TERMS OF SERVICE

Last Updated: July 20, 2026

OVERVIEW

Welcome to Cromwell & Smith.

This website is operated by Cromwell & Smith (“Cromwell & Smith,” “C&S,” “we,” “us,” or “our”). Throughout this website, the terms “you” and “your” refer to any visitor, customer, subscriber, purchaser, or other user of our website or Services.

These Terms of Service (“Terms”) govern your access to and use of cromwellandsmith.com (the “Website”), together with all products, subscriptions, digital products, audio content, information, features, tools, applications, promotions, communications, and other services we make available through or in connection with the Website (collectively, the “Services”).

These Terms constitute a legally binding agreement between you and Cromwell & Smith.

By visiting our Website, creating an account, purchasing or subscribing to a product, downloading or accessing digital content, or otherwise using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated into them by reference, including our Privacy Policy, Shipping Policy, Return and Refund Policy, and any product-specific terms displayed at the time of purchase.

If you do not agree with these Terms, you must not access or use the Website, purchase our products, subscribe to our Services, or access our digital content.

We may update these Terms from time to time. The most current version will be available on this page. Your continued use of the Website or Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.

Our online store is hosted by Shopify, which provides the e-commerce platform that enables us to offer products and Services to you.

SECTION 1 — ELIGIBILITY AND ONLINE STORE TERMS

You must be at least 18 years of age, or the age of legal majority in your jurisdiction if higher, to purchase products or create an account through the Website.

By using the Website or placing an order, you represent that:

• You have the legal capacity to enter into a binding agreement.
• The information you provide is accurate and complete.
• You will use our products and Services only for lawful purposes.
• Your purchase, possession, importation, and use of any product complies with the laws applicable to you and your location.

You may not use our products, Website, or Services for any illegal, unauthorized, fraudulent, abusive, or prohibited purpose.

You must not introduce viruses, malicious code, malware, automated attacks, or other technologies intended to disrupt or interfere with the Website or Services.

A breach of these Terms may result in cancellation of orders, suspension or termination of access, or other action permitted by law.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse, restrict, suspend, or discontinue Service to any person where reasonably necessary, including where we suspect fraud, abuse, unlawful activity, unauthorized resale, violation of these Terms, or risks to Cromwell & Smith, our customers, our suppliers, or our service providers.

We may limit quantities purchased per person, household, account, address, payment method, geographic region, or order.

You must not reproduce, duplicate, copy, sell, resell, exploit, scrape, harvest, or commercially use any portion of the Website or Services without our prior written permission.

Headings in these Terms are provided for convenience only and do not affect interpretation.

SECTION 3 — ACCURACY AND TIMELINESS OF INFORMATION

We make reasonable efforts to provide accurate and current information.

However, information made available through the Website may occasionally contain errors, omissions, outdated material, technical inaccuracies, or typographical mistakes.

Content on the Website is provided for general informational purposes and should not be relied upon as the sole basis for making health, medical, financial, legal, or other important decisions.

We may modify Website content at any time, but except where required by law, we are not obligated to update every item of information immediately.

Historical information is provided for reference only.

SECTION 4 — HEALTH, WELLNESS, AND MEDICAL DISCLAIMER

Cromwell & Smith offers products and information intended to support general wellness and lifestyle goals.

Unless expressly stated otherwise as permitted by applicable law, statements made on this Website regarding dietary supplements, ingredients, wellness products, digital programs, or other products have not been evaluated as claims to diagnose, treat, cure, or prevent disease.

Our products, Website content, articles, videos, audio recordings, educational materials, product descriptions, artificial-intelligence-generated content, emails, social-media content, and other communications are provided for general informational and educational purposes only.

They are not medical advice and are not a substitute for diagnosis, treatment, or advice from a licensed physician or other appropriately qualified healthcare professional.

Always consult an appropriately qualified healthcare professional before beginning or changing a supplement regimen, particularly if you:

• Are pregnant or breastfeeding.
• Are taking prescription or non-prescription medication.
• Have an existing health or medical condition.
• Have known allergies or sensitivities.
• Are preparing for surgery.
• Are under medical supervision.

Stop using a product and seek appropriate medical advice if you experience an unexpected or adverse reaction.

In a medical emergency, seek immediate emergency medical assistance.

Individual responses to dietary supplements, wellness practices, lifestyle programs, and other products vary.

Cromwell & Smith does not guarantee any particular health, wellness, physical, mental, sexual, cognitive, longevity, performance, sleep, energy, weight, appearance, or other result.

SECTION 5 — PRODUCTS AND SERVICES

We reserve the right to modify, discontinue, replace, reformulate, or limit any product or Service at any time, subject to applicable law.

Product packaging, colors, labels, containers, capsules, serving sizes, ingredients, manufacturers, and presentation may change over time.

Images displayed online are intended to represent products as accurately as reasonably possible, but differences may occur due to screen settings, packaging updates, manufacturing variations, or other factors.

Where a manufacturer or supplier changes a product formulation, we will make reasonable efforts to update relevant product information.

You are responsible for reviewing the current product label, ingredient list, warnings, directions, and other packaging information before use.

SECTION 6 — PRODUCT AVAILABILITY

All products and Services are subject to availability.

We may:

• Limit quantities.
• Restrict sales by geographic area.
• Discontinue products.
• Cancel or reject orders.
• Correct stock errors.
• Substitute updated packaging where the underlying product is materially equivalent.

Displaying a product on the Website does not guarantee availability.

Where we cannot fulfill an order, we may cancel the affected item and refund amounts paid for that item in accordance with applicable law.

SECTION 7 — PRICES, BILLING, AND PAYMENT

Unless otherwise stated, prices displayed on the Website are shown in the currency indicated at checkout.

Prices may change without notice.

Applicable:

• Sales taxes.
• Goods and services taxes.
• Shipping charges.
• Duties.
• Customs fees.
• Import taxes.
• Currency-conversion charges.

may be added or separately imposed depending on the destination and transaction.

You agree to provide current, complete, and accurate billing, shipping, account, and payment information.

By submitting payment information, you represent that you are authorized to use the payment method provided.

We may use third-party payment processors to process transactions.

We do not guarantee that every payment method will remain available.

Where a pricing, promotional, typographical, or technical error occurs, we reserve the right to correct the error and, where legally permitted, cancel an affected order and issue an appropriate refund.

SECTION 8 — ORDERS AND ACCEPTANCE

Submitting an order does not necessarily mean that we have accepted it.

We reserve the right to accept, decline, limit, cancel, or investigate an order where reasonably necessary, including where:

• A product is unavailable.
• Pricing or product information contains an error.
• Payment cannot be authorized.
• Fraud or unauthorized activity is suspected.
• An order appears intended for unauthorized resale.
• Legal or regulatory restrictions apply.
• Delivery to the requested destination is unavailable or prohibited.

Your order is accepted when it enters fulfillment or when we otherwise confirm acceptance.

Once an order has entered fulfillment, we may be unable to modify or cancel it.

SECTION 9 — SHIPPING, DELIVERY, TITLE, AND RISK

Shipping and estimated delivery information is provided through our Website or during checkout.

Delivery dates are estimates unless expressly guaranteed in writing.

Delays may occur because of circumstances outside our reasonable control, including:

• Carrier delays.
• Weather.
• Natural disasters.
• Customs processing.
• Border restrictions.
• Labor disruptions.
• Incorrect addresses.
• Supply-chain disruptions.
• Government action.
• High-volume periods.

Orders may be fulfilled and shipped by third-party manufacturers, suppliers, warehouses, logistics providers, or fulfillment partners acting on our behalf.

Where permitted by applicable law, risk of loss transfers in accordance with the delivery terms applicable to your transaction.

You are responsible for providing a complete and accurate delivery address.

Additional costs resulting from an incorrect, incomplete, undeliverable, or refused address may be charged or deducted from any available refund to the extent permitted by law.

Please review our separate Shipping Policy for further information.

SECTION 10 — INTERNATIONAL ORDERS

Customers ordering products internationally are responsible for determining whether the product may lawfully be purchased, imported, possessed, and used in the destination jurisdiction.

Laws concerning supplements, ingredients, wellness products, and other goods vary between countries and may change.

Customs or regulatory authorities may:

• Inspect shipments.
• Delay shipments.
• Request documentation.
• Impose duties or taxes.
• Refuse entry.
• Seize or destroy restricted products.

Except where required otherwise by applicable law, Cromwell & Smith is not responsible for governmental or customs actions outside our reasonable control.

International customers may be responsible for customs duties, import taxes, brokerage charges, local fees, or similar costs.

Please review our Shipping and Return policies before placing an international order.

SECTION 11 — RETURNS AND REFUNDS

Returns, refunds, replacements, damaged orders, and related matters are governed by our Return and Refund Policy, which forms part of these Terms.

Because many of our products are ingestible, consumable, personal-use, or hygiene-sensitive products, additional restrictions may apply to opened, used, unsealed, or tampered products.

Nothing in our Return and Refund Policy or these Terms excludes consumer rights that cannot lawfully be excluded.

SECTION 12 — SUBSCRIPTIONS AND RECURRING PURCHASES

Certain products or Services may be offered through recurring subscriptions.

By enrolling in a subscription, you authorize us or our payment provider to charge your selected payment method automatically at the frequency and price disclosed when you subscribe, together with applicable taxes, shipping, and other disclosed charges.

Subscription pricing, benefits, discounts, products, or frequency may change where permitted by law.

Where required, we will provide appropriate notice of material changes.

You are responsible for managing your subscription before the applicable processing or renewal date.

Cancelling a subscription prevents future recurring orders but does not necessarily cancel an order that has already:

• Been processed.
• Been charged.
• Entered fulfillment.
• Been shipped.

Subscription orders are subject to our Return and Refund Policy.

You may cancel or modify a subscription using the methods made available through your account or by contacting us.

We may cancel or suspend a subscription where payment fails, a product is discontinued, fraud is suspected, law requires it, or other reasonable circumstances prevent continued service.

SECTION 13 — DIGITAL PRODUCTS, AUDIO RECORDINGS, AND DOWNLOADABLE CONTENT

Cromwell & Smith may sell or provide digital products including audio recordings, guided programs, educational materials, downloadable files, courses, documents, or content produced by or associated with The Mindset Channel (TMC) or other Cromwell & Smith brands.

Unless expressly stated otherwise, purchasing digital content gives you a limited, personal, non-exclusive, non-transferable, revocable license to access and use that content for your own private, non-commercial use.

Purchasing digital content does not transfer copyright or ownership.

You must not, without written permission:

• Copy or reproduce digital content for redistribution.
• Upload it to file-sharing networks.
• Resell it.
• sublicense it.
• Publicly broadcast or perform it.
• Distribute copies to others.
• Remove copyright or ownership notices.
• Use it to create competing commercial products.
• Train commercial artificial-intelligence systems using protected content except where expressly permitted by law and authorized by us.
• Circumvent technological protections or access restrictions.

Unauthorized copying or distribution may result in termination of access and legal action where appropriate.

Digital products are subject to the digital-product provisions of our Return and Refund Policy and any non-excludable consumer rights.

SECTION 14 — INTELLECTUAL PROPERTY

The Website and its contents are owned by or licensed to Cromwell & Smith and are protected by applicable intellectual-property laws.

This includes, where applicable:

• The Cromwell & Smith name.
• C&S branding.
• Logos and monograms.
• Product names.
• Product packaging.
• Graphics.
• Photography.
• Illustrations.
• Videos.
• Audio.
• Music.
• Articles.
• Copywriting.
• Website design.
• Digital programs.
• Downloads.
• Software.
• Data compilations.
• Advertising creative.
• Educational materials.

You may access Website materials for personal, non-commercial use only.

No ownership rights are transferred to you.

You may not reproduce, distribute, modify, publish, publicly display, commercially exploit, reverse engineer, scrape, repurpose, or create derivative works from protected content without our prior written permission, except where permitted by law.

All trademarks belonging to third parties remain the property of their respective owners.

SECTION 15 — USER ACCOUNTS

Certain Website features may require an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Restricting access to your devices.
• Keeping account information accurate.
• Activities occurring through your account where legally attributable to you.

Notify us promptly if you believe your account has been compromised or used without authorization.

We may suspend or terminate accounts that violate these Terms or present a security, fraud, abuse, or legal risk.

SECTION 16 — REVIEWS, COMMENTS, FEEDBACK, AND USER CONTENT

You may have opportunities to submit:

• Reviews.
• Ratings.
• Testimonials.
• Photographs.
• Videos.
• Comments.
• Suggestions.
• Feedback.
• Social-media content.
• Other materials.

You retain ownership of content that you own.

However, by submitting content to us or tagging Cromwell & Smith in content intended for our attention, you grant us, to the extent permitted by law, a worldwide, non-exclusive, royalty-free license to use, reproduce, display, publish, adapt, and distribute that content for operating, promoting, and improving our business and Services, subject to applicable privacy and consumer laws.

You represent that:

• You own or have permission to submit the content.
• It does not infringe another person’s rights.
• It is not knowingly false, deceptive, defamatory, unlawful, abusive, or malicious.
• It does not contain malicious software.

We may moderate or remove content where reasonably necessary.

Submitting feedback or ideas does not obligate us to compensate you unless we have expressly agreed otherwise in writing.

SECTION 17 — TESTIMONIALS AND INDIVIDUAL RESULTS

Testimonials, reviews, customer experiences, case studies, before-and-after accounts, and other user statements reflect individual experiences.

They do not constitute a guarantee that another person will achieve the same or similar results.

Individual outcomes depend on numerous factors and may vary significantly.

Where testimonials are used in advertising or marketing, we aim to comply with applicable advertising and consumer-protection requirements.

SECTION 18 — PROMOTIONS, DISCOUNTS, COUPONS, AND OFFERS

Promotions may be subject to separate conditions.

Unless otherwise stated:

• Promotions cannot be combined.
• Discounts have no cash value.
• Offers cannot be applied retroactively.
• Promotions may be limited by date, customer, product, geography, or inventory.
• Free gifts are not redeemable for cash.
• Coupon codes may be limited to one use per customer or order.
• We may cancel or modify promotions where permitted by law.

We may refuse promotional benefits where fraud, manipulation, duplicate accounts, automated purchasing, or abuse is reasonably suspected.

SECTION 19 — THIRD-PARTY TOOLS AND SERVICES

We may provide access to third-party tools, applications, payment services, subscription platforms, analytics systems, fulfillment providers, artificial-intelligence services, social-media platforms, or other technology.

Third-party services may be governed by separate terms and privacy policies.

We do not control all third-party services and are not responsible for third-party acts or omissions except to the extent responsibility cannot lawfully be excluded.

Your use of optional third-party services may be subject to the relevant provider’s terms.

SECTION 20 — THIRD-PARTY LINKS

The Website may contain links to websites or resources operated by third parties.

A link does not necessarily constitute endorsement.

We are not responsible for the content, security, availability, products, privacy practices, or conduct of unrelated third-party websites.

You should review the terms and policies of third-party websites before using them or making purchases.

SECTION 21 — COMMUNICATIONS

By providing your contact details, you agree that we may send transactional communications necessary to administer your orders, account, subscriptions, digital purchases, delivery, security, and customer-service requests.

Marketing email and electronic communications will be sent subject to applicable consent and electronic-marketing laws.

You may unsubscribe from promotional emails using the unsubscribe mechanism provided.

Unsubscribing from marketing communications does not prevent us from sending necessary transactional or legally required communications.

Separate consent terms may apply to SMS or text-message programs.

SECTION 22 — PROHIBITED USES

You must not use the Website or Services:

• For unlawful purposes.
• To solicit unlawful acts.
• To violate applicable laws or regulations.
• To infringe intellectual-property rights.
• To harass, threaten, abuse, discriminate against, or harm others.
• To submit deliberately false or misleading information.
• To upload malicious software.
• To collect personal information unlawfully.
• To spam, phish, scrape, crawl, or harvest data in violation of law or our rights.
• To impersonate another person.
• To interfere with Website security.
• To circumvent purchasing restrictions.
• To engage in fraudulent chargebacks or refund abuse.
• To conduct unauthorized resale.
• To reverse engineer protected systems.
• To use automated systems in a manner that materially burdens or disrupts the Services.
• To use our protected content to build or train competing products or commercial models without authorization, except where such restriction is prohibited by law.

We may terminate or restrict access for prohibited conduct.

SECTION 23 — PRIVACY

Your use of the Website and Services is also governed by our Privacy Policy.

By using our Services, you acknowledge that your personal information may be processed in accordance with that policy and applicable data-protection laws.

Third-party service providers involved in payments, hosting, fulfillment, analytics, marketing, subscriptions, fraud prevention, and other functions may process information as described in our Privacy Policy.

SECTION 24 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information containing typographical errors, inaccuracies, or omissions relating to:

• Product descriptions.
• Ingredients.
• Pricing.
• Promotions.
• Shipping.
• Availability.
• Delivery estimates.
• Images.
• Product specifications.

We reserve the right to correct errors and update information.

Where a material error affects an order already placed, we will take reasonable corrective action consistent with applicable law.

SECTION 25 — NO WARRANTIES

To the maximum extent permitted by applicable law, the Website and Services are provided on an “as available” basis.

We do not guarantee that:

• The Website will always be uninterrupted or error-free.
• Every product will always be available.
• Digital content will work on every device or platform.
• Information will always be completely free of errors.
• Use of a product will produce a particular outcome.

Nothing in these Terms excludes warranties, guarantees, rights, or remedies that cannot lawfully be excluded or limited.

Product-specific warranties, if any, will be stated separately.

SECTION 26 — LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Cromwell & Smith and its directors, officers, employees, affiliates, contractors, suppliers, manufacturers, service providers, licensors, agents, and fulfillment partners will not be liable for indirect, incidental, special, punitive, exemplary, or consequential losses arising from your use of the Website, Services, or products where such liability may lawfully be excluded.

This may include loss of profits, revenue, data, opportunity, goodwill, or business interruption.

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including liability that applicable consumer law requires us to bear.

Where liability may lawfully be limited, our aggregate liability relating to a particular purchase will not exceed the amount you paid to Cromwell & Smith for the product or Service giving rise to the claim, except where applicable law requires otherwise.

SECTION 27 — ASSUMPTION OF RESPONSIBILITY FOR PRODUCT USE

You are responsible for using products:

• According to label directions.
• Within recommended serving or usage guidelines.
• In accordance with warnings.
• With appropriate professional advice where needed.

Do not use products contrary to label instructions or professional medical advice.

Cromwell & Smith is not responsible for harm caused by intentional misuse, unauthorized modification, improper storage after delivery, use contrary to warnings, or use in combination with other substances where such use was not directed or recommended, except to the extent liability cannot lawfully be excluded.

SECTION 28 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Cromwell & Smith and its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from third-party claims arising directly from:

• Your unlawful misuse of the Website or Services.
• Your material breach of these Terms.
• Your infringement of another person’s intellectual-property or legal rights.
• Fraudulent or intentionally harmful conduct by you.

This provision does not require consumers to indemnify Cromwell & Smith for claims arising from our own negligence, wrongdoing, or obligations that cannot lawfully be shifted to a consumer.

SECTION 29 — TERMINATION

You may stop using the Website at any time.

We may suspend or terminate your access where we reasonably believe you have materially violated these Terms, engaged in fraud or abuse, created a security risk, or used the Services unlawfully.

Termination does not eliminate obligations that arose before termination.

Provisions concerning intellectual property, payment obligations, disclaimers, liability, dispute resolution, and other provisions that by their nature should survive termination will remain effective.

SECTION 30 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed as necessary.

The remaining provisions will continue in effect.

SECTION 31 — NO WAIVER

If we do not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce it later.

A waiver must be expressly made where required by law.

SECTION 32 — ENTIRE AGREEMENT

These Terms and the policies incorporated by reference constitute the agreement between you and Cromwell & Smith concerning your use of the Website and Services, except where separate written terms expressly apply.

They supersede prior communications relating to the same subject matter.

Nothing in these Terms overrides statutory consumer rights that cannot legally be waived.

SECTION 33 — GOVERNING LAW AND DISPUTES

These Terms and any dispute arising from them will be governed by the laws of New South Wales, Australia, subject to any mandatory consumer protection laws that apply to you.

Before initiating formal legal proceedings, you and Cromwell & Smith Pty. Ltd. agree, where reasonable, to attempt in good faith to resolve the dispute by contacting the other party and providing sufficient information to understand and address the matter.

Nothing in this section limits any rights or remedies available to you under applicable consumer protection laws or prevents either party from seeking relief from a court or tribunal with appropriate jurisdiction.

SECTION 34 — CONSUMER RIGHTS

Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, warranty, condition, right, remedy, or liability that cannot lawfully be excluded under applicable consumer-protection law.

Where mandatory consumer law conflicts with these Terms, mandatory law prevails to the extent of the conflict.

Customers in different jurisdictions may have additional statutory rights.

SECTION 35 — FORCE MAJEURE

To the extent permitted by law, Cromwell & Smith will not be responsible for delays or failures caused by events beyond our reasonable control.

These may include:

• Natural disasters.
• Severe weather.
• Fire.
• Epidemics or pandemics.
• War.
• Civil unrest.
• Government restrictions.
• Cyberattacks.
• Telecommunications failures.
• Carrier disruptions.
• Customs delays.
• Labor disputes.
• Supply-chain interruptions.

We will take reasonable steps to manage affected obligations where practicable.

SECTION 36 — CHANGES TO THESE TERMS

We may update these Terms to reflect:

• Changes to our business.
• New Services or products.
• Changes in technology.
• Legal or regulatory requirements.
• Security requirements.
• Changes to our commercial practices.

The updated version will be posted on this page with a revised “Last Updated” date.

Where required by law, we will provide additional notice or obtain consent before material changes become effective.

Your continued use of the Services after an updated version becomes effective constitutes acceptance to the extent permitted by applicable law.

SECTION 37 — CONTACT INFORMATION

Questions about these Terms of Service may be directed to Cromwell & Smith through our Contact page.

Website: cromwellandsmith.com

Legal Business Name: Cromwell & Smith Pty. Ltd.

Registered Business Address: Suite 3217, 780 The Entrance Road, Wamberal, NSW, 2260, Australia.

Customer Service Email: service@cromwellandsmith.com

For questions regarding:

• Returns and refunds — please review our Return and Refund Policy.
• Shipping and delivery — please review our Shipping Policy.
• Personal information — please review our Privacy Policy.

© 2026 Cromwell & Smith. All rights reserved.