Terms of service
Joint Action Care Terms of Service
Joint Action Care’s Terms of Service govern the sale of products on jointactioncare.com by Joint Action Care Pty Ltd (ABN 86 671 011 804).
Updated September 5, 2024
Please read the Terms of Service (“Terms of Service”) carefully prior to making a purchase of products sold by Joint Action Care. By placing an order, you agree to be bound by these conditions, as well as our Shipping Policy, Privacy Policy, and Return and Refund Policy.
1. Definitions
1.1. “We”, “our”, “us” and similar expressions, refer to Joint Action Care Pty Ltd (ABN 86 671 011 804).
1.2. “You”, “customer”, “consumer” and similar expressions, refer to you, our customer.
1.3. “Site” refers to our ecommerce website at the following web address: www.jointactioncare.com.
1.4. “Product” refers to any products sold by Joint Action Care on our Site, including digital products like care plans and physical products like supplements.
1.5. “Agreement” refers to a sales agreement.
2. Scope of this Agreement
2.1. The Terms of Service contained in this document, including any information made available via a hyperlink, apply to all sales made by Joint Action Care and therefore constitute a sale agreement consensually entered into between the Customer and Joint Action Care. By placing an order, the Customer agrees to be bound by these Terms of Service, as well as our Shipping Policy, Privacy Policy, and Return and Refund Policy, all of which are incorporated by reference.
3. Returns and Cancellations Policy
3.1. Digital Products: Due to the nature of digital products, which are accessible immediately upon purchase, all sales of digital products are final and non-returnable. If you encounter any technical issues or defects with a digital product, please contact us within 7 days of purchase. In cases where a fault is confirmed on our part, we will provide a corrected version or a refund at our discretion.
3.2. Physical Products: You may return physical products, such as the Joint Pain Relief supplement, within 14 days of receipt, provided they are in their original, unused condition. If a physical product is faulty, damaged on arrival, or not as described, please notify us immediately for return instructions. A replacement or refund will be offered after inspection of the returned item.
3.3. Subscription Orders: For subscription orders, you may cancel your subscription at any time, but cancellations must be made before the next billing cycle to avoid being charged for the next shipment. Refunds for subscription orders will be considered under the same conditions as physical products.
3.4. General Return Conditions: For all returns, a receipt or proof of purchase is required. Customers are responsible for their own shipping costs for returning items, which are non-refundable unless the product is faulty, damaged, or not as described. This policy does not limit any statutory rights under the Australian Consumer Law.
3.5. Refund Process: Upon receipt and inspection of the returned item, we will notify you of the status of your refund request. If approved, the refund will be processed to your original payment method within a specified timeframe.
3.6. Contact Information: For queries regarding our returns policy or to initiate a return, please contact support@jointactioncare.com.
3.7. Policy Amendments: Joint Action Care reserves the right to modify this Returns and Cancellations Policy. Any changes will be effective immediately upon updating in our Terms of Service.
4. Pricing and Availability
4.1. Pricing: All prices listed on our Site are inclusive of Goods and Services Tax (GST). However, please note that prices are subject to change without prior notice. Joint Action Care reserves the right to make adjustments to the pricing for our products and services at any time and for any reason. We strive to ensure that all prices on our Site are accurate, but errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
4.2. Price Errors: In the event of a pricing error on our Site, Joint Action Care is not bound to honour the incorrect price if it is lower than the correct price. If you have already paid for the product and choose to cancel due to the pricing error, we will refund you the full amount paid.
4.3. Product Availability: We make every effort to keep our Site updated with the availability of products. However, the availability of products on our website is subject to change without notice. In cases where a product you have ordered is unavailable, we will inform you as soon as possible and you will be given the option to wait until the product is available or to cancel your order.
5. Order
5.1. Information given to a Customer by Joint Action Care’s agents or employees constitutes an invitation to treat but does not constitute an offer by Joint Action Care to supply a Product. By placing an order, the Customer makes an offer to Joint Action Care to purchase the Products. Any order shall be subject to acceptance by Joint Action Care and Joint Action Care may decline any order in whole or in part, for any lawful reason whatsoever.
6. Delivery and Delivery Times
6.1. Digital Products: Upon purchase, digital products, such as care plan PDFs, are accessible immediately through a download link or sent via email.
6.2. Physical Products: Delivery times for physical products, such as the Joint Pain Relief supplement, are estimates only and may vary. We strive to meet the delivery estimates provided at checkout, but delays may occur due to shipping carriers or other unforeseen circumstances. Joint Action Care is not liable for late deliveries.
6.3. Subscription Deliveries: For subscription orders, the first delivery will be made following the initial payment, with subsequent deliveries according to the chosen subscription cycle. Customers will receive a notification and tracking information for each shipment.
7. Linking to Website
7.1. Grant of Permission for Linking: Joint Action Care permits the creation of hyperlinks to our Site (www.jointactioncare.com) provided that the link does not portray Joint Action Care, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
7.2. Restrictions on Linking:
(i) No Framing: You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Joint Action Care without our express written consent.
(ii) No Deep Linking: You are prohibited from using any deep-linking technique, which might suggest that you are providing the content or imply an endorsement by Joint Action Care without our express written consent.
(iii) No Unauthorised Use: The use of our logo or other artwork for linking is not permitted without a trademark licence agreement.
7.3. Disclaimer Regarding Third-Party Sites: While we appreciate links to our Site, we do not have control over third-party websites. Joint Action Care is not responsible for the content or practices of websites that are linked to or from our Site. Such links do not imply endorsement, sponsorship, or affiliation with Joint Action Care.
7.4. Right to Revoke Permission: We reserve the right at any time and in our sole discretion to request the removal of any links to our Site. Upon such a request, you agree to immediately remove all links to our Site and cease using any Joint Action Care trademark.
7.5. Changes to Linking Policy: Joint Action Care may amend this linking policy at any time. By continuing to link to our Site, you agree to be bound to and abide by these linking Terms of Service.
8. Disclaimers and Liabilities
8.1. General Product Disclaimer: Unless otherwise stated on our Site, Joint Action Care expressly disclaims all representations and warranties, express or implied, regarding any Products offered on our Site or that you may order from us.
(i) Healthcare Disclaimer: The content and services offered by Joint Action Care are not intended as substitutes for professional medical advice, diagnosis, or treatment. We are not a licensed medical care provider and do not possess expertise in diagnosing, examining, or treating medical conditions, nor in determining the effect of any specific exercise or supplement on a medical condition.
(ii) No Medical Advice: Information provided through our Products, including the Joint Pain Relief supplement, is solely for informational purposes and should not be considered medical advice. It is not intended to replace advice from your physician or other healthcare professionals. Do not use our content or products to diagnose or treat health problems or diseases. Always consult a healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, have a medical condition, or are taking medication.
(iii) No Healthcare Provider Relationship: Utilising our Products does not establish a doctor-patient relationship between you and Joint Action Care. Our guidance should not substitute for professional consultations with healthcare experts.
(iv) User Responsibility: You acknowledge that your use of our products, including the Joint Pain Relief supplement, is at your own risk. We advise consulting a physician or healthcare professional regarding any pre-existing medical conditions before using our products.
(v) Limitation of Liability: To the fullest extent permitted by law, Joint Action Care, including our affiliates, employees, agents, or licensors, shall not be liable for any injuries, losses, claims, direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of our services or products, including the Joint Pain Relief supplement.
(vi) Exclusions of Liability: Joint Action Care is not responsible for losses not caused by our breach, any business loss (loss of sales, profits, contracts, anticipated savings, data, goodwill, or wasted expenditure), or any direct or consequential losses. Joint Action Care shall not be liable for any adverse reactions, side effects, or health issues arising from the use of the Joint Pain Relief supplement. Consumers are responsible for ensuring the product is suitable for their individual health conditions and for seeking medical advice before use.
(vii) Compliance with TGA Regulations: The Joint Pain Relief supplement is listed with the TGA (Therapeutic Goods Administration) and is manufactured in compliance with relevant Australian regulations. However, Joint Action Care does not guarantee the product’s suitability for all users, and it is the consumer's responsibility to ensure compliance with any applicable laws and regulations in their jurisdiction.
(viii) Indemnity: You agree to indemnify and hold Joint Action Care, its officers, directors, employees, agents, and affiliates, harmless from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Joint Pain Relief supplement or any breach of these Terms of Service.
9. Website Use
9.1. Website Content and Information: The information, content, and materials available on our website (www.jointactioncare.com) are provided for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information contained therein. Any reliance you place on such information is strictly at your own risk.
9.2. Third-Party Links and Content: Our website may contain links to third-party websites or content. These links are provided for your convenience only. Joint Action Care has no control over the content of these sites and does not endorse or assume any responsibility for them. Accessing linked sites is at your own risk, and you should review the terms and privacy policies applicable to those sites.
9.3. User-Generated Content: If users are allowed to post content on our website (e.g., reviews, comments), Joint Action Care reserves the right to remove any content that is deemed inappropriate, offensive, or in violation of our policies. Joint Action Care is not responsible for any user-generated content posted on the website.
9.4. Website Availability: We do not guarantee that our website will be available at all times or that it will be free from errors, viruses, or other harmful components. Joint Action Care shall not be liable for any disruption to the website, including any temporary unavailability due to maintenance or technical issues.
9.5. Prohibited Uses: You agree not to use our website for any unlawful purpose or in any way that could harm Joint Action Care, its employees, or other users. This includes but is not limited to transmitting any material that is defamatory, offensive, or otherwise objectionable, or that violates any law or the rights of others.
9.6. Indemnity for Website Use: You agree to indemnify and hold Joint Action Care, its officers, directors, employees, agents, and affiliates, harmless from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the website, your violation of these terms, or your infringement of any intellectual property or other rights of any third party.
10. Intellectual Property
10.1. Website Content Ownership: All content on the Joint Action Care website, including text, graphics, logos, images, and software, is the property of Joint Action Care or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from our website without our express written permission.
11. International Customs
11.1. If ordering Products from Joint Action Care outside of Australia, you may be subject to import duties and taxes, which are levied following the purchase of one of our Products. Any additional charges for customs clearance shall be borne by the Customer. Joint Action Care has no control over customs charges.
11.2. Customs policies vary depending on location, so we encourage you to contact your local customs office for further information.
11.3. When ordering from Joint Action Care from outside of Australia, you are considered the importer of record and shall comply with all laws and regulations of the country in which you are receiving the Products.
12. Payment
12.1. Accepted Methods of Payment: Joint Action Care accepts the methods of payment for purchases made on our Site listed on our Site at www.jointactioncare.com. We reserve the right to add or remove payment methods at our discretion.
12.2. Payment Processing: Upon placing an order, your payment method will be charged for the total purchase price, including GST and any applicable shipping fees. The customer is responsible for ensuring that sufficient funds are available and that payment details provided are accurate.
12.3. Subscription Payments: For subscription products, your payment method will be charged at the start of each subscription cycle. You are responsible for ensuring that your payment information is up-to-date to avoid any interruptions in service.
12.4. Non-Payment Consequences: Failure to make payment within 30 days of the due date may result in the initiation of collection procedures. This may include legal action and reporting to credit reporting agencies, which could affect your credit rating. Additionally, Joint Action Care may terminate or suspend your access to our products and services.
12.5. Payment Discrepancies: If you believe there is a discrepancy in your billing, please contact us immediately at support@jointactioncare.com. We will investigate and resolve any billing issues promptly.
12.6. Security: We take the security of your payment information seriously. Our Site uses industry-standard encryption technologies to ensure the secure transmission of your personal and payment information.
13. Applicable Law
13.1. This agreement is governed and shall be interpreted under the laws of New South Wales. Any dispute related to these Terms of Service will only be adjudicated in the courts of New South Wales, notwithstanding the foregoing. Joint Action Care reserves the right to institute proceedings against the Customer in the court having jurisdiction where a harm to Joint Action Care is occurring, or where the Customer has its seat. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
14. Amendments
14.1. Joint Action Care reserves the right to make changes to these Terms of Service, our website, our products, and our policies at any time by posting the changes on our Site. You will be subject to the Terms of Service available on our Site at the time you order products from us.
15. Indemnity
15.1. You agree to indemnify and hold Joint Action Care, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Joint Action Care by any third party due to or arising out of or in connection with your purchase, use and/or continuing engagement with any of our Products.
16. Severability
16.1. If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal, and the rest of these Terms of Service will still be considered valid and enforceable.
17. Waiver
17.1. If Customer violates these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where the Customer breaches these Terms of Service.
18. Data Protection
18.1. By placing an Order, the Customer agrees that Joint Action Care may collect, use, or share their personal data. Joint Action Care will treat data in line with our Privacy Policy available at www.jointactioncare.com.
19. Proprietary Rights
19.1. The Customer should not use Joint Action Care’s name, logo, trademarks, trade names, look and feel, or other proprietary rights (together “Proprietary Rights”) in any of its advertisements, communications, publications, or other work without the written permission of Joint Action Care. Neither the Customer nor its agents will register or use any trademark that may cause confusion with Joint Action Care Proprietary rights.
20. Contact
If you would like to contact a company employee, submit a complaint, or have questions about Joint Action Care’s Terms of Service, please contact support@jointactioncare.com.