RESILIENT HEALTH & NUTRITION TERMS AND CONDITIONS OF SERVICE

Resilient Health and Nutrition (we, our, us) own, operate and govern the use of the Resilient Health and Nutrition website: https://www.resilienthealthandnutrition.com.au/ (Website). Access to and use of the Website and the products and services sold by us through the Website are subject to the following terms and conditions (Terms and Conditions).

By using the Website you engage in our service and are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

Please read these Terms and Conditions.

Changes

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

We also reserved the right to amend any errors, including any pricing errors, at any time without notice.

Products and Services

These Terms and Conditions govern the sale of products from The Resilient Label, online and in person coaching and consultation services and any other products and services as displayed and available on the from time to time (collectively the Services). For specific terms and conditions regarding coaching and consultation services please refer to “Consultation Services” below.

Whilst we have made every attempt to ensure that all details, descriptions, prices or images that appear on the Website are accurate, errors may occur and product images may vary from the delivered products. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description of products before making a purchase.

If any of our products are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such product and you consent to us contacting you and you agree to inform any end-user of the products, including any gift recipient, of any recall applicable to such products.

We reserve the right to vary, amend, add, or remove payment methods, prices, or products we offer from time to time and at our sole discretion, without notice to you. We also reserve the right to provide specific terms and conditions related to the sale of particular products at our sole discretion, any such changes will not affect orders submitted before the change is made.

Consultation Services

The provision of online and in person coaching and consultation services (Coaching Services) is subject to these specific terms and conditions in addition to further specific terms and conditions as set out in the Coaching Agreement and these Terms and Conditions.

Booking

Booking for use of the Coaching Services can be made via our Website “Health Consultation” page https://www.resilienthealthandnutrition.com.au/health-coaching. Upon booking of a Coaching Services consult or package you will receive a health history questionnaire to fill out, a printable workbook, and a forms to sign. The completed and signed questionnaire and the forms are required to proceed with the provision of Coaching Services.

Access

Following an initial Coaching Services consultation, you will be given access by us to our client portal as discussed in your initial consultation. Your continuing access to the Coaching Services and client portal is subject to these Term and Conditions.

Cancellations

For rescheduled or cancellation of bookings for the use of Services we require a minimum 24 hours’ notice. If sufficient notice is not provided, a cancellation or reschedule fee of $50 may apply as specified in our Website at the time of cancellation or rescheduling of such booking.

Accounts

To use and purchase our Services you must create an individual account via our Website. In setting up your account you will be required to complete all the requested information to access and use the Services.

In creating an account, you agree that you are solely responsible for your account and the security and privacy of your account, including but not limited to passwords and other sensitive information attached to your account and you warrant that all personal information provided to us by you in your account is accurate and up to date.

For more information on privacy please refer to our Privacy Policy https://www.resilienthealthandnutrition.com.au/privacy-policy.

Orders and Cancellations

Any purchase of our products through the Website (Order) is subject to these Terms and Conditions.

An Order is accepted upon the latter of the following occurring:

you have submitted your Order;

you have paid the purchase price in full, including any taxes, duties and shipping costs; and

we have issued an Order confirmation.

By placing an Order, you are making an offer to purchase those Services for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order.

We may acknowledge and thank you for your Order once you have made your Order. This does not constitute an acceptance of your Order and merely serves to confirm that we have received your Order.

We reserve the right to:

• accept or reject your Order for any reason such as, without limitation, the unavailability of the Services ordered, limitations on quantities, inaccuracies or errors in the pricing, when fraud is suspected or when there is an error in the Order;

• cancel an Order at any time and for any reason; or

• restrict the quantity or total value of products available for purchase to each person or address.

Where any of the above apply we will notify you of by email and suggest alternatives, removal of items from the Order, provide a refund or alternative solution as is appropriate. We will not be liable for any loss or damage whatsoever arising from our exercise of these rights.

All Orders are made subject to availability. Whilst we endeavour to ensure that our products are available for delivery, there may be some circumstances where they are unavailable. Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you complete your Order. Please note that we may need to reject your Order or reject part of your Order on this basis. If your Order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable Services. Alternatively, we may contact you to advise you of a delay in restocking a particular product and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative product. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delayed delivery date.

Subject to Australian Consumer Law, you cannot cancel or amend an Order once it has been place.

Payment

Unless otherwise specified prices displayed are shown in Australian dollars and are inclusive of GST. Shipping and delivery charges are not included in the displayed prices and will be calculated separately. You are responsible for any taxes, duties or other liabilities imposed by any government agency.

Payment in full for the purchase of Services must be paid for in full according to the purchased Service at checkout. Unless otherwise plus delivery and other applicable fees and charges is required at the time of placing an order, we will not accept any orders which have not been paid in full.

Credit card or debit card surchargers may apply and vary depending on the card used as advised at checkout.

Payment methods and accounts are as specified and approved by us in writing. You must never attempt or pay for an order through any fraudulent or unlawful means.

Delivery

Deliveries are processed promptly upon receipt of full payment for the purchase of the Services plus delivery and other applicable fees and charges. All Orders are delivered using the methods specified at checkout and delivery time will depend on the delivery option chosen. An estimated delivery date will be provided after the selection of a delivery option, any delivery date specified is an estimate only and you agree to still accept delivery of the products even if they are delivered on a different date/time. We will not be liable for any loss or damage suffered because of any delay in delivery, however we request that you contact us if any purchased products are not delivered within a reasonable time after the estimated delivery date.

Delivery is taken to occur at the time you or your nominated courier based on the specified delivery method selected takes possession of the products. You must accept delivery of the products whenever they are tendered.

Risk of damage or loss of products purchased passes to you upon possession of the products by your nominated courier. Damaged or lost Orders should be resolved with the courier company directly and we are not responsible for products that are damaged in transit or not received. Replacement of damaged or lost products is made at our discretion.

Promotions and Discounts

Promotions and discounts are subject to their own specific terms and conditions as provided by us from time to time.

Refunds

We handle returns and refunds in accordance with Australian Consumer Law.

We offer a full refund, credit or replacement, where stock is available, if a product arrives in a faulty condition. If you believe a product is faulty please contact us by email within 5 days of receiving your Order at hello@resilienthealthandnutrition.com.au with the subject line “faulty” and the following details:

• your full name

• email

• phone number

• Order number and proof of purchase

• explanation of what is faulty (which garment is faulty, and what the fault is)

• photos of the faulty product to be assessed by our team

• your preference of a full refund, credit or replacement, where stock is available.

Once we have received your request as outlined above, we will advise by reply email if you are eligible to return the product. We endeavour to process your requests as promptly as possible, please allow up to 5 business days for your requests to be processed by our team. Eligibility for faulty product returns is at our sole discretion and subject to Australian Consumer Law.

If we request a faulty product be returned to us, we will arrange shipping at our cost. It must be sent back to us by you within 5 days of receiving our email notifying you that you are eligible for a return.

Faulty products returned must be in brand new, original condition.

You will be liable for shipping costs of products returned us outside of the time period specified above or in breach of these Terms and Conditions.

Please note, we do not offer refunds, credit or replacements for general wear and tear, neglect, or failure to use in accordance with care instructions, including accidents.

All sales of online and in person coaching and consultation services are final, we provide no refunds for purchase these services.

Intellectual Property

The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remain our property and are protected by copyright laws and treaties around the world. All such rights are reserved by us. You may store, print and display the content in the Website solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.

Limitation of Liability and Indemnity

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

Your use or reliance of any information, details, facts, comments, materials, guidance, instruction, or advice on this Website is entirely at your own risk, for which we shall not be liable. In using our Website you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website. This includes, but is not limited to, incorrect or inaccurate information, errors, or omissions in the Websites content, third party involvement, or any goods or services we may offer, or from any other use whatsoever of our Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website and or to your downloading of any material posted on it.

You understand and agree that you are responsible for your own acts, omissions, and negligence, and if there are any consequences to your acts, omissions or negligence or through your use of our Website and Services, that you will be responsible for those consequences.

You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates harmless from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms and Conditions.

Disclaimer

We do not:

render medical, psychological, or other health professional advice or treatment;

make any medical diagnosis; or

prescribe any medical treatment, medication, or remedy.

The Services we provided will not diagnose or treat any disease, illness or ailment, we are trained herbalists and not licensed or registered healthcare practitioners. Should you suspect or suffer from any disease, illness or ailment you should seek medical advice from your general practitioner or other health provider as determined by your own judgment.

You understand the information provided on the Website is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you are fully responsible for your own mental and physical wellbeing, including your dietary choices. You agree to seek medical advice as determined by your own judgment before starting any program or treatment or discontinuing the use of any medications as prescribed by your medical practitioner.

Nothing on the Website or Services should be construed as healthcare advice, medical diagnosis, treatment or prescription. Information or guidance provided by us should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved. Furthmore no form posts or website commetns should be considered health advice. You are at all times respionsible for consulting your general practitioner or other health provider.

The content on the Website is for educational purposes only. Although we try our utmost to provide useful and accurate information, you are responsible for researching and verifying information before relying on it.

All herbal products purchased from us are to be taken at your own risk. These products have not been tested or approved by the TGA or the FDA and are not approved to diagnose, treat, cure or prevent disease. It is your responsibility to discuss with your general practitioner or other healthcare provider the possible interactions between herbal supplements and your medications. We are not liable for any possible adverse reactions and side effects of the herbal supplements you decide to take, and you accept ownership and responsibility for your own health.

To the fullest extent permitted by law we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Privacy

Your privacy is of utmost importance to us and look to use your personal information to provide a better experience for you. If you would like more details on how we manage your confidential information in accordance with Australian Privacy Principles please refer to our Privacy Policy https://www.resilienthealthandnutrition.com.au/privacy-policy.

Prohibitions

You must not misuse the Website and App. You will not:

commit or encourage a criminal offense;

transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

hack into any aspect of the Service; corrupt data; cause annoyance to other users;

infringe upon the rights of any other person's proprietary rights;

send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Copyright, Trademark and Restrictions of Use

Our Website contains photos, images, intellectual property, information and material which we own and you agree to not copy, reproduce, download or use the content our Website for any purpose without our express written approval. We expressly reserve all copyright and trademark to any and all content in this Website and we reserve the right to take action against you if you breach any of these terms.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

General

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Force majeure

If we are unable to perform in whole or in part, any obligation under these Terms and Conditions because of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of our services or delivery of products.

Severability

If any part of these Terms of Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any condition or part of a condition can be severed to render the remaining part valid, the condition must be interpreted accordingly. Alternatively, you agree that the condition must be rectified and interpreted in such a way that closely resembles the original meaning of the condition as is permitted by law.

Governing Law

These Terms and Conditions are government by the last of the State of Western Australia.