Effective Date: 1 February 2023 

Welcome to www.katepowe.com (Site).  

This Site is owned and operated by Kate Powe ABN 56 256 027 765 trading as Kate Powe (referred to in these terms as “Kate Powe”, “Kate Powe Natural Medicine“, “Kate Powe Naturopath”, “Kate Powe Naturopathy”, “me”, “I”, and “my”). Please take the time to read the terms of use that apply to your use and enjoyment of my Site and the content made available to you via my Site and my social media channels (“Terms”). These Terms, together with my Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).  

CONSENT TO SITE TERMS 

By accessing and using my Site, my social media channels and any other materials made available to you or provided to you on my Site (whether available for purchase or not), you are taken to accept my Terms.  

NO MINORS 

By using the Site or accessing or purchasing any products or services, you warrant that you: 

• are over 18 years of age and have the legal capacity to enter into a legally binding contract; 
• have read and accepted these Terms; and 
• will comply with these Terms. 

CHANGES TO THESE TERMS 

I reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date I post the revised version on my Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of my Site, products, services and content. If at any time you choose not to accept these Terms, you should not use my Site. 

Your continued use of my Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on my Site, please don’t hesitate to contact me before proceeding with any purchase or booking. 

INTELLECTUAL PROPERTY 

My Site, products and services contain intellectual property owned by me and/or by third parties that license the content to me (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of my Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above. 

No Commercial Use 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever my Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without my prior written consent. I reserve the right to immediately remove your access to my Site, products, services, and Content, without refund, if you are found to be violating these Terms.  

Limited Licence 

Where you download or purchase my Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without my express written consent. I reserve the right to refuse to provide any products and/or services to you at any time for any reason. 

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of my products (including Digital Products) in any manner whatsoever except as authorised by me. 

LINKS TO OTHER WEBSITES 

My Site and social media channels may have links to other sites operated by third parties. Unless I expressly tell you otherwise, I do not in any way endorse, control or approve of, nor am I responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you. 

PRIVACY 

These Terms also include my Privacy Policy which sets out how I use your personal information, which can be accessed here. By using my Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate. 

CREATING AN ACCOUNT 

To place orders and access some features of the Site, you may need to register an account. This means you will have to give me accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.  

I reserve the right to suspend or cancel your account at any time, at my sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts my reputation.  

DIGITAL PRODUCTS 

Where you download or purchase my Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without my express written consent. I reserve the right to refuse to provide the products to you at any time for any reason. 

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. I will not be responsible for any issues with the Digital Product after it has been downloaded. 

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by me. 

REFUNDS FOR DIGITAL PRODUCTS 

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, I will send the correct Digital Product or a revised download link at no extra cost. 

PRICES AND PAYMENT 

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.  

I reserve the right at any time to modify or discontinue the product or service without notice at any time. I shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service. 

I may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. I reserve the right to reject or cancel any orders where you add more than one discount code. I allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion. 

I offer the option to pay for my products and/or services by credit card or such other method of payment as indicated on my Site. You acknowledge and agree to make timely and full payments to me for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise me to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, I may revoke your access to my products or services.  

CANCELLATIONS 

I reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by me and not rescheduled, I will refund the fees paid for the cancelled portion of the Services. 

Should you need to cancel any part of my services for any reason, or you wish to reschedule the services, but I am  unavailable on the new date, you acknowledge that you will be liable for an additional fee.  

When you cancel the Services, you must notify me via my nominated email address 24 hours prior to Your scheduled appointment. If at least 24 hours’ written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services. 

If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee. 

You acknowledge that I am not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.  

Where a Force Majeure event necessitates that any part of my services be cancelled or postponed, you acknowledge that I will not be responsible for any loss or damage incurred as a result.  

REFUNDS FOR SERVICES 

You will only be entitled to a refund at my sole discretion or where I determine that I am unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on my services being performed in a way that is against my advice.  

Where you have paid a deposit for my services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead. 

Refunds in lieu of money (such as credit for other services) may be offered to you at my sole discretion.  

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES 

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through my Site, including but not limited to any consent you provide to receive communications from me. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. 

INFORMATION AND ADVICE 

My Site contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. I do not purport to be a legal or medical practitioner, financial advisor or any other type of licensed professional and cannot be held liable for any reliance on the information I provide, either on my Site or through my products and/or services.  

Where my products, services, programs or courses incorporate advice, protocols, activities, treatments or procedures that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.  

I do not accept responsibility for determining whether my products and/or services are appropriate for you. I reserve the right to deny service and refund the cost of that product and/or service for any reason, including where I believe that the product and/or service would be dangerous or not appropriate for you, or I believe that further professional advice should be sought.  

Any reference to other products or services, programs, courses, processes or other information appearing on my Site does not constitute or imply my endorsement, sponsorship or recommendation in any way. 

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA 

I always appreciate interaction on my social media channels and feedback about my Site, products and services, as it helps me to improve my Site and my products and services. Through the use of my Site, you may be invited to submit a review, and you can also comment on my blog or other parts of my Site or interact with me via my social media channels. I love to hear from you!  

Where you do decide to submit such feedback or comments, you: 

• warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions); 
• give me permission to post or otherwise use that feedback on my social media or other channels; 
• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide me with;  
• warrant that any content provided does not violate these Terms; and  
• warrant that you are at least 18 years old. 

I reserve the right to remove a review or comment if such review or comment contains: 

• libellous or otherwise unlawful, abusive or obscene material;  
• personal attacks on my employees or another contributor;  
• material that discloses your personal information; or  
• Information that is unrelated to the post or content that you have reviewed or commented on. 

My Site and social media channels may feature user reviews of my products and/or services. These reviews in no way represent my views or opinions, but are the sole product of their creator. I disclaim all liability with respect to any content submitted by any users. 

COMPETITIONS 

I may from time to time run competitions through my Site and/or through my social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.  

TESTIMONIALS 

On my Site, I may present real-life examples of and insights into other customers’ and/or clients’ experiences with my products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of my programs, courses, products and/or services will achieve the same or similar results.  

Where you have provided testimonials (in any format), you acknowledge that I may use these along with reference to you on my Site and social media channels, or any other avenue, for promotional and other purposes at my discretion. 

PROHIBITED USE 

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:  

• for any unlawful purpose;  
• to solicit others to perform or participate in any unlawful acts;  
• to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
• to attempt to change, remove, deface, hack or otherwise interfere with my Site or any material or content displayed on the Site;  
• to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;  
• to infringe upon any other person’s proprietary rights;  
• to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or  
• to attempt to affect the performance or functionality of any computer facilities of or accessed through my Site. 

WARRANTIES AND DISCLAIMERS 

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law I make no representations or warranties about my Site and/or my products or services including that: 

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose; 
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
• there is no possibility of failure to store communications or other data.  

LIMITATION OF LIABILITY 

To the fullest extent permitted by applicable laws, in no event am I, any of my subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of my Site and/or my products or services, your inability to access my Site, interruption or outage of my Site or the fact that content on my Site or in my services is inaccurate, incomplete or out of date. My liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). 

MY RIGHT TO BE INDEMNIFIED BY YOU 

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold me and my related entities, affiliates, and my and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of my Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party. 

ADDITIONAL TERMS 

Where you elect to enter into a one-on-one arrangement with me, I will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with me and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.  

BREACH AND TERMINATION 

The agreement constituted between me by your use of the Site may be terminated: 

1. where you breach any provision of these Terms; or  
2. at any time by me, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site. 

SEVERABILITY 

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect. 

CEASING MY WEBSITE 

I have the right to discontinue my Site. If I decide to do this, it can be at any time and may be without notice to you. I may also exclude any person from using my Site, at any time and at my sole discretion. I will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion. 

ASSIGNMENT 

I am permitted to assign, transfer and subcontract my rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms. 

ENTIRE AGREEMENT 

These Terms (together with my Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between me and you in relation to your use of my Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to my Site and your use of my Site. 

DISPUTE RESOLUTION AND JURISDICTION 

If a dispute arises, you agree that you will not engage in any public discussion about the issues, will behave politely towards me, and will avoid any conduct or communication which might reasonably be expected to interfere with my business or personal interests. You agree to act in good faith and be reasonably cooperative at all stages of the dispute resolution process. I will treat you with the same consideration.

If you have any concerns or complaints, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me at info@katepowe.com and expect a response within 2 business days.

If the problem cannot be resolved within a reasonable time, you agree to engage in mediation and alternative methods of dispute resolution, with litigation being a last resort. I commit to making a similar effort to resolve any disputes in a friendly manner.

This agreement is subject to the governing law of New South Wales, Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

A lot of effort has been invested in making this agreement easy to read and fair to everyone involved. Please let me know if you find anything that is not fully aligned with my practice, or which is difficult to understand. Copying this document without permission is a breach of copyrigh