Terms & Conditions

Welcome to Kiva Wellness

This website is operated by Kiva Wellness. Throughout the site, the terms “we,” “us,” and “our” refer to Kiva Wellness. By accessing our website (kivawellness.com.au) and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service” or “Terms”). These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any of our Services.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

1. Use of the Site

The content on our Site is provided for general information and may change over time. We strive to ensure the accuracy of the information, but please be aware that any use of the Site is your responsibility. Kiva Wellness is not liable for how you use or rely on the information provided.

2. Intellectual Property

All materials on this Site are owned by Kiva Wellness or our content suppliers. You may not reproduce or use any content without express permission.

3. Orders and Payment

By placing an order, you confirm that all provided details are accurate and that you are legally capable of entering into a binding contract. Payment must be made in full at the time of order through our secure payment gateways.

4. Shipping and Delivery

We offer free shipping Australia-wide for orders over $100. Delivery times are estimates and may vary. We are not responsible for delivery delays beyond our control.

5. Refunds and Returns

We offer a 30-day return policy for unused items in original condition, with proof of purchase. Return shipping costs are the responsibility of the customer. Contact support@kivawellness.com.au to initiate a return. Refunds will be processed within 10 business days of approval. Weather-damaged items and certain non-returnable items, like sale items and gift cards, are not eligible for returns. For faulty products, we will provide a repair or replacement.

6. Offers Terms

For all promotional offers, discounts, and special terms, please refer to our Offers Terms page.

7. Mobile Terms of Service

The Kiva Wellness mobile message service (the "Service") is operated by Kiva Wellness (“Kiva Wellness”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Kiva Wellness’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kiva Wellness through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kiva Wellness. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Kiva or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kiva Wellness mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Kiva or email support@kivawellness.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

8. Limitation of Liability

Kiva Wellness is not liable for any indirect, incidental, or consequential damages arising from the use of our Site or products.

9. Medical Disclaimer

Any information provided on this website is for general informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on this site. Your use of any information provided on this website is solely at your own risk.

10. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. If we suspect that you have failed to comply with any part of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

11. Entire Agreement

These Terms, along with any policies or rules posted by us on this site, constitute the entire agreement between you and us, governing your use of the Service. They supersede any prior agreements, communications, or proposals between you and us.

12. Governing Law

These Terms are governed by Australian law. Any disputes will be resolved in the courts of Australia.

13. Changes to 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 by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

14. Contact Information

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

Last updated: 06/11/2024