NATURAL SUPER KIDS
Terms and Conditions of Sale
These are the General Terms and Conditions of Sale for all programs, challenges, courses, online club memberships and any other services or products (Services) sold by Jessica Donovan (ABN 14 445 285 972) trading as Natural Super Kids (Natural Super Kids, we, us) on our website, www.naturalsuperkids.com (Website). Please note that these terms do not apply to coaching services booked through our Website. Please see our Client Engagement Terms for the terms that apply to those arrangements.
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our Website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or inclusions error).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or availability error), we may choose not to complete the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or delaying your order).
You agree to pay us the purchase price for the Services listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated on the Website.
The payment structure for all Services (excluding the Natural Super Kids Klub) includes full-fee upfront payment. In some cases, we may allow you to pay by instalments. Please see our Website for further details or contact us for further information on our available payment options.
The payment structure for the Natural Super Kids Klub is a monthly recurring charge, which will be billed to your account. Payment of the monthly charge entitles you to access the Klub and all content contained within it. You may cancel your monthly subscription payments at any time by contacting us.
We currently use Stripe to process payments through our Website and accept all major credit and debit cards. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. Please ask us for more information.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only.
We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.
Retention of Title
Where applicable, title in Services supplied under this Agreement passes to you immediately on receipt by us of your payment in full. Until such time, Natural Super Kids will retain legal title to the Services and will be entitled to deny your access to or repossess the Services in the event of non-payment.
Please note that the Natural Super Kids Klub is a fee-for-access service, which does not involve transfer of title to you. Rather, we grant you a licence to access the content for each month that you are a paying member. We may revoke that licence in accordance with these terms.
Risk in Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).
We reserve the right to revoke any discount offer at any time without notice.
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services within the dedicated Natural Super Kids member vault.
If you have any technical problems accessing the member vault or accessing the material which forms part of the Services, please contact us for assistance.
Events Beyond Control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to deliver the Services to you, you release us from any obligation to fulfil your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Advice, Information and Instructional Videos
We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.
The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. While the Website is operated by and the Services are offered by a health practitioner, this is not to be confused with your health practitioner. Any health advice given is an opinion based on general professional experience but not your specific case. Similarly, any instructions given in our exercise videos are given without regard to any injuries or pre-existing medical conditions that you may suffer from. As such, you should always seek the advice of your own health professionals before acting on anything published or recommended on this Website or as part of the Services.
Unless required by law, we won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any such information or advice.
In the Services, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.
Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.
The Services may also contain links to websites maintained by an affiliate (Affiliate Links). If you click on an Affiliate Link and decide to purchase a good or service from them, we will receive a commission from our affiliate at no additional cost to you. We recommend our affiliates because they are helpful and useful, not because of the small commissions we make if you decide to buy something through the Affiliate Links. In saying that, we don’t guarantee the availability or suitability of any product or service advertised for sale on an affiliate’s website. You should make your own enquiries to ensure that any product or service is suitable for your personal circumstances.
Australian Consumer Law
The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).
Disclaimer and Limitation of Liability
Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.
Please note that we 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 to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
We make the Services available to you, however you use the Services at your own risk. Everything in the Services is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.
If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.
Refund Policy and Procedure
On occasion we may, in our absolute discretion, choose to offer refunds. To request a refund, please contact us and we will endeavour to resolve the issue or refund you if we believe that to be the appropriate solution.
Nothing in these terms removes any of your entitlements under the Australian Consumer Law.
All content in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
As a purchaser of our Services, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the Services and all associated intellectual property in accordance with these terms, copy and store the Services and the content contained therein in your device's cache memory and to print pages from the Services for your own personal and non-commercial use. We don’t grant you any other rights whatsoever in relation to the Website or the Services. Specifically, you are prohibited from re-using the content contained in the Services for commercial use. Please note that the licence in relation to the Natural Super Kids Klub is revoked immediately on you ceasing to be a paying member, at which time you will no longer be authorised to access or use the content in any way.
You acknowledge that you may have access to certain confidential information of Natural Super Kids, including (but not limited to) technical information and know how relating to the Services, the Website and Natural Super Kids (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
This clause survives the expiry or termination for any reason of this Agreement.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
Relationship of parties
The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the following:
- the nature of the dispute;
- the outcome they desire to resolve the dispute, and
- the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of South Australia appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Adelaide, South Australia.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
Independent Legal Advice
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
As we’re based in South Australia, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of South Australia.