Terms and Conditions
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions “us”, “our” and “we” refers to The IBS Doctor and “you” and “your” refers to you, the client, visitor, website user or person using our website.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance of these terms govern you and your and The IBS Doctor’s rights and obligations to each other.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between two and fourteen days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or loss items is made at the discretion of The IBS Doctor.
Digital goods are delivered immediately. Please be aware that there an inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
The 28 Day program
IBS is a complicated disease and there are no quick fixes. Most people will benefit from the 28 day program, but some more severe and unique cases may need further treatment. For the program to have the best chance of being successful you must take the supplements as advised and follow the dietary advice. If you complete the 28 day program and are not satisfied with the results you will not be eligible for a refund, but we will happily assist you in treatment.
Returns and Refunds
The IBS Doctor handles returns and processes refunds in accordance with the Australian Consumer Law.
Should you wish to return your order, please notify us within three days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The IBS Doctor.
Links to other Websites
The IBS Doctor may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement or approval or arrangement between The IBS Doctor and the owners of those websites. The IBS Doctor takes no responsibility for any of the content found on the linked website. The IBS Doctor’s website may contain information or advertisements provided by third parties for which The IBS Doctor accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a “recommendation” only and we are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law The IBS Doctor absolutely disclaims all warranties, expressed or implied including but not limited to implied warranties of merchantability and fitness for any particular purpose. The IBS Doctor gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all time endeavour to have the most accurate, reliable and up to date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability or otherwise.
It is your sole responsibility and not the responsibility of The IBS Doctor to bear any and all costs of servicing, repairs or corrections. The applicable law of your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Limitation of Liability
It is an essential pre-condition of you using our website that you agree and accept that The IBS Doctor is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act 2010 (Commonwealth)
For the purposes of Schedule 2 of the Australian Consumer Law, in particular sections 51 to 53 (both inclusive), 64 and 64A of Part 3-2, Division, Subdivision A of the Competition and Consumer Act 2010 (Commonwealth), The IBS Doctor’s liability for any breach of a term of this agreement is limited to the supplying of the goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
You must be over eighteen years of age to use this website and to purchase any goods or services.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition we may use the information that you provide to improve our website and services but not for any other use.
Disclosure of Information
The IBS Doctor may be required, in certain circumstances, to disclose information in good faith and where The IBS Doctor is required to do so in the following circumstances, by law or by any Court, to enforce the terms of any customer agreements, or to protect the rights, property or safety of our customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The IBS Doctor. The IBS Doctor expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The IBS Doctor will hold you fully responsible for any loss that we sustain and further hold you accountable for all profits that you may make from such unpermitted and improper use. The IBS Doctor reserves the right to exclude and deny a person access to our website, services or information in our sole discretion.
Copyright, Trademark and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The IBS Doctor expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and The IBS Doctor concerning your use and access to The IBS Doctor’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void or unenforceable in any State or Territory then such a clause will not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of the State of Victoria and the Commonwealth of Australia. If there is a dispute between you and The IBS Doctor that results in litigation you must submit to the exclusive jurisdiction of the courts of the State of Victoria.
You hereby indemnify The IBS Doctor and undertake to keep The IBS Doctor indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The IBS Doctor to a third party in settlement of a claim or dispute on the advice of The IBS Doctor’s legal advisors) incurred or suffered by The IBS Doctor arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to The IBS Doctor’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The IBS Doctor may take such action as The IBS Doctor deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The IBS Doctor may transfer, sub-contract or otherwise deal with The IBS Doctor’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or which is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit The IBS Doctor’s liability in respect of any matter which it would be illegal or unlawful for The IBS Doctor to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity The IBS Doctor has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The IBS Doctor’s officers or employees in respect of any losses you suffer in connection with this website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liabilities set out in this website disclaimer will protect The IBS Doctor’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as directors of The IBS Doctor.