and Conditions of Use
- Welcome to
www.thebarefootnaturopath.com.au (the ‘Website‘).
The Website provides online Naturopathic Consultation services (the ‘Services‘).
- The Website is operated by Anne-Marie McDonald, trading as The Barefoot
Naturopath (ABN 90 242 671 380) . Access to and use of the Website, or any of
its associated Products or Services, is provided by Anne-Marie McDonald,
trading as The Barefoot Naturopath. 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.
- Anne-Marie McDonald, trading as
The Barefoot Naturopath reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When Anne-Marie McDonald,
trading as The Barefoot Naturopath 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 Anne-Marie
McDonald, trading as The Barefoot Naturopath in the user interface.
- In order to access the Services, you must first register for an account through the Website (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the 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 Anne-Marie McDonald, trading as The Barefoot Naturopath 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.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Anne-Marie McDonald, trading as The Barefoot Naturopath; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- 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 Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Anne-Marie McDonald, trading as The Barefoot Naturopath 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 Anne-Marie McDonald, trading as The Barefoot Naturopath providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Anne-Marie McDonald, trading as The Barefoot Naturopath;
- you will not use the 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 Services. Appropriate legal action will be taken by Anne-Marie McDonald, trading as The Barefoot Naturopath for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Where the option is given to you, you may make payment for the Services (the ‘ Services Fee‘) by way of:
- Credit Card
- Electronic Funds Transfer
- All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.You agree and acknowledge that Anne-Marie McDonald, trading as The Barefoot Naturopath can vary the Services Fee at any time .
- Anne-Marie McDonald, trading as
The Barefoot Naturopath will only provide you with a refund of the Services Fee
in the event they are unable to continue to provide the Services or if the
manager of Anne-Marie McDonald, trading as The Barefoot Naturopath makes a
decision, at its absolute discretion, that it is reasonable to do so under the
circumstances (the ‘Refund‘).
- The Website, the Services and all of the related products of Anne-Marie McDonald, trading as The Barefoot Naturopath 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Anne-Marie McDonald, trading as The Barefoot Naturopath or its contributors.
- Anne-Marie McDonald, trading as The Barefoot Naturopath does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Anne-Marie McDonald, trading as The Barefoot Naturopath.
- Anne-Marie McDonald, trading as The Barefoot Naturopath retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
- You may not, without the prior written permission of Anne-Marie McDonald, trading as The Barefoot Naturopath 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Anne-Marie McDonald, trading as The Barefoot Naturopath, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Nothing in the 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 the Terms are excluded; and
- Anne-Marie McDonald, trading as The Barefoot Naturopath 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Anne-Marie McDonald, trading as The Barefoot Naturopath make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Anne-Marie McDonald, trading as The Barefoot Naturopath) referred to on the Website. 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Anne-Marie McDonald, trading as The Barefoot Naturopath; and
- the Services or operation in respect to links which are provided for your convenience.
- Anne-Marie McDonald, trading as
The Barefoot Naturopath’s total liability arising out of or in connection with
the Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed
the resupply of the Services to you.
- You expressly understand and
agree that Anne-Marie McDonald, trading as The Barefoot Naturopath, its
affiliates, employees, agents, contributors 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.
- The Terms will continue to apply until terminated by either you or by Anne-Marie McDonald, trading as The Barefoot Naturopath as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Anne-Marie McDonald, trading as The Barefoot Naturopath with 30 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Anne-Marie McDonald, trading as The Barefoot Naturopath has made this option available to you.
- Your notice should be sent, in writing, to Anne-Marie McDonald, trading as The Barefoot Naturopath by emailing firstname.lastname@example.org
- Anne-Marie McDonald, trading as The Barefoot Naturopath may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Anne-Marie McDonald, trading as The Barefoot Naturopath is required to do so by law;
- the provision of the Services to you by Anne-Marie McDonald, trading as The Barefoot Naturopath is, in the opinion of Anne-Marie McDonald, trading as The Barefoot Naturopath, no longer commercially viable.
- Subject to local applicable laws, Anne-Marie McDonald, trading as The Barefoot Naturopath reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Anne-Marie McDonald, trading as The Barefoot Naturopath’s name or reputation or violates the rights of those of another party.
- You agree to indemnify Anne-Marie McDonald, trading as The Barefoot Naturopath, 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 Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- 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).
- 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.
- On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 15 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, 30 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 Community Justice Centre (CJC), Northern Territory Government 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 Northern Territory, Australia.
- 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.
- 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 Services offered by
Anne-Marie McDonald, trading as The Barefoot Naturopath 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 Northern Territory, Australia.
- The Terms are governed by the
laws of Northern Territory, 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 Northern Territory, 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.