WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.naturopathwithkate.com.au (the ‘Website Website’, ‘Us’ or ‘We’). We provide Naturopathic services from our Website (the ‘Services’).
1.2. The Website is operated by Cleanse Heal Nourish Grow. Access to and use of the Website, or any of its associated Products or Services, is provided by Cleanse Heal Nourish Grow. Please read these terms and conditions (the ‘Terms Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3.We reserves the right to review, alter and change any of the Terms on Our site by updating this page at our sole discretion in anyway without notice and can apply all changes and updates retroactively, including but not limited to the Services We offer. Any changes to the Terms take immediate effect from the date of their publication. Before you continue to use our site, we recommend you revise these Terms.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you.
3.1. Where the option is given to you, you may make payment of the Service Fee by way of:
(a) Bank deposit to the accounts supplied to you on our invoices.
(b) Via credit card in person.
3.2. All payments made in the course of your use of our Services are processed using the options we provide to you either in person or on our Website. In using the Website, the Services or when making any payment in relation to your use of our Services, you warrant that you have read, understood and agree to be bound by the payment provider terms and conditions which are available on their website.
3.3. You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
3.4. You agree and acknowledge that Cleanse Heal Nourish Grow can vary Service Fees at any time and that the varied Service Fee will come into effect immediately unless agreed by us.
5. Refund Policy
Cleanse Heal Nourish Grow will only provide you with a refund of the Service Fee in the event we are unable to continue to provide the Services or if Kate Willis makes a decision, at an absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Service Fee that remains unused by the The client.
6. Copyright and Intellectual Property
6.1. The Website, the Services of Cleanse Heal Nourish Grow are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, added code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cleanse Heal Nourish Grow or its contributors.
6.2 Cleanse Heal Nourish Grow retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business/trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(b) a right to use or exploit a business name, trading name, domain name, trade-mark, industrial design;
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
6.3 You may not, without the prior written permission of Cleanse Heal Nourish Grow and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re- use or are in the public domain.
8. General Disclaimer:
8.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and,
(b) Cleanse Heal Nourish Grow will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Cleanse Heal Nourish Grow make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Cleanse Heal Nourish Grow) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Cleanse Heal Nourish Grow; and
(d) the Services or operation in respect to links which are provided for your Convenience.
9. Limitation of liability
9.1. Cleanse Heal Nourish Grow’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9.2. You expressly understand and agree that Cleanse Heal Nourish Grow, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.1 You agree to indemnify Cleanse Heal Nourish Grow, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or,
(c) any breach of the Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Cleanse Heal Nourish Grow, or Our nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Rockhampton, Australia Queensland unless stated otherwise by Cleanse Heal Nourish Grow, or Our nominee;
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.5. Termination of Mediation:
If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so unless otherwise stated by Cleanse Heal Nourish Grow, or Our nominee;
12. Venue and Jurisdiction
The Services offered by Cleanse Heal Nourish Grow is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
13. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.