The Natural Kitchen website at www.naturalkitchen.com.au (Website) is owned and operated by The
Natural Kitchen Pty Ltd ABN 89 167 579 526 (The Natural Kitchen, we, us, our ). These terms and
conditions govern your use of this Website, including the use of the information services provided
through this Website; by using this Website, you accept these terms and conditions in full. If you disagree
with these terms and conditions or any part of these terms and conditions, you must not use this
Website. You must be at least 18 years of age to use this Website. By using this website and by agreeing
to these terms and conditions you warrant and represent that you are at least 18 years of age. If you are
registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of
this Website and ensure compliance with these terms. You agree to pay for our services in the manner
specified on the Website.
You must consult a qualified medical professional to determine your current health, if you have any
questions concerning your medical condition or injury, and any restrictions that are appropriate for you.
You should immediately seek medical attention if there are any unanticipated changes to your health or
physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not
intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental
health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you
should carefully evaluate the accuracy and relevance of the information for their purposes and obtain
appropriate professional medical advice.
By accepting the Terms and Conditions you understand that Nutritional information is based on average
figures and standard product formulations. Actual serving sizes and nutrient values may vary due to
individual preparation of each recipe and regional and seasonal differences in ingredients. The allergen
information is based on our supplier’s ingredients list. The allergen details in our guide reflect the allergen
contained in the product only. Wheat, gluten, dairy, egg, fish, shellfish, tree nuts, peanuts and sesame
seeds are all present in the facilities where we produce, prepare and sell food. While we take precautions
to prevent cross contamination, we cannot guarantee that our products are free from allergens. Please be
aware that there is always a risk that trace allergens may be transferred to ingredients during storage or
preparation of items in our kitchen.
All information provided by us on the Website is provided in good faith. We derive our information from
sources which we believe to be accurate and up to date as at the date of publication. We may update any
information at any time but you acknowledge that the information on the Website may not be the most
current knowledge. The information on the Website may not be suitable to your particular circumstances
and is not a substitute for obtaining specific advice from a qualified health care professional. Before
relying on any information on the Website, you should carefully evaluate the accuracy, completeness and
relevance of this information for your purposes, and consider the need to obtain appropriate expert
advice relevant to your circumstances. In addition, to the extent permitted by law, we do not make any
representations or warranties that any information we provide is reliable, accurate or complete and we
make no guarantees of any specific result from use of this Website or the information service provided
through it. To the extent permitted by law, we are not liable for any loss or damage arising from any
action taken or reliance by you on any information or material available on the Website.
Certain parts of the Website may provide recommendations and test results based on the input and data
that you provide. These recommendations and test results generated by the Website are generic
automated responses that are pre-programmed, and they do not take into account any other factors that
may be relevant to you. They are provided for your general information purposes only, and are not
medical or professional opinion or advice. You must not rely on these recommendations and test results,
and you should seek professional advice from healthcare professionals. To the extent permitted by law,
we are not liable or responsible for any recommendations and test results generated by use of the
Website.
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are
delivered on an "as-is" and "as-available" basis. We can not ensure that files you download from the Site
will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based
communications such as via Face book or Twitter from us cannot be guaranteed.
We do not accept responsibility for any loss or damage, however caused (including through negligence),
which you may directly or indirectly suffer in connection with or arising from the products or services
including acts, omissions and conduct of any third party users of the Website, other members, other
contributors to the Website, and advertisers or sponsors. We are not responsible for the products,
services, advice, information, actions or failure to act of any third parties referenced on the Website
(including User Content of other users of the Website referred to below). Where the information made
available over the Website contains opinions or judgments of third parties (including advertisers), we do
not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or
completeness of that content, and we will not accept liability for loss or damage arising from your reliance
upon any information obtained through this service. It remains your responsibility to evaluate the
accuracy, completeness and usefulness of any such information.
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect
such information, we do not warrant and cannot ensure the security of any information which you
transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of
such information.
To the maximum extent permitted by law The Natural Kitchen excludes completely all liability whatsoever
for any loss or damage of any kind (including special, indirect or consequential loss and including loss of
business profits) however caused (including negligence) arising out of or in connection with the website
content and the use or performance of the Website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these
terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us
from excluding or modifying the application of, or our liability under, any such condition or warranty, that
condition or warranty will be deemed included but our liability will be limited for a breach of that
condition or warranty to, (if the breach relates to services) re-supplying, or paying the cost of re-
supplying, those services.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude
liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us from and against any third party claims and all losses, expenses, damages and
costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which
arises as a result of your breach of these terms in your use of the Website.
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in
this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons,
sound recordings, video, software and advertisements) is owned or licensed by us. Information procured
from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on
the Website should be interpreted as granting any rights to commercial use or to distribute any names,
logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view,
listen to, use and print this Website and its content solely for your personal, non-commercial purposes
and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be
reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written
permission.
The Website may contain links to other websites operated, controlled or produced by third parties. Unless
otherwise indicated, The Natural Kitchen does not control, endorse, sponsor or approve any such third
party websites or their content nor does The Natural Kitchen provide any warranty or take any
responsibility whatsoever for any aspect of those websites or their content.
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as
part of the ordering procedure. Acceptance and continued access to
our service is always subject to payment first being made by you. For the removal of doubt, by placing an
order, you make an offer to purchase the relevant subscription that is the subject of your order. We
reserve the right to terminate your access to our service if you are not up to date with any payment plan
that may be offered. Our subscription fee and other charges are GST inclusive. The receipt of payment
that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to
GST. All fees are non cancellable and non refundable except as expressly set out in these terms and
conditions. You will not be able to terminate your subscription prior to the end of the subscribed term,
and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you
acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the
full 12 weeks).
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add
to these terms at any time. Where there are material changes to these Terms and Conditions that could
adversely affect you we will provide you additional notice to you by way of the email address you have
provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
1. 2. received notice of such changes when we place a notice on the Website setting out the changes; and
agreed to the terms and conditions as varied the next time you access your account after we publish the
notice on the Website.
You consent to your personal information being used and/or disclosed for any reasons given to you by us
in relation to the use and disclosure of your personal information, including the reasons set out in our
Privacy Policy.
The Natural Kitchen may in its sole and absolute discretion refuse registration, or suspend or terminate
membership at any time and for any reason, subject to a valid pro-rata refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the
enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement:
"disclaimer", "limitation of liability", "indemnity" and "intellectual property".
These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the
non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.
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