TERMS OF USE AND SALE

Last Updated: 1 January 2025  

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. OrthoHero (the “Company”) maintains this website and any related mobile applications (collectively referred to as the “Site”) as a service to our customers. By using the Site, you agree to comply with and be bound by these terms of use (“Terms”). Please review the Terms carefully and check them periodically for updates. If you do not agree to the Terms, you should refrain from accessing information or obtaining products or services from the Site.

 

NOTICE REGARDING DISPUTE RESOLUTION AND YOUR RIGHT TO OPT-OUT: THESE TERMS INCLUDE PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND OrthoHero MAY BE RESOLVED (SEE THE SECTION ON ARBITRATION AND CLASS ACTION WAIVER BELOW). THIS INCLUDES A REQUIREMENT TO SUBMIT DISPUTES TO BINDING ARBITRATION, EXCEPT IN LIMITED CIRCUMSTANCES WHERE YOU MAY OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS.

 

1. Acceptance of Terms. You agree to the terms and conditions outlined in these Terms. These Terms constitute the entire agreement between OrthoHero and you, superseding all prior agreements, representations, or understandings regarding the Site, its content, and the products or services offered. Any additional terms you include in a purchase order or other document are expressly excluded. Variations to these Terms will only be binding if agreed in writing by you and an authorised representative of OrthoHero.

 

2. Order Modification and Rejection. OrthoHero reserves the right to reject or modify any order, even if it has been confirmed or your payment has been processed. You will be notified of any changes or rejections via the email address provided at checkout. If your payment has been charged and any portion of your order is rejected, OrthoHero will issue a credit to your account for the amount rejected.

 

3. Shipping and Risk of Loss. Title to products and risk of loss transfer to you upon delivery to the carrier. Delivery times may vary, and all delivery dates are estimates, not guarantees. If you are a "consumer" under applicable consumer laws, products will be delivered within a reasonable timeframe or as agreed. We will not be liable for any loss or expenses due to delivery delays, subject to consumer laws that provide non-excludable remedies.

 

4. Payments. You represent that any payment information you provide is accurate, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.

 

5. No Resale. Except as expressly permitted in writing by an authorised representative of OrthoHero, you agree not to resell or commercially exploit any products purchased on the Site.

 

6. Replenishment Plans. We will automatically renew your replenishment plans based on your selected order and shipping frequency. Charges will occur at least one full business day before shipping. To pause, resume, cancel, or adjust your replenishment plan, log into your account or email us at hello@orthohero.com. Cancellation requests may take up to five business days to process.

 

7. Warranty and Returns. Our Warranty and Return Policy forms part of this Agreement.

 

8. Your Use of the Site. By accessing the Site, you agree not to create any unlawful or objectionable material. You are granted a limited, non-exclusive licence for personal use of materials from the Site, not for resale or redistribution.

 

9. Creation and Termination of Account. By creating an account, you confirm the accuracy of the information provided. We may cancel your account without notice if we find any information to be false or misleading, or if you violate these Terms.

 

10. Privacy Policy. Our Privacy Policy, as updated from time to time, is part of this Agreement.

 

11. Proprietary Rights. The content and design of the Site are protected under applicable intellectual property laws. You do not acquire any ownership rights to materials viewed on the Site.

 

12. Submissions. Any materials you submit to OrthoHero, including contest entries and suggestions, become the property of OrthoHero. You grant us a non-exclusive, perpetual worldwide licence to use your submissions without compensation and warrant that they do not infringe on third-party rights.

 

13. Links to Third-Party Websites. The Site may contain links to other websites. We are not responsible for their content, accuracy, or opinions expressed. Any access to third-party sites is at your own risk.

 

14. LIMITATION OF LIABILITY. Nothing in these Terms limits or excludes any statutory consumer guarantees. Subject to any non-excludable guarantees, OrthoHero and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Site.

 

15. Indemnification. You agree to indemnify and hold OrthoHero harmless from all losses, liabilities, costs, and expenses arising from your use of the Site or violation of these Terms.

 

16. Governing Law. The Terms are governed by the laws of Australia. Any claims must be initiated within one year after the cause of action arises.

 

17. Arbitration and Class Action Waiver.  

   A. Initial Dispute Resolution. Concerns can be addressed by contacting us at hello@orthohero.com. We agree to attempt to resolve any dispute through consultation and negotiation before initiating arbitration.  

   B. Agreement to Binding Arbitration. If a resolution is not reached within 30 days, disputes will be settled by binding arbitration administered by an independent arbitrator, with both parties bearing their own legal costs.  

   C. Class Action Waiver. Any arbitration will be on an individual basis only. You waive the right to pursue claims as part of a class action.  

   D. Exception for Small Claims. Either party may seek relief in small claims court.  

   E. 30-Day Right to Opt-Out. You may opt-out of the arbitration provisions by emailing hello@orthohero.com within 30 days of account creation or your first order.  

 

NO CLASS ACTIONS  

YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, AND YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY INDIVIDUALLY.

 

18. DMCA Notice and Take-Down Procedures. If you believe your work has been infringed, you may submit a notice to us with the required information according to the Digital Millennium Copyright Act.

 

19. Site Modifications. We reserve the right to modify or delete any content on the Site without notice.

 

20. Updating the Terms. We may modify these Terms at any time. Material changes will be communicated via posting on the Site at least 30 days prior to the effective date. Your continued use of the Site after changes take effect indicates your acceptance of the modified Terms.