Jaclyn Harris Website Terms and Conditions of Use
About the Website
1.1. Welcome to www.jaclynharris.com(the 'Website'). The Website provides you with an opportunity to browse and purchase online courses (the ‘Courses’), physical products (Physical Products) and Eproducts (Eproducts) (collectively the‘Products’), download free resources as well as book services (Services) that have been listed on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2.The Website is operated by Optimal Health and Fertility Pty Ltd (ACN: 655 881 539) t/as Jaclyn Harris (‘Jaclyn Harris’). Access to and use of the Website, or any of its associated Products and Services are provided by Optimal Health and Fertility Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsingand/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Jaclyn Harris and Optimal Health and Fertility Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Jaclyn Harris updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Jaclyn Harris or Optimal Health and Fertility Pty Ltd in the user interface.
Bookings and Cancellations for Services
3.1. Jaclyn Harris and Optimal Health Fertility Pty Ltd requires all initial bookings for the Services to be made via the booking system provided (the ‘Booking System’).
3.2.If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and otherrelevant legal documentation provided by the Booking System.
3.3.At the time of making thebooking for the Services via the Booking System, you will be required to make payment of the purchase price (Purchase Price) via Stripe o rother payment method as advised from time to time.
3.4.Follow up bookings for the Services can be made via the Booking System,email or at the end of your telehealth appointment.
3.5.Once you have made a booking via email or at the end of your telehealth appointment, you will be sent an invoice which must be paid within 24 hoursof receipt of the invoice via bank transfer, credit/debit card via or Stripe.
3.6.In the event that any payment is not made in full on the due date, Optimal Health and Fertility Pty Ltd is entitled to charge you interest at the rate of 5% per annum, calculated daily. Any outstanding invoices at the 7 day mark will also incur an $30 administration fee.
3.7.You agree that if you default on any payments due and payable under these Terms, any costs incurred by Jaclyn Harris and Optimal Health and Fertility Pty Ltd for steps taken to enforce payment terms will be recoverable and payable by you.
3.8.If a follow up booking is made at the end of your telehealth appointment and payment is not made within 24 hoursof receipt of the invoice, Optimal Health and Fertility Pty Ltd reserves the right to cancel your booking.
3.9.You must notify Jaclyn Harris and Optimal Health and Fertility Pty Ltd of an intention to cancel the Services as soon as practicable through e-mail to info@naturalfertility.com and abide by the following (‘Cancellation Policy’).
3.10.Jaclyn Harris and Optimal Health and Fertility Pty Ltd understands that things change, and therefore if you need to make a request to alter your booking time you agree to provide at least 2 business days’ notice. The paid Purchase Price will be transferred to your rescheduled booking or held in credit for the next booking you make. At this time if you want to cancel and not reschedule your booking, Optimal Health and Fertility Pty Ltd will refund the paid Purchase Price to you less a $30 admin fee.
3.11.Unfortunately, if you have to make changes or cancel within2 business days of your booking time or fail to attend your appointment, you will forfeit the booking, and the Purchase Price involved, and no credit or refund will be given.
3.12.If you are more than 10 minutes late for your appointment, Jaclyn Harris and Optimal Health and Fertility Pty Ltd reserves the right to cancel your appointment and you will forfeit the Purchase Price involved and no credit or refund will be given.
Purchase of Products (Eproducts, Course, Physical Products)
4.1.In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.
4.2.Payment of the Purchase Price may be made through debit card and credit card through the available payment provider(the 'Payment Gateway Providers').
4.3.In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, PrivacyPolicy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4.Following payment of the Purchase Price being confirmed by Jaclyn Harris and Optimal Health and Fertility Pty Ptd, you will be issued with a receipt to confirm that the payment has been received and Optimal Health and Fertility Pty Ltd may record your purchase details for future use.
4.5.You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.6.Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goodsand Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
Refunds and Returns
5.1.Courses
(a)You must notify Jaclyn Harris of an intention to cancel your involvement in a Course as soon as practicable through e-mail to jaclyn@jaclynharris.com and abide by the following (‘Cancellation Policy’).
(b)The Courses are non-refundable. This means that if you wish to terminate a Course early, all unpaid amounts of the Purchase Price are non-refundable.
(c)For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate a Course early, Jaclyn Harris and Optimal Health and Fertility Pty Ltd reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course willbe revoked.
(d)In the event that any payment is not made in full on the due date,
(e)You agree that if you default on any payments due and payable under these Terms, any costs incurred by Jaclyn Harris and Optimal Health and Fertility Pty Ltd for steps taken to enforce payment terms will be recoverable and payable by you.
(f)Natural Fertility Co will only provide you with a refund of the Purchase Price in the event that Jaclyn Harris and Optimal Health and Fertility Pty Ltd is unable to continue to provide the Course (the 'Refund').
5.2.Physical Products and E products
Jaclyn Harris and Optimal Health and Fertility Pty Ltd does not provide change of mind refunds. Please keep this in mind when making a purchase.Jaclyn Harris and Optimal Health and Fertility Pty Ltd
is entitled to charge you interest at the rate of 5% per annum, calculated daily.
Course Delivery and Licence Information
6.1.Each purchase of a Course grants to you access to the program through the platform provided (the ‘MembershipPortal’).
6.2.When you purchase a Course, Jaclyn Harris and Optimal Health and Fertility Pty Ltd grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the‘Licence’).
6.3.The Licence is valid for the term of the Course only (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. Afterthis time the Course will expire, and you will no longer be able to access the Course.
6.4.The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
Delivery of Physical Products
7.1.You acknowledge that the Purchase Services offered by Jaclyn Harris and Optimal Health and Fertility Pty Ltd integrate delivery (the 'Delivery Services') through the use of third party delivery companies(the 'Delivery Service Providers').
7.2.In providing the Purchase Services, Jaclyn Harris and Optimal Health and Fertility Pty Ltd may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Jaclyn Harris and Optimal Health and Fertility Pty Ltd is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3.In the event that an item is lost or damaged in the course of the Delivery Services, Jaclyn Harris and Optimal Health and Fertility Pty Ltd asks that you:(a)contact the Delivery Service Provider directly within 7 days to request a refund;and (b) contact Jaclyn Harris and Optimal Health and Fertility Pty Ltd within 7 days by sending an email to jaclyn@jaclynharris.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
.Delivery of Eproducts
8.1.Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact jaclyn@jaclynharris.com.
8.2.Jaclyn Harris and Optimal Health and Fertility Pty Ltd will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
Warranty
9.1.Physical Products/Eproducts
(a)Jaclyn Harris and Optimal Health and Fertility Pty Ltd come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to where the productis significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
(b)If you have received a Physical Product or Eproduct that you believe is faulty or defective, please contact jaclyn@jaclynharris.com with photographic proof.
9.2.Course and Services
(a)Jaclyn Harris and Optimal Health and Fertility Pty Ltd will use its best efforts and take all reasonable steps to hel pyou achieve your desired results. However, Jaclyn Harris and Optimal Health and Fertility Pty Ltd makes no warranty that the Courses and Services will meet your requirements or that all clients will achieve the same results.
(b)The services do come with guarantees that cannot be excluded under theAustralian Consumer Law. For major failures with the service, you are entitled to cancel these Terms, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
ProductsDisclaimer
10.1 Jaclyn Harris and Optimal Health and Fertility Pty Ltd makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products. Jaclyn Harris and Optimal Health and Fertility Pty Ltd does not guarantee specific resultsor experiences through the use of the Products. You agree that when you purchase a Product/s, individual results from using the Product/s may vary.
10.2 All Products should be used in accordance with the directions and cautions provided on the Products. Any information provided to you by Jaclyn Harris and Optimal Health and Fertility Pty Ltd regarding theuse of any Product is for educational purposes only. It is your sole responsibility t odetermine the appropriateness of the Products for any particular use or purpose.
10.3 You agree that when you purchase a Product, including participation in a Course, you are solely responsible for creating and implementing your own physical, mentaland emotional well-being, decisions, choices, actions and results arising out of or resulting from Jaclyn Harris and Optimal Health and Fertility Pty Ltd’s relationship with you, its educational materials and interactions with you. As such, you agree that Jaclyn Harris and Optimal Health and Fertility Pty Ltd is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
10.4 You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Products are not to be used as a substitute for counselling and mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
10.5 You agree to release and discharge Jaclyn Harris, Optimal Health and Fertility Pty Ltd and other business trading underneath Optimal Health and Fertility from and against all claim arising out of or in connection with provision of the Products and any information provided relating to the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Product from Natural Fertility Co.
Services Disclaimer
11.1 You agree that when you purchase the Services, you are solely responsible forcreating and implementing your own physical, mental and emotional well-being,decisions, choices, actions and results arising out of or resulting from Jaclyn Harris and Optimal Health and Fertility Pty Ltd’s relationship with you, its educational materials and interactions with you. As such, you agree that Jaclyn Harris and Optimal Health and Fertility Pty Ltd and any other businesses trading under Optimal Health and Fertility is not and will not be liable or responsible forany actions or inaction, or for any direct or indirect result of any Services it provides.
11.2 You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
11.3 You agree to release and discharge Jaclyn Harris and Optimal Health and Fertility Pty Ltd and any other businesses trading under Optimal Health and Fertility Pty Ltd from and against all claim sarising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Jaclyn Harris and Optimal Health and Fertility Pty Ltd and any other business trading under Optimal Health and Fertility Pty Ltd.
Information Disclaimer
12.1.Jaclyn Harris and Optimal Health and Fertility Pty Ltd does not guarantee specific results or experiences through the useof the Products. Any information, advice, content or documentation provided through the Products, including in any Eproducts, free resources, in the blog, on the Website or on any other related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
12.2.All care is taken in the preparation of the information and published materials including in the Products ,free resources, in the associated blog, on the Website or on any othe rrelated platform. Jaclyn Harris and Optimal Health and Fertility Pty Ltd does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
12.3.To the extent permissible by law, Jaclyn Harris and Optimal Health and Fertility Pty Ltd will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Products, free resources, associated blog, on the Website or on any other related platform.
Code of Conduct
13.1.Jaclyn Harris and Optimal Health and Fertility Pty Ltd will maintain standards established by theAustralian Traditional Medicine Society, which can be found here:https://www.atms.com.au/about-us/code-of-conduct/.
Copyright and Intellectual Property
14.1.You acknowledge that the Website, the Purchase Services, the Course content, Jaclyn Harris and Optimal Health and Fertility Pty Ltd’, or any business trading under Optimal Health and Fetility Pty Ltd’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Jaclyn Harris and Optimal Health and Fertility Pty Ltd or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other relatedplatform (‘theContent’).
14.2.You hereby indemnify and agrees to keep indemnified Jaclyn Harris and Optimal Health and Fertility Pty Ltd against all liability, losses or expenses incurred by Jaclyn Harris and Optimal Health and Fertility Pty Ltd in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Jaclyn Harris and Optimal Health and Fertility Pty Ltd or any third party by you or your agents.
14.3.You may not, without the prior written permission of Jaclyn Harris or Optimal Health and Fertility Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a thirdparty, transmit, post, distribute, show or play inpublic, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend t omaterials on the Website, which are freely available for re-use or are in the publicdomain.
14.4.For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Jaclyn Harris and Optimal Health and Fertility Pty Ltd, Jaclyn Harris and Optimal Health and Fertility Pty Ltd grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
Privacy
Jaclyn Harris and Optimal Health and Fertility Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to the Jaclyn Harris and Optimal Health and Fertility Pty Ltd Privacy Policy.
General Disclaimer
16.1 You acknowledge that Jaclyn Harris and Optimal Health and Fertility Pty Ltd does not make any terms, guarantees,warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.
16.2 Nothing in these Terms limits or excludes any guarantees, warranties ,representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
16.3 Subject to this clause, and to the extent permitted by law:
(a)all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b)Jaclyn Harris and Optimal Health and Fertility Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit oropportunity, or damage to goodwill arising out of or in connection with thePurchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply ofthe Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant tostatute or otherwise.
16.4Use of the Website, the Purchase Services, and any of the Products and Services ofNatural Fertility Co is at your own risk. Everything on the Website, the Purchase Services, and the Products of Jaclyn Harris and Optimal Health and Fertility Pty Ltd, are provided to you on an "as is"and "as available" basis, without warranty or condition of any kind. None of theaffiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Jaclyn Harris and Optimal Health and Fertility Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Jaclyn Harris and Optimal Health and Fertility Pty Ltd) referred to onthe Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c)costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(d)the Content or operation in respect to links which are provided for your convenience;
(e)any failure to complete a transaction, or any loss arising from e-commercetransacted on the Website; or
(f)any defamatory, threatening, offensive or unlawful conduct of third parties orpublication of any materials relating to or constituting such conduct.
User Generated Content
17.1.If you choose to contribute any content to the Website or any other platform operated by Jaclyn Harris and Optimal Health and Fertility Pty Ltd you are solely responsible for it. This includes comments ,reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information(‘Your Content’).
17.2.By contributing content to the Website, you grant Jaclyn Harris and and any business trading under Optimal Health and Fertility Pty Ltd a royalty-free,non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Jaclyn Harris and Optimal Health and Fertility Pty Ltd.
17.3.Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Natural Fertility Co can use that information with Your Content foradvertising and promotional purposes, or any other business purpose
17.4.You confirm you own or have the right to use any copyright material included in Your Content (including replies to Jaclyn Harris and Optimal Health and Fertility Pty Ltd social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-partyrights by submitting the content to Jaclyn Harris and Optimal Health and Fertility Pty Ltd. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
17.5. Please ensure you keep your own copies of Your Content as Jaclyn Harris and Optimal Health and Fertility Pty Ltd may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
17.6.Jaclyn Harris and Optimal Health and Fertility Pty Ltd will endeavour to provide you with an appropriate credit when using Your Content on Jaclyn Harris and Optimal Health and Fertility Pty Ltd platforms, though you understand and agree this may not always be possible.
17.7.Jaclyn Harris and Optimal Health and Fertility Pty Ltd reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
18.Mailing List and SMS List Registration
18.1.You will be given the option to register for the Jaclyn Harris and business trading under Optimal Health and Fertility Pty Ltd’s Mailing List (the'Mailing List') and SMS List (the ‘SMS List’)
18.2.As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)Email address
(b)Name and address
(c)Mobile phone number
18.3.If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Natural Fertility Co.
Limitation of Liability
19.1 Jaclyn Harris and Optimal Health and Fertility Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Jaclyn Harris and Optimal Health and Fertility Pty Ltd is the resupply of information or Purchase Services to you.
19.2You expressly understand and agree that Jaclyn Harris and Optimal Health and Fertility Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory ofliability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any otherintangible loss.
19.3 Jaclyn Harris and Optimal Health and Fertility Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or inconnection with the Purchase Services, whether posted or caused by users of the website of Natural Fertility Co ,by third parties or by any of the Purchase Services offered by Jaclyn Harris and Optimal Health and Fertility Pty Ltd.
Indemnity
20.1 You agree to indemnify Jaclyn Harris and Optimal Health and Fertility Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b)any direct or indirect consequences of you accessing, using or transacting onthe Website or attempts to do so and any breach by you or your agents of theseTerms; and/or
(c)any breach of the Terms.
Venue and Jurisdiction
The Purchase Services offered by Jaclyn Harris and Optimal Health and Fertility Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.
Governing Law
The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, not withstanding mandatory rules. The validity of this governing law clause is not contested.