Terms & Conditions

Site Terms and Conditions
1.1
 This website is owned, operated and maintained by HealthVitalityNatually.com, Coffs Harbour, NSW

Australia 2450 (the Operator).
 
1.2
 These Terms and Conditions apply to your use of the website at www.HealthVitalityNatually.com (Site).

Please read these Terms and Conditions carefully before accessing or using the information and services

available through the Site. By accessing or using the Site you agree to be bound by these Terms and

Conditions.
 
1.3
 If you register as a merchant with the Operator on the Site, you accept you are also bound by separate

Merchant Terms and Conditions in addition to these Terms and Conditions.
 
1.4
 These Terms and Conditions may be modified from time to time and you should regularly review them.
 
1.5
 Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions

and any modifications to them.
 
 
 
2
 Use and Eligibility
 
2.1
 The Site is only intended for individuals who can form legally binding contracts. By using the Site you

are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not

use the Site if you do not qualify.
 
2.2
 You must not use the Site to:
 
 
 (a)
 impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
 
 
 (b)
 interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any

requirements, procedures, policies, or regulations of networks connected to the Site;
 
 
 (c)
 attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site

through any means;
 
 
 (d)
 commit forgery (or attempted forgery);
 
 
 (e)
 harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
 
 
 (f)
 collect or store data about other users or merchants, including e-mail addresses; and
 
 
 (g)
 violate any applicable state, Commonwealth or international law, convention or regulation.
 
 
 
3
 Access
 
3.1
 The Operator reserves the right to deny you access to, or use of, all or part of the Site, without prior

notice, if you engage in any conduct that the Operator believes, in its sole discretion:
 
 
 3.1.1
 violates any term or provision of these Terms and Conditions;
 
 
 3.1.2
 violates the rights of the Operator or third parties; or
 
 
 3.1.3
 is otherwise inappropriate for continued access and use of the Site.
 
3.2
 You acknowledge that the Operator has no obligation to monitor your access to or use of the Site, but has

the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and

Conditions, or to comply with any law or order of a court.
 
 
 
4
 Links and Advertising
 
4.1
 The Site provides a number of services to allow you to compare and shop for your desired product.
 
4.2
 No products are directly sold by the Operator through the Site. The Operator is not acting as an agent

for any party, merchant or supplier and does not sell, re-sell or licence any products listed.
 
4.3
 Neither the Operator nor its officers, directors, employees, agents, or related bodies corporate

recommend or endorse the content or privacy practices of any third party sites which may be linked to or

from the Site, or products or services of any third party organisations mentioned or described on the Site

or linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and

that the Operator is not responsible for third party sites.
 
4.4
 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers

are responsible for the accuracy of all representations made in those advertisements. Neither the Operator

nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods

or services that may be advertised on the Site, nor do they offer the goods or services for sale or make

any other representation whatsoever about them. If you choose to order a product or service advertised by

a third party on the Site, you do so at your own risk.
 
5
 Intellectual Property Rights/ Limited Licence to use the Site
 
5.1
 The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade

marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and

feel, and control features of the Site (Content) is protected by copyright, trade mark and other

intellectual property laws.
 
5.2
 You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in

any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 -

Division 4A of the Copyright Act 1968 (Cth).
 
5.3
 The Operator's logo and name are the property of the Operator and may not be used as part of your

business or in connection with any goods and services without the prior written consent of the Operator.
 
5.4
 If you consider that any Content on the Site breaches your intellectual property rights please notify the

Operator. Notification, and any action that the Operator may take in response to the notification is not

an admission that there has been a breach of intellectual property rights, or that the Operator accepts

any liability in relation to such a breach. The Operator does not guarantee to take any action if notified

under this clause.
 
 
 
6
 Content and Reviews
 
6.1
 To the extent permitted by law, the Operator makes no warranties in relation to the Content, completeness

of search results, suitability, quality, safety or legality of any items listed on the Site or the

availability of users to complete a transaction with third parties (see Warranties below).
 
6.2
 Reviews and ratings are from our users who have elected to post these on the Site. Any user can review

and rate a product or merchant, and as such, the Operator gives no warranty as to the accuracy or truth of

any review or rating nor the level of performance that may be expected from products based on ratings or

reviews.
 
 
 
7
 Indemnity
 
 
 You agree to indemnify, defend, and hold harmless the Operator, and its officers, directors,

shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any

and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable

lawyers' fees) arising from your use of the Site or your failure to comply with these Terms and

Conditions, or from your violation of any applicable law.
 
 
 
8
 Disclaimer of Warranties and Limitation of Liability
 
8.1
 Subject only to clause 8.2 below:
 
 
 8.1.1
 this Site is provided by the Operator on an “as is” basis without any express or implied warranty of any

kind;
 
 
 8.1.2
 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly,

you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or

modified by third parties;
 
 
 8.1.3
 the Operator does not warrant that access to or use of this Site will be uninterrupted or error free or

that the Site or any material on or accessible through the Site is free from errors or viruses, worms,

trojan horses, time bomb, cancelbot or other harmful components;
 
 
 8.1.4
 the Operator does not warrant anything about the reliability, ownership, accuracy, completeness,

timeliness, quality, physical state or suitability for a particular purpose of any Content, software,

text, graphics, links, communications, or any other material provided on or accessible through the use of

the Site;
 
 
 8.1.5
 the Operator may change any of the material on the Site at any time without notice;
 
 
 8.1.6
 the Operator makes no commitment to update any material on the Site;
 
 
 8.1.7
 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on

or accessible through the Site;
 
 
 8.1.8
 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from

using the Site or the material on or accessible through the Site; and
 
 
 8.1.9
 in no event shall the Operator be liable for any direct, special, indirect, incidental, consequential

loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages

of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort,

negligence, strict liability or otherwise) arising out of:
 
 
 
 (a)
 access to, or use of this Site, or delay or inability to use this Site, or any information contained in

this Site;
 
 
 
 (b)
 the availability and utility of products and services;
 
 
 
 (c)
 the availability or accuracy of third party websites; or
 
 
 
 (d)
 any breach of any third party intellectual property rights.
 
8.2
 Where the laws of any country or state in which these Terms and Conditions are effective implies into

these Terms and Conditions any term, condition or warranty, and those laws void or prohibit provisions in

a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be

included in these Terms and Conditions provided that the liability of the Operator, its officers,

directors, employees, agents and related bodies corporate for a breach of any such term, condition or

warranty, including any economic or consequential loss which you may sustain shall be limited, at the

option of the Operator, to:
 
 
 8.2.1
 in the case of services, the supply of the services again, or the payment of having the services

resupplied; and
 
 
 8.2.2
 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the

payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
 
8.3
 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by

applicable law.
 
 
 
9
 Assignment
 
9.1
 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise)

without the Operator's prior written consent. You agree that the Operator may assign this agreement to a

third party without notice.
 
 
 
10
 Governing law
 
10.1
 These Terms and Conditions are governed by and construed according to the law of the State of New South

Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
 
 
 
11
 Entire Agreement
 
11.1
 Except as provided for in clause 1.3, these Terms and Conditions constitute the entire agreement between

you and the Operator with respect to this Site, and the Terms and Conditions replace all prior or

contemporaneous understandings or agreements, written or oral, regarding the Site.
 
 
 
12
 General
 
12.1
 The Operator shall not be liable by reason of the failure in the performance of obligations under the

Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or

any other cause which is beyond the reasonable control of the Operator, including any form of

technological failure or the actions of third parties.
 
12.2
 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision

shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor

enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and

effect.
 
12.3
 The failure by the Operator to insist upon or enforce strict performance of any of these Terms and

Conditions will not be construed as a waiver of any right or remedy of the Operator in respect of any

existing or subsequent breach of these Terms and Conditions.
 
If you consider that any Content on the Site breaches your intellectual property rights please notify the

Operator by electronic mail to shop@healthvitalitynaturally.com or via mail to the Operator at: PO Box

1273, Coffs Harbour, NSW, Australia 2450. Notification, and any action that the Operator may take in

response to the notification is not an admission that there has been a breach of intellectual property

rights, or that the Operator accepts any liability in relation to such a breach. The Operator does not

guarantee to take any action if notified under this clause.