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terms & conditions

In these terms and conditions, “we” “us” and “our” refers to Naturally Healthy. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only. Throughout this agreement, the words Naturally Healthy, “us”, “our” and “we” refer to the business izennah.com trading as Naturally Healthy.

  • We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. This agreement shall be governed by the laws in force in the NT, Australia.

  • Our services are intended to be used by people in Australia only.

  • Naturally Healthy reserves the right to modify, update or remove our products, services and website at any time.

  • Our products, services and website are provided to adults over the age of eighteen (18) years. By proceeding to view information or purchase through our website, you acknowledge that you are over 18 years of age.

 
Newsletter

By agreeing to our Terms and Conditions you agree to receive our email newsletter to your provided email address. You can unsubscribe at any time by emailing us at izennahhogan@gmail.com with ‘unsubscribe’ in your email’s subject.​


Disclaimers
  • All content created by Naturally Healthy is for informational and educational purposes only. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

  • No content, information, products or services offered by Naturally Healthy or found on our site are intended to diagnose, treat or relieve any health or medical conditions. This site is not intended to be used for therapeutic purposes, as medical advice or offer a cure to any health or medical condition nor intends to provide a substitute for the advice provided by a physician or other healthcare professional. We do not give any warranty that the information is free from error or suitable for your purposes.

  • The user is responsible for making their own inquiries and to seek independent advice from a healthcare professional before acting on any information, suggestions or material made available to you through our website.

  • When following recipes from this site users should adhere to appropriate food and hygiene practices.

  • We disclaim all liability of our service, product failure or defect and associated claims that are due to your use of our service, products, improper use, abuse, product modification, interpretation and non compliance. We further disclaim any damage related to the use of our site, information or services.

  • Testimonials found on our site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user users.

  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

  • From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.


Statutory Guarantees & Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.

As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.


Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for content contained in the post of a user or in any form of communication which originates with a user.
(iv) We do not participate in the transactions between our users.


Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.


Force Majeure

If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.


Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of NT and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NT and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.


Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.
We cannot guarantee that the site will always be available, work or be accessible at all times. Use of our website and its services is at your own risk.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.


Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials

store conditions

Product Descriptions and Pricing

- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.


Payments

- We use a secure online payment system, PayPal.
- All orders must be pre-paid. Orders will only be sent out or available for download (for electronic products) after full payment of the total amount is cleared.
- Please be aware that all payment details including credit card information is collected through our Third Party payment processors (PayPal). We do not keep payment details in our system. These details are sent directly to the payment gateway for immediate processing on the day your order is placed.
- We accept payment for orders with PayPal only, though you may provide your credit cards details through PayPal.
- Naturally Healthy does not take responsibility for direct or indirect damages and consequential losses suffered by the use of fraudulent or unauthorised credit cards.
- If you have any issues with payment do not hesitate to contact us at izennahhogan@gmail.com.


Gift Vouchers / Discount Vouchers

The Naturally Healthy Terms and Conditions including any disclaimers and user responsibilities apply to all vouchers. Gift vouchers are valid for 12 months from date of purchase or as stated on your voucher (discount vouchers will state your expiry date) and may be redeemed online via the Naturally Healthy website by entering the unique gift voucher code or promotional code at the checkout. Gift vouchers or discount vouchers cannot be redeemed for cash. Gift Vouchers and only redeemable on Naturally Healthy e-products unless otherwise stated. Discount vouchers may only be used towards purchase of the Naturally Healthy Program.


Electronic Products

- E-books - Upon receipt of payment you will be provided with a link to download your purchase. If you have any issues with downloading your purchase, please contact us at izennahhogan@gmail.com
- Program - After receipt of payment you will be granted access to your program. You will be sent additional information on how to create an account and log-in. You will continue to have access to the program for the duration of your program.


Physical Products

- We endeavour to dispatch your order promptly within 1- 2 business days after your order has been processed.
- Orders will generally arrive within 7 - 10 business days.
- Please specify delivery instructions at the checkout.
- When you order from us, please provide your name, address for delivery, your email address, telephone contact and payment details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- Delivery costs will be specified at the check out before processing your payment.
- We supply and despatch our products to customers within Australia only via Australia Post and/or Sendle courier service.
- We are able to offer customer pick-up in Darwin CBD only.
- If you have not received your order within 2 weeks from purchase please email us at izennahhogan@gmail.com
- Where possible we ensure product availability however due to product demands, Naturally Healthy products may not be available at all times. If products are unavailable we will inform you of product availability and projected delivery. Products purchased from Third Parties via our site are subject to availability. We cannot guarantee the accuracy or availability of Third Party products.
- We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected.
- We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- Order Cancellation Due To Error: Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your payment method has been charged, we will immediately refund you for the total amount debited.


Product Returns and Refunds

- We endeavour to ensure our quality products and ordering system meets our customer’s satisfaction.
- We appreciate notice of product concerns within 48 hours of delivery via our Contact Us page. We will assess the return and assist you with appropriate returning, exchange, replacement or refund. Once products are dispatched, there will be strictly no refunds other than for defective merchandise.
- Product suitability is not guaranteed and no refunds are offered if you have changed your mind or the product is not suitable to your needs.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your payment method for the amount initially debited for the purchase including packaging and postage charges.
- Unfortunately delivery and shipping costs are non-refundable.
- Naturally Healthy does not take responsibility for direct or indirect damages and consequential losses associated with damage to goods occurring during delivery. All goods provided by Naturally Healthy leave the premises in perfect condition. Should these goods be received damaged it is considered the responsibility of the courier and should be pursued directly with them.
- Refunds will be issued according to the requirements of the Australian Consumer Law and the respective state Sale of Goods Act legislation.
- Refunds will be issued by credit to your PayPal account.
- If you have purchased the Naturally Healthy 8 Week Program, once the program has commenced you have been given access to the program’s full content and will be ineligible for any refunds. If you are unable to undertake the program under special circumstances please contact us via izennahhogan@gmail.com and we will assess your circumstances for a deferred start.
- For the purchase of any of our Programs you will be eligible for a full refund at any time prior your program access being provided. Once your access to the program has commenced you will be ineligible for any refunds. If you are unable or unwilling to undertake the program please contact us izennahhogan@gmail.com to discuss possible deferment of the start of your program or to transfer the program to another user. Upon request to cancel your program your access to the program will be discontinued.

Intellectual Property Rights
  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  • All trade marks, brands and logos generally identified either with the symbols © which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

  • If you wish to use any of our content, recipes or images please email izennahhogan@gmail.com first, whether for commercial use, publication or general distribution.

  • All images, recipes and content © 2018 Naturally Healthy. The design, content and concept of Naturally Healthy are licensed / owned to izennah.com.

  • All design, content and concept is subject to copyright and other intellectual property rights under Australian Law and International Conventions. You agree to not duplicate or distribute any of our work without written permission.

Privacy Policy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy.

These Terms and Conditions have been specifically drafted for, and provided to Naturally Healthy by LawLive Pty Ltd (www.lawlive.com.au).

HEALTH & NUTRITION COACHING Program Agreement

You have just made an amazing step in your health, nutrition and fitness and I'm so delighted to be working with you! Over the next 12 weeks I'm so looking forward to supporting you in setting goals for yourself and creating action plans to take small (totally doable) steps toward achieving them.

 

This Agreement is made today between the Coach of the Program and the person named at the end of this document, [the Client]. The Program in which you are about to enrol in will include all of the following:
A. One 50-minute appointments each week for 12 weeks, which will include a discussion of your progress, ideas for the coming week, and a full set of notes.
B. 2 of these are a Supermarket Tour and a Cooking Class
C. Surprises such as handouts, recipes, food, ebooks & gifts

SCHEDULING

 

  • As your Coach, I understand my clients have busy schedules and I take pride in not keeping them waiting or keeping them longer. Each session will end 50 minutes after it was scheduled to begin. Please be on time. 

  • If the Client needs to cancel or reschedule, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not be able to reschedule it.

  • Program begins #/#/18 and ends (“End Date”) #/#/18

  • The program expires if all 12 sessions have not been completed within 6 weeks of the End Date specified.

PAYMENTS & REFUNDS

 

  • The cost of the Program is $50 per week for 3 months. A monthly invoice for $200 will be sent, due before that appointment, and may be paid Bank Transfer. 

  • If the Client chooses to pay the full cost of the program, a discount of $50 will apply, bringing the cost of the 12 Week Program to $550.

  • In the event of the Client’s absence or withdrawal, for any reason whatsoever, the Client will remain responsible for the pro-rata share of the program that has been delivered, plus a cancellation fee of $50.

  • The Coach reserves the right to cancel the program if at any point she or he feels it is not advantageous for the coaching program to continue. If this happens, the Client is only responsible for the pro-rata share of coaching services received.

DISCLAIMERS

 

  • The Client understands that the role of the Nutrition Coach is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. 

  • Rather, the Nutrition Coach has been trained in supporting clients to reach their own health goals and implementing positive, sustainable lifestyle changes. Regarding Nutrition, the Coach is certified in providing advice in line with the Australian Dietary Guidelines, including calculating daily recommended intakes and taking body measurements if the client wishes to aid their goals.

  • The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential supplement use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.

  • The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

 

Personal Responsibility & Release Of Health Care Related Claims
  • The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.

  • The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. 

  • The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.

 

CONFIDENTIALITY
  • The Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.

  • Arbitration, Choice of Law, Limited Remedies

  • All disputes arising out of or in connection with the present Program Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

Client name ______________________________________ 


Signature _______________________ Date ____________


Coach name Izennah Hogan 


Signature _______________________ Date ____________


So delighted to be working together!

©2013 Integrative Nutrition, Inc. | Reprinted with permission

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