Niyama Naturopathic – Website Terms and Conditions
This website (Site) is operated by Rachel Hulme T/A Niyama Naturopathic ABN 41 469 486 561 (we, our or us).
Consent:
By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations:
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct:
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) Using our Site to defame, harass, threaten, menace or offend any person;
(c) Interfering with any user using our Site;
(d) Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) Using our Site to send unsolicited email messages; or
(f) Facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors:
You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information:
The Content is not comprehensive and is for general information purposes only. It is not medical advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Any information or recommendation contained on the Site is general only and does not constitute medical, health wellness or nutritional advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on the Site in deciding to purchase the products and will be relying on your own enquiries and advice in deciding whether the products are right for you. We accept no responsibility and will not be liable for any harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any advice, information or recommendation contained on the Site being inaccurate, incomplete, unsuitable or incorrect.
Services:
We adhere to the Australian Consumer Law (ACL) guidelines for reasonable refunds and exchange policy.
- Upon purchasing a consultation, you waive the right to a full refund if you cancel your appointment within 24 hours of the scheduled appointment time. Refund will be to the discretion of the owner.
- If there are technical difficulties due to fault of Niyama Naturopathic at the time of your consultation, and the consultation can not go ahead as scheduled, we will attempt to reschedule your appointment at a mutually convenient time. If this is not possible, then a full refund will be issued.
- We are not liable for any adverse reaction experienced from products purchased from our website. You have due diligence to assess if the product is appropriate for you before purchasing. You also have access to staff to enquire if a product is suitable for you prior to your purchase.
International Consultations and Sales:
Rachel Hulme is a qualified naturopath under Australian education standards. Rachel Hulme has professional recognition and membership with The Australian Traditional Medical Society, membership number 22014.
Liability insurance extends to persons world-wide, with the exception of the USA and Canada. Customers from the USA or Canada waive all rights to litigation when purchasing product or consultations from our website.
Health information and advice:
- Niyama Naturopathic takes no responsibility for any consequences arising from the improper application of information provided by this website or our social media pages. The information and opinions expressed on this website andNiyama Naturopathic’s social media pages are for general information only and should not be regarded as a substitute for medical diagnosis or treatment.Niyama Naturopathic has made every effort to ensure the accuracy of the information contained on this website, but does not accept liability for errors or omissions, both within this site or any link attached to this site.
- The information contained on this website, and any information posted onNiyama Naturopathic’s social media pages, should not be used for diagnosis or treatment of any health problem, and should not be used as a means to directly or indirectly prescribe any remedy without prior written consent from a healthcare professional. A healthcare professional should always be consulted prior to commencing any diet, exercise, or supplementation program, or if you have or suspect you might have a health problem. At no time should any information on this website be applied without the guidance of a trained healthcare professional. Adjustments to prescribed medications should never be made without the approval of your medical doctor.
- Should you take action based on any of the information provided by Niyama Naturopathic, contracted sources, guests to this website, or posts and links on Niyama Naturopathic’s social media pages, you do so at your own risk.
Downloads:
This website may offer paid and free downloads. While every effort is made to ensure that these downloads are safe, Niyama Naturopathic is not responsible for any viruses or other damage which may occur as a result of downloading material from this website. Please ensure that you have adequate protection against electronic viruses that may occur without Niyama Naturopathic’s knowledge or consent.
Intellectual Property rights:
We own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) Copy or use, in whole or in part, any Content;
(b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content:
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites:
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance:
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers:
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) Access will be uninterrupted, error-free or free of viruses; or
(c) Our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability:
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity:
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination:
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes:
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other Parties) submit the Dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC), with such mediation to be conducted:
(1) In good faith;
(2) In New South Wales; and
(3) In accordance with the ACDC Mediation Guidelines.
The costs of mediation are to be split between the relevant Parties, provided that each Party will bear its own costs in relation to the mediation. If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the Parties, the Dispute may be referred by any Party involved in the Dispute (by written notice to the other Parties) to litigation. If the parties do not resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance:
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction:
Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.For any questions and notices, please contact us at:
Rachel Hulme
Email: rachel@niyama.com.au
Last update: August, 2018
