Terms & Conditions

1. Preamble

These terms and conditions are prepared for One Life Business Pty Ltd (ABN: 615 036 407), trading as “Optimal Male Health” (herein referred to as “Optimal”). This website and its contents are owned and provided by Optimal.

2. Definitions

Client/Customer (you, your) means the person receiving the goods and services as ordered from Optimal. Program/Products/Services means the goods and or services, which comprise the intellectual property of Optimal and will be delivered for the length of time agreed between you and Optimal in return for fees as agreed. The delivery of goods and services will vary per product and may include an initial consultation, ongoing consultations, assessments/reassessments, further testing where deemed necessary by the provision of an Optimal Physician, events, seminars, telephone calls and any other goods or services provided to you by the Optimal team or affiliates. Goods include any products delivered as part of your Program or separately, including without limitation, oral health supplements, skin patches, injectables and customised medications developed within or externally to your Program. Where customised medication is prescribed it will be sourced by us from a registered compounding pharmacist on your behalf in accordance with your prescription and will be delivered to you directly from the pharmacist at the postal address you provide. Consultation/s means any communication between us and you, regardless of who initiates the contact. Intellectual Property means any Program, Product, or Service, any materials, information, photographs, illustrations, artwork, food guides, meal plans, brochures, materials displayed on any of our website, social pages, portals, emails or other methods of communicating with you directly or via a broad communication platform, logos, trademarks and patents.

3. Access

Access to and use of this website is subject to the following terms and conditions. By using this website or the goods and services purchased through this website or Optimal by any other means, you agree to and are bound by these terms and conditions. Optimal reserves the right to amend these terms and conditions at any time without notice. The current version will always reflect the current range of products and policies. It is your responsibility to regularly check the legal Terms of Use before using the website or the products offered or sold to you.

4. Scope & Application

These Terms and Conditions:

a. apply to any purchase of goods and/or services from Optimal; and
b. may be amended from time to time. The most up to date version always applies and will be available on our website: www.optimalmalehealth.com.au
Not withstanding clause 4.(b) above, Optimal reserves the right to recover reasonable administration costs associated with a customer terminating any contract created with Optimal under these conditions.

5. Information

The Optimal website provides information to users of the intended demographic (Australia and New Zealand) and complied with the applicable laws and regulations of those geographies. Optimal reserves the right to limit or refuse the supply of product to any person based on the applicable laws and regulations. If a product is prohibited by any jurisdiction, the product offered shall not be offered in that jurisdiction. Nothing on the Optimal website or the product literature will be interpreted as promoting and product that is not authorised under the laws and regulations of the jurisdiction where you are located. If advise or recommendations are given they will be understood to be non-binding.

6. Restrictions

You agree that you will:

(a) Use the website and/or the product/s in accordance with the terms and conditions and will not use the website and/or the product/s for any unlawful purchase.
(b) Only use the website and/or the products/ for your personal and non-commercial use; and
(c) Not violate or attempt to violate the security of the website, nor violate any right of Optimal. By accessing the website or purchasing the product/s available for purchase on the website, you are deemed to have read, understood and accepted the terms and conditions of these Terms and Conditions.

7. Program Length

Use of this website does not constitute a binding agreement to purchase any product/s or service/s available for purchase on the Optimal website. Additionally, specific conditions apply to different products and/or services provided by Optimal which will be brought to your attention at the time Optimal supplies the good and/or services to you.

8. Branding

All intellectual property in any material or content displayed on this website, including, but not limited to, trademarks, logos and trade names belonging to Optimal, its affiliates, or licensors, and are used with Optimal’s permission. This clause will apply to all trademarks displayed on this website, whether or not appearing with the trademark or registered symbol.

9. Copyright

All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for personal use you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Optimal’s explicit written permission.

10. Hyperlinks

Any third party reference to any website of Optimal via hyperlink is only permitted with the prior explicit written approval of Optimal makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Optimal’s website. For the convenience of visitors to this website, Optimal may provide hyperlinks to other websites. By providing such educational/informative aids, Optimal in no way represents that it has approved the content of those websites, and id neither responsible for the content of such websites nor liable for any damage or injury result for reliance/adherence to such content.

11. Forward Statements

The website may include forward-looking statements. These statements are based on the reasonable beliefs of Optimal’s management in conjunction with researched information currently available to Optimal’s management. Many factors that Optimal are unable to predict with accuracy may cause Optimal’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements, including (but not limited to) the composition of Optimal’s goods and/or services portfolio.

12. Warranties and Representations

The Optimal website and the information, images, names, logos, pictures and icons relating to it and its products and provided “as is” and on an “is available” basis. Except for any implied condition, warranty, representation or consumer guarantee, the exclusion of which would contravene any statue or cause this provision to be void (non-excludable condition), and to the extent permitted by law, Optimal make no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by the applicable governing law, including without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosure and non-infringement.

13. User Participation

You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the content. Optimal may monitor or review all communications and materials created and transmitted or submitted by users accessing this website and have sole discretion on whether to upload the submitted content onto its website for public viewing.

Whilst not in any way responsible for the content of communications and materials, Optimal reserves the right to block or remove communications that it deems are:

14. Rights to User Submission

Except for any personally identifiable information Optimal may collect from you in accordance with Optimal’s Privacy Policy, any material, information or other communication you transmit, upload or post to this website will considered non-confidential and non-proprietary. You grant Optimal the right to use the name that you submit in connection with such consent and warrant that:

15. Liability

Except as provided by law pursuant to a non-excludable condition, Optimal will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by law, if your use of this website relates to the purchase of any Optimal product:

You agree that Optimal’s liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.

Optimal’ failure to require your performance of any terms and conditions of this Legal Terms of Use shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any of these terms and conditions be taken or held to be a waiver of future breaches of these terms and conditions. No failure to exercise and no delay by Optimal in exercising any right, remedy, power or privilege under these terms and conditions and no course of dealing, shall be construed or operate as a waiver of these terms and conditions.

16. Sale of Product

a. Eligibility
To be eligible to purchase goods on this website and to lawfully enter into and form a contract with Optimal under Australian law you must be the owner of a valid debit or credit card. Additionally you agree that you have read and understood the information available to you on this website and any other sources you may come across at your discretion. By authorising an order with us, you warrant that:
i. You are capable of entering into a legally binding contract with Optimal
ii. You are authorised and able to make payment via the method you have chosen
iii. The information you have provided to us is correct.

b. Programs
Optimal makes every effort to ensure accuracy in program information published on the website and communicated to you by any other means. To the extent permitted by law, Optimal does not warrant the descriptions or any other content available on the website is accurate, complete, reliable, current or error free.
i. Program Lengths
Optimal Programs are offered at varying lengths, allowing you choice of commitment to the Program. You will be advised on the best suggested program for you during your first Consultation.
1. The start date of your Program will be considered 7 days following your Initial Consult.
2. The end date of your Program will be considered to occur at the end of the number of months of your selected Program, following the date 7 days after your initial consult.
3. Programs may be extended past the initially determined end date should you wish to continue your Program at an additional fee that can be discussed with a Customer Experience Manager.
ii. Program Requirements
When you agree to purchase goods and/or services from Optimal, you are required to follow the correct protocols of the program in order to achieve the best possible results.
By purchasing a Program/Product from you, you agree to:
1. Filly and transparently inform your Physician of your medical history and any other potentially relevant factor, and fully and truthfully answer any questions asked of you by any representative of Optimal;
2. Proactively ask your Physician about any possible side effects of the recommended treatment;
3. Notify your Physician if you suspect you encounter any problem with the Program/Products, or may develop any significant health complication whether related to the Program or otherwise;
4. ACKNOWLEDGE THAT YOU MUST STOP TAKING ANY SUPPLEMENTS/PRESCRIBED MEDICATIONS IMMEDIATELY if you experience side effects and advise your Customer Experience Manager as soon as reasonably possible in order to schedule a reassessment with your Physician who may or may not deem it necessary to alter various aspects of the delivery of your Program/Product; and
5. Adhere to any and all instructions and/or directions provided by your Physician, your Customer Experience Manager, or any other member of the Optimal Team.
Additionally, you understand that you are required to give your Customer Experience Manager 5-10 days notice should you be prescribed medication and require a repeat order.

c. Prices
i. All prices indicated for products available via this website are in Australian dollars and inclusive of applicable GST.
ii. Unless otherwise stated, prices include delivery charges.
iii. Discounted prices may be offered on occasion at the discretion of Optimal and in line with regulations as set out by the ACCC.

d. Personal Use
The products available on this website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us.

e. Placing an Order
The Optimal website gives you all the information required to guide you through scheduling your initial consult, required to place an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to placing your order should you wish to do so. Once you have placed your order, Optimal will send you an email acknowledgement by way of receipt outlining the value of your order, and payment terms (where a payment plan has been agreed to by Optimal and you). If you require any information regarding your order please contact one of our Experience Managers on 1300 857 283 or by email: info@optimalmalehealth.com.au.

f. Payment
Payment can be made with valid credit cards (Visa, Mastercard, AMEX) or by direct transfer to our bank account. Payment, either in full or partially as arranged, is due at the time the order is placed. In some cases, arrangements may be made for ongoing weekly, fortnightly or monthly payments for the Program you have purchased. In some cases, Optimal may delegate receipt of your payment to a third party. Where this is the case, it will be communicated at point of sale and on the tax invoice issued to you. i. Payment Plans
You agree to the following terms when a partial payment plan is agreed:
1. You will not, for the term of the selected plan, cancel that authority or otherwise alter it or render it of no effect by making changes to your financial arrangements; and
2. We will continue to provide the Service and to charge the associated agreed fees for the length of the selected Program.
Such arrangements will be communicated on the tax invoice issued to you at the point of your first payment.
ii. Month-to-Month Programs
Where month-to-month subscription programs are offered, the minimum cost will be two months of that Program price. Month-to-month Programs may be cancelled at any time following the initial period of two months, with a minimum one months notice in writing.
Note: Refunds will not be offered for month-to-month subscription Programs unless the goods/services are faulty or deemed to be not as described in line with the governing ACCC regulations.
iii. Failed Payments
1. Where an attempt is made to secure payment from the nominated credit card or bank account and that attempt fails, we will contact you by telephone and the email address you have supplied to us and advise that your account is in arrears.
2. Optimal will continue to attempt to take the payment owed on a three-day rolling basis. Until that attempt is successful, service will remain suspended.
3. Where the reattempted payments fail three times in a row, your service will be suspended until contact can be made with you and your payments brought up-to-date.
4. Additional fees may be charged where attempt at payment has failed.
5. If no contact is able to be made, a demand will be sent by email for any outstanding amount owed to Optimal by you. We will additionally demand that all Product components be returned, and commence legal proceedings to secure the balance of monies owed to us (as agreed by you by agreeing to purchase the product).

g. Refund/Cancellation Policy
If you cancel for change of mind in the 48 hour cooling off period, you will still incur fees for Admin, Dr Bookings and intellectual property sent out.
i. A refund will be provided to you where an Optimal Physician has deemed that you are medically unsuitable for the Program and where no part of the Program has been released to you.
ii. Any refund or partial refund issued will be paid by EFT to your nominated bank account within 21 days of your refund being approved.
iii. Any request for a refund must be made in writing by either post or email addressed to your Customer Experience Manager.
iv. Following your request, your Customer Experience Manager will liaise with you around the circumstances and reason you are requesting a refund.
v. Where a refund has been agreed to by an Optimal Manager, the following table [Schedule 1] outlines the maximum amount you may be refunded taking into account the amount paid by you to date, the length of time you have been on the Program and the Program components that have been delivered/provided to you.
iv. Payment is split into two portions: (a) a non-refundable deposit and (b) the remaining balance.
1. You may pay both portions (the full amount) up-front or pay the deposit initially and subsequently pay the remaining balance.
2. If both portions are paid in full, a minimum $500 non-refundable deposit is included.

h. Credit Card Charge Back Policy

Optimal considers credit card charge backs to be an act of fraud in circumstances where you have received the product as described, agreed to the payment terms as outlined on your receipt and make no reasonable effort to request a refund as outlined in order to allow Optimal to address your concerns, resolve any discrepancy or – at Optimal’s discretion – provide you a refund.

You agree that your contract with Optimal is legally bidning and you filing a dispute/charge back claim with your financial provider for any circumstance that contradicts our Terms and Conditions to which you agreed is fraudulent and may result in business and/or legal fees, research costs and loss of revenue for which you will be liable.

Should you breach this policy, Optimal will seek to recover costs incurred via a third party collection agency and your account will be listed as a delinquent collection account which may damage your credit rating.

17. Delivery Policy

The Programs available for purchase are designed to be used over a period of time, during which delivery of products and services may be ongoing.

a. The first stage of your selected Program comprises the intellectual property of the Program, your initial consultation and first despatch of product (where a product had been purchased). These elements will be delivered separately and the sequence identified at point of sale and in your welcome email following successful payment.

b. From time to time products may be temporarily or permanently unavailable. Should this be the case you will be contacted by a Customer Experience Manager and will be advised of the expected delivery or to discuss how we can best compensate you.

c. We only ship to addresses in Australia.

18. Capability, Liability & Governing Law

Doctors and/or Physicians who consult for Optimal as part of your Program are registered medical practitioners familiar with their treatment plans. The Pharmacist we source your compound presction from are registered Pharmacists. Doctors, Physicians and Pharmacists are responsible for their own professional conduct with respect to their duties and obligations as registered medical practitioners.

a. You release Optimal from, and indemnify Optimal against any and all claims by you in connection with any adverse circumstance that you may encounter as the result of Program components and or additional information available on our website or any other electronic platform through which me may seek to communicate from time-to-time.

b. The Optimal Team have thorough knowledge and understanding of the Products and Programs available, however the Optimal Team are NOT registered medical practitioners and do not purport to represent the Company as such.

c. To the fullest extent permitted by applicable laws, Optimal excludes all liability (where contractual tortious or otherwise) for consequential loss suffered by you under or in connections with this Agreement, the products and/or programs, and limit any residual liability to you under or in connection with this Agreement, the products/programs to the fees paid by you.

d. This agreement is governed by the State of New South Wales where the Optimal Head Office is located, and the Commonwealth of Australia.

Contact Information

SMS ‘consult’ to 0488 824 591

1300-859-042

info@optimalmalehealth.com.au

Charities

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