Terms of service

Welcome to our website - www.tonyferguson.com (Website). By visiting or using the Website including signing up for an account, you agree with Tony Ferguson Weight Management Pty Ltd ACN 166 526 665 (TFWM or we, us, our) to be bound by this Terms and Conditions (T&C).

Our Privacy Policy, Refund Policies and Shipping Policies are also incorporated into this T&Cs and you agree to be bound by it.

Please read these documents carefully before continuing. Together these documents form the legal agreement between TFWM and you.

In this T&C, 'you' means all person(s) accessing the Website or creating an account (Account) or purchasing products (Products) from our Website.

Our Privacy Policy details the types of personal information we collect, who can access the information and the purposes for which it may be used. We take your privacy very seriously. A copy of the latest version of our Privacy Policy can be found at: https://tonyferguson.com/policies/privacy-policy.

You are also deemed to have accepted the T&C if we provide you with a copy of the T&C through a hyperlink via email or SMS and you either notify us that you accept the T&C or continue to access the Website.

We may in the future offer you additional weight management related services including:

  • additional information and training about weight management;
  • health programs that may be of interest to you;
  • services offered by your chosen pharmacy, doctor or other health care provider; and
  • information regarding joining a clinical research program.

You acknowledge that the information you may receive in relation to the above examples may be matched and targeted to your purchases and activity on the Website.

TFWM will not disclose any identifiable personal (including sensitive) information about you to any third party providers of additional services unless you have provided express consent for us to do so. You may also opt out of the additional services at any time. Please contact us at the contact details provided in our Privacy Policy.

If you do not accept this T&C, you are not permitted to access and use the Website or create an Account.

WELCOME OFFER

The 10% off welcome voucher (Voucher) can only be sent to a valid email address or telephone number and must be a member of our communications database. There is no minimum spend required. The Voucher must be used in a single transaction only and is not transferable. The Voucher cannot be used in conjunction with any other offer and is not redeemable for cash. The Voucher can only be redeemed in full and will not be replaced if lost or stolen. One voucher per member. While stocks last. Voucher expires one month from the date the email is sent to you. You must still be subscribed to our email database at time of Voucher redemption.

LICENCE

Subject to the terms and conditions of this T&C, TFWM grants you a limited, non-exclusive, revocable personal, non-commercial, non-sublicensable, non-assignable and non-transferrable licence (Licence) to access, and use the Website (including all databases, data, and documentation contained within the Website, including any subsequent updates) solely for your own lawful, non-commercial and personal use on your devices.

You must not:

  • decompile, delete, reverse engineer, modify, copy, reproduce, disassemble, adapt, translate, or create any derivative works of, the Website, or any Intellectual Property Rights, products, or services obtained from us;
  • disseminate, distribute, transmit, display, perform, publish, directly or indirectly sell, transfer, offer for sale, license, assign, rent, timeshare or sublicense any part of the Website;
  • solely rely on the Website in connection with any critical application, which includes any medical application, or any application where failure or malfunction could lead to injury to persons or loss of life or property damage.

The Website is offered subject to the disclaimers in this T&C, accordingly you should always have contingencies in place rather than rely solely on the Website. Should you decide to solely rely on the Website for any critical purpose, TFWM disclaims any and all liability arising out of the use of the Website and you assume full responsibility for such use.

INFORMATION DISCLAIMER

TFWM is not a dietitian or qualified health care professional, medical practitioner, doctor or other health care provider. We do not give or provide any warranties whatsoever in relation to any information on the Website. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website is for informational purposes only and may be presented in summary or aggregate form.

Professional advice is required for any particular illness, disease, or other medical condition. Information of this sort is not to be taken as medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained on the Website is not intended nor is it implied to be a substitute for advice from a dietitian or other health care professional. Nothing contained on the Website is intended to be or should be taken for medical diagnosis or treatment.

Product images displayed are for representation purpose only. Actual product may differ from images shown.

COPYRIGHT AND TRADEMARK NOTICE

‘Tony Ferguson’ trade marks are used on the Website as trade marks only in Australia. ‘Tony Ferguson’ is a registered trade mark used under licence from TWC IP Pty Ltd.

The Website is owned and operated by TFWM. Unless otherwise specified, all material appearing on the Website, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (Content) as well as the selection, assembly and arrangement is subject to applicable copyright laws.

All audio and video clips are the sole property of TFWM or their respective content providers. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyright, trademark, or other intellectual property rights, and that these rights are valid and may be protected in all forms, media and technologies which exist now or are developed in the future.

You may use the Content on the Website only for the purpose of transacting on the Website and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without TFWM’s prior written permission.

All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD AND SERVICES PROVIDED

Except as expressly stated, TFWM makes no representations or warranties, either express or implied, of any kind with respect to Products sold or services provided through the Website. Except as expressly stated and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), TFWM expressly disclaims all warranties, express or implied, of any kind with respect to Products sold or services provided through the Website, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to TFWM arising from any Product sold or services provided on the Website shall be the price of the Product ordered or services provided. In no event shall TFWM, its related bodies corporate, its directors, officers, employees and representatives be liable for special, indirect, consequential, or punitive damages related to product sold or services provided.

DISCLAIMER FOR USE OF THE WEBSITE

You expressly agree that your use of the Website is at your sole risk. In no event will TFWM, its related bodies corporate, its directors, officers, employees and representatives, third-party content providers warrant that the Website will be uninterrupted or error-free. Additionally, TFWM does not make any warranty as to the results that may be obtained from the use of the Website, or use of the information, content, service, or Products provided through the Website.

TFWM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website, (ii) the cost of procurement of substitute Products and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your Account Information, transmissions or data; (iv) statements or conduct of any third party on the Website; (v) negligent or wilful acts of TFWM, its directors, officers, employees and representatives or (vi) any other matter relating to the Website.

You agree to indemnify and hold TFWM, and our related bodies corporate, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your breach of this T&C, or your violation of any rights of another.

ACCOUNT

You may wish to set up an Account to enable you to access and purchase the Products and services available from the Website and engage with us more conveniently.

In establishing an Account you agree to:

  • Provide true, accurate, current and complete information about yourself including your preferred payment method as prompted (Account Information) when registering for an Account; and
  • Maintain and promptly update the Account Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Website.

You are responsible for maintaining the confidentiality of your password and Account Information and are fully responsible for all activities that occur under your password and Account. You agree to immediately notify us of any unauthorised use of your password or Account or any other breach of security. Unauthorised use of your password and Account may result in third parties gaining access to your personal or health and sensitive information. TFWM considers all Account Information private. The information is kept on a secure server to protect it from outside parties.

PAYMENT METHODS

Credit Cards: We accept Visa, MasterCard, Afterpay, Paypal, Google Pay, Apple Pay, Shop Pay, Amex and Union Pay on the Website. There is no surcharge for Visa or Mastercard transactions on the Website. Please be sure to provide your exact billing address and telephone number - the address and phone number the financial institution provider of your credit card has on file for you. Incorrect information may cause a delay in processing your payments and order. Your credit card will be billed once your order has been processed. Your credit card is tokenised by Shopify Payments, which is the Website’s payment gateway provider. This is done to protect the security of your credit card details, as we do not store your card details at any point. Your personal and credit card information will be provided to Shopify Payments to process the payment. Your personal and credit card information will be held by Shopify Payments in accordance with their privacy policy. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

We do not accept money orders, cashier’s cheques, personal cheques and company cheques.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered. We may require additional verification or information before accepting any order.

An accepted order will be an agreement by us to sell and your agreement to purchase the Products as listed on the order. All prices for products are inclusive of GST (unless they are exempt from GST).

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, or use of the Website.

OUR RIGHTS

TFWM may elect to electronically monitor the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website, including providing it via third party software or application for the purpose of fulfilling an order; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring any Content.

TFWM may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.

APPLICABLE LAW

As far as legally possible the T&C shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Website, the Products the subject to an accepted order or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria Australia.

TERMINATION

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website or your Account with or without notice. You agree that any termination of your access to the Website or your Account may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account Information and all related information and files under your Account and bar any further access to such files or your Account. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or your Account.

GENERAL INFORMATION

The T&C, the Privacy Policy, and the Refund Policy and Shipping Policy constitute the entire agreement between TFWM and you and govern the use of the Website, the provision of the Products and your Account. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect.

We reserve the right, at any time, to change any terms of our agreement with you from time to time by updating the T&Cs, Privacy Policy or Refund and Shipping Policy on the Website.

SECURITY AND PRIVACY

You acknowledge that your access to the Website may be monitored and tracked by TFWM by the use of cookies and/or retailer IDs. TFWM does not sell, rent or give away your information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist TFWM in providing you with the Website, the Product and services, and in accordance with our Privacy Policy. In providing any personal information including your health and sensitive information through our Website (including through your use of an Account), you consent to us collecting, retaining and handling your personal information to provide you with the Website, the Products and services and to market (including by post, email or SMS) other products and services to you based on your activity. Any information provided by you or your browsers (including cookies) will be for the use of TFWM, the owner and operator of Website. The information, including your personal or health and sensitive information, will be retained, used by us, and disclosed in accordance with our Privacy Policy as set out at https://tonyferguson.com/policies/privacy-policy.

Other than as set out in our Privacy Policy, TFWM will not collect or disclose personal information about you or your browsing habits to any other third party, unless you give TFWM express permission to do so, or unless required to do so by law.

TFWM may disclose aggregated information about you in general and statistics related to the Website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from the Website may be monitored, intercepted or modified by other parties.

UPDATES TO PRIVACY POLICY

We may amend our Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our Website so that you will always be aware of how we manage your personal information.

LINKING AND FRAMING

Links to external sites from the Website are provided for convenience only and TFWM does not endorse or make any warranty with respect to such external sites.

WEBSITE AVAILABILITY

TFWM does not warrant that the Website will be available at any time. Users acknowledge that the Website may be unavailable for a number of reasons, including due to matters beyond TFWM’s control, and shall not hold TFWM accountable in respect of any claims arising therefrom. TFWM does not warrant that your access to the Website will meet any particular performance criteria.

ITEM AVAILABILITY & CATALOGUES

Not all items displayed in our catalogues will be available to purchase on the Website. Products will only be available while stocks last.

LIMITED PURCHASE QUANTITIES

TFWM reserves the right to monitor and limit the purchase amounts of products at its sole discretion. TFWM reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases TFWM will reduce product(s) to what we consider as commercial quantities.

10c REFUND AT COLLECTION AT DEPOTS/POINTS - CORRECTION

Our Ready-to-Drink (RTD) packaging states that it is eligible for a 10c refund at collection depots/points in participating state/territory of purchase. Please note that this is incorrect and that this product is only eligible for refund at recycle centres in NSW and SA.

INTERNATIONAL DESTINATION RESTRICTIONS

The Website only delivers orders to Australian postal addresses. Orders cannot be shipped to an international address.