Website Terms and Conditions of Use

1. About the Website

• Welcome to www.hormonenurse.com.au (Website). The Website is operated by Hormone Nurse Pty Ltd (ABN: 35 565 931 652) (Hormone Nurse). 
  
  
• The Website provides you with an opportunity to browse the services offered by Hormone Nurse; to purchase various self-guided online courses that are made available from time to time (Course); to browse content made available by Hormone Nurse, including free downloadable content (Content) and Eproducts that are available for purchase (Eproducts); join the membership (Membership), and to make bookings for consultations (Bookings). These offerings made available by the Website are collectively referred to as the Purchase Services (Purchase Services).   
  
  
• Access to and use of the Website, and the associated Purchase Services, is provided by Hormone Nurse. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website immediately.
  
  
• Hormone Nurse reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

• You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

• Where applicable, in order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) your name, e-mail address, ABN and address. 
  
  
• You warrant that any information you give to Hormone Nurse in the course of completing the registration process will always be accurate, correct and up to date.
  
  
• Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 
  
  
• You may not use the Purchase Services and may not accept the Terms if:
  
  
  • you are not of legal age to form a binding contract with Hormone Nurse; or
    
    
  • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

• As a Member, you agree to comply with the following:
  
  
• You will use the Purchase Services only for purposes that are permitted by:
  
  
  • the Terms;
    
    
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    
    
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    
    
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hormone Nurse of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    
    
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hormone Nurse providing the Purchase Services;
    
    
  • you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    
    
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Hormone Nurse for any illegal or unauthorised use of the Website; and
    
    
  • you acknowledge and agree that any automated use of the Website or the Purchase Services is prohibited.

5. Bookings for Consultations

• Hormone Nurse requires all bookings for Consultations to be made via the available booking system provided via the Website (Booking System).
  
  
• 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 other relevant legal documentation provided by the Booking System.
  
  
• In making a Booking via the Website, you will agree to the payment of the purchase price for the Consultation listed on the Website (Consultation Price). Payment of the Consultation Price may be made through the available payment methods (Payment Gateway Providers).
  
  
• Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are exclusive of goods and services tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999.
  

6. Purchase of Course or Eproducts

• In making a purchase for a Course or an Eproduct through the Website, you will agree to the payment of the relevant purchase price listed on the Website (Purchase Price).
  
  
• Payment of the Purchase Price may be made through the available Payment Gateway Providers. You warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
  
  
• Refunds for Eproducts will be provided in accordance with your rights under the Australian Consumer Law, including where the Eproduct does not meet consumer guarantees. Outside of your consumer law rights, Hormone Nurse does not provide discretionary refunds for Eproducts.
  
  
• 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 [email protected]. 
   
• Hormone Nurse will endeavour to respond to you as a priority. While Hormone Nurse is not responsible for issues with your email service provider, we will take reasonable steps to ensure delivery of the Eproduct through alternative means if technical issues prevent initial delivery.

7. Delivery of Course and Licence Information

• Each Course purchase grants you access to the Course through the online course platform provided or other platforms used from time to time (Member Portal), as notified to you by Hormone Nurse. 
  
  
• When you purchase a Course through the Website, Hormone Nurse 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 (Licence).
  
  
• The Licence is valid for the Course term specified on the Course information page at the time of purchase (Licence Term). The Course will be accessible via the download link for the duration of the Licence Term. Hormone Nurse will provide you with at least 30 days' written notice to your registered email address before any Course access expires. After expiration, you will no longer be able to access the Course unless you purchase a new licence.
  
  
• The Courses are licensed for individual use only within the Licence Term. You must not share, distribute, sublicense or allow others to access your Course materials, digital resources, or any other aspect of the Course. 

8. Course Refunds 

• You must notify Hormone Nurse of your intention to cancel your involvement in the Course as soon as practicable through e-mail [email protected] and abide by the following (Cancellation Policy).  
  
  
• Subject to your rights under the Australian Consumer Law, including your right to a remedy if we fail to meet a Consumer Guarantee, the Course is non-refundable. If you wish to terminate the Course early, all unpaid amounts of the Fees remain payable unless otherwise required by law. 
  
  
• For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Hormone Nurse reserves the right to collect all outstanding amounts of the Fees by charging your method of payment after providing 7 days' written notice, after which your access to the Course may be revoked.

9. Warranty 

• The Website and Purchase Services are provided to assist you in working towards your desired outcomes. While Hormone Nurse strives to provide high-quality services that comply with Australian Consumer Law guarantees, we do not guarantee specific personal outcomes or results, as these may vary between individuals based on various factors including but not limited to personal circumstances, effort, and adherence to recommendations.
  
  
• The Purchase Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Purchase Services, you are entitled to cancel your contract with Hormone Nurse. 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.

10. Disclaimer 

• You are solely responsible for creating and implementing your own health, mental and personal decisions, choices, actions and results arising out of or resulting from the Purchase Services. As such, you agree that Hormone Nurse is not and will not be liable or responsible for any actions or inaction, including effects on your health or personal life or for any direct or indirect result of any Purchase Services provided by Hormone Nurse.
  
  
• You acknowledge that the Purchase Services and any information provided through them are for general educational and informational purposes only and are not a substitute for professional medical, psychological, or healthcare advice. Any health-related information should be discussed with qualified healthcare professionals. If you have a medical emergency, please contact emergency services immediately. Hormone Nurse recommends you seek independent professional advice before relying on any information, tools, case examples, or guidance provided through the Purchase Services. Hormone Nurse will not be liable in any way for your use of, or reliance upon, the information or advice provided to you.

11. Information Disclaimer 

• Any information, advice, content or documentation provided on the Website, through the Purchase Services, Course, Content or social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
  
  
• All care is taken in the preparation of the information and published materials on the Website, through the Purchase Services, Course, Content or social media accounts, or on any other related platform. Hormone Nurse does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
  
  
• To the extent permissible by law, Hormone Nurse will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that 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 on the Website, through the Purchase Services, Course, Content or social media accounts or on any other related platform.

12. Copyright and Intellectual Property

• The Website and the Purchase Services are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Purchase Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Purchase Services are owned or controlled for these purposes and are reserved by Hormone Nurse or its contributors.
  
  
• All trademarks, service marks and trade names are owned, registered and/or licensed by Hormone Nurse, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:
  
  • use the Website pursuant to the Terms;
    
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
    
  • print pages from the Website for your own personal and non-commercial use.
     
• Hormone Nurse does not grant you any other rights whatsoever in relation to the Website or the Purchase Services. All other rights are expressly reserved by Hormone Nurse.
  
  
• Hormone Nurse retains all rights, title and interest in and to the Website and all related Purchase Services. Nothing you do on or in relation to the Website will transfer any:
  
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    
    
• You may not, without the prior written permission of Hormone Nurse and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Purchase Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

13. Privacy

• Hormone Nurse takes your privacy seriously and any information provided through your use of the Website are subject to Hormone Nurse’s Privacy Policy, which is available on the Website.
  
  

14. General Disclaimer

• Nothing in the 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.
  
  
• Subject to this clause, and to the extent permitted by law:
  
  
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    
    
  • Hormone Nurse 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 or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    
    
• Use of the Website and the Purchase Services is at your own risk. Everything on the Website and the Purchase Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hormone Nurse make any express or implied representation or warranty about the Purchase Services referred to on the Website, including (but not restricted to) loss or damage you might suffer as a result of any of the following:
  
  
  • 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;
    
    
  • the accuracy, suitability or currency of any information on the Website, the Purchase Services;
    
    
  • costs incurred as a result of you using the Website, the Purchase Services; and
    
    
  • other services or operation in respect to links which are provided for your convenience. 

15. Third Party Services

• The Purchase Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Hormone Nurse does not control any Third-Party Services. Hormone Nurse additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Purchase Services. While Hormone Nurse exercises reasonable care in selecting Third-Party Services, we make no representation or warranty regarding, and accept no liability for, content provided through Third-Party Services except as required by the Australian Consumer Law. There is no implied affiliation, endorsement, or adoption by Hormone Nurse of these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

16. Limitation of liability

• To the extent permitted by law, Hormone Nurse’s total liability arising out of or in connection with the Website or the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Purchase Services to you or the cost of resupplying the Purchase Services.
  
  
• To the maximum extent permitted by law, Hormone Nurse, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, except where such limitation is prohibited by the Australian Consumer Law or other applicable laws. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

17. User Generated Content

• If you choose to contribute any content to the Website or any other platform operated by Hormone Nurse, 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).
  
  
• By contributing content to the Website, you grant Hormone Nurse a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content for purposes related to Hormone Nurse's business operations and marketing activities. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Hormone Nurse.
  
  
• Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Hormone Nurse can use that information with Your Content for advertising and promotional purposes, and other legitimate business purposes in accordance with our Privacy Policy and applicable privacy laws. 
  
  
• You confirm you own or have the right to use any copyright material included in Your Content (including replies to Hormone Nurse 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-party rights by submitting the content to Hormone Nurse. 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.
  
  
• You are solely responsible for maintaining your own copies of Your Content. Hormone Nurse does not guarantee and has no obligation to archive, store, back-up or maintain the accessibility of Your Content online.
  
  
• Hormone Nurse will endeavour to provide you with an appropriate credit when using Your Content on Hormone Nurse platforms, though you understand and agree this may not always be possible.
  
  
• Hormone Nurse reserves the right to remove Your Content at any time. Your Content must not be: (a) malicious, false, or inaccurate; (b) threatening, abusive, or obscene; (c) defamatory or libelous; (d) discriminatory on the basis of race, gender, religion, nationality, disability, sexual orientation, age or any other protected characteristic under applicable law; or (e) otherwise unlawful or  offensive.

18. Mailing List Registration

• You may be given the option to register for the Hormone Nurse Mailing List (Mailing List).
  
  
• As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.
  
  
• If you choose to register for the Mailing List, you expressly consent to receive promotional material, updates and other content from Hormone Nurse. This consent is voluntary and informed. You may withdraw your consent and unsubscribe from these communications at any time. All communications will comply with the Spam Act 2003 (Cth) and include clear unsubscribe instructions.

19. Indemnity

• Subject to any non-excludable consumer guarantees under the Australian Consumer Law, you agree to indemnify and hold harmless Hormone Nurse, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  
  
  • all reasonable actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content;
    
    
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    
    
  • any breach of the Terms.

20. Venue and Jurisdiction

• 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 will be in the courts of New South Wales, Australia.

21. Governing Law

• The Terms are governed by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia in respect of any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms.

22. Independent Legal Advice

• Each party acknowledges and represents that: (a) the provisions of the Terms are fair and reasonable; (b) they have had sufficient opportunity to obtain independent legal advice before entering into these Terms; and (c) they have either obtained such independent legal advice or have knowingly, voluntarily, and after careful consideration waived their right to do so.

23. Severance

• If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.