The following provisions govern your use of www.naturesway.com.au (the “Nature's Way Website”) and all other services made available to you through the Nature's Way Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NATURE'S WAY WEBSITE.
The Nature's Way Website is operated by PharmaCare Laboratories Pty Ltd (ACN 062 489 178) (“PharmaCare”), 18 Jubilee Avenue, Warriewood NSW 2102 Australia. By using the Nature's Way Website, you agree to be bound by these Terms and Conditions, which constitute a contract between you and PharmaCare. PharmaCare reserves the right to revise and update these Terms and Conditions at any time. By your continued use of the Nature's Way Website, you agree to be bound by any revised Terms and Conditions. DO NOT USE THE NATURE'S WAY WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
These Terms and Conditions are governed by the laws of the State of New South Wales, Australia as may be in force from time to time. By using the Nature's Way Website, you consent to resolve in the State of New South Wales, Australia, any dispute that you may have with Nature's Way, its suppliers or any other legal entity appearing in the Nature's Way Website.
We strive to provide valuable and accurate health information. The editors of the material contained in the Nature's Way Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of publication. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Nature's Way Website, PharmaCare, nor any other party involved in the preparation of information contained in the Nature's Way Website or in our e-newsletters represents or warrants that the information is accurate or complete, and accept no responsibility for any errors or omissions in that information, or for the results obtained from the use of such information.
You should carefully review the information contained in the Nature's Way Website with your medical or health care professional before adopting any of the information or drawing inferences about your health from it. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Nature's Way Website is intended as diagnosis or treatment. Always consult your medical or health care professional if you have any concern about your health.
The Nature's Way Website may contain links to websites operated by third parties. The linked websites are not under the control of PharmaCare. PharmaCare is not responsible for the contents of any linked website, any link contained in a linked website or any changes or updates to such websites.User Submissions
It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories, including all advertisements and creative designs, are either your own works or works which you are using with the permission of the owner. By submitting information (including advertisements and designs) to any part of the Nature's Way Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Nature's Way Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or therapist/client confidentiality. You warrant that any and all information submitted by you and posted on the Nature's Way Web Site, including in any directories, is true, complete and correct.
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Nature's Way Web Site are subject to review, modification and deletion without notice by the Community Manager. You should be aware that personally identifiable information you choose to disclose on the Nature's Way Web Site may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Nature's Way Web Site or any of our users.
We may deny you access to all or part of the Nature's Way Web Site and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.Copyright and Trade Marks
The Nature's Way Website and its contents are subject to copyright under the laws of Australia. The Nature's Way Website is for your personal, non-commercial use. You may not reproduce, modify,copy, distribute, transmit, communicate, display, publish or use any material contained in theNature's Way Website and/or our e-newsletterswithout the express prior written consent of Nature's Way or the relevant copyright owner. You maynot use any of the information on the Nature's Way
Website for commercial purposes or to establish, operate or maintain your own product or service offering.General Disclaimer
The Nature's Way Website is provided on an 'as is, with all faults and as available' basis and to the maximum extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. Nature's Way makes no representation or warranty that any content of the Nature's Way Website is accurate, complete, appropriate, reliable or timely. Nature's Way also makes no representation or warranty that your access to and use of the Nature's Way Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. Nature's Way reserves the right to discontinue operating the Nature's Way Website at any time without notice.Use of the Nature's Way Website
Your use of the Nature's Way Website is at your own risk. You are responsible for taking all necessary precautions to protect yourself against any claim, damage, loss or hazard that may arise by virtue of your use of the Nature's Way Website. You must not use any means of automatically searching or mining data from the Nature's Way Website or in any way interfere or attempt to interfere with the proper operation of the Nature's Way Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Nature's Way Website, our systems or data or those of any third party via the Nature's Way Website.Registration
To register for the Nature's Way Website, and to find out about the benefits of registration, please go to “Register Now”. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with a URL beginning with http://www.Nature's Way.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. These Terms and Conditions will remain in force, as applicable, once your service account has been closed.Payment Methods
Credit Cards: We accept all major credit cards including, Visa and MasterCard. There is no surcharge for using Visa or Mastercard. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Nature's Way.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nature's Way.com.au reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.Indemnification
You agree to indemnify, defend and hold harmless PharmaCare and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Nature's Way Website using your service account.Waiver, Release and Limitation of Liability
PharmaCare’s liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to, in the case of services, will be to the re-supply of the relevant services or the payment of the value of the re-supply of the relevant services, and in the case of products, to the re-supply of the relevant products or the payment of the value of the products supplied.Miscellaneous, Feedback and Complaints
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of PharmaCare.
PharmaCare’s relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
PharmaCare will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with PharmaCare should be via the “Contact Us” facility on the Nature's Way Website. Any formal notices or communications should be sent to the address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by post will be deemed to have been received 3 days after the date of sending (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the maximum extent possible, to render the clause or provision enforceable. If no reasonable interpretation would have that effect on such a clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
If you have any feedback or a complaint about the Nature's Way Website, including about any products or services offered in or through it, please contact us by any of the following means during business hours Monday to Friday.