Terms and Conditions
Terms of Service:
The following terms and conditions govern all use of the www.ruthfellowes.com.au website and all content, services and products available at or through the website (taken together, the Website).
The Website is owned and operated by Natural Spectrum Health ABN 63 462 030 318.
Please note that by using, browsing or reading the Website, you’re indicating to us that you’ve read, understood and accepted these Terms. If you don’t agree with our Terms, we ask that you immediately cease using the Website. If you have any questions or comments about our Terms, please feel free to get in touch with us.
Please read this agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Responsibility of Website Visitors. Natural Spectrum Health has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.
LINKS TO THE WEBSITE
If you’d like to link to the Website, please contact Natural Spectrum Health with your URL, a brief description of your website and why you want to establish a link. Please note that we may impose certain terms or conditions on your proposed link. If the nature or content of your website changes in any significant way after the authorised link is established, and the change means that your website is no longer a good fit with ours, we may ask you to remove the link.
Copyright Infringement. As Natural Spectrum Health asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ruthfellowes.com.au violates your copyright, you are encouraged to notify us.
The Website, including all content, 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 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.
As a user of the Website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use the Website in accordance with our Terms, copy and store the Website and its content in your device’s cache memory and to print pages from the Website for your own personal, non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the Website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the Website will transfer any intellectual property or associated rights.
- We’ll sometimes ask our users to contribute content to the Website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, images, videos or other information) will
- be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
- You warrant that you hold the necessary rights and interests to use any material you add to this Website, (your content) and that all of your content does not infringe any third-party intellectual property rights, including copyright and trademark rights.
- By submitting your content to the Website, you irrevocably grant perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right for Natural Spectrum Health to use your content for the purpose of providing services to you, now or in the future or for the purposes of marketing our business (for example through your testimonial content submission). We will not use your content for any other purpose.
- You indemnify Natural Spectrum Health against any claims made for breach of intellectual property rights in respect of your content.
- At our sole discretion Natural Spectrum Health may remove or disable your content if we believe your content to be in violation of our Terms.
- Natural Spectrum Health is not obligated to return any of your content to you under any circumstances.
USE OF PROTECTED CONTENT
Natural Spectrum Health reserves the right to make any parts of this Website accessible only to users who have registered. Registration may require the use of a username and password in order to access your account through the Website.
You are responsible for maintaining the security of your password for this Website. Natural Spectrum Health will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Natural Spectrum Health will be entitled to assume that any person using this Website with your username and password is you or your authorised representative. You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
PAYMENT AND RENEWAL.
- General Terms.
By selecting a product or service, you agree to pay Natural Spectrum Health the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Natural Spectrum Health before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to Natural Spectrum Health in writing.
DISCLAIMER AND INDEMNITY
We want you to know that nothing in our Terms limits or excludes any rights, guarantees, warranties, representations or conditions (or any liability under them) that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms. Please note that we won’t 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 under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
We make the Website and all its associated content available to you, however you use it at your own risk.
You acknowledge and agree that:
- No information, advice or instructions provided by us including that contained in blogs, educational videos, exercise videos, recipes, meal plans, Facebook live or other live sessions, quizzes, articles, tip sheets or any other information whatsoever on this Website in any way constitutes medical or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this Website; and
- You will check with your health professionals before following any of our exercise videos; and
- You are solely responsible for any results that you or your family members obtain as a result of using the information or resources on this Website.
Everything on the Website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
- Failures, errors, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the Website;
- Inaccurate, unsuitable or out of date information on the Website (including third party material and advertisements on the Website);
- Costs incurred by you in using the Website; and
- Links which are provided for your convenience.
Changes. Natural Spectrum Health reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. Natural Spectrum Health may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.
The agreement between us constituted by your use of the Website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorized to access the Website.
As we are based in New South Wales, these Terms will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.