Natural State Living - Terms of Service
Last updated: September 2018
In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
Natural State Living operates sessions and retreats to inspire you to fall in love with life again by living in your Natural State and being the person you love to be.
2) Ability to Accept Terms of Service
You must be at least 18 years of age or have authorisation to access the Service offered by Natural State Living. If you have authorised a Child to use the Service, you are responsible for their conduct, and the consequences of any misuse.
In addition, you affirm that you have not been previously suspended or removed from the Service.
3) Natural State Living Service
The Agreement applies to all users using the Service (“User”). Information provided through the Service may contain links to third party websites that are not owned or controlled by Natural State Living. Natural State Living has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Natural State Living will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Natural State Living shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.
4) Natural State Living Access
Subject to your compliance with these Terms of Service, Natural State Living hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.
Natural State Living will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
a) as necessary to perform Natural State Living’s Service; or
b) to Natural State Living’s personnel and any service provider that Natural State Living works with where necessary to operate the Service; or
c) if the relevant person has given Natural State Living permission to do so; or
e) if required or permitted by law.
As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
You agree to defend, indemnify and keep indemnified, Natural State Living and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:
b) violation of any Intellectual Property or other rights of a third party, or privacy right; or
c) your access or use of the Service, and/ or Personal Data posted by you through or at the Service.
This Indemnity clause will survive this Agreement and your use of the Service.
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, and the parties submit to the exclusive jurisdiction of the New South Wales courts for any matter arising under or relating to this Agreement.
Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.
10) Amendments to this Agreement
This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Natural State Living will endeavour to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service.
11) Transmission and Posting of Content
You, the User, are solely responsible for your conduct and any:
a) data, text, files, information, images, graphics, photos, links and other content or materials ("Content"); and
b) information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)
that you submit or post via the Website or Service.
12) Disruption of and Modifications to the Website
Natural State Living will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.
To the extent permissible at law, Natural State Living shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Natural State Living will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.
13) Intellectual Property Rights
All of the information contained on this Website is the intellectual property of Natural State Living. All trade marks, logos or any other of its intellectual property rights are the exclusive property of Natural State Living. You may not download, copy or print any of the pages of the Website except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, "scraping" or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.
By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.
14) Website Accuracy
The information contained on this Website is given in good faith and Natural State Living uses all reasonable efforts to ensure that it is accurate. However, Natural State Living gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
15) Use of Subcontractors
You agree that Natural State Living may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing and related technology required to run the Service and manage Personal Data.
16) Prohibited Activities
In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:
a) Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
b) Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
c) Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Natural State Living Website.
d) Compromise the security of the Website service;
e) Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
f) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
g) Impersonate any person or entity;
h) Buy, sell or otherwise offer in exchange for any compensation, access to Natural State Living Website and Services; and
i) Develop any third party applications that interact with User Content, the Website or any other services without our prior written consent.
17) Other Conditions of Use
In addition to the other terms and conditions outlined in these Terms of Service, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that Natural State Living is not responsible or liable for the conduct of any User. Natural State Living reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
TERMS AND CONDITIONS APPLICABLE TO NATURAL STATE LIVING PRODUCTS AND SERVICES
18) Cancellation Policy
Natural State Living reserves the right to cancel a session or retreat at any time and will refund the full amount of any monies paid by the User.
Natural State Living reserves the right at any time to vary any session or retreat. To the extent permissible at law, Natural State Living will not be liable to the User or to any third party for any variance of the Service.
20) Terms and Conditions
In addition to the other terms and conditions outlined in these Terms of Service, the below Terms and Conditions relate specifically to our Products and Services range, being:
A. Silence and Sound DJ Journeys;
B. Energise Your Paradigm (EYP);
D. Apparel and other accessories; and
E. Digital, downloadable and other digital media products.
A. Silence and Sound DJ Journeys
Description: Silence and Sound DJ Journeys is a event involving meditation, silence and movement through music.
Terms and Conditions:
a) A no refund policy applies to this program. Please consider your purchase carefully.
b) You may gift your ticket to a friend if you are unable to make the event.
c) A full refund will be issued if the event is cancelled by Natural State Living
B. Energise Your Paradigm (EYP)
Description: Energise Your Paradigm (EYP) is a holistic coaching session offered online as a 90 minute session
Terms and Conditions:
a) All sessions are to be paid for in full at the time of booking.
b) EYP bookings are to be used within 3 months of the booked date or the session and payment will expire.
c) Users can change their booking date three times without penalty and will be re-scheduled to the next best available time. If the session is not used or committed to on the third date change the User forfeits that purchase/session.
d) 7 days notice must be given to avoid fees of any date/booking change. Please thoughtfully consider your purchase and date selection.
e) We reserve the right to charge the following fees for cancellations:
Cancellation within 7 days of the booked session date – 100% fee
Cancellation within 8 – 14 days of the booked session date – 50% fee
Cancellation within 14 + days of the booked session date – No fee
g) Medical and/or family emergencies are an exception to our cancellation policy. Sufficient evidentiary documentation must be presented.
Description: The EYP retreat is a personalised retreat focusing on energetic and emotional wellness, private sessions, organic food and rejuvenation.
Terms and Conditions:
a) Payment can be made in two instalments. The first 50% is paid at the time of booking to hold the Users place. The final 50% is paid two weeks out from event date. Payment is paid in full at time of booking if the booking is made within the 2 week window.
b) At least 28 days notice must be given to avoid fees for any date/booking change. Please thoughtfully consider your purchase.
c) We reserve the right to charge the following fees for cancellations:
Cancellation within 14 days of the booked retreat date – 100% fee
Cancellation within 15 - 28 days of the booked retreat date – 50% fee
Cancellation within 28 + days of the booked retreat date – Full refund minus a $165 administration fee.
d) Natural State Living reserves the right to waive this cancellation policy where the User can find someone to take their place or where there is a waiting list for the retreat.
e) Medical and/or family emergencies are an exception to our cancellation policy. Sufficient evidentiary documentation must be presented.
Description: Natural State Living sells products including baseball caps, t-shirts and other clothing items.
Terms and Conditions:
a) Natural State Living has a no refund policy.
b) Natural State Living apparel, apparel line and/or product line (as we add new products) may be returned in exchange for credit towards another item from our range.
c) Stock availability is subject to prior sale.
21) Questions and Comments
The Privacy Officer
Natural State Living
PO Box 7393
Bondi Beach NSW 2026
Phone: + 61 411 615 000
Please provide sufficient detail about the information in question to help us locate it.