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Terms and Conditions

1. General

(a) In this agreement the phrase “Website” means the website natural-ease.com.au/ and the FaceBook pages: www.facebook.com/Injurease, www.facebook.com/vivekahealth and www.facebook.com/naturalease, and includes the contents, information and downloadable documentation contained on those sites.

(b) The Website is owned and operated by Viveka Health Pty Ltd, Australia [ABN: 49 115 289 337] (“Viveka Health”).

(c) When you access, browse and use our Website, Viveka Heath considers that you are over the age of 18 years and have read and expressly agreed to adhere to and to be bound our Terms and Conditions and Privacy Policy. The products and services offered on our Website are not available to persons under 18 years old, or any other persons who are legally prohibited from entering into binding contracts.

(d) All sales are final, subject to your rights under the Australian Consumer Law and the terms and conditions of this Agreement.

(e) It is your sole responsibility to ensure that the goods are suitable for any special purpose for which you are buying them, and Viveka Health does not make any guarantee that the goods are fit for any special purpose other than that which they would normally be used for and which is expressly stated in the goods listing page.

2. Payment and Shipping

(a) Without limitation whatsoever, all goods remain the property of Viveka Health until full clear payment has been received. The term “payment” includes the purchase price of the goods (which includes GST), the cost of one-way shipment to the physical postage address you provide us, transit insurance (where additionally purchased by you) and any other cost Viveka Health may from time to time expressly disclose in our product details page.

(b) Viveka Health accepts payment through debit or credit card (Visa, MasterCard).

(c) Viveka Health ships to any postage address in Australia. Your address and contact details will be provided where necessary to our nominated courier, Australia Post or other shipment provider.

(d) In the event that a courier ships your products, you expressly agree and acknowledge that you must provide Viveka Health with a contact telephone number and physical postage address.

(e) Except as provided for in clause 3 below, Viveka Health aims to dispatch your goods within 3 business days of payment clearing during business hours, Monday – Friday. Orders received on a Friday or over the weekend, or on public holidays will not be processed until the next working day.

(f) You will receive email notification from us that your goods have been dispatched no later than 24 hours after the goods leave our warehouse. Email notification will include consignment-tracking information where applicable.

(g) Allow 5 – 10 working days from the date of dispatch for delivery of goods. Once dispatched you are responsible for tracking your goods at all times. Once dispatched, Viveka Health expressly disclaims all liability for damage/loss to goods.

(h) You are solely responsible for payment of any costs incurred for shipping/postage of goods brought from us. Shipping/postage rates are calculated at the time of sale and will vary depending on the destination.

(i) Transit damage insurance is not automatically included in shipping/postage rates unless expressly stated.

(j) All purchases will be shipped to the address provided at Checkout, which may or may not be the address noted on your Viveka Health user account. In the event that you require the goods to be sent to an address/recipient different from that listed on your Viveka Health user account you must change the address/recipient noted at Checkout prior to completing your order.

(k) You expressly acknowledge that it is your sole responsibility to ensure that the address/recipient provided at Checkout is correct and up-to-date in all respects.

(l) Viveka Health assumes no responsibility for goods sent to an incorrect address/recipient as a result of your mistake(s) or omission(s).

(m) If, as a result of your mistake or omission, and though no fault of Viveka Health, the goods are sent to the incorrect address/recipient, you will have no recourse against Viveka Health for any loss you may incur. Viveka Health reserves the right to retain any funds paid by you for purchase of the goods and you shall have no recourse for recovery of the same.

3. Refunds and Damaged Goods

(a) In this section, “purchase price” means the price you originally paid for the goods, but does not include any postage/shipping and insurance costs paid by you for the delivery/return of the goods.

(b) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

3.1 Money Back Guarantee

(a) Provided that you meet all the conditions set out below, you have 30 days from the date payment clears to contact us and request a full refund of the purchase price of goods (“30-day money back guarantee”).

(b) The benefits conveyed by 30 day money back guarantee are in addition to other rights and remedies under law in relation to the goods.

(c) To obtain a full refund of the purchase price:

(i) Goods must be unopened, unused, undamaged and in resalable condition;
(ii) All original packaging must be returned to us;
(iii) You must contact us by email within the specified time frame and request a refund. You must specify the details of the bank or PayPal account you nominate for the refund to be deposited into.

(d) Whether or not the goods unopened, unused, undamaged and in resalable condition will be determined by Viveka Health. In the event that Viveka Health considers that the goods are not in such state of repair, Viveka Health is not liable to refund the purchase price of the goods. In such event, you are responsible for paying the return shipment/postage cost for the item to be returned to you.

(e) Where, to the satisfaction of Viveka Health, the above conditions are met, Viveka Health will refund the purchase price of the goods within 7 working days by direct debit to an account nominated by you. Viveka Health will notify you of the deposit within 24 hours of the same occurring.

(f) You are liable for all costs incurred to return the goods to us and you expressly acknowledge that refund of the purchase prices does not include any costs whatsoever incurred by you relating to shipping/postage or insurance of the goods.

3.2 Damaged Goods

(a) Prior to dispatch Viveka Health and/or its agents check all goods are of a saleable quality and in working condition. All due care is taken to ensure goods are suitably packaged to minimise the likelihood of damage occurring during shipping/postage.

(b) Viveka Health has no obligation to and is not liable to refund or replace goods that are damaged in transit or on delivery. However, where you:

(i) Inspect the goods on arrival; and
(ii) Notify Viveka Health of damaged/faulty goods within 24 hours of delivery of goods,
(iii) Viveka Health may, at its sole discretion, replace the damaged goods with a similar item or provide a full refund of the purchase price of the goods.

(c) In the event that Viveka Health exercises its discretion:

(i) You expressly acknowledge that you are solely responsible for paying any shipping/postage costs incurred and that Viveka Health is not liable to refund the original postage/shipment cost;
(ii) You must within 7 days of Viveka Health accepting your claim, provide all information required to facilitate your refund/replacement;
(iii) Viveka Health will do all things necessary to honour is commitment within 7 business days of receipt of the requested information.
(iv) The benefits conveyed by this section are in addition to other rights and remedies under law in relation to the goods.

(d) Subject to your rights under the Australian Consumer law, you expressly acknowledge that if you fail to notify us of damaged goods within 24 hours of delivery or fail to provide information required you will forfeit your rights to remedy under this clause.

4. Force Majeure

While Viveka Health aims to dispatch your goods within 3 business days of payment clearing, it will not be held responsible for failures caused by factors beyond its control, such as, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of internet, electricity or telephone services.

5. Disclaimer

(a) You hereby assume all risks relating to the use of our Website including risks associated with the postage/shipping of goods purchased through our Website. Viveka Health assumes no liability whatsoever for any loss or damage that may result from shipping/transport of goods, or as a result of lost or theft of such goods after it leaves our warehouse and is in possession of the shipment/postage provider.

(b) While every effort has been made to ensure that the information and resources provided on our Website are in accordance with current research and practice, the information and resources contained thereon is for general reference only. Viveka Health makes no representation or warranty with respect to the accuracy, applicability, fitness, or completeness of the contents of our Website. Information on our Website does not amount to, or replace your need to seek, specialised medical advice. By accessing our Website, you expressly acknowledge, agree and undertake you will exercise your own due diligence and seek suitable professional and/or specialist medical advice appropriate to your circumstances.

(c) To the maximum extent permitted by law, Viveka Health hereby:

(i) Excludes all representations and warranties relating to our Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and

(ii) Excludes all responsibility and liability for any injury, loss or damage to persons or property as a matter of products liability, negligence or otherwise, or from the use of any of the methods, products, instructions or ideas contained on this website or from the website itself.

(iii) You hereby release, discharge and covenant not to sue Viveka Health, its directors, employees and agents, for any liability or loss caused or alleged to be caused either directly or indirectly by goods purchased through our Website or from using the information contained on our Website.

6. Conditions Pertaining to our Website

(a) Use of Our Website

(i) You agree to use this site for lawful purposes only and that you shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.

(ii) Opinions, comments, material or links appearing on our Website Blogs or News Feeds are not necessarily shared or endorsed by Viveka Health and it should not be regarded as the publisher of such opinions or material. Viveka Health reserves the absolute right to remove, respond or edit any material it considers to have breached the above provision and or to restrict or remove any person it deems to be in violation of this clause 6.

(b) Notification of Changes

Viveka Health reserves the right to change or amend any description of goods, technical information provided or the contents of its site as it sees fit from time to time and is in no way obliged to notify you of the same occurring. Your continued use of the site will signify your acceptance of any adjustment made to these terms and it is your responsibility to check the Terms and Conditions of our Website.

(c) Copyright and Intellectual Property

Our Website contains written material and images that are subjected to copyright, trademarks and registered trademarks. These are the property of Viveka Health Pty Ltd and third parties. Except as otherwise expressly provided for, Viveka Health reserves all intellectual property rights to materials and images contained on our Website and expressly prohibits use of such material without its express written consent.

(d) Cookies and Other Persistent Data

Viveka Health uses use cookies (small pieces of text data provided by our website and which are stored on your computer or mobile phone) to collect Internet traffic data, for authentication purposes, storing site preferences, shopping cart contents, and to track subscriptions to our site. To protect your privacy, your browser only provides us with cookies obtained from our website and does not provide any other website with our cookies.

While you are at liberty to adjust your computer settings to limit the use of cookies, switching off cookies will only allow you to view the content of our website. You may not be able to login and purchase goods.

(e) Links to and from our Website

(i) You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

(ii) Viveka Health does not monitor or review the content of other party’s websites, which may from time to time be linked to from our Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Viveka Health and should not be regarded as the publisher of such opinions or material. Viveka Health is not responsible for the privacy practices, or content, of these sites. Viveka Health encourages its users to be aware when they leave those sites & to read the privacy statements of those sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Viveka Health will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

7. Validity and Jurisdiction

(1) If any of the terms of this Agreement are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

(2) This Agreement is governed by and to be interpreted in accordance with the laws of NSW, Australia.