Disclaimer + Terms + Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND MAKING PURCHASES.

Thank you for being here. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Nurture Nature Collections’ relationship with you in relation to your use of this website.

Nature Nurture Collections and nurturenature.co is owned by Jacqui-Maree Bailey, operating as a sole trader (ABN 37 234 919 744). 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Nurture Nature Collections and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Nurture Nature Collections is not legally responsible for any loss or damage you might suffer related to your use of the website or products, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Nurture Nature Collections’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

We deliver to Australia, New Zealand, United States and Canada.

Physical goods may be delivered by Australia Post, Sendle and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. We endeavour to notify you of the status of your order within 1 business day. If we have run out of an item or are otherwise unable to dispatch your goods within 7 business days, we will contact you by email or phone as soon as possible to discuss your order. Delivery may take between 1 and 6 business days, depending on the delivery option, and may take longer for remote areas. After receipt of your order, we, or the courier company will provide an estimated arrival date.

 

If no one is home at the time of delivery, usually the driver will contact you to confirm the alternative delivery address or will leave a note for you so the parcel can be picked up by you from the nearest Australia Post office. Please leave your best contact phone number so the driver can confirm delivery time if applicable. You can also track your delivery using the Australia Post email sent to you after dispatch.

 If your order is sent by courier, the courier company will email you the delivery details, including an estimated delivery timeframe and consignment number so that you can track your delivery online. You must ensure the courier company is aware of any delivery instructions you have. Sendle will leave the parcel without signature.

Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost goods are made at the discretion of Nurture Nature Collections.

We charge a flat fee of $5.00 for orders below $90 within Australia provided they are not oversized. We will provide you with a quotation for delivery of any oversized items.

Any dates we provide for delivery are estimates only. We are not liable for any loss or damage resulting from late delivery.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Nurture Nature Collections handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. This includes that you have the right to have the product replaced, repaired or refunded where the product is faulty and the products are wrongly described. These are your statutory rights, and cannot be excluded, restricted or modified.

Should you wish to return your order, please notify us within 10 business days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Faulty goods, and gods that are not the same as the description on our website will be refunded. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Nurture Nature Collections. For example, if we find that the goods do not breach a consumer guarantee, or we find that the problem with the goods is due to fair wear and tear, your misuse, failure to comply with manufacturer’s instructions or failure to take reasonable care, then we may charge you a fee for examining the goods and the cost to return the goods to you.

If you change your mind, provided that the goods are in the original packaging and in the condition you received it, we will provide a refund.

If the item is faulty or not as described on our website we will contact you to arrange for return postage. In these circumstances we will pay for the reasonable costs of postage of the goods back to us. If the goods are not faulty and/or you change your mind you must pay for the return postage costs.

Items must be returned as soon as possible. If we do not receive your item within ten business days of you requesting a refund, the case will be closed.

To the extent permitted by law, gift cards cannot be exchanged or refunded and will expire 12 months from the purchase date.


CANCELLING ORDERS

You can cancel your order with us if the goods have not yet been sent for picking and packing in our warehouse. Please contact us as soon as possible if you wish to cancel your order. If the goods have already left our warehouse, you will need to request a refund or return for change of mind.

LINKS TO OTHER WEBSITES

Nurture Nature Collections may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Nurture Nature Collections and the owners of those websites. Nurture Nature Collections takes no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which Nurture Nature Collections accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. For the avoidance of doubt, we do not guarantee any particular results when using our goods.

It is your sole responsibility and not the responsibility of Nurture Nature Collections to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Nurture Nature Collections we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Nurture Nature Collections. We expressly exclude and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark rights in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and [insert website] concerning your use and access to Nurture Nature Collections’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

FITNESS AND EXERCISE AND MEDITATION

If you are a parent or guardian purchasing children’s products, you must comply with all manufacturers specifications, age requirements and advice. This includes all instructions for safe use and setting up of a safe play area, and requirements for adult supervision. You are also responsible for your child’s participation and any physical and/or psychological injury. If your child engages in this exercise or exercise program, or meditation program you agree that they do so at your own risk, and you agree to release and discharge Nurture Nature Collections all its instructors, commentators and any one directly or indirectly associated with our website and business from any and all claims or causes of action, known or unknown.

You should always arrange for your child to consult your own professional before starting a fitness program or changing their diet, or engaging in any meditation or other health or wellness program. Not all exercises, nutrition programs or activities are suitable for all children. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling and is not personal advice.

You should also always consult your own medical professional before starting a fitness program or changing your diet, or engaging in any meditation, health or wellness program.

Exercise and health, including mental health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, or meditation program there is the possibility of physical and/or psychological injury. If you engage in this exercise or exercise program, or meditation program you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us, all its instructors, directors, employees, contractors from any and all claims or causes of action, known or unknown.


Nurture Nature Collections and its contents are made available without warranties or guarantees of any kind and Nurture Nature Collections any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.


All information contained on Nurture Nature Collections including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Nurture Nature Collections that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

DISCLAIMER

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The material on this site is for general information purposes only and all information, techniques, ideas and examples accessed on or through our website are for educational purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances.

Nothing contained in this site is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any condition nor should it be used for as a substitute for your own health professional’s advice.

Whilst we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use. Before relying on any information or material, you should obtain your own medical professional advice to ensure it is relevant to your particular circumstances.

In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.

Copyright notice

This website and its contents are the copyright of Nurture Nature Collections - ©Nurture Nature Collections 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download contents to a local hard disk extracts for your personal and non-commercial use only
  • you may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

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