Purchasing from newlivingaustralia.com.au
Shopping with New Living Australia provides customers with a quick, easy and secure shopping experience. All products displayed on the New Living Australia website can be purchased using PayPal® (Refer PayPal® – Terms and Conditions). Customers can be confident that all of their details are protected by the latest security mechanisms and that those details are used only for purposes of the transaction fulfilment or as otherwise authorised by you or permitted by law.
Prior to making a purchase you will be asked to register for an account with newlivingaustralia.com.au. Apart from the many benefits, including receiving regular emails containing special offers, your shopping address details will be filed, saving you the effort of entering these details each time you make a purchase.
About these Terms and Conditions
These Terms and Conditions cannot be varied without our written consent. The current version will always be accessible via a link at the bottom of the New Living Australia website home page. We encourage you to read these Terms and Conditions, and contact us if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner. New Living Australia has the right to revise and amend these Terms and Conditions as required.
Changes to these Terms and Conditions
We reserve the right to amend or revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions each time you use the website and prior to placing an online order, as they may have changed since your last order. If you do not agree to any change, then you must stop using our website immediately.
New Living Australia is the owner of Intellectual Property (IP) rights in the material contained in the New Living Australia website and associated documentation. No permission is given in respect of the use of such IP, and such use may constitute an infringement of the owner’s rights.
Use of website
New Living Australia does not warrant or guarantee:
- the accuracy or completeness of any information available on the Website;
- that access to the Website will be uninterrupted or error free;
- that any defects will be corrected immediately; or
- that the Website will be free from viruses or other contamination.
Except where prohibited by law, New Living Australia will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.
To the extent permitted by law, any directors, employees and representatives of New Living Australia hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with:
- the use,
- inability to use, or
- the results of the use of:
- our website,
- any websites linked to it, and
- any materials posted on it.
- This liability exclusion includes, without limitation;
- any liability for loss of income or revenue,
- loss or interruption of business,
- loss of profits or contracts,
- loss of anticipated savings,
- loss of data,
- loss of goodwill,
- wasted management or office time, and
- for any other loss or damage of any kind,
- This liability exclusion also applies however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain Australian jurisdictions may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010, our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
- in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
- in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.
New Living Australia is the owner or the licensee of all Intellectual Property (IP) rights (including, without limitation, any trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.
Unless otherwise indicated, New Living Australia owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to New Living Australia. Except for viewing the content for your own personal non-commercial use, New Living Australia does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, the offending provision/s will be removed from these terms and conditions but such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect. Any failure by New Living Australia to act or enforce these Terms immediately will not be considered a waiver of New Living Australia right to take any such action.
Minors under the age of 18 years are prohibited from providing information, registering (for the sake of making purchases), making purchases, or providing feedback, on the New Living Australia website.
New Living Australia and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the New Living Australia website. This includes viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the information or materials available on the website, regardless of the type of claim or the nature of the cause of action.
New Living Australia uses social media to market its products and service, including without limitation:
- Online competitions and promotions;
- Blogs; and
- Other interactive features/applications, as determined by New Living Australia.
Where New Living Australia does utilise social media, we will provide clear information to you about intended use of the media, if it is moderated and what form of moderation is used (including whether it is human or technical). Full details of the terms and conditions relating to the use of New Living Australia’s social media channels and/or any comment or contribution to content to our website, is available in our Social Media Policy which can be found in the footer of our website.
You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
NEW LIVING AUSTRALIA WEBSITE
Use of the New Living Australia website
Your right to use the New Living Australia website is personal to you. You may not authorise others to use the website using your details or information, and you are responsible for all use of the website using your registered details. You may not download, modify, transmit, or otherwise use any material from this website for public or commercial purposes.
The website’s content, information and advice is free of charge (unless otherwise stipulated). However, you are responsible for your own network and connection charges.
Other than connecting to New Living Australia’s servers by HTTP requests using a web browser, you may not attempt to gain access to New Living Australia’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You agree not to disrupt, modify or interfere with the website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the website. You further agree not to alter or tamper with any information or materials on, or associated with, New Living Australia and/or the associated website.
You also accept, and agree to abide by, these Terms and Conditions (and associated policies) applicable to the use of the New Living Australia website.
These terms and conditions govern your use of the New Living Australia.com.au – the “website”
By using the New Living Australia website, you are accepting and agreeing to these terms. You must not use this Website if you do not agree with these terms.
New Living Australia will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly).
You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
Use of Website
When you access the website, you agree that you do so on the following conditions: You may only use the website and the Content on the website for personal purposes unless New Living Australia provides express written consent.
You must not (Prohibited Uses):
- Access or attempt to access any part of the website which is not designated for access by your password (where applicable)
- By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the website;
- Use the website or any Content in any way that is unlawful, fraudulent, illegal or breaches the rights of New Living Australia or any third party;
- Post, or transmit to the website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
- Do anything that imposes an unreasonable or disproportionately large load on the website, or interferes or disrupts the website or any network or other website connected to the Website;
- Breach the security of the website, test or scan the vulnerability of the website, or make any unauthorised modifications to the website;
- Interfere with any other persons use or enjoyment of the website;
- Use any viruses, robot, spider, scraping device, deep link, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, other harmful programs or similar computer code, any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content that is designed to adversely affect the operation of any computer software or hardware;
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
- Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
- Post or transmit any materials to the Website which is incorrect or misleading;
- Use the Website in any way that otherwise breaches these terms.
New Living Australia may refuse access or edit or delete material posted by you in contravention of these conditions.
Information and services at the site
New Living Australia will make updates to its website regularly and on an ongoing basis to reflect latest and best products available. We may make these changes at any time and will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention. New Living Australia makes no representation as to the accuracy, currency or completeness of any information or services at the website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.
All information and services at the website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, New Living Australia excludes all terms, conditions and representations express or implied.
New Living Australia reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site. If the need arises, we may suspend access to our website, or close it indefinitely.
Cookies may be used on some areas of our website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.
Viruses and Hacking
Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
Termination of Use (Website)
New Living Australia reserves the right in its absolute discretion at any time to take appropriate action (see below) regarding access to the New Living Australia website of any user, without notice for any reason, including but not limited to a breach of these Terms and Conditions. The suspension or termination shall not affect either party’s rights or liabilities.
New Living Australia may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms and Conditions, or is in breach of law or other regulation. New Living Australia reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.
New Living Australia reserves the right to take all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our website
- immediate, temporary or permanent removal of any posting or material uploaded by you to our website
- issue of a warning to you
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- further legal action against you
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate
When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of New Living Australia. You assume all risk and liability of your use of the website, the internet, or any such third-party networks, including access to the website via such media. New Living Australia recommends users review each website’s privacy statement before disclosing any personally identifiable information.
We endeavour to ensure that all the products on our website are accurately described and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website may contain errors. We reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products offered for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error.
This will be classified as a “change of mind” and returning items based on “a change of mind” will be at the expense of the customer.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.
On rare occasions we may run out of stock and our suppliers may not be able to deliver products to us, or the products delivered are not of sufficient quality or workmanship. In these cases, we reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
All prices and delivery charges on our site are in Australian dollars (AU$). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will honour the price on the website at time (date and time) when you placed the order.
Contracts for the purchase of products using the New Living Australia website, and any dispute or claim arising out of or in connection with your order(s) or their subject matter or formulation, will be governed by Australian law. Any such dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.
Promotional Codes are only applicable to cost of the product and are not applicable on shipping costs unless explicitly specified. Promotional codes are only valid for registered customers of New Living Australia and cannot be combined with any other promotional code. New Living Australia reserves the right to verify the validity of any order and may at its sole discretion cancel orders or refuse to fulfil orders where a promotional offer has been claimed by a non-qualifying customer or member. All purchases and deliveries are subject to New Living Australia’s Terms & Conditions. Additional conditions of use may apply to promotions (and the use of Promotional Codes) and will be communicated by New Living Australia at the time of issue.
If you have any queries regarding shopping with New Living Australia.com, visit us at:
New Living Australia
ABN 82 751 787 619
PO Box 5629,
Maroochydore QLD 4558
Phone: 61+ (07) 5452 6606