Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.wholefoodhealing.com.au (the 'Website'). The Website provides you with an opportunity to read information and browse and purchase various products or service packages that may be listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Services').
1.2. The Website is operated by Wholefood Healing. Access to and use of the Website, or any of its associated Products or Services, is provided by Wholefood Healing. Please read these terms and conditions (the '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 the Services, immediately.
1.3. Wholefood Healing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Wholefood Healing updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
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 by Wholefood Healing in the user interface.
3. Using the Website
3.1. As part of your continued use of the Services or the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
3.2. You warrant that any information you give to Wholefood Healing in the course of using the Website will always be accurate, correct and up to date.
3.3. You must not use the Website if:
(a) you do not have legal capacity to form a binding contract with Wholefood Healing; or
(b) you are a person barred from using the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a User
4.1. As a User, you agree to comply with the following:
You will use the Website only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Wholefood Healing of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Wholefood Healing providing the Services;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Wholefood Healing for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In purchasing Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through Paypal
(the 'Payment Gateway Provider')
5.3. Following payment of the Purchase Price being confirmed by Wholefood Healing, you will be issued with a receipt to confirm that the payment has been received and Wholefood Healing may record your purchase details for future use.
5.4. Wholefood Healing may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this clause.
6.1. Wholefood Healing's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 30 days from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Wholefood Healing showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice by email at email@example.com.
6.4. Where the Warranty Claim is accepted then Wholefood Healing will, at its sole discretion, either repair, replace or re-deliver any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Wholefood Healing and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7.1. You acknowledge that the Services offered by Wholefood Healing integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2. In providing the Services, Wholefood Healing may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Wholefood Healing is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Wholefood Healing asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.
8. Copyright and Intellectual Property
8.1. The Website, the Services and all of the related products of Wholefood Healing 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Wholefood Healing or its contributors.
8.2. Wholefood Healing retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Wholefood Healing; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Wholefood Healing 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 Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
10. General Disclaimer
10.1. You acknowledge that Wholefood Healing does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Wholefood Healing will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these 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.
10.4. 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 these Terms are excluded; and
(b) Wholefood Healing we 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.
10.5. Use of the Website, the Services, and any of the products of Wholefood Healing (including the Delivery Services), is at your own risk. Everything on Website, the Services, and the Products of Wholefood Healing, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Wholefood Healing (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Wholefood Healing) referred to on the Website. This 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 Purchase Service, or any of its Content 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;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Wholefood Healing is not liable for any loss or damage, however caused (including without limitation by our negligence) suffered or incurred by you in connection with this agreement.
However, we do not exclude or limit liability:
(a) for losses that are covered by an insurance policy;
(b) for losses resulting from fraud, wilful default or abandonment; or
(c) for our negligence or negligent omission which causes you personal injury or death. 11.2. For clarity, and without limiting this clause, the parties agree that this limitation of liability applies in connection with a breach of this agreement, anticipated breach of this agreement or other conduct regardless of the seriousness or nature of that breach, anticipatory breach or other conduct.
11.3. We exclude any liability for consequential losses, whether direct or indirect (and including but not limited to loss of profits and losses as a result of negligence) that were in contemplation of the parties at the time of contracting. Nothing in this clause will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be capable of exclusion under applicable law. Our liability for any claim that is not able to be excluded, is limited to the re-supply of the services, or the cost of having the services re-supplied.
11.4. You expressly understand and agree that Wholefood Healing, its affiliates, employees, agents, contributors, third party content providers 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.
11.5. Wholefood Healing is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Wholefood Healing, by third parties or by any of the Services offered by Wholefood Healing.
11.6. You acknowledge that Wholefood Healing does not provide the Delivery Services to you and you agree that Wholefood Healing will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Wholefood Healing as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Wholefood Healing at any time; and
(b) closing your accounts for all of the Services which you use, where Wholefood Healing has made this option available to you.
Your notice should be sent, in writing, to Wholefood Healing via firstname.lastname@example.org
12.3. Wholefood Healing may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Wholefood Healing is required to do so by law;
(c) the partner with whom Wholefood Healing offered the Services to you has terminated its relationship with Wholefood Healing or ceased to offer the Services to you;
(d) Wholefood Healing is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by Wholefood Healing is, in the opinion of Wholefood Healing, no longer commercially viable.
12.4. Subject to local applicable laws, Wholefood Healing reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Wholefood Healing's name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Wholefood Healing have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Wholefood Healing, 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. 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 14 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, 14 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 the President of the Conflict Resolution Service or his or her 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 New South Wales, Australia.
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.
14.5. Termination of Mediation:
If 3 months 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.
15. Venue and Jurisdiction
The Services offered by Wholefood Healing is intended to be viewed or used 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 New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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.
1. We respect your privacy
1.1. Wholefood Healing respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. Wholefood Healing will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. Wholefood Healing may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Wholefood Healing may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Wholefood Healing, www.wholefoodhealing.com.au, its customers or third parties.
6. Security of your personal information
6.1. Wholefood Healing is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at email@example.com.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to . We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you visit our website
When you come to our website (www.wholefoodhealing.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.4. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval
of these websites. Please be aware that Wholefood Healing is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
15 April 2016