1. Terms of Use

1.1. The website located at gardenofwellnessshop.com.au and all related pages ("Website") is owned and operated by MAX BIOCARE PTY. LTD ABN 95 107 235 692 (Garden of Wellness Shop).

1.2. Please read these Terms and Conditions ("Terms") carefully. By using our Website, you agree to be bound by the Terms. Placing an order on the Website also indicates your acceptance of the Terms.

1.3. In these Terms:

• “we”, “our” or “us” refers to Garden of Wellness Shop;
• “you” or “your” refers to any person accessing or using the Website;
• “Affiliate” means any related body corporate or related entity as defined under the Corporations Act 2001 (Cth).

2. Use of the Website

2.1. Unless otherwise approved in writing, you may only use the Website for personal use.

2.2. We aim to keep the Website accessible at all times, except when maintenance, updates or upgrades are required. Access may also be affected by factors outside of our control (such as your internet connection or device).

2.3. We may collect your personal information when you use the Website. For more details, please see our Privacy Policy.

2.4. Your only right in relation to the Website is to use it in accordance with the Terms.

2.5. We may monitor your use of the Website and reserve the right to limit, refuse, or cancel orders at our discretion. Additional information may be required before an order is accepted.

2.6. Information on this Website is provided for general health and wellness purposes only. It is not intended to replace professional medical advice or diagnose, treat, cure, or prevent any condition. Please consult a qualified health professional before use of any product.

3. Your Account

By creating an account with us, you agree that:

• all information provided is true, accurate, and current, and will be kept up to date;
• you are responsible for maintaining the confidentiality of your account details;
• you will be liable for all activity conducted under your account; and
• you will promptly notify us of any unauthorised use of your account.

4. Australian Consumer Laws

4.1. Our goods and services are supplied in accordance with Australian Consumer Law.

4.2. Nothing in the Terms excludes or modifies any statutory rights or guarantees that cannot be excluded ("Non-Excluded Guarantees").

4.3. To the maximum extent permitted by law, our liability for a breach of a Non-Excluded Guarantee is limited, at our option, to:

• replacement of the goods or the supply of equivalent goods;
• payment of the cost of replacing the goods or of acquiring equivalent goods;
• repair of the goods; or
• payment of the cost of having the goods repaired.

4.4. When consumer guarantees do not apply, we (including our staff, contractors, service providers, and affiliates) are not liable for any losses or damages you may experience from using our goods or services. This includes all types of damages, including but not limited to:

• Direct damages
• Indirect or consequential damages
• Special or incidental damages
• Any other losses arising from product use

4.5. You agree that you have not relied on our advice or judgment, or that of anyone representing us, in deciding whether the goods or services are suitable for your intended use. You confirm that you have independently assessed and satisfied yourself that they meet your needs.

5. Limitations on Use

By accessing and using the Website, you warrant and agree that you will not:

• use the Website for any purpose other than those permitted under these Terms;
• copy, reproduce, distribute, transmit, licence, alter, reverse engineer, adapt, or modify any part of the Website in any manner;
• remove, obscure, alter, or delete any copyright, trademark, or other proprietary rights notice displayed on the Website;
• use the Website for any activity that is obscene, indecent, offensive, or defamatory, as determined by us;
• attempt to hack, introduce viruses, or otherwise damage the Website or the information contained within it;
• tamper with, hinder, or make unauthorised modifications to the Website or its operation;
• use the Website with any incompatible, unauthorised, or harmful device;
• upload or use any material on the Website that infringes the intellectual property rights of any person or is unlawful;
• breach any other obligations contained in these Terms.

6. Content Standards

6.1. These standards apply to all material you contribute to our Website ("Contribution").

6.2. By uploading, transmitting, posting, or otherwise making a Contribution, you:

• grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit, and/or exploit the Contribution for any commercial or non-commercial purpose;
• warrant that the Contribution is accurate (where factual), genuinely held (where it expresses an opinion), and complies with all applicable laws in Australia; and
• give your unconditional and irrevocable consent to any act by us that may otherwise infringe your moral rights (as defined under the Copyright Act 1968 (Cth)) in relation to your Contribution.

6.3. We reserve the right, at our discretion (though not obliged), to:

• block the upload, transmission, posting, or availability of any Contribution;
• review, edit, reformat, reject, or remove any Contribution that, in our view, violates these Terms, or could harm, endanger, or infringe the rights of others; and
• monitor use of the Website and store or disclose information as necessary to investigate compliance with these Terms, or in response to a police investigation or government request.

6.4. You are fully responsible for any Contribution you make available on the Website. We accept no liability for Contributions uploaded, posted, transmitted, or otherwise made available by you or any other user.

6.5. You agree that your Contribution must not:

• defame any person;
• contain material that is obscene, offensive, hateful, or inflammatory;
• promote sexually explicit content;
• promote or incite violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe the intellectual property rights of any person;
• be misleading or deceptive;
• breach any legal duty owed to a Third-Party (e.g. contractual or confidentiality obligations);
• promote illegal activity;
• harass, upset, embarrass, alarm, or annoy another person;
• impersonate another person or misrepresent your identity or affiliation;
• suggest it originates from us, if this is not the case;
• be unlawful or otherwise violate applicable law; or
• include links or references to other goods, services, or websites.

6.6. We have sole discretion to decide whether any Contribution complies with clause 6.5.

6.7. By allowing Contributions on the Website, we do not endorse any opinion, advice, or statement made by you or any other contributor.

7. Technical Information and Security

7.1. The transmission of data over the internet and/or mobile networks is not always secure. While we take reasonable steps to protect the Website, you access and use it at your own risk. We are not responsible for any interference, loss, damage, or disruption to your computer, mobile device, or data that arises from using the Website.

7.2. You are responsible for:

• implementing your own security measures to ensure the accuracy and safety of your data input and output; and
• ensuring that any materials you download, use, or access through the Website are free from viruses or other elements that could harm or interfere with the operation of your computer or mobile device.

7.3. We do not guarantee that the Website will always function without interruption or error, or that it will be free from viruses, bugs, or other issues beyond our reasonable control.

8. Intellectual Property

8.1. The Website contains intellectual property, including trademarks, copyright, confidential information, and related goodwill or reputation, as well as any associated rights.

8.2. Unless otherwise permitted by law, you must assume all intellectual property on the Website is owned by us or our licensors and you must not:

• copy, modify, adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works from any part of the Website; or
• commercialise any information, products, or services obtained from the Website without our prior written consent.

8.3. Nothing on the Website grants you any licence or right to use any intellectual property without our express permission.

9. Third-Party Websites and Applications

9.1. The Website may include links to websites or applications owned or controlled by third parties ("Third-Party Websites"). We are not responsible for the operation, security, content, or any other aspect of these Third-Party Websites.

9.2. Links are provided for your convenience only and do not imply endorsement, approval, or affiliation with the linked websites, their owners, or their products and services.

9.3. We make no representations or warranties, and accept no liability, in relation to:

• the accuracy, completeness, or content of information on any Third-Party Website; or
• any loss or damage suffered from accessing, using, or relying on a Third-Party Website.

9.4. If you choose to access a Third-Party Website, you do so at your own risk. You should make your own assessment of the suitability, content, goods, and services offered.

10. Exclusion of Warranties

10.1. While we aim to ensure the accuracy of information on the Website, we do not guarantee that it is always complete, accurate, or up to date.

10.2. Goods displayed on the Website are shown for illustrative purposes only. Actual products delivered may differ in colour, shape, or size.

10.3. To the fullest extent permitted by law, we make no representations or warranties, express or implied, regarding the accuracy, completeness, suitability, reliability, or availability of:

• any material and/or information on the Website;
• the performance, security, or availability of the Website, goods, or services; or
• any loss, damage, or corruption of data or other material resulting from use of the Website.

10.4. Where liability cannot be excluded, our warranties in relation to the Website or its content are limited in accordance with the Competition and Consumer Act 2010 (Cth).

10.5. We do not guarantee that use of the Website, or the goods and services offered through it, will achieve your intended or desired outcome.

11. Limitation of Liability

11.1. To the fullest extent permitted by law, we and our officers, employees, agents, contractors, service providers, successors, and assigns are not liable for any loss or damage of any kind (including direct, indirect, incidental, special, consequential, or exemplary damages) arising from or connected with:

• your use of, or reliance on, any information or material provided on the Website;
• your access to or use of any Third-Party Websites;
• any unauthorised access to your account;
• any suspension, termination, or interruption of the Website, in whole or in part, for any reason; or
• any loss of profits, loss of opportunity, business interruption, or loss or corruption of data resulting from use of the Website.

11.2. Where liability cannot be excluded, our liability in relation to the Website and its contents is limited as set out under the Competition and Consumer Act 2010 (Cth).

11.3. You agree to indemnify and hold us and our affiliates harmless from any loss, damage, or costs we incur as a result of your breach of these Terms, or any other legal obligation arising from your use of, or conduct on, the Website.

12. Suspension or Termination

12.1. If we notify you of a breach and provide steps to remedy it, and you fail to take those steps within a reasonable time, you must immediately stop using the Website and any associated accounts.

12.2. We may, at our sole discretion, suspend or terminate your access to the Website and/or any account you hold with us if we believe you have breached these Terms.

12.3. We reserve the right to cease operating the Website at any time, without notice, which will result in termination of this agreement.

13. Email and SMS Notifications

13.1. By providing your email address and/or mobile phone number, you agree to receive communications from us via email ("Email Notifications") and text message ("SMS Notifications"). You can opt out at any time by:

• clicking “unsubscribe” in an email, or
• replying “opt out” to an SMS.

13.2. If you happen to receive a message from us after unsubscribing, please consider it an error and notify us right away.

14. Payments

14.1. All goods and services purchased on the Website must be paid for at the time of order.

14.2. Product prices and shipping rate displayed are in Australian dollars, include GST (as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)), and are current at the time of display but may change. If an item is listed at an incorrect price due to typographical or supplier error, we will notify you as soon as possible and cancel the order or part of it. If payment has already been taken, we will issue a refund.

14.3. We accept all major credit cards, Paypal, Afterpay, and Google Pay. Please ensure the billing details you provide match those associated with your card to avoid processing delays.

14.4. Gift cards are treated as cash and cannot be replaced, refunded, or redeemed for cash if lost, stolen, defaced, or expired. They may be used for goods and services on the Website only. If a purchase exceeds the gift card value, the balance must be paid by another method.

14.5. You are responsible for all transactions made using your credit card and/or gift card.

15. Delivery and Shipping

15.1. We are not liable for:

• duties, customs taxes, or delivery charges imposed;
• orders detained by customs, whether indefinitely or for extended periods; or
• loss of orders due to untraceable consignment numbers.

15.2. We cannot guarantee the quality of consumable goods (including baby food and baby formula products) in cases where shipping or delivery is delayed due to carrier fault or other causes beyond our control. In such cases, we will not be responsible for providing replacements or refunds.

16. General

16.1. We may amend these Terms or the Website at any time. Changes take effect immediately once published. Continued use of the Website constitutes acceptance of the changes. If you do not agree, you must stop using the Website.

16.2. If any part of these Terms is found to be invalid or unenforceable, that part will be severed, and the remainder will remain in full force and effect.

16.3. No waiver of any breach of these Terms is to be taken as a waiver of any other or subsequent breach.

17. Applicable Law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising under these Terms will be heard in the courts of Victoria, and you agree to submit to their non-exclusive jurisdiction. If you access the Website outside Australia, you are responsible for complying with applicable local laws.

This Terms & Conditions was published on October 6th, 2025.