Terms And Conditions

Website Terms of Use – www.earthradiance.com.au

This Website (‘Website’) is owned and operated by NTP Enterprises Pty Ltd

The material on the Website is copyright © [2018] [Earth Radiance] and/or other copyright owners.

The Earth Radiance brand and company is wholly Australian owned. The pages on this website contain information about products and services available in Australia and other countries. Consumers are advised to check the individual product or service to determine its availability where you reside. Any prizes, gifts, giveaways and services are offered to consumers in Australia and nowhere else.

All comments and statements made on this website and corresponding social media sites are based on Earth Radiance’s personal view only and are not intended as medical or legal advise in anyway.

Please always consult your medical practitioner directly on any concerns that you have. Always consult your medical practitioner before starting any new diet or health regime. Always consult your medical practitioner before using any products sold or recommended if you are pregnant or have any allergies.

Every attempt has been made to list the ingredients, and vegan/gluten free status on each product to the best of our ability, these are to be used as a guide only and are not guaranteed. Please always contact the manufacturer directly to check for updates and changes to ingredient listings.

The website is available for you to access, conditional on your acceptance without limitation or alteration of the terms and conditions set out below. You must not use this Website if you do not agree to be bound by these Website Terms.

Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Site and all information contained within it regarding or relating to the Owner and its related entities, products and services is provided ‘as is’ and on an ‘as available’ basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.

Terms of Use

  1. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when they change.
  2. Earth Radiance service is primarily to provide services, events & products that are supportive to a healthier & happier lifestyel. We also provide educational resources in varied media to educate, elevate & empower women and the community.
  3. All prices are in Australian Dollars (AUD) and are inclusive of GST for Australia and exclusive of GST outside Australia.
  4. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  5. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. In other words, please ask first, it’s polite.
  6. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
  7. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  8. The copyright to all-content on this website including applets, graphics, images, layouts, all trade marks, brands and logos generally identified either with the symbols TM or ® and text belongs to us or we have a licence and/or permission to use those materials.
  9. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website can be used to promote our website, products and services. Thank you.
  10. To the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms and conditions, is excluded.
  11. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  12. From time to time we may host third party content on our website such as articles, advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
  13. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from non-delivery of goods; however, we will do our very best to track and trace your parcel on your behalf. We will then assist in insurance claims if necessary to ensure your goods are received, replaced or refunded by freight carrier that loses your goods.
  14. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of products or information from our website.
  15. These terms and conditions are to be governed by and construed in accordance with the laws of Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Australia and you agree to submit to the jurisdiction of those Courts.
  16. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

Use of material on the website

  1. Except for the limited use set out these Website Terms, you may not use the Website, or the material contained on it, for any purpose, including, but not limited to:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium to any other website;

(iv) ‘framing’ the material on the Website with other material on any other website.

  1. You must not modify or copy:

(i) the layout of the Website; and

(ii) any computer software and code contained in the Website.

  1. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on the Website is provided for personal use only and may not be:

(i) re-sold and/or re-distributed in any material form;

(ii) stored in any storage media; and/or

(iii) re-transmitted in any media;

without the prior written consent of the Owner.

Promotions and Offers

If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

Disclaimer

  1. Features and specifications of products and services described or depicted on this Website (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on this Website and their attributes) are approximate only and subject to change without notice. A reference to products or services on this Website does not imply or warrant that the products or services will be available at any time in your particular locality.
  2. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in this Agreement, express or implied, including but not limited to:

(i) any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; or

(ii) any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(iii) any warranty that the Website, or the server that makes the site available are free of software viruses;

(iv) any warranty that the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(v) any warranty that errors and defects in the Website will be corrected.

Limitation of Liability

  1. Your use of the Website is at your own risk. To the extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the Owner is aware of such errors or omissions. Nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions, defamatory, offensive or illegal conduct of any user of the Website.
  2. The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the Owner, to:

(i) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and ; or

(ii) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Use of Information Gathered

  1. The terms of the Owner’s Privacy Policy are incorporated into these Terms of Access.

Termination of Access

  1. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

1.The Owner reserves the right to change these Terms of Access:

(i) with or without further notice to you; and

(ii) without giving you any explanation or justification for such change.

Relevant Jurisdiction

  1. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  2. These Terms of Access will be governed by and interpreted in accordance with the law of NSW, Australia, without giving effect to any principles of conflicts of laws.
  3. You agree to the jurisdiction of the Courts of NSW to determine any dispute arising out of these Terms of Access.

Prizes, Gifts and Giveaway Items

Subject to any specific terms or conditions that are displayed with any prize, gifts and giveaways at the time they are offered, displayed or advertised, when prizes, gifts or giveaway items or the like are offered, displayed or advertised on our Website, to full extent permitted by law The Owner:

  1. may withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize/s; and
  2. will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the withdrawal of the prize/s;
  3. in the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any reason, we may supply in it/their place an alternative items/s of a similar nature and value; and
  4. supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the gift/s and/or giveaway items/s, to the extent permitted by law; and
  5. will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s.

Participation in Interactive Portions of the Website & Related Social Media Channels

  1. The Website may contain interactive components where you can submit material to the Website.
  2. Any intellectual property rights in any material submitted to the Website becomes and remains the sole property of the Owner. You consent to all relevant acts or omissions in relation to that person’s moral rights in his or her material which may or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waives all of his or her moral rights in the material.
  3. The Owner may, but is not obliged to, moderate any material you submit to the Website or social media pages including, without limitation, changes to spelling and grammar, and any material which may be offensive, defamatory or irrelevant. The Owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Website or social media media channel where we believe that you have misused it or breached this Agreement.

Reviews

To comply with Australia laws, we are required to monitor all publicly posted product reviews on our website and in accordance with Australian laws, remove any of these reviews if they appear fake, offensive, defamatory or irrelevant. This also includes reviews that imply a product has caused any medical conditions including allergies or reactions. Star ratings on reviews can not be altered by us, but we may need to edit reviews on occasion to omit words which appear defamatory or offensive. If they are you are free to contact us on orders@nourishedlife.com.au for any further clarification on review monitoring and for a copy of the legal code. Please note that if you contact us, we can amend reviews so they can still be posted rather than remove all together.