Terms of Service

OVERVIEW

This website is operated by Ultrawellness, a trading name of Polra Enterprise Pty Ltd ("Ultrawellness," "we," "us," "our"). Ultrawellness is an Australian business offering ergonomic comfort and wellness products to customers within Australia. Ultrawellness offers 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.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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 territory of residence, or that 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.

Where we ship and who this Service is for: Our website, products, and shipping are currently intended for customers with a valid delivery address within Australia. If you place an order using an address outside Australia, we reserve the right to cancel that order and issue a full refund.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, except where doing so would be unlawful.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. However, we will always honour the price displayed and confirmed to you at checkout for any order already placed.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, except in relation to orders already placed and paid for, which will be honoured, replaced, or refunded in full.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Return and Refund Policy and, where applicable, our Risk-Free Trial & Warranty Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that your device's display of any colour will be perfectly accurate, but we do not use AI-generated or digitally altered imagery to misrepresent a product's true appearance, features, or scale.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

A note on wellness and comfort claims: Our products are designed to support general comfort and well-being. They are not medical devices, and any claims we make about comfort, sleep quality, or pain relief describe a typical or possible benefit, not a guaranteed outcome, individual results can vary from person to person. Nothing on this website is intended as medical advice, and our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. If you have a medical condition, please consult a qualified healthcare professional before use.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we cancel or change an order for any of these reasons, we will notify you and issue a full refund for any amount already charged.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return and Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other proprietary right, and will not contain unlawful, abusive, or obscene material, or any virus or malware. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions at any time, including after you have submitted an order.

If this happens, here's what you can expect: we will notify you as soon as reasonably practicable using the email or contact details provided at checkout, and you will have the choice of (a) continuing with your order under the corrected information, or (b) cancelling your order for a full refund. We will never knowingly charge you for, or ship you, something other than what you ordered without your agreement.

We undertake no obligation to update, amend, or clarify information on our site except as required by law. No specified update or refresh date on the Service should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any laws or regulations; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, or discriminate against any person; (f) to submit false or misleading information; (g) to transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered through it are provided "as is" and "as available," without warranties of any kind, to the maximum extent permitted by law.

Nothing in this section limits your rights under the Australian Consumer Law. Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms — including this disclaimer — is intended to exclude, restrict, or modify any right or remedy you have under the ACL or any other law that cannot lawfully be excluded.

Subject to the above, in no case shall Ultrawellness, Polra Enterprise Pty Ltd, or our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any product procured through it, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ultrawellness, Polra Enterprise Pty Ltd, and our affiliates, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.

SECTION 16 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site. If we reasonably believe you have breached these Terms, we may terminate this agreement and deny you access to the Service, without affecting any obligations or rights that arose before termination (including your rights under the ACL or any pending refund you're owed).

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us regarding use of the Service, superseding any prior agreements or communications.

SECTION 18 - GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Changes will apply prospectively and will not affect orders already placed. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@ultrawellnessstore.com.au.

About Ultrawellness

Business Name: Ultrawellness, operated by Polra Enterprise Pty Ltd
ABN: 19 674 409 566

Support Email: support@ultrawellnessstore.com.au

Customer Support Availability:
Monday – Friday: 9am – 5pm (AEST)
Saturday – Sunday: 10am – 2pm (AEST)