Jacqui Lamplugh
Women’s Health & Natural Fertility Specialist

Terms and Conditions

Terms and Conditions

Welcome to our website. This website (Site) is operated by Jacqui Lamplugh – Naturopath ABN 83125565992 (we, our or us). It is available at: http://www.jacquilamplugh.com and may be available through other addresses or channels.

1. Consent

By accessing and/or using our Site, you agree to these terms of use, our Privacy Policy and our Refunds Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

2. Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

3. Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

4. Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

5. Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

6. Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

7. Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, titles and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

8. User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through or Site. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

9. Orders

Any orders placed by you in the manner described in this Site is an offer by you to purchase a particular product/service for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price of the product description posted on this Site or an error in your order. Your contract with us only comes into existence when it forwards confirmation of receipt of your order and payment.

10. Prices

Prices of products, services, delivery and other charges displayed on this Site are current at the time of issue, but may change at any time and are subject to availability.

11. Refunds and Returns

The circumstance in which we are obliged to make a refund or return is detailed in our Returns Policy.

12. Third Party Sites

Our site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

13. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

14. Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

Your read, use and act on our Site and the Content at your own risk.

15. Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

16. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

17. Disclaimer

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

If you have any specific health concerns, pre-existing medical conditions or questions regarding your medical condition you should consult a qualified medical professional. You are at all times responsible for seeking independent advice from your healthcare professional before acting on or following any information or material provided on the Website.

You acknowledge and agree that it is your responsibility to consult with your healthcare professional before using any of the information on the website.

Any recommendations given on this website are only provided as general information. You should not rely on these recommendations. They are not provided as medical or professional advice or opinion. They do not take into account factors specific to you and your circumstances. You should therefore always seek your own advice on any health matters from your healthcare professional. To the full extent permitted by law Jacqui Lamplugh – Naturopath hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the Site.

18. Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations or liability set out in these Terms will survive.

19. Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternative method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

20. Breach

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. By using this website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable you must not use this website. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms and Conditions, we reserve the right to block you from the website and to enforce our rights against you. If we do not act in relation to a breach of the Terms and Conditions by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms and Conditions by you.

21. Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

22. Jurisdiction

Your use of our Site and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of jurisdiction where you access our Site.

For any questions or feedback, please contact us at:

Email: jacqui@jacquilamplugh.com

Last update: 22 May 2018

References: This document has been modelled on the LegalVision document ‘Website Terms of Use’.