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- Welcome to www.natbod.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been 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 ‘Purchase Services‘).
- The Website is operated by NatBod . Access to and use of the Website, or any of its associated Products or Services, is provided by NatBod. 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 Services, immediately.
- NatBod reserves the right to review and change any of the Terms by updating this page at its sole discretion. When NatBod 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.
- 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 NatBod in
the user interface.
- In order to access the Purchase
Services, you must first register as a user of the Website. As part of the
registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
- You warrant that any information
you give to NatBod in the course of completing the registration process will
always be accurate, correct and up to date.
- Once you have completed the
registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the
Terms. As a Member you will be granted immediate access to the Purchase
Services.
- You may not use the Purchase
Services and may not accept the Terms if:
- you are not of legal age to
form a binding contract with NatBod; or
- you are a person barred from receiving
the Purchase Services under the laws of Australia or other countries including
the country in which you are resident or from which you use the Purchase
Services.
- As a Member, you agree to
comply with the following:
- You will use the Purchase
Services only for purposes that are permitted by:
- any applicable law, regulation
or generally accepted practices or guidelines in the relevant jurisdictions;
- 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 Purchase Services;
- any use of your registration
information by any other person, or third parties, is strictly prohibited. You
agree to immediately notify NatBod of any unauthorised use of your password or
email address or any breach of security of which you have become aware;
- 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 NatBod providing the Purchase Services;
- you will not use the Purchase
Services or Website for any illegal and/or unauthorised use which includes
collecting email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorised framing of or linking to
the Website;
- 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 Purchase
Services. Appropriate legal action will be taken by NatBod for any illegal or
unauthorised use of the Website; and
- you acknowledge and agree that
any automated use of the Website or its Purchase Services is prohibited.
- In using the Purchase Services
to purchase the Product through the Website, you will agree to the payment of
the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price
may be made through PayPal (the ‘Payment
Gateway Provider‘)
- In using the Purchase Services,
you warrant that you have familiarised yourself with, and agree to be bound by,
the applicable Terms and Conditions of Use, Privacy Policy and other relevant
legal documentation provided by the Payment Gateway Providers.
- Following payment of the
Purchase Price being confirmed by NatBod, you will be issued with a receipt to
confirm that the payment has been received and NatBod may record your purchase
details for future use.
- NatBod may, at their sole
discretion, provide a refund on the return of the Products within 30 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.
- NatBod’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 and
compensation for any other reasonably foreseeable loss or damage. 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‘).
- You may make a claim under this
clause (the ‘ Warranty Claim‘) for
material defects and workmanship in the Products within 12 months from the date
of purchase (the ‘ Warranty Period‘).
- In order to make a Warranty
Claim during the Warranty Period, you must provide proof of purchase to NatBod
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 to
NatBod at 23 Meakin Street, Tuross Head, New South Wales, 2537 or by email at
contact@natbod.com.
- Where the Warranty Claim is
accepted then NatBod will, at its sole discretion, either repair or replace 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.
- The Warranty shall be the sole
and exclusive warranty granted by NatBod 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.
- All implied warranties
including the warranties of merchantability and fitness for use are limited to
the Warranty Period.
- 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.
- You acknowledge that the
Purchase Services offered by NatBod integrate delivery (the ‘ Delivery Services‘) through the use of
third party delivery companies (the ‘ Delivery
Service Providers‘).
- In providing the Purchase
Services, NatBod 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 NatBod 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.
- In the event that an item is
lost or damaged in the course of the Delivery Services, NatBod asks that you:
- contact the Delivery Service
Provider directly to request a refund or to claim on any insurance options
available; and
- contact us by sending an email
to contact@natbod.com 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 Purchase Services.
- The Website, the Purchase
Services and all of the related products of NatBod 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 NatBod or its
contributors.
- NatBod 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:
- the business name, trading
name, domain name, trade mark, industrial design, patent, registered design or
copyright of NatBod; or
- the right to use or exploit a
business name, trading name, domain name, trade mark or industrial design; or
- 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).
- You may not, without the prior
written permission of NatBod 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 content 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.
- NatBod takes your privacy
seriously and any information provided through your use of the Application and/or
the Purchase Services are subject to NatBod’s Privacy Policy, which is
available on the Application.
- You acknowledge that NatBod does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- NatBod 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.
- 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.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- NatBod 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of NatBod (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of NatBod, 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 NatBod (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 Purchase Services (including the products or Purchase Services of NatBod) 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:
- 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;
- 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);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- NatBod’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of NatBod is the resupply of information or Purchase Services to you.
- You expressly understand and agree that NatBod, 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.
- NatBod 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 Purchase Services, whether posted or caused by users of the website of NatBod, by third parties or by any of the Purchase Services offered by NatBod.
- You acknowledge that NatBod does not provide the Delivery Services to you and you agree that NatBod 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.
- The Terms will continue to apply until terminated by either you or by NatBod as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying NatBod at any time; and
- closing your accounts for all of the Purchase Services which you use, where NatBod has made this option available to you.
- Your notice should be sent, in writing, to NatBod via the ‘Contact Us’ link on our homepage.
- NatBod may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- NatBod is required to do so by law;
- the partner with whom NatBod offered the Purchase Services to you has terminated its relationship with NatBod or ceased to offer the Purchase Services to you;
- NatBod is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by NatBod is, in the opinion of NatBod, no longer commercially viable.
- Subject to local applicable laws, NatBod 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 Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts NatBod’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and NatBod 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.
- You agree to indemnify NatBod, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- 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
- any breach of the Terms.
- Compulsory:
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).- Notice:
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. - Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:- 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;
- 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 Third Party Mediation Body or his or her nominee;
- 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;
- The mediation will be held in New South Wales, Australia.
- Confidential
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. - Termination of Mediation:
If 2 weeks 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.
- The Purchase Services offered
by NatBod 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 New South
Wales, Australia.
- 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.
- 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.
