Welcome to www.rebeccasnaturalhealthcare.com (the "Website"). The Website is operated by Lucas Enterprise VIC Pty Ltd t/as Rebecca's Natural Healthcare (ABN 56 936 531 581 ("we", "us" and "our").

Please read these terms and conditions (collectively, the "Terms") carefully before using the Website, as your access and use of the Website, as well as its related websites, content, services, information, software, files, materials and/or interactive features on or through the Website and information we provide to you (collectively, the "Material") is governed by the Terms, in addition to the provisions of any other instrument, document or agreement that you may be required to execute in relation to any good or service we provide, which are incorporated herein by reference. The Terms apply to all visitors, users and others who access or use the Website.

By accessing, using, browsing and/or reading the Website, you acknowledge and accept that you have read, understood and agree to be bound by the Terms, and consent to our usage of information as outlined in our .

IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

On this Website you may find blogs, posts, articles and publications about health and wellbeing, as well as healthy hints, tips, recipes and other things of interest. This information is provided for information purposes only as part of my mission for knowledge to be available and accessible to everyone so they can make informed decisions about their body, health and wellbeing.

The Website allows you to access information, communicate and/or book a consultation with us by using the functionalities and features of the Website (collectively, the "Services"). The Website also allows you to utilise the Services for the purpose of acquiring wellness, health, fertility and naturopath advice and/or services , including the online program called Naturally, Nurtured Fertility and/or Material from us (collectively, "Naturopath Services"). The Naturopath Services may be provided by us or our appointees ('Health Provider') and may be delivered virtually (including through the Website) or in person.

If you wish to use, access and/or receive any Naturopath Services you may be asked to supply certain information to us and the Health Provider including, without limitation, your name, address, birth date, personal information, sensitive and/or health information, credit card information and any other information required to properly perform the Naturopath Services.

You must be at least eighteen (18) years of age to use the Website and acquire the Naturopath Services and you warrant and represent that you are at least eighteen (18) years of age.  If you are under 18 and are using the Website, you agree that you are here with your parent or guardian's knowledge and permission, and that they are responsible for any purchases made on your behalf, including the Naturopath Services.

The Website uses cookies. By using the Website you consent to our use of cookies in accordance with the terms of our Privacy Policy.

You agree to provide us with all information reasonably relevant to your request for the Naturopath Services.  To the extent advice, treatment and/or care is provided to you by us in relation to the Naturopath Services, you agree that it is based on the information you provide to us.

You understand and agree to the following with regards to your use of the Website and the Naturopath Services:

• You shall use common sense when accessing and using information from the Website and in the Materials, and take responsibility for your own health, safety and wellbeing. You should determine whether the recommendations made by us and our Health Providers are safe and suitable for you, and make independent enquiries before deciding if any information provided by us or our Health Providers applies to and is relevant to you. Please check with your primary health provider for further advice if you are unsure.
• Always talk to your medical or health care professional before significantly changing your diet, especially if you have known allergies, food intolerances, or specific medical conditions.
• All content on this Website is created and published for informational purposes only. It is not intended to be a substitute for professional medical or health advice or treatment and should not be relied on as such, particularly if you have any underlying issues and/or a suspected or diagnosed medical condition.
• Video conferencing technology may be used to effect consultation and this consultation will not be the same as an 'in person' visit due to the fact that you will not be in the same room as the Health Provider.
• The Health Provider or you can discontinue the tele consult/visit if it is felt that the videoconferencing connection is not adequate or appropriate for the situation.
• Your personal and/or healthcare information may be shared with other individuals for scheduling, billing, customer service, providing the Naturopath Services or legal purposes. Others may be present during the consultation other than the Health Provider in order to enable them to provide effective Naturopath Services. If other persons are present, we shall inform you. All such personnel will maintain confidentiality of the information obtained.

You agree to pay our fees or charges in relation to the Naturopath Services. You authorise us to immediately invoice your credit card or any other payment account and/or payment methods provided for any and all fees and charges due and payable and agree that no additional notice or consent is required by us to do this. The payments referred shall be made using Stripe Payments Australia Pty Ltd ("Stripe"), or such other payments provider.  In using the Website, the Naturopath Services or when making any payment in relation to your use of our services, you warrant that you have read, understood and agree to be bound by Stripe's terms and conditions, which are available on their website (https://stripe.com/au). Our fees or charges are net of any applicable fees and taxes and you will be responsible for payment of any and all such fees and taxes. You agree to indemnify us for any liability or expense incurred in connection with any such taxes. We may automatically charge and/or withhold such taxes for the Naturopath Services to be delivered within any jurisdiction that it deems is required. Unless otherwise agreed to by us in writing, all fees and charges paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third-party payment processors (such as Stripe). The use of your data by any such third-party payment processors is subject to their privacy policy.

We reserve the right, without notice, to modify, change, terminate, or suspend any of the Naturopath Services you are availing if, for any reason, payment for such Naturopath Services is not made or cannot be processed by us on the due date.

Unless otherwise provided by law or by a particular Naturopath Services offer provided by us, all payments made by you are final and non-refundable.

In the unlikely event that you aren't happy with the Naturopath Services program chosen by you, please contact us.  We will consider (but will not guarantee) any request for a refund if you contact us within the first 30 days of said program.   If you contact us after this time, unless in the event of exceptional circumstances, no refunds shall be given.

You will be ineligible for a refund of any type if, at any time, you have behaved inappropriately, have been untruthful, have threatened us or any Health Provider, have acted in such way that may damage or has damaged our reputation.

Any communication which you post to the Website or transmit to us by e-mail or other medium can be used by the us to provide the Naturopath Services, and you grant us a royalty-free, perpetual, irrevocable, non-exclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

As a user of the Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Website or any other person or entity, including us and/or a Health Provider; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.

We do not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to these Terms, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to users of the Website for performance or non-performance of such activities. We reserve the right to expel users of the Website and prevent their further access to the Website for violating these Terms or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

The Services may be interrupted, including for maintenance, repairs, upgrades, updates or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Naturopath Services, including but not limited to events in nature, natural events and other force majeure events.

Access to certain areas of the Website may be restricted. We reserve the right to restrict access to other areas of the Website, or restrict access to entire Website.

If we provide you with a user ID and password to enable you to access restricted areas of the Website, Material or Naturopath Services, you must ensure that the user ID and password are kept confidential and are only used by you to receive the Naturopath Services.  We may disable your user ID and password without notice or explanation.

We authorise you to view, copy, and print a single copy of material on the Website solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Website.

As a user, you agree to use the Naturopath Services offered by us in a manner consistent with all applicable local, state and Commonwealth laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. We prohibit conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the Services offered by us is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on or through the Website.

The Material is protected by Australian and foreign copyright and trade mark laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website (including social media) or in a networked computer environment for any purpose is prohibited.

If you violate any of the Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material. You may also be liable to us to pay damages for breach of the relevant person's intellectual property.

We hereby grant you a limited, non-exclusive, non-transferable right to access the Website and acquire and use the Naturopath Services solely for your personal non-commercial use and only as permitted under these Terms and any separate agreements you may have entered into with us.

You agree to the following with regards to use of the Website and the Naturopath Services:

• not to use the Website in any way that causes, or may cause, damage or impairment of the availability or accessibility of the Website and/or mobile applications; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer and/or mobile/smartphone software or code through or onto or in relation to the Naturopath Services;
• not to conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to the Website without our express written consent;
• not to use the Website or Naturopath Services for any purposes related to marketing;
• not to use the Website or the Naturopath Services for or in relation to any medical emergency;
• not to use the Website or the Naturopath Services as a substitute for health insurance or a primary care medical doctor or in-person doctor visits;
• not to use the Website or Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• not to use the Website or the Naturopath Services to adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manner, or in ways that burden, impair, or harm us, our Services, Website and/or mobile applications systems, our users, or others;
• not to use the Website or Naturopath Services to violate any local, state, national or international law;
• not to use the Website or Services to reverse engineer, alter, modify, create derivative works from, decompile, or extract code, disassemble, decompile, or translate any software or other components of the Website or Services;
• not to gain or attempt to gain unauthorised access to the Website or Naturopath Services;
• not to use the Website or Services to interfere with or disrupt the integrity or performance of the Website or Naturopath Services;
• not to use the Website or Services to create accounts for our Services through unauthorised or automated means;
• not to use the Website or Services to collect the information of, or in relation to, our users;
• not to use the Website or Services to distribute or make our Naturopath Services available over a network where they could be used by multiple devices at the same time; and
• not to use the Website or Services in any manner that exceeds the scope of use granted in these Terms.

The Website and the Naturopath Services are provided for your education and constitute general information only.

Any testimonials and example results that may appear on the Website are based on our experience or those of our Health Providers and those of previous clients. They are not guarantees that you or anyone else will achieve the same results. This is because, while naturopathy is based on scientific and other evidence, there are many variables between persons, and each may respond to treatment or advice differently.

The Website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the information and Materials provided on the Website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

• The Website will be constantly available, free from computer/mobile device virus or other harmful code;
• That the Naturopath Services are suitable and/or appropriate for you or any other person; are safe; that they shall produce, deliver and/or guarantee a particular result or event; or
• The information on the Website is complete, true, accurate or non-misleading.

Nothing on the Website constitutes, or is meant to constitute, medical advice of any kind.  Always seek the guidance of your naturopath or qualified medical/health professional with any questions you may have regarding your health.

Our total liability (and the liability of the Health Provider) arising out of or in connection with the operation of the Website, the Naturopathy Services and/or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the relevant services to you.

You expressly understand and agree that we, our affiliates, Health Providers, employees, agents, contributors and licensors shall not be liable to you or any third party for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you or others, however caused and under any theory of liability. This shall include, but is not limited to, any loss or damage arising from or in relation to the use or inability to use the Website and/or the Materials, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, business reputation, hurt, distress and any other intangible loss.

The Website may contain links to third party websites. These links are provided solely as a convenience to you and not an endorsement by us of the contents on such third-party websites. We and our Health Providers are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of material on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

We may modify, suspend, or terminate your access to or use of the Website and/or our Naturopath Services anytime for any reason, such as if you violate the letter or spirit of our Terms, or create harm, risk, or possible legal exposure for us, a Health Provider, our users, or others. All remaining provisions of these Terms shall remain in full force and effect including but not limited to "No Warranties", "Indemnity", "Assignment", "Venue and Jurisdiction", "Disclaimer".

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

We may use any information we obtain relating to you, including your IP address, name, mailing address, email address and use of the Website, for our internal business and marketing purposes.

In the event of any dispute arising out of or in relation to the Website and/or the Naturopath Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, proceeding or claim arising out of or in any way relating to the Terms or the Naturopathy Services and the rights created thereto shall be governed and construed by, under and pursuant to the laws of Victoria, Australia. 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.

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) by contacting us and providing the following information:

• Identification of the material that you believe to be infringing and its location, and where possible include a copy or the location (e.g., URL) of an authorised version of the work. Please describe any other pertinent information that will allow us to locate the material. Please provide your name, address, telephone number and e-mail address.
• A statement that the information that you have supplied is accurate, and warranting that you are the copyright owner or are authorised to act on the copyright owner's behalf.

We make no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials may not be legal by certain persons in certain countries. If you access the Website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by laws of Australia, without respect to its conflict of laws principles. If any provision of these Terms is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by us, a Health Provider or in the Material on particular pages of the Website, these Terms constitutes the entire agreement between you and us with respect to the use of the Website and the Naturopathy Services.

The use by us of the word 'including' in these Terms is without limitation to other matters.

We may change these Terms from time to time and a copy of the most recent Terms shall appear on the Website. Any changes to these Terms must be made in writing and signed by our authorised representative(s).

If you have any questions about these Terms, please contact us by filling in details in our Contact Us form available on the Website, or by using the information that appears on the Website.

Date:  1 July 2021