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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.