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Terms and Conditions

OVERVIEW

This website is operated by Nurturing Well Lactation Support. Throughout

the site, the terms “we”, “us” and “our” refer to Nurturing Well Lactation

Support. Nurturing Well Lactation Support offers this website, including all

information, tools, and services available from this site to you, the user,

conditioned upon your acceptance of all terms, conditions, policies and

notices stated here.

By visiting our site and/or purchasing something from us, you engage in

our “Service” and agree to be bound by the following terms and conditions

(“Terms of Service”, “Terms”), including those additional terms and

conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without

limitation users who are browsers, vendors, customers, merchants, and/ or

contributors of content.

Please read these Terms of Service carefully before accessing or using

our website. By accessing or using any part of the site, you agree to be

bound by these Terms of Service. If you do not agree to all the terms and

conditions of this agreement, then you may not access the website or use

any services. If these Terms of Service are considered an offer,

acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also

be subject to the Terms of Service. You can review the most current

version of the Terms of Service at any time on this page. We reserve the

right to update, change or replace any part of these Terms of Service by

posting updates and/or changes to our website. It is your responsibility to

check this page periodically for changes. Your continued use of or access

to the website following the posting of any changes constitutes

acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least

the age of majority in your state or province of residence, or that you are

the age of majority in your state or province of residence and you have

given us your consent to allow any of your minor dependents to use this

site.


You may not use our products for any illegal or unauthorized purpose nor

may you, in the use of the Service, violate any laws in your jurisdiction

(including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive

nature.

A breach or violation of any of the Terms will result in an immediate

termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any

time.

You understand that your content (not including credit card information),

may be transferred unencrypted and involve (a) transmissions over

various networks; and (b) changes to conform and adapt to technical

requirements of connecting networks or devices. Credit card information is

always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any

portion of the Service, use of the Service, or access to the Service or any

contact on the website through which the service is provided, without

express written permission by us.

The headings used in this agreement are included for convenience only

and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF

INFORMATION

We are not responsible if information made available on this site is not

accurate, complete, or current. The material on this site is provided for

general information only and should not be relied upon or used as the sole

basis for making decisions without consulting primary, more accurate,

more complete, or more timely sources of information. Any reliance on the

material on this site is at your own risk.


This site may contain certain historical information. Historical information,

necessarily, is not current and is provided for your reference only. We

reserve the right to modify the contents of this site at any time, but we

have no obligation to update any information on our site. You agree that it

is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or

any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification,

price change, suspension, or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through

the website. These products or services may have limited quantities and

are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the

colours and images of our products that appear at the store. We cannot

guarantee that your computer monitors display of any colour will be

accurate.

We reserve the right, but are not obligated, to limit the sales of our

products or Services to any person, geographic region, or jurisdiction. We

may exercise this right on a case-by-case basis. We reserve the right to

limit the quantities of any products or services that we offer. All

descriptions of products or product pricing are subject to change at any

time without notice, at the sole discretion of us. We reserve the right to

discontinue any product at any time. Any offer for any product or service

made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information,

or other material purchased or obtained by you will meet your

expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our

sole discretion, limit or cancel quantities purchased per person, per

household or per order. These restrictions may include orders placed by

or under the same customer account, the same credit card, and/or orders

that use the same billing and/or shipping address. In the event that we

make a change to or cancel an order, we may attempt to notify you by

contacting the email and/or billing address/phone number provided at the

time the order was made. We reserve the right to limit or prohibit orders

that, in our sole judgment, appear to be placed by dealers, resellers or

distributors.


You agree to provide current, complete, and accurate purchase and

account information for all purchases made at our store. You agree to

promptly update your account and other information, including your email

address and credit card numbers and expiration dates, so that we can

complete your transactions and contact you as needed.


For more detail, please review our Refund Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither

monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is”

and “as available” without any warranties, representations, or conditions of

any kind and without any endorsement. We shall have no liability

whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your

own risk and discretion and you should ensure that you are familiar with

and approve of the terms on which tools are provided by the relevant third-

party provider(s).

We may also, in the future, offer new services and/or features through the

website (including, the release of new tools and resources). Such new

features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may

include materials from third parties.

Third-party links on this site may direct you to third-party websites that are

not affiliated with us. We are not responsible for examining or evaluating

the content or accuracy and we do not warrant and will not have any

liability or responsibility for any third-party materials or websites, or for any

other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use

of goods, services, resources, content, or any other transactions made in

connection with any third-party websites. Please review carefully the third-

party's policies and practices and make sure you understand them before

you engage in any transaction. Complaints, claims, concerns, or questions

regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER

SUBMISSIONS

If, at our request, you send certain specific submissions (for example

contest entries) or without a request from us you send creative ideas,

suggestions, proposals, plans, or other materials, whether online, by

email, by postal mail, or otherwise, you agree

that we may, at any time, without restriction, edit, copy, publish, distribute,

translate and otherwise use in any medium any comments that you

forward to us. We are and shall be under no obligation (1) to maintain any

comments in confidence; (2) to pay compensation for any comments; or

(3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that

we determine in our sole discretion are unlawful, offensive, threatening,

libellous, defamatory, pornographic, obscene or otherwise objectionable or

violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party,

including copyright, trademark, privacy, personality or other personal or

proprietary right. You further agree that your comments will not contain

libellous or otherwise unlawful, abusive or obscene material, or contain

any computer virus or other malware that could in any way affect the

operation of the Service or any related website. You may not use a false

email address, pretend to be someone other than yourself, or otherwise

mislead us or third parties as to the origin of any comments. You are

solely responsible for any comments you make and their accuracy. We

take no responsibility and assume no liability for any comments posted by

you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by

our Privacy Policy. 


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that

contains typographical errors, inaccuracies or omissions that may relate to

product descriptions, pricing, promotions, offers, product shipping

charges, transit times and availability. We reserve the right to correct any

errors, inaccuracies or omissions, and to change or update information or

cancel orders if any information in the Service or on any related website is

inaccurate at any time without prior notice (including after you have

submitted your order).

We undertake no obligation to update, amend or clarify information in the

Service or on any related website, including without limitation, pricing

information, except as required by law. No specified update or refresh

date applied in the Service or on any related website, should be taken to

indicate that all information in the Service or on any related website has

been modified or updated.

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you

are prohibited from using the site or its content: (a) for any unlawful

purpose; (b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations,

rules, laws, or local ordinances; (d) to infringe upon or violate our

intellectual property rights or the intellectual property rights of others; (e)

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or

discriminate based on gender, sexual orientation, religion, ethnicity, race,

age, national origin, or disability; (f) to submit false or misleading

information; (g) to upload or transmit viruses or any other type of malicious

code that will or may be used in any way that will affect the functionality or

operation of the Service or of any related website, other websites, or the

Internet; (h) to collect or track the personal information of others; (i) to

spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene

or immoral purpose; or (k) to interfere with or circumvent the security

features of the Service or any related website, other websites, or the

Internet. We reserve the right to terminate your use of the Service or any

related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF

LIABILITY

We do not guarantee, represent, or warrant that your use of our service

will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of

the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite

periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at

your sole risk. The service and all products and services delivered to you

through the service are (except as expressly stated by us) provided as is

and as available for your use, without any representation, warranties or

conditions of any kind, either express or implied, including all implied

warranties or conditions of merchantability, merchantable quality, fitness

for a particular purpose, durability, title, and non-infringement.

In no case shall Nurturing Well Lactation Support, our directors, officers,

employees, affiliates, agents, contractors, interns, suppliers, service

providers or licensors be liable for any injury, loss, claim, or any direct,

indirect, incidental, punitive, special, or consequential damages of any

kind, including, without limitation lost profits, lost revenue, lost savings,

loss of data, replacement costs, or any similar damages, whether based in

contract, tort (including negligence), strict liability or otherwise, arising

from your use of any of the service or any products procured using the

service, or for any other claim related in any way to your use of the service

or any product, including, but not limited to, any errors or omissions in any

content, or any loss or damage of any kind incurred as a result of the use

of the service or any content (or product) posted, transmitted, or otherwise

made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the

limitation of liability for consequential or incidental damages, in such

states or jurisdictions, our liability shall be limited to the maximum extent

permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nurturing Well

Lactation Support and our parent, subsidiaries, affiliates, partners,

officers, directors, agents, contractors, licensors, service providers,

subcontractors, suppliers, interns and employees, harmless from any

claim or demand, including reasonable lawyer’s fees, made by any third-

party due to or arising out of your breach of these Terms of Service or the

documents they incorporate by reference, or your violation of any law or

the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to

be unlawful, void or unenforceable, such provision shall nonetheless be

enforceable to the fullest extent permitted by applicable law, and the

unenforceable portion shall be deemed to be severed from these Terms of


Service, such determination shall not affect the validity and enforceability

of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the

termination date shall survive the termination of this agreement for all

purposes.

These Terms of Service are effective unless and until terminated by either

you or us. You may terminate these Terms of Service at any time by

notifying us that you no longer wish to use our Services, or when you

cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to

comply with any term or provision of these Terms of Service, we also may

terminate this agreement at any time without notice and you will remain

liable for all amounts due up to and including the date of termination;

and/or accordingly may deny you access to our Services (or any part

thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these

Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us

on this site or in respect to The Service constitutes the entire agreement

and understanding between you and us and govern your use of the

Service, superseding any prior or contemporaneous agreements,

communications and proposals, whether oral or written, between you and

us (including, but not limited to, any prior versions of the Terms of

Service).

Any ambiguities in the interpretation of these Terms of Service shall not be

construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we

provide you Services shall be governed by and construed in accordance

with the laws of Nurturing Well Lactation Support, 15 Annangrove Rd

Kenthurst NSW 2156, Australia.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any

time at this page.

We reserve the right, at our sole discretion, to update, change or replace

any part of these Terms of Service by posting updates and changes to our

website. It is your responsibility to check our website periodically for

changes. Your continued use of or access to our website or the Service

following the posting of any changes to these Terms of Service constitutes

acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our Contact

Form.

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