1) AGREEMENT
a) These terms and conditions (including these Terms of Trade, Website Terms of Use and Privacy Policy, altogether the “Terms“) are a legal agreement (the “Agreement“) between you (“you” and “your“) and Helen King (Helen King Naturopathy or Wild Alkemy) ” “we” or “us“) which applies to your use of Helen King Naturopathy (the “Website“) and goods and services (“Products“), including The 10 Day Kickstarter Program (“the Program/s“) ordered and purchased by you via the Website.
b) You may contact us with any queries you may have in respect of these Terms via email at admin@helenkingnaturopath.com.au
c) Your access to the Website, registration as a member of any Wild Alkemy/Helen King Naturopath program, or submission of an order to purchase the Programs, shall constitute your unqualified acceptance of these Terms and the Agreement.
2) PURCHASER’S DISCLAIMER
a) It is your responsibility to ensure that the Programs and/or any Products are sufficient and suitable for your purposes and meet your individual requirements.
b) We do not warrant that the Programs and/or any Products will meet your individual requirements.
c) Notwithstanding the fact that you may be able to tailor some aspects of the Programs and/or any Products to your needs, you expressly acknowledge that the Programs and/or any Products are standard and not made bespoke to fit any particular requirements that you may have.
d) You acknowledge that participation in the Programs assumes that the participant does not suffer from any health conditions.
e) If you suffer from a health condition, you must consult a health care or medical professional before commencing the Programs and/or using any Products, and must conduct the remainder of the Programs and/or any further usage of the Products under the guidance of a qualified health care or medical professional. If you register for, purchase and or use or commence the Programs and/or the Products prior to consultation with a health care or medical professional you do so at your own risk and therefore take sole responsibility for the outcomes or effects of doing so.
f) No information contained in the Website is to be used as medical advice and the Website and/or the Programs and/or any Products are not intended to be used to diagnose, treat, cure, or prevent any medical condition.
g) Helen King + Wild Alkemy gives no warranty that the Programs and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management expectations you may have.
h) Before relying on any information or recommendations on the Website or the Programs and/or before using any Products, including but not limited to the introduction of any fermented foods into your diet, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.
i) You acknowledge that you are solely responsible for following, or not following, the Programs and/or any advice or health or eating Programs and/or use any Products or regime that we provide via the Website or Helen King Naturopathy Platform or as part of the Programs and/or any Products, and that Helen King + Wild Alkemy is not responsible for any injuries that you may suffer as a result of use of the Website or the Programs and/or any Products.
j) To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010)(Cth) or any other civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death.
k) Following this, you acknowledge that you voluntarily assume all risks associated with your participation in any recreational services and activities that we may provide.
l) To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
m) To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Programs and/or any Products or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on the Website or the Programs and/or any Products.
n) You hereby disclaim any right to rescind, or cancel the Agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to you by Helen King + Wild Alkemy or any servant or agent of Helen King + Wild Alkemy and you acknowledge that you use the Website and/or purchase the Programs and/or any Products relying solely upon your own skill and judgement and (if applicable) that Helen King + Wild Alkemy shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer of the Programs and/or any Products (where applicable) which warranty shall be personal to you and shall not be transferable to any subsequent purchaser.
3) LIMITATION ON LIABILITY & INDEMNITY
a) In no event shall Helen King + Wild Alkemy be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if Helen King + Wild Alkemy has been advised of the possibility of such.
b) In the event of any breach of this Agreement by Helen King + Wild Alkemy the remedies to you shall be limited to damages.
c) Under no circumstances shall the liability of Helen King + Wild Alkemy exceed the price of the relevant Programs and/or any Products paid by you.
d) You agree to indemnify and hold Helen King + Wild Alkemy, its subsidiaries, and affiliates, and their respective officers, agents, advisers, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our services and/or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
e) Helen King + Wild Alkemy shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.