provided you with the prescription that you wish to have dispensed and delivered by Rays Wellness. By agreeing to use Rays Wellness’ services you consent to this collection of information, please see our Privacy Policy for further information about how your data is handled.
You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
While we will use industry-standard encryption and data protection practices to ensure compliance with the Privacy Act 1988 (Cth) and any related regulations on data security, we won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Rays Wellness Account information or your password.

PRODUCTS

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Platform, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Platform.
Until the price of your Products is paid in full, title in those Products is retained by Rays Wellness. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
Rays Wellness reserves the right to limit sales of certain restricted medications in accordance with Therapeutic Goods Administration (TGA) and Pharmacy Board of Australia regulations.

DISCLAIMERS

(General Information) Any information on the Platform is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
(No guaranteed outcomes) We make no representation or guarantee that any of the content on the Platform will be useful or relevant to you or that by using the content on the Platform you will achieve any particular outcomes.
(Not medical advice) The information on the Platform is not medical advice. You should not rely on this information as a substitute for medical advice or to diagnose or treat any medical condition. Any information provided to you on the Platform is not intended to diagnose, treat, cure or prevent any condition. If you think you may have a medical issue please seek medical advice from a trained medical professional. Pharmaceutical advice provided by licensed pharmacists is intended to complement, not replace, the diagnosis, treatment, or advice of a qualified healthcare provider. For any medical conditions or concerns, always consult your doctor or a registered healthcare professional
(Pharmacy restrictions) Certain medications and therapeutic goods are restricted or regulated under the Therapeutic Goods Act 1989 (Cth) and Pharmacy Board of Australia standards. We will only dispense medications that comply with these regulations, and all prescriptions must be valid and verified. We reserve the right to verify any prescriptions before dispensing.
If you rely on any Platform content, you do so solely at your own risk.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Platform.
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. Rays Wellness reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).‍
All promotional and marketing material will comply with the Therapeutic Goods Advertising Code, and no misleading claims will be made about the efficacy of therapeutic goods or pharmaceuticals sold on the Platform.

PAYMENT

All prices are:

per unit (except where indicated);
in Australian Dollars; and
subject to change prior to you completing an Order without notice.

(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(GST) Unless otherwise indicated, amounts stated on the Platform do not include GST. In relation to any GST payable for a taxable supply by Rays Wellness, you must pay the GST subject to Rays Wellness providing a tax invoice.
(Card surcharges) Rays Wellness reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). Credit card surcharges will be disclosed and compliant with the Competition and Consumer Act 2010 (Cth) and relevant consumer protection laws
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

DELIVERY AND SHIPPING

(Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(Delivery Details) Rays Wellness may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

delivery is to the delivery point specifically accepted by Rays Wellness; and
we will deliver the Products to you in accordance with the shipping information displayed on our Platform.

(Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries. While we aim to deliver products within the estimated delivery times, we comply with the Australian Consumer Law regarding the timely delivery of goods. If there is a significant delay, you are entitled to cancel the order and receive a refund or other remedies under ACL CLICK AND COLLECT

We may allow you to select Click and Collect as an option on checkout and select:

a date on which you will collect the Products (Collection Date); and
a designated location from which you will collect the Products (Collection Address).

If you select Click and Collect, you agree to collect the Products from the Collection Address by 5pm (AEST) on the Collection Date.
If you fail to collect the Products within this time, then unless you have made arrangements with us for late collection, we may cancel your Order and we may:

re-sell the Product to another party; and/or
require you to pay a re-stocking fee.

We may require you to verify your identity upon collection.

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8.3 may apply.

RETURNS AND EXCHANGES

We do not offer change of mind returns.
We will provide a full refund of the price paid for a Product if we determine that:

a Product you have ordered was not received by you solely due to failure by us;
a Product provided to you was not substantially the same as the Product you ordered as displayed on our Platform (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
a Product is faulty, in accordance with clause 8.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

(Faulty products) The following process applies to any Product you believe to be faulty.

If you believe your Product is faulty, please contact us using the details provided on our Platform with a full description of the fault (including images).
If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
For products deemed to be of unsatisfactory quality, customers retain all rights under Australian Consumer Law, which includes guarantees of acceptable quality, fitness for purpose, and safety.
If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law. In particular, this clause 8 is intended to be in accordance with the Australian Consumer Law, which provides for consumer guarantees. You are entitled to a refund, repair, or replacement if the product is deemed faulty under ACL guidelines.

PRODUCT RECALLS

In the event of a product recall due to safety, health, or other regulatory concerns, Ray's Wellness will comply with all relevant TGA and ACCC recall guidelines and will notify affected customers immediately.

INTELLECTUAL PROPERTY

Rays Wellness retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products. This limitation of liability does not exclude or modify any guarantees, warranties, representations, or other rights under the Australian Consumer Law or other applicable laws.
In this clause 9, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY TERMS SUPPLIERS

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 8.

RATINGS AND REVIEWS

You may rate a Product (each a ‘Rating’) and provide feedback to other customers regarding the relevant Product or experience with Rays Wellness (Review).
Ratings and Reviews may be able to be viewed by other customers and these may remain viewable until the relevant Product is removed.
You must provide true, fair and accurate information in your Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review, or future Reviews. We do not undertake to review each Review made by you.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
We reserve the right to moderate or remove any Reviews that breach the AHPRA advertising guidelines, including false or misleading health claims.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by any individual or entity to write a Review, you should include information about this in your Review. Incentives include being offered a gift, reward, discount or advantage for writing a Review.

Part B: For When You Browse This Platform…

ACCESS AND USE OF THE PLATFORM

You must only use the Platform in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Platform comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Platform without the express consent of Rays Wellness;
use the Platform for any purpose other than the purposes of browsing, selecting or purchasing Products;
use, or attempt to use, the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Platform in a manner that may interfere with, disrupt or create undue burden on the Platform or the servers or networks that host the Platform;
use the Platform with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of Rays Wellness, including by linking to the Platform on any other website; and
attempt to breach the security of the Platform, or otherwise interfere with the normal functions of the Platform, including by:

gaining unauthorised access to Platform accounts or data;
scanning, probing or testing the Platform for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Platform; or
instigate or participate in a denial-of-service attack against the Platform.

INFORMATION ON THE PLATFORM

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Platform may have errors or defects (or both, as the case may be);
the Platform may not be accessible at times;
messages sent through the Platform may not be delivered promptly, or delivered at all;
information you receive or supply through the Platform may not be secure or confidential; and
any information provided through the Platform may not be accurate or true.

We reserve the right to change any information or functionality on the Platform by updating the Platform at any time without notice, including product descriptions, prices and other Platform Content (as defined below).

INTELLECTUAL PROPERTY

Rays Wellness retains ownership of the Platform and all materials on the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Platform for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform or any Platform Content without prior written consent from Rays Wellness or as permitted by law.
In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

LINKS TO OTHER WEBSITES

The Platform may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM

This Platform is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Platform to the extent applicable to you.
To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Platform or any issues experienced in placing Orders.

SECURITY

To the maximum extent permitted by law, Rays Wellness does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Platform by any person, any errors in the material on the Platform or any difficulty in accessing or using the Platform, please contact us immediately using the contact details or form provided on our Platform.

Part C: Liability And Other Legal Terms

LIABILITY

WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

Products sold by Rays Wellness, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

LIABILITY

To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Rays Wellness under the most recent Order.
Claims for loss of or damage to Products in transit must be made against the carrier.

CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $, or “dollar”, is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES

Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.