Terms

1. GENERAL

These Terms of Use apply to the use of our website located at https://thenatalnaturopath.com.au/ (“Site”) (“Website Terms of Use”). In using our Site, you agree to be bound by these Website Terms of Use, as a legal agreement between us, The Natal Naturopath Pty LTD ABN 62 656 709 698 (“The Natal Naturopath” “us”, “we”, “our”), the owner and operator of the Site, and any associated products or services available on the Site (“Products”), and you (“you”, “your” or “user(s)”), a user of the Site and/or Products (“Agreement”).

By engaging with our Site or buying any Products, you consent to adhere to our Website Terms of Use, Terms and Conditions, Returns Policy, and Privacy Policy. We reserve the right to modify any of these documents and will inform you of such changes. Should you disagree with the stipulations set forth in the Website Terms of Use, Terms and Conditions, Returns Policy, or Privacy Policy—or any future modifications to them—you are required to discontinue your use of our Site forthwith.

2. INFORMATION DISCLAIMER

The information provided on our Site comes with NO GUARANTEE of any kind. It is not aimed at diagnosing, treating, healing, or averting any illness. There is no assurance that the information on or linked from this site is exhaustive or correct. The content on the Site, which may cover medical and health-related topics, products, and treatments, serves purely for informational purposes and is often given in a summarized or collective manner.

For specific medical conditions, injuries, or health concerns, as well as for pharmaceutical dosages available through this Site, it's crucial to seek professional guidance. This information should not be considered medical advice in any form. Our Products are not designed to address any health issues. You are entirely responsible for your actions taken based on this information and the consequences that follow.

This Site's content should not be seen as a replacement for professional medical counsel or information found on or within product packaging or labels. Always consult a Pharmacist, General Practitioner, or another qualified healthcare professional before starting any new treatment or supplement, continuing with a treatment or supplement, or if you have questions about a medical condition for yourself or others.

NOTHING CONTAINED ON OUR SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

ALWAYS READ THE LABEL and USE ONLY AS DIRECTED.

VITAMINS ARE NOT A SUBSTITUTE FOR GOOD NUTRITION OR A BALANCED DIET AND ARE NOT SUPERIOR TO, OR MORE BENEFICIAL THAN, DIETARY NUTRIENTS.

3. SPECIFIC WARNINGS

You are prohibited from using our Website in any manner that breaches these Terms of Use, engages in illegal activities, employs deceitful or misleading practices, contravenes any law (especially privacy laws), or infringes on anyone's rights, including our intellectual property. It's your responsibility to protect your computer system from viruses and other harmful elements when accessing our Website. We are not liable for any harm to your computer system that occurs through your use of our Website or any external sites linked to it. Although we have no reason to suspect inaccuracies on our Website, we do not guarantee the reliability or completeness of the information provided, nor do we commit to keeping the Website updated. Ad content on our Website is the sole responsibility of the advertisers, and their placement should not be seen as an endorsement by us. Advertisers are accountable for the accuracy of their ads.

Before taking any new vitamins, consult your GP to ensure they are appropriate for your health needs. This medicine may not be right for you. Read the label before purchase.

Warnings:

• If symptoms persist, seek the advice of a healthcare professional.
• Store below 30°C in a cool dry place away from sunlight.
• Do not use if the seal on cap/lid has been broken.

4. COPYRIGHT

Copyright and other intellectual property rights for all content on our Site, including texts, images, logos, and software, are owned or licensed by us, protected by copyright laws. You are not allowed to alter, duplicate, share, or use this content for commercial purposes without our explicit consent, as per the Copyright Act 1968 and relevant local laws, unless specifically permitted by these Terms of Use. All trademarks on our Site are property of their respective owners.

The Natal Naturopath retains all rights not explicitly granted to you. You must not use, copy, or distribute any site content without our direct written approval. Unauthorized use of site materials may lead to legal action under copyright and trademark laws.

By submitting any material to the Site or our social media platforms, you give us a non-exclusive, global, free license to use, modify, and leverage the material in any way and for any purpose. You also relinquish any moral rights to this material as defined by the Copyright Act 1968.

5. OUR LICENCE GRANT TO YOU

Our Site provides you access to our Products under a personal, non-transferable, revocable, and limited license, meaning you're not allowed to resell our Products, share your access rights, or try to reverse engineer or alter our Site in any way. If you breach any rules in our Terms of Use, Terms and Conditions, or Privacy Policy, or if your actions infringe upon the rights of The Natal Naturopath or its affiliates, or break any laws, we may revoke this license. To terminate this license on your end, you should either cease using our Site or inform us of your decision to do so.

6. USE OF OUR SITE: RESTRICTED USE

By using our Site, you accept responsibility for your actions and any actions taken through your device. You acknowledge that your use is solely for personal, non-commercial purposes. You are not permitted to access, copy, or use any part of our Site, including intellectual property and trademarks, without explicit authorization from these Terms of Use or direct written consent from us. Access to our Site is granted for your personal use only, unless otherwise agreed upon in writing. Reselling information or products from our Site without our permission is prohibited.

You agree to the following:

• You will not reproduce, distribute, or reveal any section of the Site by any means, including automated "scraping."
• You will not attempt to disrupt the Site's integrity or security or decode any transmissions to or from the Site's servers.
• You will not overload our infrastructure with unreasonable demands.
• You will not collect any personal information from the Site, including user names.
• You will not engage in stalking, harassment, or any form of bullying against other users.
• You will not post content that is not your own, infringes on others' rights, or is harmful, such as defamatory, obscene, threatening, or unlawfully discriminatory material.
• You will not falsely impersonate others or misrepresent your affiliation.
• You will not hold The Natal Naturopath or related entities liable for your use of the Site.
• You will not breach any network policies connected to the Site.
• You will not disrupt the Site's operations.
• You will avoid hacking, spamming, or phishing activities.
• You will ensure the accuracy and truthfulness of your contributions.
• You will comply with all applicable laws and regulations.
• You will not post harmful, false, or misleading content.
• You will not contribute to the Site's harm or impairment, including influencing its search engine presence.
• You will not post content containing third-party intellectual property without the owner's permission for its use.

If you believe that a user has breached any of the above conditions, please contact us at hello@thenatalnaturopath.com.au

• content uploaded, posted, transmitted, or made available on our Site by users, without any prior notification. We bear no responsibility and disclaim all liability for any content uploaded, posted, transmitted, or made available on our Site by anyone other than ourselves. We do not support any views, advice, or statements made by anyone other than ourselves.
• You agree to protect and hold harmless us and our directors, employees, agents, contractors, suppliers, and licensors, as well as all of our associated entities, against any liability, loss, or damage (including all legal fees on a full indemnity basis) that they may incur as a result of your breach of these Website Terms of Use, any other failure to adhere to these terms, or any other wrongful actions related to these terms, by you or any of your affiliates.

 

7. LINKED WEBSITES / THIRD PARTY WEBSITES

Our Site includes links to external Third Party Websites purely for your convenience, and these links may not always be up-to-date or kept up. We do not accept responsibility for the content or privacy policies of these Third Party Websites. The presence of links to Third Party Websites on our site should not be interpreted as our endorsement, approval, or recommendation of the entities that manage these sites, nor of the information, visuals, materials, products, or services presented or offered on these sites ("Third Party Content"), unless explicitly stated otherwise.

8. SECURITY OF INFORMATION

Regrettably, we cannot assure complete security for data transmitted over the Internet. Despite our efforts to safeguard your information, we cannot guarantee its security during transmission to us. Therefore, you send information to us at your own risk. However, upon receiving your data, we commit to taking reasonable measures to maintain its security.

9. MODIFICATION OF SERVICE

We hold the authority to change, update, or delete content from our Site whenever we choose. These changes could be made for security reasons, to protect intellectual property, to comply with legal obligations, or for other reasons at our discretion, without the need to provide an explanation. For instance, updates might be implemented to address security vulnerabilities or to meet legal requirements. However, it's important to understand that this example is not obligatory, and there's no commitment on our part to make such updates for security, legal, or any other reasons.

We cannot assure continuous, uninterrupted, or error-free access to the Site at all times. Access is limited to users who meet the eligibility criteria. We also reserve the right to revoke access to any user at any time.

10. DISCLAIMER FOR USE OF SITE

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK. THE NATAL NATUROPATH AND ITS AFFILIATES, INCLUDING DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DO NOT GUARANTEE THAT THE SITE WILL OPERATE WITHOUT INTERRUPTIONS OR ERRORS. FURTHERMORE, THERE IS NO GUARANTEE REGARDING THE OUTCOMES THAT MIGHT BE ACHIEVED FROM USING THE SITE, OR THE RELIABILITY OF THE INFORMATION, SERVICES, OR PRODUCTS OFFERED THROUGH THE SITE.

THE NATAL NATUROPATH ALSO MAKES IT CLEAR THAT IT ASSUMES NO LIABILITY FOR THE ACCURACY, RELIABILITY, OR PRESENCE OF INFORMATION ON EXTERNAL WEBSITES LINKED TO OR FROM OUR SITE. WE ARE NOT ACCOUNTABLE FOR THE CONTENT OR LEGALITY OF MATERIAL ON THIRD-PARTY WEBSITES, AND ANY CLAIMS AGAINST US CONCERNING SUCH EXTERNAL SITES ARE PERMANENTLY DISMISSED.

IN NO CASE WILL THE NATAL NATUROPATH, ITS AFFILIATES, OR ANY OTHER PARTIES INVOLVED IN THE SITE'S DEVELOPMENT, PRODUCTION, OR DISTRIBUTION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM THE USE OR INABILITY TO USE THE SITE, COSTS OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA, THE ACTIONS OF ANY THIRD PARTY ON THE SITE, THE ACTIONS OF THE NATAL NATUROPATH AND ITS AFFILIATES, OR ANY OTHER ISSUES RELATED TO THE SITE.

Under the limits allowed by law, we disclaim all warranties, both express and implied, regarding the products and services offered or purchased through this website. Apart from the "consumer guarantees" outlined in the Schedule 2 of the Competition and Consumer Act 2010, we deny any responsibility for issues arising from the use of our Site or products, including defects, failures, misuse, abuse, alterations, incorrect selection, non-adherence to codes, or wrongful use of our products. These disclaimers do not extend to any legal prohibitions against warranty exclusions. Check your local laws for any restrictions.

By using our Site, you accept all risks, including potential harm to your computer or data from viruses or other malicious software that might come through our website or linked content. Where the law allows, we exclude all warranties and claims related to our Site. By accessing our Site, you agree to defend and protect us against any losses, damages, or costs arising from your use of our Site.

Should you encounter any issues with our Site or its content, your only recourse is to stop using the Site. If there's a problem with products bought through our Site, your only option is to follow our return and refund policy as outlined in our Terms and Conditions and Returns Policy.

In places where limitations on our liability are not permitted by law, our liability is restricted to the maximum extent allowed by law. Specifically, in such jurisdictions, we do not limit our liability for death or personal injury resulting from our negligence, for fraudulent misrepresentation, or for any liability that cannot legally be excluded.

For residents of areas where a specific release statement is mandated by law, the following applies: "A GENERAL RELEASE DOES NOT COVER CLAIMS UNKNOWN TO THE RELEASOR AT THE TIME OF RELEASE, WHICH, HAD THEY BEEN KNOWN, WOULD HAVE SIGNIFICANTLY AFFECTED THE DECISION TO AGREE TO THE SETTLEMENT." You are hereby relinquishing any rights under laws, regulations, or codes that serve a similar purpose as the stated release. Your use of our site is dependent upon your acceptance of this and all other terms in this Agreement. If the laws of your jurisdiction prevent us from limiting our liability, then we agree that our maximum liability to you will not exceed the greater of AUD$100 or the total amount you have spent on our site, products, and services in the past six months.

This disclaimer remains in effect even after you stop using our Site or Products or after this Agreement ends.

11. INDEMNITY

By agreeing to these terms, you commit to protect, indemnify, and absolve The Natal Naturopath Pty Ltd, its affiliates, and its officers, directors, employees, and agents from any claims, damages, responsibilities, losses, liabilities, expenses, and debts (including attorney's fees) that arise due to:

- Your use and access to The Natal Naturopath Site;

- Any breach of the terms in these Website Terms of Use;

- Any breach of our Terms and Conditions;

- Any breach of our Privacy Policy or Returns Policy;

- Infringing upon the rights of any third party, including but not limited to copyright, property, or privacy rights; or

- Any damage a third party alleges was caused by your content.

This obligation to defend and indemnify will continue even after this Agreement ends and your use of our Site ceases. You also acknowledge your responsibility to defend us against such claims, and we reserve the right to choose our legal representation, for which you will be financially responsible. This indemnification also covers our reasonable legal fees, court costs, and other related expenses. Should a claim arise as mentioned above, we may opt to settle with the claimant(s), and you will be responsible for the costs as if the case had gone to trial.

12. YOUR ACCOUNT OBLIGATIONS

By using the Site, you commit to the following:

- Submitting accurate, up-to-date, and complete personal details as required by the site's registration form ("Registration Information").

- Keeping your Registration Information updated to ensure it remains accurate, current, and complete.

Should any of the information you provide be found false, outdated, or incomplete, or if there are reasonable grounds to believe so, we reserve the right to halt or terminate your account and deny you access to the Site, both now and in the future.

You are also responsible for safeguarding the confidentiality of your account details, including your password. You bear full responsibility for all actions taken under your account. Should there be any unauthorized use of your account or any other security breaches, you agree to inform us immediately. The Natal Naturopath treats your Registration Information as confidential, storing it on secure servers to prevent unauthorized access. We use your information solely for processing orders, enhancing our Site and services, managing our Site, and informing you about products or promotions that might interest you. For more details on our handling and storage of your personal data, please refer to our Privacy Policy.

13. OUR RIGHTS

The Natal Naturopath reserves the right to monitor sections of the Site electronically and may reveal any information, records, or electronic communications as necessary (i) to comply with legal, regulatory, or governmental requests; (ii) for the Site's operation; or (iii) to safeguard our interests, our users, our staff, or our associates, including sponsors and licensors. We do not undertake the responsibility to check, control, or edit such content.

We may, at our sole discretion, revoke or limit your Site access without prior notice if we deem your actions to breach any law or to be detrimental to other users, partners, or our interests.

**Termination of Access**

We can end your access to our Site at any time without warning. Even after your access ends, the disclaimers and your indemnification obligations will remain in effect. In the event of service termination, you must stop using our Site and settle any due payments. Any terms of this Agreement that inherently should continue after termination will do so, including but not limited to property rights, disclaimers, indemnification obligations, and liability limitations. We are not obliged to maintain access to our Site and may discontinue it at any time for any reason.

15. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control.

16. GOVERNING LAW

These Website Terms of Use shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this Agreement is deemed to have occurred in Victoria, Australia.

17. FORUM OF DISPUTE

You consent that any legal disputes stemming from or connected to this Agreement shall be exclusively resolved in the court closest to Victoria, Australia, that has the proper authority. If you initiate a dispute contrary to this stipulation, you agree that we can request its dismissal and that you will cover our reasonable legal fees, court expenses, and other costs incurred in this process.

In any legal dispute related to this Agreement, the party that does not prevail shall bear the costs of the victorious party's reasonable legal fees, court expenses, and other related costs.

18. Severability
    
    Should any part of this Agreement be deemed illegal, conflict with another clause, or be unenforceable, the rest of the Agreement shall remain valid as if the problematic provision were not included.

If there is a conflict between two or more clauses of this Agreement, The Natal Naturopath reserves the exclusive right to decide which clause will be upheld. This Agreement represents the complete understanding between you and The Natal Naturopath regarding its subject matter.

19. Reservation of Rights
    We maintain all rights granted to us by this Agreement and any applicable laws. Our failure to enforce any specific term(s) of this Agreement or any law should not be interpreted as a waiver of our right to enforce that term or any other term under the same or different conditions in the future.

20. Transfer Restrictions
    You are not allowed to transfer your rights or obligations under this Agreement to another party without our explicit written approval. We, however, may transfer our rights and obligations to another party at our discretion.

21. Changes to Terms of Use
We hold the right to modify these Website Terms of Use at any given time. Such changes will become effective immediately upon posting on our Site. By continuing to use our Site after such changes are posted, you agree to adhere to the revised Terms of Use.