Introduction

This website, www.theglowprotocol.com.au is owned and operated by Susie Garden Wellness Pty Ltd, ACN 639 632 750. Throughout the site, the terms “we”, “us” and “our” refer to Susie Garden Wellness Pty Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

If you have any questions or need further information, please contact:

Susie Garden
support@theglowprotocol.com.au
Postal Address – PO Box 162 Burleigh Town, Qld, Australia, 4220

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from us. We know it’s a bit boring but please take a moment to read it, as it sets out the terms of our relationship so that we may both benefit from clear boundaries and knowing what to expect from each other.

When you visit this website or purchase our products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t agree, you should not continue to visit this website or purchase from us, which would make us sad, but we completely understand.

This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AUD) and are GST inclusive.  We reserve the right to amend our prices at any time

Legal title to all products purchased on this website passes to you when we receive payment ("Product Sale"). By purchasing, you agree that the relevant Product Sale is to be taken to have occurred and the sales contract formed in Queensland, Australia and is to be governed by the laws of Queensland, Australia, notwithstanding the location in which you reside or are located at the time you place your order or make your payment. Following the Product Sale, the transportation of your ordered product to your address for delivery is undertaken by the transportation carrier acting as your agent ("Delivery"). For the avoidance of doubt, Product Sale or Delivery shall not be construed or interpreted as creating any agency relationship between Susie Garden Wellness Pty Ltd and any person, including you.

Delivery of your ordered product will be as set out on our website.  Our terms of payment are set out on the order page.

All risk of loss or damage to your ordered product passes to you when we despatch the product. However, please contact us at support@theglowprotocol.com.au  if your item/s arrives damaged so we can assess the situation and work out a solution. You may be requested to provide a photograph of your item/s and /or delivery package to aid a speedy resolution.

Information and Products Disclaimer

On this website and our social media accounts you may find information about health, wellness and specific information about the supplements that can be purchased. This information is provided solely for your information and to help you make informed purchasing decisions. This information is not intended to diagnose, treat, cure or prevent any disease.

Professional advice is required for any particular illness, disease, infection, injury or other medical condition and for dosages of the products supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. None of our Products are intended to treat any medical condition. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment or health supplement, continuing with medical treatment or health supplement or with any questions you may have regarding yours or any other parties’ medical condition.

Nothing contained on our site is intended to be or should be taken for medical diagnosis or treatment.

Always read the label before use and use only as directed.

Vitamins are not a substitute for good nutrition or a balanced diet and are not superior to, or more beneficial than, dietary nutrients.

Normal health may not be affected by taking vitamin supplements.

We take lots of care to provide valuable information but we cannot be responsible for the use that you make of that information.

Please be aware that the generalised health information we provide is never a substitute for professional advice specific to your individual circumstances.

There is no professional relationship formed by your visit to our website.

While we take all reasonable care to ensure that the information we provide is accurate, relevant and up to date, we make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error.  If you find something that seems problematic, it would be very helpful to let us know.

We may modify the content provided on this website at any time, including altering or deleting it without notice.

Testimonials

Any testimonials or results we may display on this website are based on those of our previous and current customers.  Results may vary and they are not guarantees that anyone else will achieve the same results.

Visitor Responsibilities

You are responsible for your own safety and well-being while browsing the internet.  The information we provide in our content is generic and is not a substitute for specialised advice tailored to your unique circumstances.  Do not take action or make major life decisions without first seeking independent, appropriately qualified professional advice specific to your individual needs.

Downloads

This site may offer paid or free downloads. While every effort is made to ensure these downloads are safe and hassle free, we are not responsible for any viruses or other damage which might occur as a result of you downloading material from this site.  Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without our knowledge or consent.

External Links

From time to time we may provide links to external sites. We have no control over the information provided on these sites and the links are solely for your information, education or entertainment.

Our intention in offering these products is to support health and wellbeing by providing access to practitioner quality nutritional supplements.

Limitation of Liability

Except as expressly stated herein, Susie Garden Wellness Pty Ltd makes no representations or warranties, either express or implied, of any kind with respect to products sold on our site. Except as expressly stated herein Susie Garden Wellness Pty Ltd expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the 'consumer guarantees' outlined in the Australian Consumer Law (found at: www.accc.gov.au). You agree that the sole and exclusive maximum liability to Susie Garden Wellness Pty Ltd arising from any product sold on our site shall be the price of the product ordered. In no event shall Susie Garden Wellness Pty Ltd, its related entities or its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to any product sold

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

Indemnity

You agree to defend, indemnify and hold harmless Susie Garden Wellness Pty Ltd its officers, directors, employees and agents and its Related Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to our Site and your use of any Products;
  • your violation of any term or condition of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

Dispute Resolution and Jurisdiction

NEGOTIATION

If you have any concerns, issues or complaint arising out or your use of this website, our products or services or these terms and conditions, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us at alert@theglowprotocol.com.au and expect a response within 2 business days.

MEDIATION

If the dispute cannot be resolved by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society in Queensland or similar neutral authority.

 We agree to share all costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

NON-DISPARAGEMENT

If a dispute arises, we all agree that we will not engage in any public discussion about the issues, we will behave politely towards each other and we will avoid any conduct or communication which might reasonably be expected to unreasonably interfere with any other person’s business or personal interests.

Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Queensland, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

Non-waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Intellectual Property

Trade Marks

We own the unregistered trademarks, logos and service marks displayed on this website, including The Glow ProtocolÔ.  These trademarks, whether registered or unregistered, may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages Susie Garden Wellness Pty Ltd.

LICENSED TRADE MARKS

We are authorised to display Ashwagandha KSM66® under license by Ixoreal.

Payment Terms

All prices quoted on the website are in Australian Dollars (AUD) and include GST. Costs relating to international orders including currency conversion rates that you are charged via your bank may vary and are the responsibility of the customer.

Please be aware that additional customs charges or fees may be payable upon collection of your order. Customs charges or fees are not included or covered by Susie Garden Wellness Pty Ltd and are solely the responsibility of the customer.

We reserve the right to vary the prices displayed on the website without notice to you.

Payment: We accept payment via Visa, Mastercard, American Express, Paypal and After Pay (After Pay Australian customers only). You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at support@theglowprotocol.com.au

All Products available from our Site are subject to consumer protections under the Australian Consumer Law.

Once your order has been successfully processed you will receive an order confirmation via email.

SECURITY POLICY

We do not have access to your credit card/account details.  Any financial information you enter is stored under the relevant financial institution’s security policy (ie PayPal, Strips, AfterPay, etc.).

CANCELLATIONS

Due to our fast dispatch process, any order cancellations or changes to your order will need to be made as soon as possible. If you do need to make a change or cancel your order please email alert@theglowprotocol.com.au providing your full name, email address and order number and our team will confirm with you via email. Providing this information does not guarantee that the order will be cancelled however we will do our best to stop the order before it is shipped. Unfortunately, we are unable to make any changes or cancellations once your order has been shipped.

Where a product has been listed at the incorrect price, with incorrect descriptive information or image due to a typographical error, or with a similar oversight, we reserve the right to cancel your transaction.

Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

SUBCRIPTIONS

If you purchase a subscription through our website you agree to have the product shipped to you monthly. Your subscription will continue on a recurring monthly basis until you choose to cancel. Your monthly payment will be deducted from your nominated payment method and once successfully processed, your order will be shipped within 24 hours.

There is no subscription fee associated with your monthly subscription. You will only be charged for the cost of the product and if outside of Australia shipping costs may be applicable.

Subscriptions can be cancelled at any time by logging into your account and navigating to “manage subscription”. Cancellations will be processed within 1-3 business days. If your subscription order is shipped before the cancellation is processed returns are not accepted due to health regulations.

USER ACCOUNTS

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

Respectful Communication

COMMENTS POLICY

We like to create a safe and welcoming environment and we reserve the right to delete any comments on our website or social media accounts which are rude, offensive or which we deem to be unacceptable.