TERMS OF SERVICE

Welcome! This Website is owned and operated by Nicole Jackson, trading as Naturlind Wellness (ABN 69 641 343 102). If you have any questions or need further information, please contact us via email at hello@naturlindwellness.com.au. Please allow up to 2 business days for a reply.

By accessing or using this website (“Website”), you agree to comply with an be bound by these Terms and Conditions (“Ts&Cs”). Please read these Ts&Cs carefully before using the Website. Together with our Privacy Policy and any additional rules or guidelines posted on the Website from time to time, these Ts&Cs constitute a legally binding agreement between you (the “User”) and Naturlind Wellness (collectively referred to as “we”, “us”, “our”, Naturlind Wellness, and Naturlind Canine Wellness).

If you are under the age of 18, a parent or guardian must read and agree to these Ts&Cs on your behalf. In this case, reference to “you” means you and your parent/guardian, as applicable.

These Ts&Cs apply whenever you access the Website, or purchase services and/or products from us. We reserve the right to update these Ts&Cs at any time by posting the revised version on our Website. Continued use of the Website following any changes signifies your acceptance of the updated Ts&Cs. If you do not agree with any part of these Ts&Cs, you must not use or access our Website.

1. Your Responsibilities

1.1 What you must do: We require you to:

a) arrive on time for your Naturopathy consultations;

b) be courteous and respectful to our practitioners, staff, and clinic guests at all times;

c) complete any intake and follow up documentation we require, providing accurate and completed information about yourself (or your child if you are a parent or legal guardian completing information on behalf of your child) and update this information as required, particularly regarding:

· All current medical conditions

· Known allergies or intolerances (including food, medications and environmental)

· Medications and supplements you are currently taking (including prescription medications, nutraceuticals, herbal medicines, over-the-counter or self-prescribed products)

· Any changes in dosage during the period you receive products and services from us

· Recent vaccinations or boosters

· Dietary preferences (ie vegan or vegetarian)

· Alcohol intolerance (as some of our products may contain ethanol)

· Pregnancy, breastfeeding or trying to conceive

· Any other relevant details that may assist us in providing services and products to you

d) complete and return the new intake form to the clinic at least 48 hours prior to your scheduled appointment;

e) comply with any health and safety rules and guidelines required by us from time to time;

f) deal with us in good faith;

g) comply with all applicable laws and these Terms.

1.2 You are responsible for your treatment outcomes, attending consultations and adhering to the recommendations outlined in your individualised wellness plan to the best of your ability.

1.3 Refusal to service. If you don’t comply with these Terms, we may at our sole discretion, cease providing services and products to you.

2. Fees and Payment Terms

2.1 Orders and Fees: All orders placed are subject to our acceptance and product availability. A contract for sale is only formed once we accept your order.
We are not responsible for any orders placed with third party suppliers e.g., vital.ly, Ariya, Oborne Health Suppliers etc. If you purchase from third party suppliers, you agree to comply with any terms and conditions of those parties and the applicable laws.
Fees for our services and products are listed on the Website (where applicable) or otherwise provided by us in writing from time to time. All fees are quoted in Australian dollars. Where GST is payable, it will be added to the applicable fee. We reserve the right to change our fees at any time with notice provided via the Website and/or by email.

2.2 Payment Terms: To secure your appointment, a non-refundable deposit of $60 is required at the time of booking. Once the deposit is received, a confirmation email will be sent to you. Payment can be made securely via Stripe which is linked to Cliniko software. This deposit will be deducted from your final invoice. Full payment for your consultation is required on the day of your appointment, including bank transfers.
We accept payment methods of credit card, EFTPOS (1.9% surcharge applies), and bank transfer. For bank transfers, please check your invoice for our account details.
If payment is not received on the day, a reminder invoice will be sent 48 hours after the consultation date. If payment is still not made, another reminder will be sent 48 hours later and a late fee of $10 per week will be applied until the invoice is settled in full.
Any dispensed items will only be prepared and shipped after payment has been received. If an item is not in stock, you will be notified, and it will be shipped once available.
All consultation packages must be paid in full at the time of booking to secure your appointment. Packages are valid for 6 months from the date of purchase. It is important to utilise all sessions within this timeframe as no refunds will be provided for any unused sessions after the expiration date. All consultations and consultation packages are non-refundable. Once purchased, the fee cannot be refunded, even if you decided not to utilise the package.

2.3 Accuracy of billing & account information: You agree to provide current, complete and accurate billing and account information for all payments made at our website. If we identify any discrepancies in the provided information, we reserve the right to suspend of cancel your consultation or package until accurate information is provided.

2.4 Order Refusal: We reserve the right to refuse any order you place with us. We may, in sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders place by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify your by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

2.5 Cancellation & rescheduling of naturopathy consultations: All rescheduling and cancellation of Naturopathic consultations will be carried out in accordance with our Cancellation & Rescheduling Policy, which can be found on our Website.

3. Warranties

3.1 Notification of issues with Products. If there are any issues with your order (e.g. shortages, damage or wrong products have been delivered):

a) Products purchased from us. You must notify us within 7 (seven) days of delivery. You can notify us at the address or by the method set out in the Schedule. Please include (i) proof of purchase; (ii) full details of the issue, and any other relevant documentation reasonably requested by us. If Products need to be returned, you will pay the cost of transport and insurance of the products to and from us.

b) Products purchased from a third party. You should contact the third party directly.

3.2 No limitation on your statutory rights. Subject to clause 3.4 (Consumer Guarantees), we make no express warranties or representations other than as set out in this clause 3 and we exclude all liability to you. Nothing in the Terms excludes, restricts or modifies any terms, conditions or warranties that are imposed or implied by law. Limitations and exclusions are made only to the extent that we may legally do so.

3.3 Delivery and risk. Delivery of the Products to a carrier is deemed to be delivery of the Products to you. Risk in the Products transfer to you once we deliver the Products to the carrier.

3.4 Consumer guarantees. Our services and products come with guarantees that cannot be excluded under the ACL. For major failures, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with the Products. If a failure with the Products or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Products and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Service. The benefits of this warranty are in addition to any rights and remedies available at law. Our liability to you is limited to the options set out in this clause 3.

3.5 Refunds. We will only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully, as refunds are not available if you simply change your mind. For further information, please refer to our Shipping, Returns & Refunds Policy which can be found on our Website.

3.6 Warranty. Subject to clauses 3.2 (No limitation on your statutory rights), 3.3 (Consumer guarantees) and 3.7 (Limitation of liability) we warrant that the Services will be free from defects in materials and workmanship under normal use and, in the case of Products, up to the expiry or best before date indicated on such goods (if any) (“Warranty Period”).

3.7 No liability for allergies and reactions. Some of our products, including dispensed items from your consultation, may contain ingredients derived from potential allergens or ingredients that you may react to (e.g. gluten, dairy, nuts etc). Additionally, some herbs or other ingredients may be contraindicated for certain conditions including during pregnancy.
It is your responsibility to carefully read through the ingredients list prior to purchasing any product or accepting any dispensed item. If you have any questions or concerns about whether a product is suitable for you, please contact for clarification.
In the event that you purchase a product or receive a dispensed item and experience an allergic or adverse reaction, you should discontinue use immediately, seek medical support where needed, and reach out to us. By purchasing our products or accepting dispensed items, you acknowledge and agree that we will not be held liable for any allergic or adverse reactions, and that we do not offer exchanges or refunds based on such reactions.

3.8 Limitation of liability. If our Products and Services fail to comply with the warranties set out in this clause 3 and where this is with respect to any goods and a warranty claim is made within the Warranty Period, our liability is limited to (at our sole discretion): (a) in the case of goods, replacing the goods or supplying equivalent goods; (b) in the case of services, supplying the services again or paying the cost of supplying the services again.

3.9 When we will not accept returns. Subject to clause 3.2 (No limitation on your statutory rights), this warranty will not apply and we will not accept goods for return: (i) where the goods have not been stored or used in an appropriate manner; (ii) where the goods have been altered in any way; (iii) where the goods are not in their original condition and packaging; (iv) where you have failed to follow any instructions or guidelines provided by us or on the packaging; (v) if the goods have continued to be used after any defect becomes apparent or would have become apparent to a reasonably prudent user; or (vi) due to any accident or Force Majeure.

3.10 Product descriptions are not warranties. Product descriptions are for the sole purpose of identifying products. They do not constitute a warranty.

3.11 No guarantee of outcomes. Health and wellness results vary depending on your individual health situation, your environment and other factors. Therefore, we do not make any representations or warranties 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.

3.12 Consequential Loss. We are not liable for any Consequential Loss suffered by any person.

3.13 Your liability. You agree that if you breach these Terms, or any liabilities are incurred by us arising out of your use of the Products and Services, you will be responsible for the costs and expenses that we and our Associates incur as a result of the breach, including reasonable legal fees (if applicable). Furthermore, we are not liable for any information, on our Website or elsewhere, being inaccurate, incomplete or not up-to-date; any breach by you of these Terms; any misuse of the Products or Services or any breach of other laws by you.

3.14 No liability for testing. You will be advised whether testing will occur onsite at our clinic or off site by third party providers. We are not responsible for the accuracy of any tests.

3.15 Collection of DNA samples for testing. Where you have ordered a test that requires a DNA sample (i.e., hair sample, saliva, or blood), you authorise us, where required, to collect, handle and process those DNA samples for testing including sending to third party laboratories or organisations for testing. You acknowledge that DNA samples will not be returned to you.

4. Products and Services

4.1 By purchasing our products or services, you indicate that you agree with our Terms.

4.2 Certain products and services may be available exclusively online through our Website. These Products and Services may have limited quantities and are subject to return or exchange only in accordance with our Shipping, Returns & Refund Policy.

4.3 We have made every effort to ensure that descriptions, information and images of our services and products are accurate on our Website. However, we cannot guarantee that all information will meet your expectations. We reserve the right, but are not obligated, to limit the availability of our services and products to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis and reserve the right the limit the quantities of any services, products or items provided during consultations.

4.4 All services, product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any services and products at any time. Any offer for any services and products made on our Website is void where prohibited. We do not warrant that the quality of any services, products, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

4.5 Naturopathic Consultations: Our consultations are designed to provide personalised health assessments and recommendations based on your individual needs. During these consults, our Clinical Naturopath will discuss your health history, current concerns, and dietary and lifestyle factors. Recommendations may include dietary modifications, lifestyle changes, and practitioner-only products. Please note treatment advice is reserved for your scheduled consultation. We cannot provide appropriate support via email or messaging. If you need additional support in between consultations, you are welcome to reschedule your consultation to an earlier time.

4.6 Naturopathic Consultation Packages: Our consultation packages are designed to offer comprehensive support throughout your health journey. These packages include multiple consultations to ensure ongoing assessment and adjustment to your personalised wellness plan. After scheduling your initial consultation, the remaining appointments will be scheduled by our team. As with individual consultations, each session will discuss your health history, current concerns, dietary and lifestyle factors. Recommendations may include dietary modifications, lifestyle changes, and practitioner-only products.

4.7 Practitioner-only Products & Herbal Medicine: Access to practitioner-only products (including liquid herbal medicines) requires a prescription via a Naturopathy consultation with our Clinical Naturopath prior to purchase. Products will be dispensed following your consultation (and receipt of payment) and delivered to the address you provide in your order. For information on delivery and estimates, please refer to our Shipping, Returns & Refund Policy.

4.8 Product recalls: In the event that a Product is recalled, you will have a new product issued to you as soon as possible or you will be refunded for that Product. This situation is rare by can happen and we will contact you immediately to cease the consumption of the specific Product.

5. Delivery of goods

5.1 All delivery of goods will be carried out in accordance with our Shipping, Returns & Refunds Policy, which can be found on our Website or obtained directly from us.

6. Intellectual property rights

6.1 Intellectual Property. Unless otherwise indicated, we retain all rights, title and interest (including Intellectual Property Rights) in any information, materials or content provided to you in the delivery of our consultations, services and products. Your use of our services and products, including submission of personal and health information to us, does not grant or transfer to you any rights to our intellectual property. By accessing and using our services or website, you acknowledge and agree that we own all rights, title and interest (including Intellectual Property Rights) in the content provided. The use of our trademarks, content and intellectual property (whether registered or unregistered) is strictly prohibited without our express written consent. You must not republish, redistribute, sell, rent, reproduce, duplicate, create derivative, copy or otherwise exploit any material from our services or website without prior written permission. Unauthorised use of our business name, tagline, logo, or content may result in legal action.

7. Confidentiality

7.1 Confidentiality. Your use of the services and products is for personal, non-commercial purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions of the services or products, or use them for any commercial purposes or personal financial gain. You understand that certain services and products (such as e-books or other educational materials created by us) may contain information deemed as confidential, and you agree to not disclose this information without our written consent (which may be withheld at our sole discretion). This confidentiality limitation does not apply to sharing details of our services, products, recommendations or test results with your primary care physician or other relevant healthcare providers, which we strongly encourage.

8. Dispute resolution

8.1 Disputes. You agree to fully cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise from your use of our services and products, including those related to incorrect information you have provided us.

9. General

9.1 Medical Disclaimer. Nothing in this disclaimer limits or excludes any liability that may not be limited or excluded by applicable law. Any information or guidance provided by us is within the scope of our expertise and is not intended to replace consultation, diagnosis or medical treatment by your doctor. You are strongly advised not to delay, disregard or discontinue medical advice or treatment based on the information or guidance we provide. We encourage you to discuss any recommendations or guidance with your doctor and any other healthcare professionals you choose to see for your health.
You are ultimately responsible for decisions you make regarding your health, and we expressly disclaim all responsibility and liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of relying on any information or guidance we provide to you.
We will not be liable for any outcomes resulting from the use of our products or services. If you experience any irritation or adverse events, you should cease use immediately and consult your prescribing healthcare professional. If you have any specific concerns, you should consult your doctor as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor.

9.2 Privacy. We collect, hold and store your personal information in accordance with our Privacy Policy, which can be found on our Website or obtained directly from us.

9.3 Force majeure. Neither Party will be liable for any failure to perform its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control, including epidemics, pandemic, quarantine, biological contamination, entry and exit restrictions, industrial disputes, strikes, lockouts, lockdowns, acts of god, acts or threats of terrorism or war (“Force Majeure”). This applies provided that the failure or delay could not have been prevented by reasonable precautions or workarounds. However, this does not apply if the Force Majeure event is caused by a breach of the Terms by the non-performing Party. If a Force Majeure event occurs, we may suspend or terminate an order or booking by providing written notice to you.

9.4 Entire agreement. The Terms constitute the entire agreement between the Parties concerning its subject matter and supersedes all prior communications.

9.5 Governing law. These Terms are governed by and construed in accordance with the laws of state or territory listed in the Schedule. The Parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state/territory, and courts hearing appeals from those courts.

9.6 Refusal of Service. We reserve the right to refuse service to anyone for any reason at any time.

10. Definitions

10.1 Definitions In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth).

Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.

Business Day means a day other than a Saturday, Sunday or a public holiday in the capital city identified in the Schedule.

Consequential Loss means, without limitation, indirect, consequential or remote loss or damage; special, punitive or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.

Consumer has the definition given to it in the ACL.

Corporations Act means the Corporations Act 2001 (Cth).

Fee means the amount payable by you to us for our Products and Services.

Force Majeure has the meaning given in clause 7.1 (Force Majeure).

GST means the Goods and Services Tax as defined under the A New Tax system (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trade marks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.

Minimum Notice means a minimum notice required to cancel a consultation booking, as set out in the Schedule.

Products means products made available for purchase by us (whether in our clinic or online) and/or via third party health suppliers such as vital.ly, Oborne Health Supplies, Ariya, Metagenics:

a) remedies and treatments which may include herbal medicine, practitioner-only supplements, retail supplements, homeopathic preparations, nutraceuticals, teas, and tonics;

b) skincare, beauty products and cosmetics;

c) baby and pregnancy related goods;

d) meal plans;

e) household products and cleaning products;

f) food and beverage products;

g) educational products which may include e-books, books, and online courses and programs;

h) gift cards.

and other associated health and wellness products made available by us from time to time.

Services means any health and wellness services provided by us from time to time including consultations with a practitioner, functional and other health and wellness testing, provision of personalized treatment plans, oral and written advice and recommendations, formulation and provision of personalized remedies, provision of health and wellness related courses and programs.

Warranty Period has the meaning given in clause 3.5 (Warranty).

Website means our website, from time to time.

10.2 Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in Australian currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.

SCHEDULE – KEY DETAILS

We, us, our

Name / Company Name: Naturlind Wellness

ABN / ACN: 69 641 343 102

Contact: Nicole Jackson, hello@naturlindwellness.com.au

Contact details for orders and warranty claims Clause 3.1

Nicole Jackson

hello@naturlindwellness.com.au

Governing law & jurisdiction Clause 7.6

Western Australia, Australia

Business Day Clause 8.1

Perth, WA

Minimum Notice Clause 1(c), Attachment B

48 hours

These Terms were last updated: 23/09/2024.