Terms of service

Terms of Service

Last updated: October 2025
Company: VivaWell
Address: Unit 4/370 Bay St, Brighton-le-Sands, ACT 2216, Australia
Email: sales@vivawell.au
Phone: +61 415 253 564

1. Overview

Welcome to VivaWell.
These Terms of Service (“Terms”, “Agreement”) govern your access to and use of our website, products, and services (“Services”).
By accessing or purchasing from our website, you agree to be bound by these Terms and all applicable laws and regulations in Australia.

If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 18 years old to use our Services or make purchases from our website. By placing an order, you confirm that you are of legal age and have full legal capacity to enter into this Agreement.

3. Products and Availability

All products offered on our website are subject to availability. We reserve the right to discontinue or modify any product without prior notice.
We make every effort to ensure accurate descriptions, images, and pricing, but we cannot guarantee that all information is error-free or up to date.

4. Orders and Payments

By placing an order, you agree to provide accurate and complete information, including your name, address, and payment details.
All prices are displayed in Australian Dollars (AUD) and include applicable taxes unless otherwise stated.

We accept major payment methods supported by Shopify Payments, PayPal, or other secure gateways.

We reserve the right to cancel or refuse any order if we suspect fraud, unauthorized transactions, or violations of these Terms.

5. Shipping and Delivery

Orders are processed and shipped within the estimated timeframes stated on our website.
Delivery times may vary depending on your location and carrier performance.

VivaWell is not responsible for delays caused by customs, postal services, or unforeseen events beyond our control.

For more details, please refer to our Shipping Policy.

6. Returns and Refunds

We offer returns and refunds in accordance with the Australian Consumer Law (ACL) and our Return & Refund Policy.

Customers are entitled to a replacement, repair, or refund if a product is faulty, damaged, or not as described.
Please review our Return Policy for detailed instructions on how to initiate a return.

7. Consumer Rights Under Australian Law

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law.

Our goods come with guarantees that cannot be excluded under the ACL.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

8. Intellectual Property

All content on this website—including text, images, graphics, logos, product descriptions, and design—is the property of VivaWell or its licensors and is protected under Australian copyright and trademark laws.

You may not copy, reproduce, modify, distribute, or use any material without our prior written consent.

9. Prohibited Uses

You agree not to use our website or Services for any unlawful purpose, including but not limited to:

  • Engaging in fraudulent or deceptive activities.

  • Uploading malware or harmful code.

  • Violating intellectual property rights.

  • Interfering with website functionality or security.

  • Collecting personal data of other users without consent.

We reserve the right to terminate your access if we determine a violation of these Terms.

10. Limitation of Liability

To the maximum extent permitted by law, VivaWell shall not be liable for any indirect, incidental, or consequential damages arising from the use of our website or products.

We do not guarantee that our website will be error-free, secure, or uninterrupted.

Our liability is limited to the replacement of goods, the repair of goods, or the refund of the purchase price, in accordance with the Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold harmless VivaWell, its employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from your misuse of our website, breach of these Terms, or violation of any law or third-party rights.

12. Privacy

Your personal information is collected, used, and stored in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

By using our Services, you consent to the collection and handling of your information as described in that policy.

13. Third-Party Services

Our website may contain links to third-party websites or services.
We are not responsible for the content, policies, or practices of third-party platforms. Accessing these sites is at your own risk.

14. Termination

We may suspend or terminate your access to our Services at any time without prior notice if we reasonably believe you have violated these Terms or any applicable law.

All obligations and liabilities incurred prior to termination will survive the termination of this Agreement.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia and the State of New South Wales.

Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice.
The revised version will take effect immediately upon posting on our website.
Your continued use of our Services constitutes acceptance of the updated Terms.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

📍 VivaWell
Unit 4/370 Bay St, Brighton-le-Sands, ACT 2216, Australia
✉️ sales@vivawell.au
📞 +61 415 253 564