Terms & Conditions

Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.

This site operates from the Destination Health office in Melbourne, Australia. Destination Health makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from locations where part or all content is illegal is prohibited. People who choose to access this site from other countries do so on their own initiative and are responsible for compliance with their local laws.

These terms and conditions specify the agreed terms of use for the desthealth.com website ("Website"). This agreement is between you, the person accessing and/or using the Website ("You") and Destination Health (ABN 59 007 167 768) ("Destination Health").

The Website is owned and operated by Destination Health. Your access to and/or use of the website is subject to Your agreement to and compliance with these terms and conditions.

By accessing and/or using the Website, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, you must stop using the Website immediately. This website may contain sexually explicit goods and/or information aimed at an adult audience. By using the website you consent to viewing explicit images or reading such text.

Destination Health may amend these terms and conditions from time to time, and will publish such amended terms and conditions on the Website. Your continued use of the Website after such amendment will constitute acceptance of the amended terms and conditions by you.

Terms in addition to those specified in these terms and conditions may apply to you if you purchase any item by means of the Website, or if you complete the registration process to become a member of Destination Health. By making any purchase or by registering for membership, you agree to be bound by any such terms.

PRIVACY

We respect the privacy of our users. Please take a moment to review our Privacy Policy. If you have any questions or comments regarding privacy contact us.
We strive to make the information as accurate as possible, but errors may appear.

INFORMATION & MEDICAL DISCLAIMER

Any information provided on the Website, including information relating to health and medical treatment, is provided to assist You with Your own research. Destination Health does not represent or warrant in any way that such information is accurate, complete or correct.

We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose web site we link. The links on this web site are designed for convenience only, and do not constitute an endorsement by Destination Health of that site or any product, service or other material offered on that site.

INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED TO BE TREATED AS MEDICAL ADVICE AND SHOULD NOT UNDER ANY CIRCUMSTANCES BE USED AS A SUBSTITUTE FOR A PROFESSIONAL DIAGNOSIS OR PROFESSIONAL MEDICAL TREATMENT OR ADVICE.

Always seek the advice of your health and/or medical practitioners, when researching any health or nutritional related treatments concerning yourself or others.

PAYMENT METHODS

Credit Cards:

We accept all major credit cards. There is no surcharge for using your credit card to make purchases with Destination Health. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfill your order or some items cannot be shipped, we will offer you a credit voucher or refund the difference back to your credit card.

Money Orders, Cashier's Cheques, Company Cheques and Personal Cheques:
Destination Health accepts money orders, cashier's cheques, personal cheques and company cheques in $AUS. only. Orders are processed upon receipt of a money order or cashier's cheque. For personal and company cheques, please allow up to 5 banking days after receipt for clearance of funds before the order is processed. Destination Health cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned cheques. Please see the full instructions below on how to pay using one of these methods.

PRICING POLICY

The prices displayed on this Site are quoted in Australian (AUD) dollars and are valid and effective only within Australia and such prices do not include shipping and handling. You are responsible for the payment of any shipping and handling charges that may apply to your order.

All goods include GST. Shipping costs include GST. The Purchase Confirmation/Tax Invoice will indicate the amount of GST paid.

Destination Health can ship internationally however these orders may need to be processed manually. All prices quoted on the site are those which will be used for international orders.

We work hard to provide accurate product image representation and pricing and product information. However, pricing, typographical or image errors may occur. In the event that an item is listed at an incorrect price, with incorrect information or out-dated photograph due to an error in pricing or product information, Destination Health shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

PRODUCT/REFUND POLICY

Any stock delivered to you in faulty or damaged and useable condition will be replaced at no charge or refunded by Destination Health. The choice the replace /refund is at Destination Health’s discretion. Sometimes during transit boxes might get slightly damaged. Provided that the product is usable, Destination Health is not under obligation to replace or refund goods. Email notification is needed for all faulty/damaged claims. Where damages have occurred, Destination Health may request photos of the damages.

If a product you receive does not match the description of the product that you ordered, Destination Health will replace the received product with a product that does match the description of the product You ordered, or You may receive a full refund of the purchase price.

If You order a product and subsequently decided that You do not want that product, that product can be returned and the purchase price refunded less postage and handling, provided that: a) You inform Destination Health (by email) within 7 days of dispatch; b) the product is returned to Destination Health unopened; and c) You pay all costs, including postage, to return the product to us. We will only refund costs once the goods have arrived back at our warehouse at 205 Victoria Street, Beaconsfield NSW 2015. We recommend you insure/register parcels being returned to Destination Health.

CONTACT DETAILS

Please ensure that you give exact billing address/shipping address and telephone numbers/s. incorrect information may cause a delay in processing your order.

UNAVAILABILITY OF STOCK

If stock for an ordered item is unavailable, Destination Health may cancel Your order (or part of Your order) and refund the purchase price to You. For the avoidance of doubt, cancellation of any part of an order in accordance with this clause may be made at any time, including after you have paid us for the order. Refunds will be made within 7 business days of the cancellation of Your order (or part of Your order).

APPLICABLE LAW

This agreement is governed by the law applicable in the State of New South Wales, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State.

While the Website may be used or accessed from outside of Australia, You accept full responsibility for such use or access, and warrant that you will comply with the law of the jurisdiction from which You use or access the Website at all times.

TERMINATION

Destination Health may terminate or suspend your access to all or part of the Website for any reason at any time without notice. In the event of termination, you will no longer be authorised to access the Website. Disclaimers and limitations or liability set out in these terms and conditions will survive termination.

VIRUS WARNING

Destination Health does not take responsibility for any material obtained with viruses or defects from or through the Website. Files may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

ACCESS TO THE WEBSITE

You are permitted to access and use the Website and the services on the Website solely for your personal, non-commercial use, subject to your continued compliance with these terms and conditions.

Destination Health does not warrant that:

a) usage of the Website, or any of the services, will be uninterrupted;
b) the content of the Website, including any information posted on the Website, is or will be       correct, up to date or error free; or
c) the Website or any of the equipment associated with the operation or delivery of the Website will be free of computer viruses or other harmful components.
You acknowledge that Destination Health expressly prohibits, and you agree not to access or use the Website to:
a) provide any false, misleading or deceptive information, including without limitation about your identity;
b) violate any law or regulation, or cause Wellbeing to violate any law or regulation;
c) be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;
d) harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
e) send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes or advertise any products or services by making any unsolicited contact with other users of the Website;
f) harvest or otherwise collect information about other users of the Website;
g) take any action that imposes an unreasonable or disproportionately large burden on the Website's infrastructure; or
h) deliberately distribute or execute any computer virus or any other program or code intended to disrupt or disable operations of the Website.

You agree that Destination Health may terminate or suspend Your access to and use of the Website, including if you register as a member of Destination Health, at any time in Destination Health's absolute discretion.

You agree that Destination Health may do all things necessary to work with and cooperate with law enforcement authorities and any other government body throughout the world in relation to Your access and use of the Website, including without limitation providing all such information about You and Your access and use of the Website to such law enforcement authorities and other government bodies.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights vested in any content and/or trademarks on the Website ("Content") are owned or licensed by Destination Health. Nothing on the Website should be construed as granting you or any other person any right to use any Content without the express permission of Destination Health or the owner of the intellectual property rights in Content, except where you are expressly licensed to do so in accordance with these terms and conditions.

Destination Health grants you a license to:

a) access or use the Content for any non-commercial purpose, provided that such access is via a standard web browser operated by a single human user connecting directly to the Website (unless otherwise authorised in these terms and conditions);
b) provide links, including deep links, to any section of the Website;
c) download or print copies of Content for any non-commercial use, provided that:

i. such downloads or prints are performed via a standard web browser operated by a single human user connected directly to the Website;
ii. the Website is prominently credited as the source of the Content; and
iii. the Content is copied in its entirety, including any advertisements, marks and copyright notices; and

d) automatically review and copy sections of the Website using "spiders", "crawlers" or "robots" solely for the purpose of creating an index so as to provide a publicly available search engine, and provided that only so much of the Website is copied as is required to provide the search facilities of the publicly available search engine.

The terms of the above license replace entirely any implied license terms that might otherwise apply to the Content. Destination Health explicitly prohibits use of the Content in any manner other than as licensed in these terms and conditions. Activities You must not engage in include:

a) except as specifically licensed above, making a copy, modification, adaptation or reselling or redistributing any Content;
b) any commercial use of Content, unless such use is authorised in writing by Destination Health;
c) any form of representation, including linking or framing, that could mislead or deceive a person into believing that the Content is from a source other than the Website;
d) except as specifically licensed above, any use of or access to the Website by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or
e) any access or use of the Website by any means that is contrary to the commercial interests of Destination Health (eg, to facilitate a means of encouraging users of the Website to use another website offering services similar to those available from the Website).

FRAUD

Any party engaged in illegal activities involving the use of the Website will be subject to civil and criminal sanctions and prosecution. Destination Health does not guarantee that it will be able to prevent any illegal or inappropriate use of the Website, nor that it will give notice of any illegal or inappropriate use of the Website. It is illegal to commit fraud, by placing orders under a false name or making any purchase with a fraudulently obtained credit card or without the consent of the cardholder. All persons found to have placed a fraudulent order will be prosecuted. All criminal activity will be reported to relevant state and federal authorities.

You indemnify Destination Health and all its related entities against all expenses, losses, damages and costs (on a full indemnity basis) incurred by or awarded against Destination Health arising directly or indirectly out of any claim by any person in relation to Your fraudulent, misleading or deceptive conduct in connection with the Website.

LIABILITY AND INDEMNITY

Other that warranties and conditions implied by relevant legislation, the exclusion of which from an agreement would contravene a statute or cause part or all of this agreement to be void ("Non-excludable Conditions"), Destination Health excludes from this agreement all conditions, warranties and terms implied by statute, general law or custom.

Except for liability in relation to breach of any Non-excludable Condition, You agree that Destination Health (including its directors, officers, employees and representatives) is excluded from all liability for any loss or damage including without limitation liability arising in contract, tort (including negligence) or bailment. For the avoidance of doubt, Destination Health is excluded from liability for any consequential or indirect loss or damage, including without limitation loss of profits, arising out of or in relation to the use of or access to, or any inability to use or access, the Website, whether in contract, tort (including negligence) or otherwise.

For breach of any Non-excludable Condition (other than one in relation to which liability cannot be limited), Destination Health's liability is limited, at its option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again the services in respect of which the breach occurred.

You agree to defend, indemnify and hold harmless Destination Health and its related entities, representatives, partners, directors, agents and employees from and against any and all liabilities, claims, costs, losses, damages and expenses, including legal fees, that arise out of or in connection with Your access to or use of the Website, including without limitation such liabilities, claims, costs, losses, damages and expenses that arise due to Your breach of these terms and conditions.

Destination Health IS NOT RESPONSIBLE FOR EXTERNAL WEBSITES
The Website may contain links to websites or resources that Destination Health does not control ("External Websites"). External Websites may also provide links to the Website, or to a part of the Website. You acknowledge that:

a) links to External Websites are provided for Your convenience, and do not constitute any endorsement of those External Websites by Destination Health; and
b) Destination Health is not responsible for the content of External Websites.

YOUR ACCOUNT

You are responsible for keeping Your account and password confidential and You must immediately notify Destination Health of any unauthorized use of Your account or password or any other security breach. Destination Health considers your registration information to be confidential information and will take reasonable steps to protect that confidential information, including keeping it on server we have protected by means of reasonable security procedures. Destination Health uses information provided by You, for the purposes of maintaining Your account & processing Your orders, and to notify You of products or special offers that may be of interest to You.