Terms and Conditions - Nutradeen Honey

Website and Internet Site (“Site”) Terms and Conditions (“Agreement” or “Terms”)

Heaven Sent Speciality Products and Services Pty Ltd, trading as Nutradeen, is an Australian natural health company, focussing on Manuka honey and its therapeutic and beneficial impacts. We sell these products in a range of countries.

This Agreement is legally binding between you (“User”, “you” or “your”) and Heaven Sent Speciality Products & Services Pty Ltd (doing business as “Nutradeen”), including our employees, directors and other personnel, as well as to our agents (“we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services.

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Nutradeen, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

This Site Agreement (or Terms) govern your use of:

(a) the Nutradeen website at nutradeen.com.au, and any websites or applications operated by us, our parent company or our agents in relation to our products;

(b) our social media sites and applications including Facebook; and

We reserve the right to amend our Sites and Terms from time to time. Amendments will be effective immediately upon being placed on the Site. Your continued use of the Site following such amendments being placed will represent an agreement to be bound by the Site as amended unless we explicitly agree otherwise.

Privacy policy

As well as these Terms, the Privacy Policy also applies to you and your use of the Sites. Please ensure you read the Privacy Policy in conjunction with these Terms. By accessing the Sites you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions. In addition, if you are purchasing products from the Site (“Products”) you should ensure you read the Terms of Purchase as these will govern the purchase of any Products you make.

Content and intellectual property

The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content).

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property or Content owned by Nutradeen or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nutradeen. All trademarks, service marks, graphics, and logos used in connection with the Services, are trademarks or registered trademarks of Nutradeen or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Nutradeen or third-party trademarks.

You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where the Website explicitly permits and enables the download of particular Content.

We are not responsible for any content or information on any website that is linked to our Website. Where we include links, such links are provided for your convenience and you should not consider a link to be an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our Website, you must first obtain our written consent.

Restrictions on use

We grant you a limited license (“License”) for the purpose of learning about Nutradeen and its Products, making enquiries about our Products or Wholesale or Agency business opportunities, and registering, ordering and paying for Nutradeen products. Any contravention by you of these Terms terminates the License immediately.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet, or reduce the number of users accessing or using or able to access or use the Website;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose; or

(j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

If you register to be a member of our Website or for any service or offering on our Website, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason and we are not obliged to state such reason.

Privacy and purchasing products

We may collect certain personal information in order to operate the Website and conduct our business. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this Site, you accept the terms of our Privacy Policy.

If you intend to purchase any products via our site, you will do so on the terms and conditions set out in our Terms of Purchase. By ordering and purchasing our products via this site, you accept the terms of our Terms of Purchase.

Risk and liability

You understand and agree that your use of the Site is at your sole risk. The Site is provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose). Without limiting the above, we do not warrant that the Site will be available at all times, secure or error-free, or that any Content is error-free or reliable.

In no event will we have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Site, whether or not such liability is direct, indirect, consequential, or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.

You agree to at all times indemnify us against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us arising out of or in connection with any breach by you of these Terms. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New South Wales, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New South Wales, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

http://nutradeen.com.au/contact/

This document was last updated on August 15, 2021