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Customer Terms and Conditions 

Welcome to The Medicine Man (the Website), the place to balance your health naturally. 

The following terms and conditions (Terms) apply to the use of the Website, and the ordering, purchase and delivery of products or services (the Products) provided by third party suppliers of The Medicine Man (the Merchant Partners) via the Website. Please read these Terms carefully. If you do not accept these Terms, you must not use the Services.

  1. Agreement 

These Terms constitute a contract between the customer (You) and The Medicine Man (ABN 28643395948). By accessing or using the Website, or by placing an order (Order) for Products through the Website, You accept these Terms. 

When You transact through the Website, You will be bound by the version of the Terms current at the date of that transaction as evidenced by Your electronic acceptance of the Terms.

  1. Website Use 

The Website may contain links to third party websites for your convenience. These linked sites are not under the control of The Medicine Man and is not responsible for the content or privacy practices of any linked website or any link contained in a linked website, or changes or updates to such sites. 

You must comply with all applicable laws when You access, or use, the Services. The use of the Services is at Your own risk. You must take Your own precautions to ensure that Your process for accessing the Website or the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. 

  1. Product Information 

The Merchant Partners are the individual sellers, suppliers, providers and/or manufacturers of the Products listed for purchase on the Website. While The Medicine Man provides the Services as an agent for the Merchant Partners, each Merchant Partner is responsible for their respective Products listed on the Website. The Medicine Man engages in activities from time to time to assess the claims or statements made in respect of the Products and the Products themselves to be as accurate as possible regarding the information contained on the Website. Despite this, The Medicine Man is not responsible for any product information or claims associated with the description of the Products. The Medicine Man accepts no liability for inaccuracies or misstatements about Products by Merchant Partners, manufacturers, or other third parties. The Medicine Man recommends that You read all information presented on labels, warnings and directions which accompany the Products before use.

  1. Website Content 

The Medicine Man does its best to ensure that the content and information provided on the Website is accurate, complete, reliable, current and error-free. Information and statements about Products on the Website are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. You should always seek the advice of Your doctor or other qualified health provider with any questions You may have regarding a health condition. Never avoid or delay seeking professional advice relating to Your health because of something You have read on the Website. 

Products and packaging may vary slightly from their pictures. The images of the Products on the Website  are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. 

  1. Prices 

The Medicine Man reserves the right to change the price for Products displayed on the Website at any time (when directed to do so by the relevant Merchant Partner). All prices listed on the Website exclude delivery costs. Delivery costs are showing separately on an Order.

  1. Placing Your Order 

You may place an Order on the Website by adding items to ‘My Cart’ and clicking the “Check Out” button. 

You must pay for Products prior to completing Your Order. Once You have entered Your payment details, You will be directed to accept these Terms and click the “Complete Order” button which will constitute an offer to buy the Products. 

We do not formally accept Your Order, and your purchase is not complete, until it has passed our payment gateway validation procedures. These procedures are for the purpose of preventing credit card or payment fraud.  We reserve the right to reject Your Order and not conclude a contract with You. 

Once your Order is accepted, We will notify You that Your order has been processed and a contract has been concluded with You by sending You an online receipt of transaction and/or an Order confirmation via email.

  1. Payment 

The Medicine Man accepts payment with all major credit and debit cards.

  1. Internet Connection 

The Medicine Man does not accept responsibility for any Orders that are declined, delayed or not accepted due to disruptions with internet connections. 

  1. Changes to Price 

Despite our best efforts, it may be possible that a small number of the Products may be incorrectly priced on the Website. If we have made a mistake and a Product’s correct price is higher than the price on the Website, we may contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product’s correct price is lower than the stated price on the Website, we will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, we will refund the price difference and send You the Product.

  1. Shipping and Returns Policy 

The Medicine Man only ships Products within Australia. 

  1. Changing your Order

Once You have placed Your Order, we are unable to make any changes to Your Order, including the quantity of Products ordered or the delivery address. 

  1. Accounts 

If You use the Medicine Man Website, You are responsible for maintaining the confidentiality of Your account and password, and You agree to accept responsibility for all activities that occur under Your account or password. The Medicine Man reserves the right to refuse service, terminate accounts, remove or edit content, or cancel Orders at its sole discretion.

  1. Account Activity 

Account holders may post reviews, comments, photos, videos and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties or objectionable. The Medicine Man reserves the right to remove or edit content. 

  1. Intellectual Property 

You acknowledge and agree that all content included or made available through the Website, such as images, graphics, logos, indicia, text, audio clips, digital downloads, data compilations and coding is copyright owned by, or licensed to, The Medicine Man and protected by copyright laws. All trademarks appearing on the Website are acknowledged. The use of any such copyright or trademarks strictly prohibited. You may only access and use the Services for their intended purpose. No part of the Website may be reproduced, modified, adapted, displayed or distributed in any form or manner without the prior written permission of The Medicine Man.

  1. Privacy 

By placing Your Order or otherwise contacting The Medicine Man, You agree that we may store, process and use data collected from Your Order for the purposes of processing your Order and your contact details to respond to your request. By processing your Order, You agree that we may use such data, other than credit card details in order to provide you with information from time to time on other Products or promotions that may be of interest to You, unless you have opted out of receiving such promotional information. Your submission of information provided through The Medicine Man Website is governed by The Medicine Man Privacy Policy, which is located at www.themedicineman.com.au.  You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge a small administration free for processing such a request. If any data held by us concerning you is incorrect, we will correct it on your written request.

  1. Electronic Communication 

The Medicine Man will primarily communicate with customers via email. When You use the Services, You are communicating with us electronically and consent to receive electronic communications related to Your use of the Services. We will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to You and effective when sent to the email address You provide on the Website or from which You otherwise email us.

  1. Variation of Terms 

The Medicine Man reserves the right to vary these Terms without notice to You by publishing revised terms on the Website (Revised Terms). By continuing to use the Services, You accept the Revised Terms as they apply from time to time. No Medicine Man employee or agent has the authority to vary any of the Terms.

  1. Force Majeure 

The Medicine Man will not be responsible for delays or failure in performance caused by circumstances beyond its reasonable control, and The Medicine Man will be entitled to a reasonable extension of time for the performance of such obligations. 

  1. Governing Law 

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New South Wales, Australia, and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. It is Your responsibility to ensure that use of the Website is in accordance with the laws of the relevant jurisdiction where the material is viewed or received.

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