MONDAY—SUNDAY

Terms of Use

Welcome to the MONDAY—SUNDAY website. When you access and use our website or purchase products from our website you agree to be bound by, and comply with, these terms and conditions and any changes that we make to them from time to time (“Website Terms”).

The Website Terms include our Privacy Policy, Self-Care Assessment Terms and Conditions. The Website Terms form an agreement between you and The CBD Guys Pty Ltd (ACN 647 794 698) (trading as MONDAY—SUNDAY). Please review the Website Terms carefully to ensure you understand and agree with them. If you do not agree, please cease using our website.

  • Information Provided On Our Website
  • Your Use Of Our Website
  • Third Party Websites
  • Promotions, Competitions And Discounts
  • Intellectual Property
  • Privacy
  • Customer Testimonials, Ratings And Reviews
  • Governing Law
  • Updates To These Website Terms

1. INFORMATION PROVIDED ON OUR WEBSITE

1.1. We do not provide medical advice. The website and the services offer health and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace professional healthcare advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a healthcare professional. The use of any information provided on the website is solely at your own risk. Nothing stated or posted on the website or available through any services are intended to be, and must not be taken to be, the practice of medical or counselling care.

1.2. Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature. While we all take reasonable steps to ensure the accuracy and completeness of the information and content (including product descriptions) on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date. Product images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to that product.

1.3. We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you. We do not warrant and do not represent that our website and the content are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.

1.4. To the maximum extent permitted by law (including, without limitation, the ACL) in no event will MONDAY—SUNDAY, our officers, directors, employees or agents be responsible for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

2. YOUR USE OF OUR WEBSITE

2.1. You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not, in relation to any content you post or submit on the website (Posts):

  1. defame, abuse, intimidate, harass, threaten or offend us, our employees, officers, agents or other individuals and users of the website;
  2. breach any laws or regulations or infringe anyone’s intellectual property rights or privacy rights;
  3. upload harmful files that may cause damage to our property or the property of others; or
  4. hack, spam, disable, corrupt or otherwise affect the functionality or performance of the website or its content.

2.2. Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.

2.3. We have no obligation to pre-screen Posts and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content, and we reserve the right to remove Posts for any reason. We are not, however, responsible for any failure or delay in removing Posts.

3. Third Party Websites

3.1. We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content or third party websites and make no representations about the accuracy of third party sites.

4. PROMOTIONS, COMPETITIONS AND DISCOUNTS

4.1. From time-to-time, MONDAY—SUNDAY may run promotions, competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.

5. INTELLECTUAL PROPERTY

5.1. All content made available on our website and all rights, title and interest in such content, including the MONDAY—SUNDAY brand, our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to view, download and print our content via the website.

5.2. You may only use, access and print content on our website for non-commercial or personal use provided you keep intact all copyright and proprietary notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.

5.3. You (the author) continue to own the copyright in your Posts but, by submitting Posts to public areas of the website, you grant us the right to use, copy, display, edit and promote your Posts in any medium and any manner we choose.

6. PRIVACY POLICY

6.1. MONDAY—SUNDAY collects and uses any personal information that you provide in using our website in accordance with MondaySunday Product’s Privacy Policy

7. CUSTOMER TESTIMONIALS, RATINGS AND REVIEWS

7.1. These Terms of Use, which are to be read in conjunction with our website terms of use, govern your participation in the Customer Ratings and Reviews and the Question and Answer (Q&A) service where offered by MONDAY—SUNDAY.

7.2. A reference in these terms to ‘MONDAY—SUNDAY’, unless otherwise stated, means The CBD Guys Pty Ltd (ACN 647 794 698). Any inconsistency between these Terms of Use and the MONDAY—SUNDAY website terms and conditions is, to the extent of the inconsistency, to be resolved in favour of the relevant section of these terms of Use.

Your assurances

7.3. By submitting any content to MONDAY—SUNDAY as part of your engagement with the Customer Ratings and Review service and/or the Q&A service, you warrant that you are at least 18 years old and further that you represent and guarantee to MONDAY—SUNDAY that: a. you are the sole author and owner of any intellectual property rights in the content;

  1. all content that you post is accurate, truthful, current and not in any way misleading or deceptive, or likely to mislead or deceive;
  2. without limiting the above, all content that you post is lawful and does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
  3. you will not post any content that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  4. you will not post content that includes, or could be construed as being, the offering of a medical opinion relating to the use of MONDAY—SUNDAY’s products;
  5. you will not include any content or information about any third party’s products or services in relation to which you have received any form of consideration or benefit – this includes the posting of information that references other websites, addresses, email addresses, contact information or phone numbers; and
  6. your provision of the content, and MONDAY—SUNDAY’s use of the content, does not violate these Terms of Use, does not infringe any person’s rights (including their intellectual property rights or privacy rights) and will not cause injury to any person or entity.

Additional terms relating to reviews

7.4. By submitting a review on the MONDAY—SUNDAY website you represent and warrant that you ARE NOT:

  1. engaged in the production, marketing or supply of MondaySunday products;
  2. representing or an employee/contractor of a hospital or healthcare facility (other than a community pharmacy);
  3. a current or former health practitioner, health professional or medical researcher; or
  4. a person who represents themselves as being qualified or trained to diagnose, treat or prevent disease, ailment, defect or injury in persons.

Permission to use your content and grant of licence

7.5. For any product review and any other content that you submit, you grant to MONDAY—SUNDAY a perpetual, irrevocable, world-wide, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology (the Licence).

7.6. You acknowledge and agree that the Licence includes the right for MONDAY—SUNDAY to communicate to the public and/or publish your reviews and other content (as relevant):

  1. on any one or more of the websites, social media channels of MONDAY—SUNDAY;
  2. in any online or television commercial promoting MONDAY—SUNDAY products and services; and
  3. in any other marketing collateral or above the line campaign produced by or on behalf of MONDAY—SUNDAY.

7.7. You consent to MONDAY—SUNDAY making any use of your reviews and content, within the scope of the Licence without any requirement for any of MONDAY—SUNDAY attributing your ownership or authorship of the content. MONDAY—SUNDAY’s use of your content

7.8. You acknowledge and agree that:

  1. All content that you submit may be used at MONDAY—SUNDAY’s sole discretion.
  2. MONDAY—SUNDAY reserves the right to change, condense, withhold publication, remove or delete any content on MONDAY—SUNDAY’s website that MONDAY—SUNDAY deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.
  3. MONDAY—SUNDAY does not guarantee that you will have any recourse through MONDAY—SUNDAY to edit or delete any content you have submitted.
  4. Ratings and written comments are generally posted within 3-5 business days. However, MONDAY—SUNDAY reserves the right to remove or to refuse to post any submission to the extent authorised by law.
  5. You, not MONDAY—SUNDAY, are responsible for the contents of your submission.
  6. None of the content that you submit is subject to any obligation of confidence on the part of MONDAY—SUNDAY, its agents, subsidiaries, affiliates, partners or third-party service providers or their respective directors, officers and employees.

Indemnity

7.9. You agree to indemnify and hold MONDAY—SUNDAY (and its officers, directors, subsidiaries, joint ventures, employees, contractors and agents), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney’s fees, arising out of a breach by you of these Terms of Use.

8. GOVERNING LAW

8.1. Your use of our website and these Website Terms are governed by the laws of the State of Victoria and you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.

9. UPDATES TO THESE WEBSITE TERMS

9.1. These Website Terms are effective from July 2023. We reserve the right to update these Website Terms at any time without notice to you. You should ensure that you are aware of our current Website Terms by checking our website regularly.

TERMS OF SALe

Hello there and a warm welcome to MONDAY—SUNDAY.

These Terms of Sale apply to the ordering, purchase, fulfillment and delivery of products (Products) from our website and form part of the Website Terms. These Terms of Sale form a legally binding agreement between you and The CBD Guys Pty Ltd ACN 647 794 698 (MONDAY—SUNDAY). By proceeding to place an order with the MONDAY—SUNDAY online shop you acknowledge that you have read, understood and agree to be bound by these Terms of Sale. You also acknowledge having read our Privacy Policy. If you do not accept these terms, please do not proceed further.

  • Orders
  • Price
  • Delivery
  • Payment
  • Availability Of Product
  • Cancellation And Order Amendments
  • Change of Mind Returns
  • Other Returns
  • Refunds
  • Consumer Guarantees – Limited Warranty
  • Liability For Sale And Purchase Of Products
  • Your Personal Information
  • Customer Account
  • Governing Law; Entire Agreement
  • Updates to These Terms Of Sales

1. ORDERS

1.1. All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by MONDAY—SUNDAY. Acceptance will occur at the time we confirm your order. Each order that you place will, if accepted by us, be a separate and binding agreement between you and MONDAY—SUNDAY with respect to the supply of the relevant Products, in accordance with these Terms of Sale.

1.2. All orders placed are an offer of purchase and are subject to acceptance by MONDAY—SUNDAY. If an order is not accepted a full refund will occur at the earliest possible convenience. MONDAY—SUNDAY reserves the right to reject your order for any reason, such as stock availability or delivery challenges based on location.

1.3. You must not resell in a commercial manner any of the products you purchase from us. Specifically, you acknowledge and agree that all Products purchased by you are for personal use only and are not for resale or commercial use.

2. PRICE

2.1. The Products are charged at the price published at the time you submit your order. MONDAY—SUNDAY reserves the right to change the price of Products at any time without notice to you.

2.2. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions relating to pricing and availability. To the extent not prohibited by law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

2.3. If you are purchasing Products in Australia, all prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

2.4. If you are purchasing Products in a country other than Australia all prices listed on the site will be in the currency of the applicable country from which you are accessing our website, unless otherwise stated. Prices are inclusive of all applicable taxes and duties set by your destination country, unless otherwise stated.

3. DELIVERY

3.1. Details of our estimated delivery timeframes and information about order tracking can be found on the Shipping and Delivery Page.

3.2. In addition to the price for the Products, you will also need to pay the delivery charge listed. Any delivery charge will appear in your shopping cart. If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges. You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.

3.3. Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order.

3.4. We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered. If we are unable to deliver your Products within a reasonable time, we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products.

3.5. On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.

4. PAYMENT

4.1. Payment in full for all Products is required at the time of placing an order with us.

4.2. By submitting an order, you represent and warrant to us that are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. MONDAY—SUNDAY is under no obligation to ship any Products ordered until payment in full for those Products has been received.

5. AVAILABILITY OF PRODUCT

5.1. MONDAY—SUNDAY does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.

6. CANCELLATION AND ORDER AMENDMENTS

6.1. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact MONDAY—SUNDAY to request the amendment or cancellation and we will do our best to accommodate your request.

7. CHANGE OF MIND RETURNS

7.1. We do not accept returns for simply changing your mind after purchase. Please choose carefully and ensure that any Product you select is right for you, based on the advice received from your healthcare provider or general practitioner. Despite the above, nothing in these Terms of Sale alter any rights you may have under the Australia Consumer Law.

8. OTHER RETURNS

8.1. Where required under Australian Consumer Law, MONDAY—SUNDAY will accept Product returns and provide you with an exchange, repair or refund (as applicable) where:

  1. the product is damaged, or
  2. the product is faulty, and
  3. you can present your online tax invoice or other adequate proof of purchase.

8.2. MONDAY—SUNDAY reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect.

8.3. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product.

8.4. To request a return or a refund, please email hi@mondaysunday.com.au and ensure you include your order number which was emailed to you upon processing of your order. Please ensure you retain proof of purchase of purchasing products from our website and the goods in question if you are looking at returning your goods.

9. REFUNDS

9.1. If we are obliged to refund your payment pursuant to these Terms of Sale, your refund will be credited back to the payment method you used at the time of purchase and we will aim to process the refund within five (5) business days. The time it takes for you to actually receive the refund will depend on your financial institution.

9.2. All refund payments will be processed in Australian Dollars and MONDAY—SUNDAY will not be held liable for any difference in the value of the refund against the initial purchase price in the final currency you used to purchase the products. MONDAY—SUNDAY will not be liable to refund any fees or charges you incurred from your credit/debit card provider for your initial purchase.

10. CONSUMER GUARANTEES – LIMITED WARRANTY

10.1. Your sole express warranties with respect to the Product are the warranties provided below.

10.2. We expressly disclaim any implied warranty of merchantability or fitness for a particular purpose or other warranties implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. You may have consumer guarantees that cannot be limited by us, in which case these Terms of Sale do not affect your rights under the Australian Consumer Law (ACL) and other laws applicable to you. If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may under applicable law be eligible for a refund, exchange or repair and in some cases compensation for loss or damage notwithstanding the foregoing disclaimer of implied warranties.

10.3. If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a product with a minor fault, we can choose to give you a free replacement product or an online voucher to spend on our website.

10.4. Products returned under these consumer guarantees and limited warranties can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging faulty, damages or incorrectly described Products, MONDAY—SUNDAY may arrange return a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is not found to be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.

10.5. To arrange a return for a faulty, damaged or incorrectly described Product email us directly at hi@monday-sunday.com.au.

11. LIABILITY FOR SALE AND PURCHASE OF PRODUCTS

11.1. To the maximum extent permitted by law (including, without limitation, the ACL) in no event will MONDAY—SUNDAY, its affiliates and related bodies corporate, and its and their respective officers, directors, employees and agents (collectively, the MONDAY—SUNDAY Parties) be liable to you, or any other person, for any loss, damage, costs or expense suffered, (whether directly or indirectly) arising out of or in connection with your purchase or use of, or otherwise relating to, the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. To the maximum extent permitted by law, where the liability of the MONDAY—SUNDAY Parties cannot be disclaimed entirely, you agree that the maximum aggregate liability of the MONDAY—SUNDAY Parties for the aforementioned liability shall not exceed the amount you actually paid for the product giving rise to such liability. The limitations of liability set forth above shall only apply to the extent permitted by law.

11.2. The MONDAY—SUNDAY Parties will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. The MONDAY—SUNDAY Parties liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.

12. YOUR PERSONAL INFORMATION

12.1. By placing an order with MONDAY—SUNDAY you acknowledge and agree that the information provided is collected and used in accordance with our Privacy Policy.

13. CUSTOMER ACCOUNT

13.1. You may have the option to create an account through the website. By creating an account, you may have access to additional features on the website including the ability to save your address details and view your product order history.

13.2. If you choose to create an account, you acknowledge and agree that:

  1. all information provided by you is complete, true and correct;
  2. you must keep your account information current and up to date;
  3. you must keep your account information, including your username and password, secure at all times and you must notify MONDAY—SUNDAY immediately if you become aware of any actual or potential unauthorised access to your account; and
  4. you must not create an account on behalf of someone else

14. GOVERNING LAW; ENTIRE AGREEMENT

14.1. These Terms of Sale are governed by the laws of the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the Courts in the State of Queensland, Australia.

14.2. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale. These Terms and Conditions, our Privacy Policy and the Website Terms and Conditions will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.

15. UPDATES TO THESE TERMS OF SALES

15.1. These Terms of Sale are effective from July 2023. We reserve the right to update these Terms of Sale at any time without notice. You should ensure you are aware of our current Terms of Sale by checking our website regularly.