WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.melissaluxmoore.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various physical products and Eproducts as well as services 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').
1.2. The Website is operated by Melissa Luxmoore t/a iNourish (abn: 44288746490). Access to and use of the Website, or any of its associated Products or Services, is provided by Melissa Luxmoore. 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.
1.3. Melissa Luxmoore reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Melissa Luxmoore updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. 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 Melissa Luxmoore in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required to 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 (but not limited to):
(a) Name
(b) Email address
(c) Preferred username
(d) Telephone number
(e) Password
3.2. You warrant that any information you give to Melissa Luxmoore in the course of completing the registration process will always be accurate, correct and up to date.
3.3. 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.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Melissa Luxmoore; or
(b) 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.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
4.2. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) 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;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Melissa Luxmoore of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(e) 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 Melissa Luxmoore providing the Purchase Services;
(f) 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;
(g) 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 Melissa Luxmoore for any illegal or unauthorized use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. 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').
5.2. Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Providers')
5.3. 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.
5.4. Following payment of the Purchase Price being confirmed by Melissa Luxmoore, you will be issued with a receipt to confirm that the payment has been received and Melissa Luxmoore may record your purchase details for future use.
6. Refunds and Returns
For Physical Products
6.1 In the event that you receive the physical Products you have purchased, and would like a return for a reason not considered under Australian Consumer Law, Melissa Luxmoore may, at its discretion, offer you a refund or exchange, provided that:
a. You notify us within 30 days of receipt via e-mail.
b. The following conditions are satisfied:
· the product is in the same condition that you received it;
· It is in the original packaging; and
· It is not an exempt item as below.
For Eproducts
6.2 Melissa Luxmoore may, at its discretion, provide a refund on the return of the EProduct within 7 days where the Product does not meet your requirements. In order to request a refund, please e-mail melissa@melissaluxmoore.com outlining the reasons behind your request.
For Appointments
6.3 You must notify Melissa Luxmoore of an intention to cancel a scheduled appointment/consultation as soon as practicable in writing by e-mail to melissa@melissaluxmoore.com in which case the following cancellation policy will apply (‘the Cancellation Policy’).
6.4 Consultations/appointments may be cancelled without charge, and Your payment refunded if 24 hours’ notice is given.
6.5 Consultations/appointments may be re-scheduled without charge if 6 hours’ notice is given.
6.6 If consultations/appointments are cancelled with less than 24 hours’ notice with no intention to reschedule, unless otherwise agreed in writing, the full fee will be payable and is non-refundable.
6.7 Requests for an appointment to be re-scheduled will not be honoured if made within 6 hours of the appointment. In this case, unless otherwise agreed in writing, the full fee will be payable and is non-refundable.
6.8 If Melissa Luxmoore foresees being unable to undertake the consultation/appointment on the agreed date and time, Melissa Luxmoore will inform You as soon as practicable and will reschedule the consultation/appointment.
6.9 Melissa Luxmoore will only be required to provide You with a refund of the Fees in the event that Melissa Luxmoore is unable to continue to provide the Services (the 'Refund').
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Melissa Luxmoore integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2. In providing the Purchase Services, Melissa Luxmoore may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Melissa Luxmoore is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Melissa Luxmoore asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to melissa@melissaluxmoore.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Warranty
8.1. Melissa Luxmoore’ 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 repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
8.2. The Warranty does not apply to any appearance of the supplied Products 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.
9. Code of Conduct
9.1. In providing the Services, Melissa Luxmoore will maintain Natural Medicine standards established by the Australian Traditional-Medicine Society. You may access this Code of Conduct here.
10. Information Disclaimer
10.1. The information contained on this Website and within all associated Products is for general information purposes only and is not meant to substitute professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information or Products offered by Melissa Luxmoore.
10.2. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after using any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding food and nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
11. Confidentiality
11.1. Confidential Information means information provide by a party under this Agreement to the other party, that is not generally available to the public.
11.2. All obligations of confidence set out in this Agreement continue in full force and effect after the Services have been provided.
11.3. Melissa Luxmoore must not disclose any Confidential Information provided by You in the provision of Services, to any third party without.
11.4. This Agreement prohibits the disclosure of Confidential Information by Melissa Luxmoore with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of Melissa Luxmoore.
12. Copyright and Intellectual Property
12.1. The Website, the Purchase Services and all of the related products of Melissa Luxmoore 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 Melissa Luxmoore or its contributors.
12.2. Melissa Luxmoore 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:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Melissa Luxmoore; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) 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).
12.3. You may not, without the prior written permission of Melissa Luxmoore 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. Privacy
Melissa Luxmoore takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Melissa Luxmoore’ Privacy Policy accessible at [LINK].
14. General Disclaimer
14.1. You acknowledge that Melissa Luxmoore does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2. Melissa Luxmoore will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
14.3. You acknowledge and agree that Melissa Luxmoore cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by You. Rather, Melissa Luxmoore shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Melissa Luxmoore will use its best efforts and does not promise results.
14.4. 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.
14.5. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Melissa Luxmoore 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.
14.6. Use of the Website, the Purchase Services, and any of the products of Melissa Luxmoore is at your own risk. Everything on the Website, the Purchase Services, and the Products of Melissa Luxmoore, 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 Melissa Luxmoore make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Melissa Luxmoore) 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:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15. Limitation of Liability
15.1. Melissa Luxmoore' 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 Melissa Luxmoore is the resupply of information or Purchase Services to you.
15.2. You expressly understand and agree that Melissa Luxmoore, 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 and any other intangible loss.
15.3. Melissa Luxmoore 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 Melissa Luxmoore, by third parties or by any of the Purchase Services offered by Melissa Luxmoore.
16. Termination of Contract
16.1. The Terms will continue to apply until terminated by either you or by Melissa Luxmoore as set out below.
16.2. If you want to terminate the Terms, you may do so by:
(a) notifying Melissa Luxmoore at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Melissa Luxmoore has made this option available to you.
16.3. Your notice should be sent, in writing, to Melissa Luxmoore via the 'Contact' link on our homepage.
16.4. Melissa Luxmoore may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Melissa Luxmoore is required to do so by law;
(c) the partner with whom Melissa Luxmoore offered the Purchase Services to you has terminated its relationship with Melissa Luxmoore or ceased to offer the Purchase Services to you;
(d) Melissa Luxmoore 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
(e) the provision of the Purchase Services to you by Melissa Luxmoore is, in the opinion of Melissa Luxmoore, no longer commercially viable.
16.5. Subject to local applicable laws, Melissa Luxmoore 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 Melissa Luxmoore’ name or reputation or violates the rights of those of another party.
16.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Melissa Luxmoore 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.
17. Indemnity
17.1. You agree to indemnify Melissa Luxmoore, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) 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
(c) any breach of the Terms.
18. Dispute Resolution
18.1. 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).
18.2. 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.
18.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 7 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;
(b) If for any reason whatsoever, 7 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 The Australian Capital Territory Law Society or his or her nominee;
(c) 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;
(d) The mediation will be held at a location to be agreed between the parties.
18.4. 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.
19. Venue and Jurisdiction
The Purchase Services offered by Melissa Luxmoore 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 The Australian Capital Territory, Australia.
20. Governing Law
The Terms are governed by the laws of The Australian Capital Territory, 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 The Australian Capital Territory, 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.
21. 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.
22. 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.