Terms of Service

1. Products and Pricing

All products are subject to availability. Prices on our Australian store are listed in Australian Dollars (AUD) and include GST where applicable. We reserve the right to modify prices without prior notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

2. Product Information & Disclaimers

2.1 Not a Medical Device

IMPORTANT: The RestWell device is NOT a medical device. It is not included in the Australian Register of Therapeutic Goods (ARTG) and is NOT approved by the Therapeutic Goods Administration (TGA), the FDA, Medsafe, or any other medical regulatory authority. The RestWell is a general wellness product only.

2.2 Not Intended for Medical Use

The RestWell is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to sleep apnoea, obstructive sleep apnoea, or any other sleep disorder. If you have a medical condition, consult your doctor before use.

2.3 Use at Your Own Risk

You acknowledge and agree that you use The RestWell entirely at your own risk, subject to any rights you have under the Australian Consumer Law. Results vary between individuals and are not guaranteed.

2.4 Contraindications

Do NOT use The RestWell if you have: a pacemaker or other implanted electronic device; epilepsy or seizure disorders; heart conditions; are pregnant; have skin conditions on the neck area; or any condition that may be affected by electrical stimulation. Consult your doctor if unsure.

3. Orders and Payment

By placing an order you are making an offer to purchase. We reserve the right to refuse or cancel any order at our sole discretion. Orders are not confirmed until payment is successfully processed. An order confirmation does not constitute guaranteed acceptance. We reserve the right to cancel orders where fraud is suspected.

All prices on our Australian store are in Australian Dollars (AUD). Prices are subject to change without notice.

4. Third-Party Logistics & Supply Chain

RestWell utilises third-party logistics providers and international supply chains to fulfil orders. Customers acknowledge that:

• Fulfilment may be handled by third-party logistics partners, including our Australian fulfilment facility in Sydney
• Products ship from within Australia.
• Component sourcing delays may occur without prior notice
• Products may be temporarily unavailable pending receipt of components or completion of quality assurance
• Pre-orders and backorders may experience extended fulfilment periods of up to 30 business days or longer
• Minor cosmetic variations between production batches may occur and do not affect device performance or warranty

5. Force Majeure

RestWell shall not be liable for any delay, failure, or inability to perform any obligation resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, pandemics, government actions, transport disruptions, cyber attacks, or shortage of materials. Estimated delivery dates shall be automatically extended by the duration of such events without liability, except as otherwise required by the Australian Consumer Law.

6. Shipping and Delivery

Please refer to our Shipping & Returns Policy for full details. Australian orders are dispatched from our Sydney warehouse, typically within 3 days. All delivery timeframes are estimates only and are not guaranteed. Delays do not of themselves constitute grounds for cancellation or refund, except where the Australian Consumer Law provides otherwise. You are responsible for providing accurate shipping information. RestWell is not responsible for orders shipped to incorrect addresses provided by you.

7. Returns and Refunds

Please refer to our Refund Policy for full details. All returns are subject to inspection and approval. We reserve the right to refuse any return that does not meet our requirements, except where a remedy is required under the Australian Consumer Law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RestWell, its owners, directors, employees, agents, and affiliates shall NOT be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from: your use or inability to use the product; any reliance on information on this site; shipping delays, lost packages, or delivery issues; or any other matter relating to the site or products.

Our total liability to you for any claim shall not exceed the amount you paid for the product, except where the Australian Consumer Law requires otherwise.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts, or modifies those guarantees.

9. Disclaimer of Warranties

To the maximum extent permitted by law, and subject always to the consumer guarantees under the Australian Consumer Law which cannot be excluded, the site and all products are provided "as is" and "as available" without any additional express warranties. We do not warrant that the product will meet your requirements or expectations, or that any particular results will be achieved.

10. Indemnification

You agree to indemnify, defend, and hold harmless RestWell and its owners, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your misuse of the site or products, your violation of these Terms, or your violation of any rights of a third party.

11. Intellectual Property

All content on this site is the property of RestWell and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

12. Dispute Resolution

Contact us first at restwellsupport@gmail.com with a written description of your dispute. If not resolved within 30 days, both parties agree to good-faith mediation before legal proceedings. To the extent permitted by law, disputes are resolved on an individual basis and any claim must be filed within one (1) year of the cause of action arising. Nothing in this clause limits any right you have to make a complaint to the Australian Competition and Consumer Commission (ACCC) or your state or territory consumer protection agency, or any claim under the Australian Consumer Law.

13. Governing Law

These Terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of the courts of Australia. Nothing in this clause excludes, restricts, or modifies any rights you have under the Australian Consumer Law, which applies to goods supplied to consumers in Australia regardless of the governing law of these Terms.

14. Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

Product Imagery, Packaging & Branding Disclaimer

NOTICE: Product images, photographs, graphics, and visual representations displayed on this website are for illustrative purposes and the product you receive may differ in some respects.

• Product packaging, labels, logos, branding, colours, and overall appearance may differ from what is shown on this website
• We update our packaging, branding, and product specifications from time to time without prior notice
• Products may be sourced from third-party manufacturers and suppliers whose packaging, label designs, or branding may differ from those depicted
• Colour variations may occur due to screen display settings, photography lighting, and printing processes
• Promotional or lifestyle imagery may include props or visual elements not included with the product
• To the extent permitted by law, cosmetic differences in packaging, labels, logos, or branding that do not affect the product itself do not constitute grounds for a refund, return, or exchange

Nothing in this disclaimer limits your rights under the Australian Consumer Law, including the guarantee that goods will match their description.

Contact

RestWell
Email: restwellsupport@gmail.com
Store: restwellau.com