Terms & Conditions

Hi, and welcome to Kinship with Nature. This website (Site) is operated by Rachel Laity trading as KINSHIP WITH NATURE ABN: 12 924 596 924 (we, I, our or us). It is available at: www.kinshipwithnature.com.au and may be available through other addresses or channels. These website terms & conditions also known as "terms of service" govern the use this site, and any services or goods supplied through or by us.

Consent: By accessing and/or using our Site, you agree to these terms of use and our privacy policy available on our site. (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Restriction of Age: The minimum age to access this site is 18 years old. Anyone under the age of 18 years old must seek permission from their parent or legal guardian in order to use this site or access any services or products.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; (e)using our Site to send unsolicited email messages; or (f) facilitating or assisting a third party to do any of the above acts. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: This site is for your personal, non-commercial use only. You must not use our site, or any of the content, for commercial purposes, including advertising or advertising revenue generation on your own website or any other platform, without obtaining a licence to do so from us. Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: (a) copy or use, in whole or in part, any content; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party or (c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Exceptions to the above are: if you have purchased or signed up for one of the courses, webinars or seminars provided by us, in which case you can download course content for your own use only. Anyone can share content that is provided for free by us such as blog posts, social media posts, and other content hosted on this or other sites and may share these as long as the content it is not modified in any way and linked back to this website or social media channel from which the content was originally posted.   If you share content made freely available, you must not share content in a way that implies that we endorse a business, product or service that you own or have financial or other interest in without our express written permission to do so.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site or through social media channels or sites. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: (a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and (b) Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. Third party sites: Our Site may contain links to websites, blogs, stores or social media accounts operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites. We will not be involved in any disputes regarding third parties.

Payment terms Naturopathic Consultations: Payments for all services and products are listed in Australian Dollars (AUD). Payments for Naturopathic consultations are made 24 hours before the appointment via the Healthbank website which uses stripe to collect payment. Their terms and conditions are available at https://stripe.com/en-au/Legal/ssa. HealthBank have their own terms of use located at https://www.healthbank.io/terms which you will need to agree to as consultations are held via their site. Payments for Naturopathic services provided vary and can be found on this website and on the HealthBank platform.

All initial consultations take the form of a two-session package which consists of an initial consultation, a 10-minute check in, and a follow-up consultation of up to 45 minutes duration. After the initial package the patient may choose to purchase follow-up consultations such as a single consultation or a package of five consultations of up to 45-minutes duration per consultation. The consultation packages are required to be used within a year of purchase and are not transferable to other people. Payment plans are not yet available for consultations.

From time to time a promotion may be offered. Promotions can’t be accessed retrospectively and are available for the period of time indicated during the promotion. Webinars, webinar series and Courses: Payments for resources such as E-books, webinars, webinar series and courses are made in advance via stripe via the Modern platform. After the payment has been received, the product will be either made available for download, or access via a third-party site, or a membership link with password will be provided via the email you provide upon signup. You agree to keep account login/password information secure at all times. If the product is a live webinar or workshop the payment is to be made in advance and a link to the live webinar will be sent to your email.

Delivery: All services provided by Rachel Laity are provided online or via the phone only. Naturopathic consultations are delivered over the Healthbank website. In some cases, consultations are held via telephone. Once your appointment has been booked you will receive an intake questionnaire which needs to be completed 24 hours before the appointment. It is vital that this is fully completed as it contains important questions about your current health, medications and symptoms. You will also receive forms including a service agreement, privacy policy, and terms & conditions. The service agreement must be completed before the first consultation takes place. For the best use of your appointment, please ensure that you have a strong internet connection and arrive on time. If there is an unexpected outage, we will attempt to call you on the phone number provided to continue the session.

Delivery of digital products: E-books, webinars, webinar series and courses are delivered via the Modern platform where this site is hosted. In some cases, some of the content or a webinar may be delivered through a Facebook group or via Zoom and you may need to download software such as an app to view the content on your device. If you are unable to receive access to a live presentation due to technical issues, we will provide a recorded copy of the session. Shipping: No physical products are shipped by us. Third party sites are used to order and deliver physical products such as nutritional and herbal products, tinctures, flower essences and other practitioner only or retail products. Third party suppliers such as Vital.ly, Oborne, Natural Script have their own terms and conditions which you will need to agree to, to pay for and receive your prescribed products via post. They also use various postal and courier services who may have different delivery times and the delivery cost may vary. If you have ordered prescribed or retail products from these companies and don’t receive them in the indicated timeframe, please contact them directly to follow up for you. You are not obligated to purchase the prescribed products from these suppliers. If you have your own preferred supplier, we will write you a prescription in order for it fulfilled. If you reside outside of Australia and are prescribed supplements which are posted in the mail to you, you are responsible for finding out whether the supplements are permitted within the country you are receiving them in. We will not be held responsible for any confiscated items or for any legal issues you may face for neglecting to check the laws in your country.

Appointment rescheduling: If you need to reschedule your appointment, please do via the HealthBank website or via the HealthBank App. and ensure it is done so more than 24 hours before your appointment time, so another person can be allocated the slot. Appointments are unable to be rescheduled via apps, SMS, email or social media.

Appointment cancellation policy: Cancellations must be made via the Healthbank website or App. Please ensure your appointment is cancelled more than 24 hours in advance. If the appointment is cancelled with less than 24 hours' notice a 50% charge of the appointment will be made. If you fail to show up at an appointment without notice 100% of the appointment fee will be kept as a cancellation charge. Please avoid this by respecting our time, as we also respect yours by attending your appointment at the time you booked. In cases of emergency, the cancellation charge may be waived, but the decision will be decided based on the context as it arises.

Refund policy and Consumer Guarantees: In terms of Naturopathic consultations, once the consultation has taken place a refund can’t be issued. It’s not possible for us to refund physical time spent with you. If you would like a refund on sessions included in a package which you have not yet attended, a pro rata refund will be made into your bank account. Any refunds for products supplied by third parties such as Oborne, vital.ly, natural script and testing providers such as Clinical Labs, and I-screen will fall under their terms and conditions and refund policies which you will need to read and agree to for access to their services. We can’t issue refunds for products we don't supply. As an Australian business, you are covered by a consumer guarantee. In terms of refunds for webinars and courses if you feel the content didn’t reflect what was advertised and want a refund, you are entitled to a refund. The payment for webinar or course needs to have been received into our account for a refund to be processed. No refunds will be given because of change of mind. It's important to be clear on the content of the course, webinar or Naturopathic service inclusions before booking and paying. If you have any queries about what is and is not included, please feel free to contact us via email before making your purchase at info@kinshipwithnature.com.au

No express warranties are made. If you aren’t satisfied with the products or services provided, please contact us to let us know via email or phone and we will try to find a mutually agreeable solution. Constructive feedback is always welcome. If you are not happy with the Naturopathic services offered, we may offer to find another qualified Practitioner to help you. Whether you chose to accept this offer is your choice.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion. Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that: (a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; (b) access will be uninterrupted, error-free or free from viruses; or (c)    our Site will be secure.

DIsclaimer regarding Naturopathic services: By using this site, you further agree that the content is provided for informational purposes only and doesn’t constitute health advice and should not be used as a replacement for or used as medical or diagnostic advice. Rachel Laity is a Naturopath with a bachelor’s degree in health science. SHE IS NOT A MEDICAL DOCTOR or a GENERAL PRACTITIONER. She doesn’t practice medicine or diagnose or treat medical conditions. You read, use and act on our Site and the Content at your own risk. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Complaints: If you are not satisfied with our products or services, please contact us at 0480 518 722 or hello@kinshipwithnature.com.au We take complaints seriously and aim to resolve them quickly and fairly. If you remain dissatisfied with our response, you may contact the Health Complaints Commissioner (HCC). The HCC responds to complaints about health services and the handling of health information in Victoria. Their service is free, confidential and impartial. To lodge a complaint with the HCC: Fill out a complaint form online www.athcc.vic.gov.au or Phone 1300 582 113 between 9am and 5pm, Monday to Friday to discuss your complaint.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once, either online, or at a mutually agreed upon place in Melbourne, Victoria to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference or meeting, except the fact of the occurrence of the conference, will be privileged and confidential in nature. No party may make publicly disparaging statements about the other party or attempt to damage the other party’s business or reputation. If the dispute is unable to be resolved within 14 days, a mutually agreed upon impartial and independent mediator can be appointed to attempt to resolve the dispute over the telephone of via an online service. All costs for any dispute or mediation will be split equally. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Regardless of your country of residence or nationality, you irrevocably agree for dispute mediation to occur in Victoria, Australia and if the mediation resolution attempts fail, that the governing law of Victoria and the courts of Victoria, Australia and the Commonwealth of Australia will have exclusive jurisdiction over any legal proceedings or litigation. Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. For any questions and notices, please contact us at: Rachel Laity trading as Kinship with nature ABN 12 924 596 924 Email: info@kinshipwithnature.com.au Last update: 10/11/2023 Website Terms of Use provided by LegalVision.com.au