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By accessing this website it is assumed that you accept these terms and conditions. Do not continue to use healthbyinstinct.com.au if you do not agree to accept all of the terms and conditions.
This website is operated by Health by Instinct. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Health by Instinct. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. “Goods” refers to both goods and services including but not limited to food products and nutritional consultations.
Health by Instinct 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.
This Agreement shall begin on the date hereof.
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 and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
We employ the use of cookies. By accessing healthbyinstinct.com.au, you agreed to use cookies in agreement with the Health by Instinct’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not use our site for any illegal or unauthorised purpose or in the pursuit of illegal or unauthorised gains.
Unless otherwise stated, Health by Instinct and/or its licensors own the intellectual property rights for all material on healthbyinstinct.com.au. All intellectual property rights are reserved. You may access information from healthbyinstinct.com.au for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority.
All orders placed through this website are subject to confirmation and acceptance by Health by Instinct. All prices are in Australian dollars and include GST.
Delivery and Shipping
Health by Instinct or its agent will deliver the Goods you order to the address you specify in your order, within a reasonable time frame, subject to their availability. Where the goods are not currently available, you will be promptly notified of this by Health by Instinct and may be offered alternate, equivalent Goods if available.
Physical addresses only are acceptable for delivery. Please do not use PO box numbers as your delivery address.
Delivery costs for small items are automatically calculated and charged to your purchase. Any items marked as bulky or outside the usual size, will be charged accordingly to size, weight and destination.
Health by Instinct chooses to employ only industry-respected delivery agents, however, we will not be responsible for decisions, procedures, omissions or faults of these external agents. Delivery decisions, including but not limited to scheduling, is at the discretion of the approved delivery agents and Health by Instinct shall not be liable for any liability, damages or expenses caused and/or suffered as a result of delivery and receipt of Goods once the Goods leave the physical custody of Health by Instinct and its employees.
You must ensure suitable receipt of Goods. Anyone at the delivery address who receives the Goods will be presumed to be authorised to receive the Goods. If there is no-one at the delivery address or no-one of appropriate age to receive the order, additional delivery fees may be incurred. Once the Goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Please research thoroughly and make careful selections. Health by Instinct will not provide a refund if you:
Prices and Payment
All pricing of Goods is subject to change at anytime without notice, at the sole discretion of Health by Instinct.
For each online order, you must pay the applicable price for the relevant Goods confirmed by Health by Instinct and the delivery and handling fee specified on the web site at that time. Where prices or delivery costs have been misquoted or attributed, Health by Instinct may choose to cancel the order and request a new order be placed at the correct price.
At this stage, we can only accept payments using the methods offered in the Payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the Goods are dispatched.
Modifications to Goods and Prices
Prices for our Goods are subject to change without notice.
We reserve the right at any time to modify or discontinue Goods (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 Goods.
Cancellations and Limits on Supply
Health by Instinct may refuse, suspend or cancel your order at any time without prior notice.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Monies paid without receipt of goods will, upon cancellation of a purchase order, be returned as soon as possible according to the payment method employed to place the order.
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.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Goods may have limited quantities and/or periods of availability.
We reserve the right, but are not obligated, to limit the sales of our Goods 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 Goods that we offer. All descriptions or pricing of Goods are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Good at any time.
Product Representation
Health by Instinct aims to include up-to-date pictures and information of all of the Goods on this web site to fairly represent the product . We have made every effort to display the features of the item, but this may vary due to computer settings, individual perception, etc. and Health by Instinct shall not be liable for any liability, damages or expenses caused and/or suffered as a result of reasonably fair representation.
All descriptions of Goods are subject to change at anytime without notice, at the sole discretion of us. Please contact us if you want to check any features. We recommend you research and consider the Goods carefully before purchase.
Privacy
Health by Instinct will comply with Health by Instinct’s Privacy Statement. Health by Instinct will not reveal your personal information to external organisations except for the purposes of fulfilling your order.
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.
We have made arrangements for your order and credit card details to be protected. All personal and credit card information provided to Health by Instinct is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the internet.
You agree to take responsibility for the safekeeping of your email address. You are liable if your email address is used by an unauthorized person. You agree to release and indemnify Health by Instinct in connection with any use (whether authorize or unauthorized) of your email address.
Liability
Any liability of Health by Instinct in connection with Goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Health by Instinct be limited to the replacement of the Goods or the supply of equivalent Goods.
Changes to Terms and Conditions
Each order is governed by the terms and conditions current when the order is placed. Health by Instinct may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
Provision of Personal Information
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.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Goods, use of the Goods, or access to the Goods, without express written permission by us.
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.
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 and Conditions.
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.
Hyperlinking to our Content
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
The following organizations may link to our Website without prior written approval:
We may consider and approve other link requests.
Approved organizations may link to our home page so long as the link:
If you are interested in linking to our website, you must inform us by sending an e-mail to info@healthbyinstinct.com.au. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Any response remains at the discretion of Health by Instinct.
Approved organizations may hyperlink to our Website as follows:
No use of Health by Instinct’s logo or artwork will be allowed for linking absent to a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages or otherwise alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on another’s Website. You agree to protect and defend us against all claims arising due to your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend this linking policy at any time or revoke any existing linking permissions. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Health by Instinct does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Health by Instinct, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Health by Instinct shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Health by Instinct reserves the right to monitor all Comments and 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 and Conditions.
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 e-mail 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.
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 (collectively, ‘comments’), 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.
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.
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.
In addition to other prohibitions as set forth in the Terms and Conditions, 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.
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 {your company}, 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.
You agree to indemnify, defend and hold harmless Health by Instinct 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 attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, 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).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.
Questions and requests should be sent to us at info@healthbyinstinct.com.au.
These terms and conditions apply to purchases made on this web site from www.gaudions.com.au.
All orders placed through this website are subject to confirmation and acceptance by Gaudion Furniture. All prices are in Australian dollars and include GST.
Gaudion Furniture or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available, you will be notified of this by Gaudion Furniture as quickly as possible. Anyone at the delivery address who receives the goods will be presumed by Gaudion Furniture to be authorised to receive the goods. You must ensure that a person over that age is available to accept delivery of the goods. If there is no-one at the delivery address or no-one of appropriate age to receive the order, Gaudion Furniture may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Delivery and Shipping
Delivery costs for small items are automatically calculated and charged to your account. Any items marked as bulky or outside the guidelines, will be charged accordingly to size, weight and destination. These deliveries will be made Monday to Friday.
For each online order, you must pay: the applicable price for the relevant goods confirmed by Gaudion Furniture; a message card if desired; and the delivery and handling fee specified on the web site at that time.
Your order and credit card details are safe and secure. All personal and credit card information provided to Gaudion Furniture is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the internet.
At this stage, we can only accept payments using the methods stated in the Orders and Payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched. Prices and range on this web site may vary from Gaudion Furniture commercial sales pricing.
You agree to take responsibility for the safekeeping of your email address. You are liable if your email address is used by an unauthorized person. You agree to release and indemnify Gaudion Furniture in connection with any use (whether authorize or unauthorized) of your email address. Gaudion Furniture may suspend or cancel your account at any time without prior notice.
Gaudion Furniture aims to include up-to-date pictures of all of the goods on this web site. We have made every effort to display the true colour of the item, but this may vary due to computer settings, etc. Please contact us if you want to check colour. We recommend you read the labels on the goods carefully before using the goods.
Gaudion Furniture will comply with Gaudion Furniture’s Privacy Statement. Gaudion Furniture will not reveal your personal information to external organisations except for the purposes of fulfilling your order.
Any liability of Gaudion Furniture in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Gaudion Furniture be limited to:
Each order is governed by the terms and conditions current when the order is placed. Gaudion Furniture may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
All purchases under this web site and these terms and conditions are subject to the laws of New South Wales, Australia.
Payment is expected upon collection or in advance of delivery. Identification may be requested when collecting goods. Payment details shall be finalized prior to dispatch unless you have an approved account. Please do not use PO box numbers as your delivery address.
Telegraphic transfer*
If you wish to make a direct payment please contact us
telephone 03 9939 1967 or info@gaudions.com.au.
*Direct deposits, bank drafts and EFT payments must be cleared funds in our bank account before we will dispatch/release goods.
When placing an order with us, where we are to deliver goods to you, we require a physical street address. To assist us in processing your order, please provide your land-line phone number. Delivery is via courier and cannot be to a post office box. Please note that an authorized signatory needs to be at the delivery address to sign for and collect the goods.
Designed around 6months of healing, we will work together to restore and repair your gut while you learn lifelong habits to maintain a harmonious gut into the future.