Website Terms And Conditions
“Steph Lowe” website located at www.stephlowe.com (the “Website”) is owned, controlled and operated by The Natural Nutritionist Pty Ltd (ACN 166 099 403) (“we”, “our”, or “us”).
The terms and conditions set out below (the “Terms and Conditions”) apply to the use of the Website by you (the “User”, “you”, “your”). The Website is available for you to use conditional on your acceptance of these Terms and Conditions. By accessing or using the Website, you agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the Website.
We reserve the right to amend these Terms and Conditions at any time. Notice of any amendments will be displayed on the Website. Your continued use of the Website following any amendment to the Terms and Conditions shall constitute acceptance by you of that amendment and you will be bound by the Terms and Conditions as amended. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
A. Definitions
“Content” means all content on the Website including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade or services marks, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layouts, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
“Order” means an order for purchase of the Products and/or Services placed through the Website.
“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and is not limited to information in a material form.
“Privacy Policy” means the privacy policy on the Website (Privacy Policy) as amended or updated from time to time.
“Products” means the meditations, meal programs, nutritional guides and other related products made available for purchase from the Website, or provided through using the Services.
“Services” means the meditations, meal programs, nutritional guides and other related services made available for purchase from the Website.
“User Content” means any Content shared via, or submitted or uploaded to, the Website by a User of the Website.
B. Terms And Conditions
Application of Terms and Conditions
i. These Terms and Conditions apply to all Users of the Website. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Terms and Conditions.
Description of Website
i. The Website is dedicated to:
a. Providing general information about health and wellbeing; and
b. Promoting, offering for sale and selling the Products and Services.
Privacy
i. We will handle any Personal Information about you received by us in relation to the Website in accordance with our Privacy Policy (link) which is available on the Website. You agree that these Terms and Conditions also include our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
Your Obligations
i. Your access to, and use of, the Website, is subject to all conditions specified in these Terms and Conditions.
ii. You warrant to Steph Lowe that you will not:
a. Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions;
b. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the Website or any Content through hacking, use of automated devices, scripts or bots, or other illegitimate means;
c. Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; and
d. Interfere or attempt to interfere with the proper working of the Website, or with any other person's use of the Website, including by transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature.
You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
Purchase of Products and Services
i. By placing an Order via the Website, you are offering to purchase Products and/or Services (as applicable) from Steph Lowe subject to these Terms and Conditions. Each Order you place will be a separate and binding contractual agreement between you and Steph Lowe and with respect to the supply of the Products and/or Services in accordance with these Terms and Conditions.
ii. You agree that Steph Lowe reserves the right in its sole discretion to accept or reject an Order, and that Orders are subject to availability of the relevant Products and/or Services.
iii. To purchase the Products and Services via the Website, you need to possess:
a. A valid credit or debit card issued by a bank acceptable to Steph Lowe. Your card issuer agreement will govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder; or
b. A PayPal account, provided by PayPal Holdings Inc. (“Paypal Holdings”). The use of your PayPal account on the Website will be governed by the applicable terms and conditions set by PayPal Holdings.
User Account
i. You will have the option of registering a user account on the Website (“User Account”) for placing an Order. The purpose of creating a User Account is to expedite the process of making future Orders as the required details for processing an Order will be stored in your User Account. It is not compulsory to create a User Account to place an Order, you may instead create an Order as a “guest”. Steph Lowe maintains the right in its sole unfettered discretion to refuse to register a User Account or terminate or suspend a User Account.
ii. When a User registers a User Account, they must provide some or all of the following details: name, professional or residential address, email address, telephone number, date of birth, occupation and credit card details.
iii. You will be required to create a unique password to obtain access to your User Account (“Password”). You are responsible for maintaining the confidentiality of your Password.
iv. You agree that Steph Lowe may send emails to the nominated email address for your User Account for the purpose of receiving any notifications regarding the Website.
Pricing & Fees
i. The prices of Products and Services are specified on the Website (“Price”). Unless otherwise stated, all Prices quoted are in Australian Dollars. Prices are subject to change without prior notice.
ii. The Prices listed on the Website are inclusive of GST (unless otherwise stated).
Delivery of Products
i. For Products available electronically on our Website:
a. The Products you have purchased will be available for digital download once you have placed an Order;
b. It is your responsibility to ensure your device is technically suitable to download the Products prior to placing an Order. Steph Lowe takes no responsibility where the Products fail to download to your device due to a technical error; and
c. If you encounter a technical error in attempting to download the Products, please contact Steph Lowe help desk at steph@stephlowe.com for assistance.
ii. For Products available physically that are purchased on our Website:
a. Steph Lowe will ship the Products to you via express post through Australia Post within 5 business days from the date of the Order.
b. You should allow at least 10 business days from the date that Steph Lowe has posted the Products for you to receive them. If you have not received the Products within this timeframe, please contact Steph Lowe at steph@stephlowe.com for assistance.
Delivery of Services
i. For Services that are purchased on our Website, you may be required to schedule an appointment with Steph Lowe for provision of the purchased Services (“Appointment”). If that is the case:
a. You can schedule an Appointment using the “Calendly” third party online booking feature (“Calendly Website”) provided on the Website, or otherwise by telephoning Steph Lowe;
b. You must schedule an Appointment with the appropriate duration relative to the Services that you have purchased (to be advised and directed by Steph Lowe);
c. If you need to cancel or reschedule an Appointment, you must provide Steph Lowe with 24 hours’ notice, otherwise you will permanently forfeit the right for Steph Lowe to provide the purchased Services;
ii. For the Services:
a. If the Services involve any email contact with Steph Lowe, you must allow at least 48 hours for a response to an email sent by you given the high volume of emails that Steph Lowe receives; and
b. You must procure Steph Lowe to provide the Services within one year of purchase, otherwise you will permanently forfeit the right for Steph Lowe to provide the purchased Services and refunds will not be provided.
iii. The use of the Calendly Website for scheduling Appointments will be governed by the applicable terms and conditions set by the proprietor, which we recommend that you review prior to use.
Returns Policy
i. Steph Lowe does not provide refunds or exchanges for our Products or Services purchased via the Website for change of mind.
ii. Steph Lowe will only provide a repair, replacement or refund for any Products purchased via the Website if the Products do not meet the “consumer guarantees” provided for products under the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (Product Consumer Guarantees” (but not limited to) that the Products are faulty, not of acceptable quality or do not do the things someone would normally expect them to do.
iii. Steph Lowe will only provide a repair, replacement or refund for any Services purchased via the Website if the Services do not meet the “consumer guarantees” provided for products under the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (“Service Consumer Guarantees”), including (but not limited to) that the Services are provided with the acceptance care and skill or technical knowledge, are fit for purpose or are delivered within a reasonable time when there is no agreed end date.
iv. If you consider that any Products were sent to you in error, any Products do not meet the Product Consumer Guarantees, or any Services do not meet the Service Consumer Guarantees, you must notify Steph Lowe by email at steph@stephlowe.com as soon as possible after purchase.
v. If you consider that the Products do not comply with the Product Consumer Guarantees, or the Services do not comply with the Service Consumer Guarantees, Steph Lowe will inspect the relevant Products or Services and determine whether that is the case. If the relevant issue in a minor, Steph Lowe will at its discretion repair or replace the Products or Services at no cost to you within a reasonable timeframe. If the relevant issue is a major problem, you will have the option to choose a replacement of, or refund for, the Products or Services.
Reliance on Products, Services and Content
i. Steph Lowe takes reasonable efforts to check the accuracy of all information contained in the Products and Content prior to publication, or in the Services when they are provided to you. However, Steph Lowe cannot guarantee the accuracy, completeness or reliability of any information contained in the Products, Services and Content, including without limitation any health, medical or wellbeing advice. You acknowledge and agree that your use and reliance of the Products, Services and Content is on an “as-is” basis for which we hold no responsibility or liability.
ii. Steph Lowe makes no warranty, guarantee or representation as to the quality, benefit or any other characteristic of any Products, Services or Content. You solely assume the risk of the non-medical nature and limitations of health services when using the Products, Services or Content. Without limiting the foregoing, Steph Lowe does not warrant, guarantee or represent that using or relying on the Products, Services or Content will result in weight loss, improve or alter your health in any specific way, treat a specific medical condition, or achieve any desired result within a specific timeframe.
iii. The Products, Services and Content must not be used or relied on as a substitute for medical, nutritionist, healthcare or other relevant professional advice, or for the purpose of diagnosis or treatment of any medical condition. You should not use the Products, Services or Content for diagnosis or treatment of any health problem or for prescription of any mediation or other treatment.
iv. Before purchasing or using any Products, Services or Content, you should seek medical advice from a suitable medical professional.
v. Steph Lowe is not responsible in any way for any hyperlinks to third party websites or host third party information or content on the Website. All third party content is the responsibility of its author, and Steph Lowe does not endorse or represent the views or opinions contained therein.
Intellectual Property
i. The Intellectual Property in the Website and all Content (“Website IP”) and Products (“Products IP”) is exclusively owned and controlled by Steph Lowe and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. The Website IP and Products IP remains Steph Lowe's exclusive property throughout the world in perpetuity.
ii. You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.
iii. For Products purchased via the Website, you will have a non-exclusive, non-transferrable and non-assignable right to view and use the Products, and for Products obtained through digital download via the Website, display one copy of the Products on a device of your choosing, for private, domestic and non-commercial purposes only.
Disclaimers & Limitation of Liability
i. Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) the exclusion of which from a contract would contravene any statute or cause any part of these Terms and Conditions to be void (“Non Excludable Conditions”), your use of, and reliance on, this Website (including all Content, Products and Services) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content, Products and Services), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, computer viruses or health issues, or any indirect or consequential loss, resulting from your use of this Website, Content, Products or Services.
ii. If we are able to limit your remedy for a breach of the Non-Excludable Conditions, notwithstanding clause 10, then our liability for breach of the Non-Excludable Conditions is limited to one or more of the following at our option:
a. For goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
b. For services, the supply of the services again, or the payment of the cost of having services supplied again.
iii. Subject to the application of any Non Excludable Conditions, Users hereby release Steph Lowe from all claims and Steph Lowe is not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from:
a. Your use of, or inability to use, the Website;
b. Your use of, or reliance on, the Products, Services or Content;
c. Any User Content that is created, or otherwise appears, via the Website;
d. Any failure by Steph Lowe or other third parties to provide any information, service, feature or functionality via the Website; and
e. Your use of third-party services (including any sharing to third-party websites) in conjunction with the Website.
iv. Users hereby acknowledge and confirm that they are on notice of Steph Lowe's disclaimer of warranties and limitation of liability set forth in this clause or elsewhere in these Terms and Conditions (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.
Indemnity
i. As a further condition of using the Website, you must indemnify Steph Lowe against all quantifiable and reasonable loss and/or damage suffered by Steph Lowe (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of your breaching a term of these Terms and Conditions.
Jurisdiction & Choice of Law
i. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms and Conditions or relating to the use of the Platform will be resolved exclusively in the Supreme Court of Victoria or applicable lower court, and Users agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
Miscellaneous
i. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall be construed as if such provisions had never been contained herein.