Conditions of Use

WEBSITE TERMS AND CONDITIONS OF USE

Updated 1.8.2021

1. About the Website

1. Welcome to  https://webtail-nop-pinjarra-health.azurewebsites.net/  (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services')
2. The Website is operated by Pinjarra Health & WholeFoods. Access to and use of the Website, or any of its associated Products or Services, is provided by Pinjarra Health & WholeFoods. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. If you breach any of the Terms you are prohibited from using the site.
3. Pinjarra Health & WholeFoods reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pinjarra Health & WholeFoods (also known as Pinjarra health Foods for the purposes of this Website), in the user interface.

1. Registration to use the Purchase Services

1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
2. You warrant that any information you give to Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), in the course of completing the registration process will always be accurate, correct and up to date.
3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
4. You may not use the Purchase Services and may not accept the Terms if:

1. you are not of legal age (18 years) to form a binding contract with Pinjarra Health & WholeFoods (also known as Pinjarra health Foods for the purpose of this Website); or
2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

1. Your obligations as a Member

As a Member, you agree to comply with the following:

1. You will use the Purchase Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Pinjarra Health & WholeFoods (also known as Pinjarra health foods for the purpose of this Website), providing the Purchase Services;
5. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
6. you will not use our Site to defame, harrass, threaten, menace or offend any person;
7. you will not use our Site to send unsolicited email messages,
8. any email correspondence between you and our administration will be conducted respectfully, contain no swearing or abusive language;
9. you will not interfere with any user using our Website;
10. you will not tamper with or modify our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) to using trojan horses, viruses or piracy or programming routines that may interfere with or damage our Site;
11. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Pinjarra Health & WholeFoods (also known as Pinjarra Health foods for the purpose of this Website),  for any illegal or unauthorised use of the Website; and
12. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited;
13. our site is for personal non-commercial use only. You must not use our site or any of the Content for commercial purposes inlcuding any advertising or advertising revenue generation acitivity on your own website or any other platform without our express written permission to do so. You are prohibited from using our Site, including the Content in any way that competes with our Business;
14. you will not facilitate or assist a third party to do any of the above acts which are prohibited.

1. Purchase of Products and Returns Policy

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
2. Payment of the Purchase Price may be made through Stripe, Paypal, Afterpay and Zip pay (the 'Payment Gateway Provider')
3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4. Following payment of the Purchase Price being confirmed by Pinjarra Health & WholeFoods (also known as Pinjarr Health foods for the purpose of this Website,), you will be issued with a receipt to confirm that the payment has been received and Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), may record your purchase details for future use.
5. Pinjarra Health & WholeFoods (also known as Pinjarra Heallth Foods for the purpose of this Website,) may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. In order to access and purchase Practitioner Only products, you will require a consultation with Cath the Naturopath. A booking page is available on the Site.

1. Warrant

1. Pinjarra Health & WholeFoods' (also known as Pinjarra Health Foods for the purpose of this Website),  Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
2. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 7 days from the date of purchase (the ' Warranty Period').
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Pinjarra Health & WholeFoods (also known as Pinjarra Health foods for the purpose of this Website), showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by email at admin@pinjarrahealthfoods.com.au
4. Where the Warranty Claim is accepted then Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purposes of this Website), will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
8. To the maximum extent permitted by the law, we make no representations or Warranties, about our Site or the Content, including (without limitation) that;
9. they are complete, reliable, accurate, up to date, and suitable for any particular purpose;
10. access will be uninterrupted, error-free, or free from viruses;
11. or our Site will be secure;
12. you read, use and act on our Site at your own risk.

1. Copyright and Intellectual Property

1. The Website, the Purchase Services and all of the related products of Pinjarra Health & WholeFoods (also known as Pinjarra health Fodds for the purpose of this Website), are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), or its contributors.
2. Pinjarra Health & WholeFoods (alos known as Pinjarra Health Foods for the purpose of this Website),retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
3.  the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose fo this Webstie); or
4. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
5. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
6. You may not, without the prior written permission of Pinjarra Health & WholeFoods (also known as Pinjarra Health Fodds for the purpose of this Website), and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

1. Privacy

Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), takes your privacy seriously and any information provided through your use of the Webiste and/or the Purchase Services are subject to Pinjarra Health & WholeFoods 's (also known as Pinjarra Health Foods for the purpose of this Website), Privacy Policy, which is available on the Webiste.

1. General Disclaimer

1. You acknowledge that Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Webstie), does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
5. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
6. Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose f this Website), will not 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7. Use of the Website, the Purchase Services, and any of the products of Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Pinjarra Health & WholeFoods (also knwon as Pinjarra Health fodds for the purpose of this Website), are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Webste),  make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Pinjarra Health & WholeFoods - also known as Pinjarra Health foods for the purpose fo this Website,) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
8. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
9. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
10. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
11. the Content or operation in respect to links which are provided for the User's convenience;
12. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
13. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. the Content is not comprehensive and is for general information and educational purposes only. It does not consider your individual or specific needs, objectives or circumstances, and it is not professional advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by the law.
15. This site may use cookies to monitor browsing preferences. By using our Site or by agreeing to these Terms, you consent to our use of cookies, in accordance with the Terms of our Privacy Policy (available on our Site).

      1. Medical Disclaimer

      1. The Content on our Site is not intended to be a substitute for professional medical advice, diagnosis or treatment.            Always seek  the advice of your doctor or other qualified health provider with any questions you may have about a            medical condition or regarding your physical or mental health and wellness. Never disregard professional medical            advice or delay in seeking it because of something you have read on our Site. If you experience any pain or                        difficulty with exercise or diet, stop and consult your healthcare provider. If you think you may have a medical                    emergency, call your doctor or 000 immediately.

       2. Please note that soem of the products we sell may contain ingredients that are derived directly from nuts or                       otherwise contain potential allergens or ingredients that you may react to )gluten, dairy etc). Some herbs or other             ingredients may be contraindicated with certain conditions including pregnancy. It is your responsibility to read                 through the ingredients list prior to Purchase of the Product and to contact us if you are unsure if a product is                   right for you. If you buy a product and have areaction to it, please discontinue using it and feel free to contact us               or your health practitioner for further advice. Please note that we will not be held liable for allergic or adverse                   reactions. We  do not exchange or issue refunds on the basis of allergic or adverse reactions to a product.

   Limitation of Liability

1. Pinjarra Health & WholeFoods 's (also known as Pinjarra Health Foods for the purpose of this Website), total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that Pinjarra Health & Foods (also known as Pinjarra Health Foods for the purpose of this Website), its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, lost opportunity and any other intangible loss.
3. Pinjarra Health & WholeFoods (also knwon as Pinjarra Health Foods for the purpose of this Website), is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), by third parties or by any of the Purchase Services offered by Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website)
4. Our site may contain links to websties offered by Third Parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites, or the availability of those websties. The links are soley provided for your reference. You should make your own investigations with respect to the suitability of those websitesfor your purposes or needs.
5. To the maximum extent of the law, Pinjarra Health & Wholefoods (also known as Pinjarra Health foods for the purpose of this Website), is not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect, and/or whether present, unascertained, future or contingent, (Liabilty) suffered by you or any third party, arising from or in connection with your use of our Site, and/or the Content and/or any inaccessibility of interuuption to or outage of our Site, and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date.
6. To the maximum extent permitted by the law, you must indemnify us, and hold us harmless, against any Liabilty suffered or incurred by you or any third party arising from or in connection with your use of our site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right ofiIndemnity under these Terms.
7. We may at any time and without notice to you, discontinue our Site in whole or part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

1. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Pinjarra Health & WholeFoods (also known as Pinjarra health foods for the purposes of this Website). as set out below.
2. If you want to terminate the Terms, you may do so by:
3. notifying Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purposes of this Website), at any time; and
4. closing your accounts for all of the Purchase Services which you use, where Pinjarra Health & WholeFoods (also known as Pinjarra health Foods for the purposes of this Website), has made this option available to you.
5. Your notice should be sent, in writing,  via the 'Contact Us' link on our homepage or direct via email to admin@pinjarrahealthfoods.com.au 
6. Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), may at any time, terminate the Terms with you if:
7. you have breached any provision of the Terms or intend to breach any provision;
8. Pinjarra Health & WholeFoods (also known as Pinjarra health Foods for the purpose of this Website), is required to do so by law;
9. the partner with whom Pinjarra Health & WholeFoods (also known as Pinjarra health fodds for the purpose of this Website), offered the Purchase Services to you has terminated its relationship with Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose of this Website), or ceased to offer the Purchase Services to you;
10. Pinjarra Health & WholeFoods (also known as Pinjarra Health Foods for the purpose os this Website), is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
11. the provision of the Purchase Services to you by Pinjarra Health & WholeFoods (also known as Pinjarra Health fodds for the purpose of this Website), is, in our opinion, no longer commercially viable.
12. Subject to local applicable laws, Pinjarra Health & WholeFoods (also knwon as Pinjarra Health Foods for the purpose of this Website), reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Pinjarra Health Foods 's name or reputation or violates the rights of those of another party.
13. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Pinjarra Health & WholeFoods (also known as Pinjarra health Foods for the purpose of this Website),  have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

1. Indemnity

1. You agree to indemnify Pinjarra Health Foods, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
2. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
3. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
4. any breach of the Terms.

1. Dispute Resolution

13.1.           Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2.           Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3.           Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in SHOP 46, PINJARRA S/CENTRE.

13.4.           Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.5       Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

1. Venue and Jurisdiction

The Purchase Services offered by Pinjarra Health & WholeFoods (also known as Pinjarra health foods for the purpose of this Website), is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

1. Governing Law

The Terms are governed by the laws of NWestern Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.