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Terms and conditions

TERMS OF SALE

By clicking that you understand and agree to these Terms of Sale, you are agreeing to be by these Terms of Service: if you do not agree, you cannot purchase any of our Online Courses. We may changes these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.

 

AFTER PURCHASE

You must:

  • contact us by email at admin@sagenaturopathics.com.au if you have any issues with the online course, including any difficulty downloading, or want to request a refund;
  • maintain the confidentiality of your login and password for your membership account;
  • not allow other people to use your membership account;
  • not reproduce, duplicate, copy, sell, re-sell or exploit The Fertility Boost course or materials in any way;
  • seek our prior written consent before any publication of information about us; and
  • in the case of a dispute keep all communications confidential.


GENERAL TERMS

 

INTRODUCTION

These terms and conditions, including these General Terms and the Specific Terms in the Annexure (together  the ‘Terms’) apply to every client (client, you or your) who uses our information, or purchases or uses Products and/or Services from Sage Naturopathics, ABN 99 621 681 749 (we, us, our).

 

To the extent of any inconsistency in these Terms, the Specific Terms prevail over the General Terms.

 

DEFINITIONS

Highlighted words in these Terms have the meaning given below.

Business means: Sage Naturopathics, 25/50 James Street, Burleigh Heads which includes our dispensary, apothecary and associated online store available at our website https://sagenaturopathics.com.au/.

 

Products means:

Example list of Products: health related products sold in our Clinic or online store available on our Site including without limitation herbs, tonics, supplements, nutraceuticals, homeopathic preparations, food and beverage products, cosmetics, skin care products, baby and pregnancy related goods, gift cards, books, e-books, educational materials other associated products that we make available for our clients to use and/or purchase from us from time to time.

 

Services means:

Example list of Services: means in-clinic or online consultations with our naturopaths (Consultations) and provision of detailed and personliased treatment plans (Treatment Plans), and online educational programs or courses, recommendations, advice, suggestions or proposed actions, both in general and specific to your personal information and other associated services that we may provide to our clients from time to time.

 

Please read these Terms carefully. By using our Products and Services, you agree to be bound by these Terms, as well as our Privacy Policy and our Website Terms of Use (collectively our Documents), which are available on our Site and upon request. These Documents govern the legal relationship between you and us in connection with your use of our Products and Services.

 

In purchasing and/or using our Products and Services, you warrant that you have had sufficient opportunity to access these Terms and contact us, and that you have read, accepted and will comply with our Terms and that you are 18 years or older. If you are under 18 years of old, you must get your parent or legal guardian to read these terms and agree to them for you. If you (or your parent/guardian) do not agree to these Terms, you must stop using our Site and/or our Products and Services.

 

FEES AND PAYMENTS

Fees: We will inform you of our fees upon request, at time of booking or point of purchase. By continuing to engage us to provide the Services, or by purchasing our Products you agree to pay the required fees, including without limitation any applicable postage and delivery fees (for Products) notified to you, or any cancellation or failure to attend fees (for Services) as set out in these Terms. We will provide you with an invoice for fees charged by us for our Products and Services.

 

Prices: Unless indicated otherwise, all of our prices for our Products and Services are in Australian dollars. All prices are subject to change with notice. Except as otherwise provided in these Terms, prices for items in an order are fixed once your order has been confirmed.

 

GST: If and when applicable, Australian Goods and Services Tax (GST) (or an equivalent or replacement goods and services tax) is payable on our Products and Services and if payable, will be set out on our invoices.  By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

 

Payments: Unless otherwise indicated on the invoice or agreed by us in writing, all fees must be paid at the time you place an order (for Products) or at the time you book or receive a Service. See the attached Annexures for specific details regarding payment for different Products and Services. We accept payments via cash, Paypal, credit card, bank transfer and EFTPOS. We accept all credit cards other than American Express and Diners Club.

 

 

REFUND POLICY: If you request a refund for any Product or Service, we request you write or email us a request for refund outlining the amount to be refunded and the reason why you are requesting a refund. We will consider your request and will notify you of the outcome of your request within 14 business days.  Please note that we may refuse to give a refund for any of our Products or Services if you simply change your mind. Online courses have a right to refund, until the course commencement date, and access to course information is available, after which a refund will be refused. Please see the attached Annexures for specific details regarding our refund policy for different Products and Services.

 

DISCLAIMER AND LIMITATION OF LIABILITY

Products and Services: It is your responsibility to ensure that any Product or Service meets your specific and individual requirements. Before purchasing Products from us or engaging us to provide the Services to you, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, including from your primary care physician, counsellor or other healthcare providers where necessary or desirable.

 

Disclaimer: During the course of providing Products and Services to you, we may give you personalised advice, within the scope of our practice, based on your health goals, pathology & functional testing results and health history. We recommend that you share details of any Treatment Plan we provide, including prescribed supplements and lifestyle recommendations, with your primary care physician or other relevant healthcare providers and discuss the recommendations made by us before undertaking any such recommendations. You are at all times solely responsible for any actions you take, or do not take, as consequence of the recommendations we make to you, and you will hold us and our officers, employees, contractors and representatives, harmless against all losses, costs and expenses in this regard, subject to what is set out below.

General: Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and to the fullest extent permitted by law, we exclude express or implied representations, conditions, warranties, guarantees, terms and similar, relating to these Terms, and any Products or Services supplied by us.

Australian Consumer Law: Certain provisions of the Australian Consumer Law and other statutes, rules and regulations may imply certain non-excludable terms, warranties or conditions for consumers including consumer guarantees (Non-Excludable Conditions). To the extent such conditions cannot be excluded, they are included in these Terms.  Our liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

 

Limitation of liability: Except for liability in relation to breach of Non-excludable Condition, and to the extent permitted by law, we exclude all liability whatsoever for any loss or damage of any kind including any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of business profits, use, goodwill, data or other intangible losses, cost of procurement of substitute goods or services, or any other special, indirect, or consequential damages (even if we have been advised of the possibility of such damages) however caused (including negligence) arising out of or in any way connected with the Products and Services.

 

No Guarantee of Outcomes: We do not make any guarantees or representations as to results or outcomes (including, for example, cure of a particular disease or resolution of any symptom or condition etc.) as a result of using our Products and Services and/or following our advice or recommendations.

 

INDEMNITY

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms or the Documents; (iii) any misuse of the Products or Services; (iv) or breach of other laws from or by you.

 

DISPUTES

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or licences all rights, title and interest (including intellectual property rights) in our Site, information posted on our Site by us and our Services and Treatment Plans. Your use of our Products and Services, and your submission of personal information to us, including your health information, does not grant or transfer to you any rights, title or interest in relation to our Site or the Products and Services whatsoever.

 

CONFIDENTIAL INFORMATION

Your use of the Products and Services is for personal purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Products and Services, use the Products or Services for any commercial purposes or for your own financial gain. You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed as confidential by us and you agree not disclose this information without our permission and written consent (which may be withheld in our absolute discretion). We note, this limitation does not include sharing details of your Treatment Plan, recommendations or test results with your primary care physician or other relevant healthcare providers, which we recommend that you do.  

 

GENERAL

Modifications: We reserve the right to amend in any way we see fit our Products and Services and the Terms under which the Products and Services are offered, including but not limited to the fees of our Products and Services and our refund policy, without prior notice to you. These amended terms will be made available to you on our Site or upon request. You agree that by continuing to use our Products and Services after the date of any amendment to the Terms you are agreeing to the relevant amendments.

Delays: You acknowledge and agree that we are excused from supplying our Products and Services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration.

Severance: If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

No waiver: Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Notices to you: We may notify you by email, via a general notice on our website https://sagenaturopathics.com.au/ or by another reliable method to an address or using contact information previously provided by you.

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.

Restricting Access: We reserve the right to restrict or terminate your access to our Services or our Site at any time without notice and we can refuse to sell our Products to you if we choose to do so.

Privacy: We take our obligations of privacy very seriously and comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth). Our Privacy Policy available here https://sagenaturopathics.com.au/privacy-policy-2/ sets out the manner in which we treat your personal information, including your health information.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Jurisdiction: Your use of our Products and Services and these Terms are governed by the laws of Queensland. Any dispute arising out of your use of our Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

 

Our Products and Services may be accessed by clients throughout Australia and overseas.  We make no representation that our Products and Services comply with the laws (including intellectual property laws) of any country outside Australia.  If you purchase or otherwise use our information or Products and Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of that jurisdiction.

 

For any questions about these Terms, please contact us at:

Sage Naturopathics, ABN 99 621 681 749

25/50 James Street, Burleigh Heads, Queensland 4220         

+617 5601 0277

caroline@sagenaturopathics.com.au

 

Last update: May 2022


Terms specific to Products

 

  1. Ordering and paying for your Products
    1. You may order and/or purchase Products from us in our Clinic, or via our Site. By proceeding with your order, you accept our Terms and Documents.
    2. We may use third party sites, such as Vit.ly and others notified to you from time to time to add personalised Product scripts for you. You may order recommended Products from your script by setting up an account, logging in, accessing your scripts and ordering online and paying online. You may repurchase until the script expires.
    3. Payment for all Products will be processed at the time they are ordered or purchased, unless agreed otherwise.
  2. Delivery: Title and risk of loss to all Products will pass to you on delivery.
  3. Shipping: For any orders we post to you, please note we will charge you a postage fee. This standard delivery fee is approximately $10.55 Australia wide and may take 2-5 business days to be delivered. Prices can vary. If you have any questions regarding shipping, please contact us.
  4. Damage: If you receive your Product in the post and it is faulty or damaged, please take clear photos of the damaged product and notify us in writing immediately.
  5. Gift cards Gift cards are valid for 12 months from the date of issue unless specified otherwise. Gift cards cannot be returned, refunded or exchanged for cash. Gift card may be used for any Products or Services, but cannot be used for online purchases.
  6. Cancellation policy: If you provide us with written notice of cancellation of your order before we have prepared or posted it then we will cancel your order and not charge you for the Products (or provide a refund if you have already paid for it). If we have already prepared personalised products for you (i.e. personalised herbal or homoeopathic tinctures), you will be unable to cancel the order, and will be unable to provide a refund for that particular Product and /or will require full payment for that Product.
  7. Refund policy: Subject to our refund policy contained in our General Terms, and any applicable laws, including Australian Consumer Laws, please note we do not offer refunds on Products if you simply change your mind. We also do not offer refunds for any Products that have been opened, used, damaged (by you) or are otherwise unable to be resold by us (including any Products made specifically for you (i.e. personalised herbal or homeopathic formulas) even if unopened or used. If we have processed an order that is incorrect, made without your authorisation, or the Product you received is faulty, damaged or subject to a recall notice, please notify us immediately so that we can work with you to provide a suitable resolution in accordance with these Terms.
  8. Product Recalls: In the situation that a Product is recalled and deemed unsafe, you will have a new product issued to you as soon as possible. This situation is rare but can happen and we will contact you immediately to cease the consumption of the specific product.
  9. Allergies and reactions: Please note some of the Products we sell may contain ingredients that are derived directly from nuts or otherwise contain potential allergens or ingredients that you may react to (gluten, dairy etc). Some herbs or other ingredients may be contraindicated with certain conditions including during pregnancy. It is your responsibility to read through the ingredients list prior to purchase of the Product and to contact us if you are unsure whether a Product is right for you. If you buy a Product and have a reaction to it, please discontinue use and contact us. Please noted we will not be held liable for allergic or adverse reactions. We do not exchange or refund on the basis of allergic or adverse reactions to products.
  10. Practitioner-only products and herbal medicines: In order to access and purchase practitioner-only products, you will require a consultation with one of our practitioners prior to purchase.