Website Terms of Service

1. General

Access to and use of the Nurture Our Nature (ABN 41369893254) (“Nurture Our Nature”) website located at the domain tamborinemountainwalks.com (the “Website”) and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service“).

By accessing, browsing or using the Website or the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.

Any reference to “we” and “us” in the Terms of Service is a reference to Nurture Our Nature, and “our” has a similar meaning.

We may change these Terms of Service at our discretion at any time without notice. Your use of this Website after any such changes constitutes your acceptance and agreement to comply with and be bound by the amended Terms of Service. We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates or changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

These Terms of Service do not derogate from, and are subject to the Privacy Policy (save in so far as the Privacy Policy is incorporated into these Terms of Service by clause 10 hereof).

2. Access

You must only use the Website in accordance with these Terms of Service and any Applicable Law.

You represent and warrant that you have full power, authority, and legal capacity to agree to these Terms of Service.

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website.

All information that you provide in connection with any interaction with the Website must be accurate, complete, and current.

You must not (and must not attempt to):

• interfere with or disrupt the Website or the servers or networks that host the Website;
• interfere with security-related or other features of the Website; or
• restrict, inhibit or interfere with any other user’s use or enjoyment of the Website; or
• use the Website to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious code or software, or is otherwise offensive, illegal, objectionable or contains such content or material.

3. Intellectual Property and Copyright

The Website, and all the content or material on the Website, are subject to copyright, trade marks and other Intellectual Property Rights.

The Intellectual Property Rights in all code, software and content or material, including the Nurture Our Nature brand and all other trade marks, trade names and logos made available to you on or through this Website, remain the property of Nurture Our Nature or its licensors.

Except as permitted under these Terms of Service and the Copyright Act 1968 (Cth), you are not permitted to copy, publish, republish, manipulate, distribute, frame, publicly display or otherwise reproduce any of the information, content or material, or copies of the information, content or material, on this Website without our prior and express written permission.

4. Information for personal, non-commercial use only

You agree that the information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial, parodical or satirical purposes. You may download, store, print and display material from this Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may not modify, enhance, transform, copy, reproduce, republish, upload, post, transmit or distribute in any way any content or material from this Website, including its code and software. You must not use this Website for any purpose that is unlawful, harmful, malicious or otherwise prohibited by these Terms of Service.

You may not use data mining, robots, artificial intelligence or machine learning, screen scraping or similar data gathering and extraction tools on this Website (including, without limitation, for the purposes of establishing, maintaining, advancing or reproducing information contained on, by way of, or in respect of our Website in any other publications or websites), except with our prior written consent. Search engines, such as Google, Bing or Yahoo, are exempt from this prohibition and may extract data from our Website for their indexing and functional purposes.

5. Linking to third party websites

This Website may contain links to websites of third parties.

You understand and agree that to the maximum extent permitted by law we take no responsibility for any act, matter or thing provided on or by any third party linked websites (or the content or material of such websites generally), or for any Loss whatsoever that may arise from your use of those links or third-party websites.

6. Services information

Whilst all reasonable efforts have been made to accurately describe the services on the Website, we do not warrant that the services descriptions or other content or material of this Website are complete, reliable, current, safe, or error-free.

Unless otherwise stated, the prices displayed on the Website are quoted in Australian Dollars.

7. Disclaimer and liability

You may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), including consumer guarantees that the services (and any products) offered by Nurture Our Nature will be of acceptable quality and fit for the purpose.  These Terms of Service do not exclude or limit these guarantees or any other statutory rights that you may have under Applicable Laws.

Further to clause 9 of these Terms of Service, You acknowledge and agree that, to the extent permitted by law, Nurture Our Nature does not represent, warrant or accept any Liability in relation to:

• the standard, quality or fitness for purpose of any products or services offered on the Website;
• the accuracy, currency, reliability, security, safety or quality of the content of the Website;
• any errors, omissions or faults in the Website including any failure of performance, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure or unlawful third party conduct;
• the unavailability of the Website in whole or in part because of the failure of the internet and electronic communications network or any circumstance beyond the reasonable control of the Nurture Our Nature; or
• any data or information you submit or upload to the Website in order to access the Website or place any Orders.

Nurture Our Nature does not warrant or guarantee that the Website will be free from viruses or any other defects or errors which may affect your operating systems.

All products purchased from the Website are intended for personal, non-commercial use only.  To the maximum extent permissible by law, we do not accept any liability for Indirect Loss. 

8. Indemnity

You agree to indemnify and hold the Nurture Our Nature and its officers, directors, employees and agents harmless from any and all Claims, proceedings, Losses, Liabilities, costs or other expenses (including legal costs) suffered or incurred by the Nurture Our Nature arising out of or in connection with (whether directly or indirectly):

• your breach of any of these Terms of Service;
• your breach of an Applicable Law in connection your use or access of the Website; or
• your breach of the rights of any third party.

9. Participation in a Session

You are participating in a Session at your own risk and especially where a Session involves physical activity (for example, a lengthy walk):

• You acknowledge that participating in a Session may involve a risk of physical or mental injury or death;
• You are responsible for ensuring that You are adequately and appropriately prepared both physically and mentally to complete your Session.;
• You are required to declare your medical history during registration and advise Nurture our Nature before your Session of any medical conditions (both physical and mental) that may impact your ability to participate in the Session.

You consent to receiving any emergency medical treatment that we consider appropriate during or after any Session, having regard to division 7, section 26 of the Civil Liability Act 2003 (QLD).

You acknowledge you have sole responsibility for your personal possessions prior to, during and after a Session.

By agreeing to the Terms of Service you acknowledge that we are not health practitioners within the meaning of Health Practitioner Regulation National Law Act 2009 (QLD) or otherwise.

By agreeing to the Terms of Services you expressly consent to the collection of your personal and sensitive information (including health information) prior to the Session.

We ensure that any such personal or sensitive information is held, used and disclosed consistently with Nurture Our Nature’s Privacy Policy [insert link] and the Privacy Act 1988 (Cth).

10. Privacy

These Terms of Service incorporate our Privacy Policy, which can be found here [insert link].

You acknowledge that the Nurture Our Nature collects and uses information which you provide to us through your use of the Website.

By accessing the Website, you consent to the Nurture Our Nature collecting and using your Personal Information for the purpose of offering products and fulfilling orders for products.  

The Privacy Policy contains further information about how the Nurture Our Nature may handle your Personal Information, including:

• the circumstances in which the Nurture Our Nature may disclose your Personal Information to third parties;
• how you can access and correct Personal Information the Nurture Our Nature holds about you; and
• how you can submit a privacy complaint to the Nurture Our Nature and how we will deal with your complaint.

If you have any concerns or complaints about the manner in which your Personal Information has been collected or handled by the Nurture Our Nature, please contact our Privacy Officer via email at tamborinemountainwalks@gmail.com.

11. Other Provisions

Governing law

These Terms of Service are to be governed by and construed in accordance with the laws of Western Australia. 

In the event of any dispute or claim (including Claims) associated with these Terms of Service, the parties submit themselves to the non-exclusive jurisdiction of the Courts of Western Australia.

Notice

Nurture Our Nature may give you notice of any matter in connection with these Terms of Service by text message, email or by other forms of communication to the addresses provided by you on the Website.

You may give notice to the Nurture Our Nature of a matter in connection with these Terms of Service by email to tamborinemountainwalks@gmail.com.

Waiver

No failure, delay or omission by the Nurture Our Nature in exercising any of its rights, powers or remedies provided under these Terms of Service or by law will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right or remedy.

Severability

If any part of these Terms of Service is or becomes illegal, void or unenforceable, this does not invalidate the rest of the Terms of Service which are self-sustaining and capable of separate enforcement.

Variation

The Nurture Our Nature shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, these Website Terms of Service, and/or any page of this Website. Your ongoing use of the Website constitutes your consent to any such amendment, removal or variation.

Complaints

We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please contact us at tamborinemountainwalks@gmail.com if you have any complaints or comments.

If you identify any content or material which you believe we do not have a right to use, then please let us know by way of tamborinemountainwalks@gmail.com and we will promptly address any issue.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Nurture Our Nature. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Nurture Our Nature.

12. Termination

These Terms of Service are effective until terminated by the Nurture Our Nature we may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms of Service will survive.

13. Definitions

Applicable Law means all laws, regulations, codes or applicable rules (whether statutory or at common law) relating to your access and use of the Website.

Claim means any loss (including Loss), damage, claim, expense or demand of any kind, whether in contract, at common law, in equity or pursuant to any statute or law.

Indirect Loss means any loss of revenue, loss of profit or anticipated profit, loss of business reputation, loss of opportunities, consequential loss, loss of anticipated savings or wasted overheads and any other economic loss or indirect loss.

Intellectual Property or Intellectual Property Rights means all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, confidential information and trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable including all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights.

Liabilities means any and all liabilities, losses, damages, outgoings, costs and expenses of whatever description.

Loss means any damage, loss (including Indirect Loss), cost, expense or liability (including Liabilities) incurred by a person (including personal injury, sickness, death, property loss or damage), or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Privacy Policy means the document located at [insert address] as may be modified from time to time.

Services has the meaning in Clause 1 of these Terms of Service.

Session means any of the services provided by Nurture Our Nature, including, but not limited to, therapy sessions, walks, mediation, light exercise and nature-based activities.

You means any user of the Website, whether an individual person or an entity.

14. Interpretation

In these Terms of Service, unless the context otherwise requires:

• the singular includes the plural and vice versa;
• a reference to a clause is to a clause of these Terms of Service;
• a reference to any party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
• no provision of these Terms of Service will be construed adversely to us solely on the ground that we were responsible for the preparation of these Terms of Service or that provision;
• a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;
• an expression importing a natural person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency; and
• where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.