Terms of service
Welcome to Wisdom Brands Australia Pty Ltd ("the site", "we", "us" or "our"). ACN 676 902 891
1. Access and use subject
By accessing and using the Wisdom site, you accept the following terms of use. Please be aware that we may modify these terms at any time without prior notice. If you disagree with these terms, please refrain from using our services.
Occasionally, some services we offer may come with additional terms and conditions, which are included by reference into these terms of use. In case of any conflict between these terms and the additional terms and conditions, the latter will take precedence.
2. Disclaimer
All information on this site is provided for general informational purposes only and should not be considered a substitute for the advice of your medical or healthcare professional. By using the site and any information available on or through it, you expressly agree that you do so at your own risk. Wisdom provides no express or implied warranties and makes no representations regarding any information on the site, including, but not limited to, its completeness, accuracy, reliability, efficacy, or currency. Before using any product, you should consult a qualified medical or health professional to ensure it is suitable for your personal circumstances. You should not use or rely on any information on the site for any purpose, including, but not limited to, the diagnosis or treatment of a medical or health condition.
3. Limitation of Liability
Subject to applicable consumer protection laws that cannot be excluded, Wisdom accepts no liability for any incorrect, incomplete, or misleading information on the site, or for any product, good, or service provided or available through the site. Wisdom will not be liable to you or anyone else for any loss, damage, cost, or expense, including any indirect or consequential loss, damage, cost, or expense, however caused, including due to breach of contract, negligence, and/or breach of statute. This includes any loss, damage, cost, or expense arising from or in connection with the use of the site, use of any product purchased or available through the site, reliance on any information, products, or materials on the site, or our negligence or breach of any obligations under these terms and conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, Wisdom's liability will be limited at its discretion to the resupply of the relevant goods or services or a refund of their costs.
4. Intellectual Property
(a) Copyright and Trademarks: Unless specified otherwise, all material on the site (collectively, the "Content"), including text, logos, graphics, design elements, photographs, images, data, typefaces, audio, and video clips, and all other content as well as their design and arrangement, is the property of Wisdom or its content suppliers and is protected by copyright law. Certain content, including Wisdom and all related product and service names, along with all proprietary graphics, photographs, and logos, are registered and/or unregistered trademarks of Wisdom and its related entities. They may not be used in connection with any other product or service without Wisdom's express written consent. You acknowledge that all Content is protected by intellectual property rights, which are valid and may be protected in all forms, media, and technologies now existing or developed in the future.
(b) Use of the Site: You may use the content and the site solely for personal use in connection with purchasing Wisdom’s products and for no other purpose. No content or other materials from the site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without Wisdom’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorized use of any content or materials available on the site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
(c) Links: The site may include links to websites owned by other parties. Wisdom does not endorse and is not responsible for any material or products on these websites or for any damage, offense, or loss incurred by visiting these websites. You may create a hyperlink to the site provided that the linked content or website does not portray Wisdom, its products, or any associated persons in a false, misleading, derogatory, or offensive manner. If requested by Wisdom, you must immediately remove any hyperlink to the site from your website or other digital content.
When you place an order via the site, you agree and acknowledge:
(a) Personal Details: We will require you to provide personal information, including your name, delivery address, email address, telephone contact, and valid credit card or other relevant payment details. Personal information will be handled in accordance with Wisdom’s Privacy Policy, which is subject to change. While we use reasonable security measures to protect your information, we will not be liable for any misuse of this information due to transmission errors, computer viruses, malware, or cyber-attacks. We recommend regularly checking to ensure your browser and internet connection are secure and that your computer has up-to-date virus software installed.
(b) Prices and GST: Unless stated otherwise, all prices on the site are in Australian dollars (AUD) and inclusive of GST. We reserve the right to amend our prices at any time. If we make a taxable supply and the price does not include GST, we are entitled to add GST. ‘GST’ refers to the tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related legislation.
(c) Payment: You must pay the order amount in full, including any postage or shipping charges, by credit card at the time of making the purchase offer for the relevant goods. Wisdom accepts major credit cards and other valid payment methods indicated on the site at the point of payment. However, we accept no responsibility for payment errors caused or contributed to by your issuing bank, credit card providers, merchant gateways, or other payment intermediaries.
(d) Postage: Postage will typically incur an additional charge, which will be calculated and notified to you at the time of purchase. If postage is free or included in the purchase price, this will be expressly stated. For international deliveries, you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility, and we encourage you to familiarize yourself with any applicable customs duties.
(e) Offer and Acceptance: Your order constitutes an offer to purchase each product in the order at the specified price. We may accept or reject your offer at our discretion, and if we do not respond within three days, your offer is deemed rejected. If we do not accept your offer for any reason, neither party will be under any further liability arising from your original offer or our non-acceptance. Wisdom is not required to provide reasons for the non-acceptance of an offer.
5. Terms of Trade
(f) Availability. We give no undertaking as to the availability of any product advertised on the site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.
(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
(h) Delivery. The estimated date delivery time of your order will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.
(i) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.
(j) Returns. We want you to be 100% happy with your Wisdom products. Please click here to go to our returns policy.
6. SMS Marketing
By consenting to Wisdom's SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications. These include updates on your order (such as abandoned checkout reminders), text marketing offers, and transactional texts, including review requests from us. This agreement applies even if your mobile number is registered on any state or federal do-not-call list. The frequency of messages may vary. Please note that consent is not a condition of purchase.
7. Indemnity
You agree to defend, indemnify, and hold harmless Wisdom (including its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations, and damages, including reasonable legal fees, arising from:
(a) Your misuse of the site;
(b) Your violation of any term of these Terms of Use;
(c) A breach of your representations and warranties regarding content;
(d) Your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right); or
(e) Any claim that any content you submitted caused damage to a third party.
We reserve the right to take exclusive control and defense of any claim, and you agree to cooperate fully with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the site.
8. Privacy & Security
You may need to register to use certain parts of the site and will be prompted to create a username and password. You must keep this username and password secure and not disclose them to any third party. If you become aware of unauthorized use of your account, please notify us immediately and take all necessary precautionary actions.
While Wisdom uses reasonable efforts to protect the security of the information you provide, transmissions made over the internet cannot be guaranteed to be secure. Wisdom does not warrant and cannot ensure the security of any information you transmit to us. You agree that any information you send to us is entirely at your own risk, and it is your responsibility to immediately contact your financial institution if you become aware of, or are notified by us of, any unauthorized use of your account. Please review our Privacy Policy, which explains how we manage personal information.
9. Cookies
Wisdom may use cookies when you visit the site to collect certain information about your computer, including your IP address, browser type, operating system, domain name, and details of any website referring you to the site. Wisdom may use cookies to gather information about your use of the site, recognize you/your computer when you visit the site, and, if applicable, direct you to the relevant section(s) of the site based on your country of origin or language. This information helps maintain the quality of the site and provides usage statistics.
If you prefer not to have this information stored on your computer, you can configure your browser to reject cookies. However, please note that if you do this, you may not be able to access all parts of the site.
10. Applicable Law
Notwithstanding your location at the time you access, place an order, or make a payment via the site, you agree that, to the fullest extent legally possible, these Terms and Conditions, your use of the site, and any sales contract formed shall be governed by the laws in existence at that time. Any claim relating to the site, the goods or services provided through the site, or the content shall be governed by the laws of the state of New South Wales, Australia. You irrevocably submit to the jurisdiction of the courts in New South Wales, Australia for any matter arising from these Terms and Conditions.
11. Entire Agreement
To the fullest extent permitted by law, these Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior discussions and/or agreements between the parties.