Introduction

http://www.themassageoilshop.com.au is owned and operated by The Massage Oil Shop a division of Health Shop Australia Pty Ltd (ABN: 81 996 827 532), and is here in referred to as 'the web site' and/or 'the site'. Access to the web site is subject to the user's acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the web site constitutes agreement to the Terms of Use. The Project owner reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the web site.

Privacy Policy

Introduction

The Massage Oil Shop regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all users, and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact Benedict Hughes at +61 (0)418 863 884

Medical Information and Disclaimer

Any information provided on the Website, including information relating to health and medical treatment, is provided to assist you with your own research. Health Shop Australia Pty Ltd does not represent or warrant in any way that such information is accurate, complete or correct.

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.

Collection of Information

In order to use the Health Shop Australia website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Health Shop Australia is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.

Use of Collection Information

Any details collected from Health Shop Australia customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

If you have any questions about security on our Website, you can email us at direct@healthshopaust.com

Access to Collected Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at direct@healthshopaust.com.

Orders

If you purchase a product or service from us, we may request certain personally identifiable

information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

From time to time Health Shop Australia and The Massage Oil Shop offer Promotional discounts codes for our valued customers, these are only available during the promotional period, the current promotion ends 30th August 2010

Communications

Health Shop Australia uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at direct@healthshopaust.com. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Third Parties

Health Shop Australia may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. Health Shop Australia does not share any information with third parties for any unknown or unrelated uses.

Legal

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on the Health Shop Australia site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of Healthshopaust.com

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.

Security Policy

The Massage Oil Shop uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.

- Payments are fully automated with an immediate response.

- Your complete credit card number cannot be viewed by Health Shop Australia or any outside party.

- All transactions are performed under 128 Bit SSL Certificate.

- All transaction data is encrypted for storage within eWAY's bank-grade data centre, further

protecting your credit card data.

- eWAY is an authorised third party processor for all the major Australian banks.

- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Health Shop Australia

For more information about eWAY and online credit card payments, please visit

http://www.eway.com.au

What are the shipping costs

Shipping is handled by Australia post and is calculated and displayed on the website before you checkout.

Please Note: If the actual Australia Post costs for an order exceed the amount of our invoice we reserve the right to contact you to confirm your order and arrange billing for any additional Australia post costs over and above the amount invoiced.

Shipping costs are based upon product weight and delivery location

Australian Deliveries

Anything with a weight under 500g being charged a flat rate of $8.50. For parcels above 500g and under 3kg they are charged a flat rate of $13.50

Heavier parcels will be calculated on a case by case basis depending upon delivery location and weight and this will be displayed before you finalise the purchase

International Deliveries

please contact us and we will arrange a custom quote for your order

Shipping times

In most cases after you order the goods are sent the same day or next day however if there is a problem with delivery such as if goods are unavailable or out of stock with our suppliers we will contact you to confirm the status

Most parcels arrive within 3 days, however for interstate, regional and remote areas please allow up to 10 days for postage.

If by then you have not received an order please check with your local post office in case they are holding your parcel for collection

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Australia Post within 7 working days; however if goods are unavailable delivery will take a little longer.

If you wish to query a delivery please contact us

Refund & Returns Policy

Any faulty or damaged stock received within 14 days will be replaced at no charge. Any orders which are delivered incorrectly through the fault of healthshopaust.com, will be replaced at no additional charge to the customer or a full refund of the initial charge.

In some circumstances, we may elect that a replacement product or repair is sufficient remedy instead of a credit note. This election will be at our sole discretion, but will only occur after consultation with you and in accordance with relevant warranties, other contracts and statutes.

Please email us at direct@healthshopaust.com within that time if you are not satisfied with your purchase so that we can resolve any problems. This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition.

We offer a return policy on products that are classified as following

Damaged in transit

• If damaged don't accept delivery from the courier and notify our Customer Service Staff.
• If you have already accepted delivery, and then notice that the product appears to have been damaged in transit, you should notify our Customer Service staff immediately.

Incorrect product - This is in case we shipped the wrong product

• In the advent that the product shipped is not what was ordered, please notify Customer Service Staff, so a replacement can be sent immediately

Unopened product

• All other products ordered incorrectly by the customer, can be refunded if informed within 7 days of dispatch and unopened on return. All postage and insurance costs will be incurred by the customer.
• We recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier.

Faulty product

• In the event that the product you have received is faulty on receipt or develops a fault, you may be able to return it.
• If the manufacturer directs you to return the product to the manufacturer, agent or a third party, then you should arrange for the product to be returned as directed and otherwise in accordance with the manufacturers returns policy. The manufacturer will then organize any refund, repair or replacement payable under the policy.

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the web site is Copyright © The web site, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The web site owner, except where authorised on the web site, or is expressly authorised in writing by the web site owner or its authorized partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The web site owner or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. The web site owner will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of the website owner is in any way objectionable or in violation of any applicable law or the Terms of Use, web site owner has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is the web site owner responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The web site owner reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to The Project

By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to the web site owner a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of the web site owner and any other party authorised by the web site owner all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of the web site owner, and expense of the user, the user will execute and deliver to the web site owner such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of the web site owner, and the web site owner is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. the web site owner provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the web site owner or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by the web site owner or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by the web site owner, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The web site owner is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to their terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by the web site owner of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). The web site does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) the web site owner and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) the web site owner does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) the web site owner does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not the web site owner) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of the web site owner) will the web site owner or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that the web site owner does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, the web site owners' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of to the following: in the case of services supplied or offered by the web site owner, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by the web site owner, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by the web site owner, and the web site owner may terminate this agreement and users' access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all the web site owner disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

The web site owner relies on the user's continued observance of these Terms of Use. If the web site owner suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify the web site owner for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Project is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.