Website Terms and Conditions of Use

Last updated: 4 October, 2022

1. About the Website

1.1. Welcome to www.nourishednaturalhealth.com ('Website'). The Website

provides acts as a gateway for online course

(‘Products’) and vitamin sales.

1.2. The Website is operated by Nourished Natural Health (ABN

93 135 201 295) . Access to and use of the Website, or any of its associated

Products or Services, is provided by Nourished Natural Health. 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.

1.3. Nourished Natural Health reserves the right to review and change any

of the Terms by updating this page at its sole discretion. When Tamika

Margaret Hannah Woods updates the Terms, it will use reasonable

endeavors 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.

1.4 The following Terms and Conditions are applicable to this Website and any subdomains

associated with the site (eg. https://results.nourishednaturalhealth.com; https://learn.noursihednaturalhealth.com,

with the exception of https://shop.nourishednaturalhealth.com, which

is governed by its own terms and conditions, available at:

https://shop.nourishednaturalhealth.com/policies/terms-of-service

2. Acceptance of the Terms

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

Nourished Natural Health in the user interface.

3. Registration to use the Services and Products

3.1. In order to access the Services and Products, you must first register for an account through

the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the

Services and Products, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(a) Email address

(b) Mailing address

(d) Medical History & Consent form

3.3. You warrant that any information you give to Nourished Natural Health

in the course of completing the registration process will always be accurate,

correct and up to date.

3.4. 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.

3.5. You may not use the Services or Products and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Tamika Margaret

Hannah Woods; or

(b) you are a person barred from receiving the Services and Products under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services and Products.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services and Products only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(b) 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 or Products;

parties, is strictly prohibited. You agree to immediately notify Tamika

Margaret Hannah Woods of any unauthorised use of your password or

email address or any breach of security of which you have become aware;

(d) 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 Tamika Margaret

Hannah Woods providing the Services and Products. If you provide access to the website to

other users, you will be billed the full amount of the Product or Services for which

you have provided access and appropriate legal action will be taken;

(e) you will not use the Services, Products or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of Nourished Natural Health;

(f) you will not use the Services, Products 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;

(g) 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 and Products. Appropriate legal action will be taken

by Nourished Natural Health for any illegal or unauthorised use of

the Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Services or Products is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment for the Services

and Products (the ' Services Fee') by way of:

(a) PayPal ('PayPal')

5.2. All payments made in the course of your use of the Services and Products are made using

Stripe or PayPal. 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 and Paypal terms and conditions which

are available on their website.

5.3. 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.

5.4. You agree and acknowledge that Nourished Natural Health can vary

the Services Fee at any time .

5.5

6. Refund Policy

Nourished Natural Health will only provide you with a refund of the program cost

in the event they are unable to continue to provide the Services or if the manager of

Nourished Natural Health makes a decision, at its absolute discretion, that it is

reasonable to do so under the circumstances (the 'Refund'). All courses are subject to their unique refund policy

PCOS Repair Cysterhood: Real Results Guarantee - https://nourishednaturalhealth.com/cysterhood-refund-policy
Hormone Harmony Academy: 8 Week Guarantee - https://nourishednaturalhealth.com/hha-refund-policy

No refunds will be given to those that do not meet the refund criteria.

Those that elect to pay in monthly installments will be liable for the full payment if the refund policy no longer applies.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Tamika Margaret

Hannah Woods 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 Tamika Margaret Hannah

Woods or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by Nourished Natural Health, who grants to you a worldwide,

non-exclusive, royalty-free, revocable license whilst you are a Member to:

Nourished Natural Health does not grant you any other rights

whatsoever in relation to the Website or the Services. All other rights are

expressly reserved by Nourished Natural Health.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device's cache memory; and

use.

7.3. Nourished Natural Health 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:

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

to you.

or copyright (or an adaptation or modification of such a thing, system or

process),

7.4. You may not, without the prior written permission of Tamika Margaret Hannah

Woods 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.

8. Privacy

8.1. Nourished Natural Health takes your privacy seriously and any

information provided through your use of the Website and/or Services are

subject to Nourished Natural Health's Privacy Policy, which is available

on the Website.

9. General Disclaimer

9.1. 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.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) Nourished Natural Health 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 and Products 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.

9.3. Use of the Website and the Services and Products 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 Tamika Margaret Hannah

Woods make any express or implied representation or warranty about the

Services or any products or Services (including the products or Services of

Nourished Natural Health) 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:

(a) 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;

(b) the accuracy, suitability or currency of any information on the Website, the

Services and Products, or any of its Services related products (including third party

material and advertisements on the Website);

the products of Nourished Natural Health; and

(d) the Services or operation in respect to links which are provided for your

convenience.

10. Limitation of liability

10.1. Nourished Natural Health's total liability arising out of or in connection

with the Services, Products 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 and Products to you.

10.2. You expressly understand and agree that Nourished Natural Health, 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.

10.3 The Services and Products provided are subject to the Medical Disclaimer,

provided by Nourished Natural Health on the Website

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Nourished Natural Health as set out below.

11.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Nourished Natural Health via

the 'Contact Us' link on our homepage or hello@nourishednaturalhealth.com.

(a) providing Nourished Natural Health with 1 days' notice of your

intention to terminate; and

(b) closing your accounts for all of the services and Products which you use, where Tamika

Margaret Hannah Woods has made this option available to you.

11.3. Nourished Natural Health may at any time, terminate the Terms with

you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Nourished Natural Health is required to do so by law;

is, in the opinion of Nourished Natural Health, no longer

commercially viable.

(d) You have not met the terms listed in any refund policy

provided on the Website.

11.4. Subject to local applicable laws, Nourished Natural Health 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 Nourished Natural Health's

name or reputation or violates the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify Nourished Natural Health, its affiliates,

employees, agents, contributors, third party content providers and licensors

from and against:

(a) 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;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

13. Dispute Resolution

13.1. Compulsory:

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).

13.2. Notice:

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.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) Within 14 days of the Notice endeavor in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(b) If for any reason whatsoever, 14 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

Australian Mediation Association or his or her nominee;

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;

13.4. Confidential:

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.

13.5. Termination of Mediation:

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.

(d) The mediation will be held in Sydney, Australia.

14. Venue and Jurisdiction

The Services offered by Nourished Natural Health 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 New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

16. Independent Legal Advice

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.

17. Severance

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.

18. Financial Terms

18.1 The cost, cancellation and refund, if any, details of our products and services are set out below:

Product: Hormone Harmony Academy 12 Monthly Payments

RRP (in USD): $57.33

Duration: 12 monthly payments

Product: Hormone Harmony Academy 6 Monthly Payments

RRP (in USD): $104

Duration: 6 monthly payments

Cancellation & Refund: See HHA Guarantee. Full payment for 6 months will be

required if these conditions are not met.

Product: Hormone Harmony Academy Upfront Payment

RRP (in USD): $597

Duration: One-time payment

Cancellation & Refund: See HHA Guarantee.

18.2 Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Nourished Natural Health team.

18.3 Invoices for any Nourished Natural Health program are automatically generated and can be requested at any time by emailing hello@nourishednaturalhealth.com.

18.4 Most of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

18.5 Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

18.6 We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

18.7 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

18.8 We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

18.9 We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

18.10 In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

18.11 From time to time, Nourished Natural Health may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

18.12 Failure to meet payment will result in you incurring the fees associated with recovering the payment (ie. Debt collection services, staffing costs)

18.13 Ongoing payment failures will result in Nourished Natural Health requesting the full payment amount for the services provided. In the case of Hormone Harmony Academy, we may request the full amount of $588 be paid if monthly payment installments continue to fail. In the case of the PCOS Repair Cysterhood, we will request the $534 total to be paid in full.

19. Your Obligations

19.1 By using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Nourished Natural Health Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Nourished Natural Health Community any of the following:

Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Information that includes personal or identifying information about another person without that person’s consent.
Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
Any information or content that impersonates any person or entity.
Any material, non-public information about companies without authorisation to do so.
Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

19.2 By posting or otherwise publishing Your Content on our Site or Nourished Natural Health Community, you:

Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
Grant us permission to use that content on an anonymized basis in marketing material.
Warrant that you have the right to grant the above licences;
Warrant that Your Content does not breach these Terms; and
Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

19.3 We reserve the right (but have no obligation) to:

Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.