Overview:
This website or any associated platforms are owned and operated by Nicole Sutherland. Throughout the site the terms “we,” “us” and “our” refer to Nicole Sutherland – Nutritional Therapist & Homeopath. Nicole Sutherland offers this website along with its content and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing our products and services you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including but not limited to, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services available.
Any new features or tools which are added to the current site shall also be subject to these Terms of Service. You can review the most up-to-date version of these Terms of Service at any time, on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 such changes, indicates your acceptance of those changes.
Our website is hosted by Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Legal Disclaimer:
The information on this website does not constitute or replace medical advice in any way. Any information provided is for educational purposes only. Please always consult with your medical doctor before making any changes to your current medical treatment programme. We cannot offer any advice without a formal consultation.
By accessing and using the website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms and Conditions on your behalf. If you are entering into this agreement on behalf of a business or other legal entity, you warrant that you have consent from such business or entity and they agree to be bound by these Terms.
You may not use our products or the content from our website or our sessions for any illegal or unauthorised purposes, nor may you, in the use of the service, violate any laws in your jurisdiction. You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
General Conditions:
This website offers visitors an opportunity to learn about the services on offer, learn more about Nicole Sutherland as a practitioner and engage with educational materials.
You understand that your content (not including credit card information), may be transferred unencrypted and involve i. transmissions over various networks and ii. changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information, however, is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website and its services, use of its services, access to its services, or any service contacts on the website, without express written permission by Nicole Sutherland.
The headings used in this agreement are included for convenience purposes only and will not limit or otherwise affect these Terms.
Payment Conditions:
You understand that you are obligated to ensure that fees are paid in full within 72 hours of attending your consultation. Failure to do so may result in your outstanding balance being transferred to a debt collection agency for recovery, where you will be liable to pay any costs associated with collecting the payment.
You may be asked to supply certain information relevant to your purchase including, but not limited to, your credit card number, the expiration date of your credit card, your credit card security code, your billing address and your postal information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
We reserve the right to refuse or cancel your purchase at any time for certain reasons including but not limited to, your purchase constitutes a high-risk transaction, fraud or an unauthorised transaction is suspected.
Cancellation and Refund Conditions:
A 48-hour cancellation notice period is required by email to consult@nicolesutherland.com. Otherwise, a full fee will be incurred for booked appointments if there is a ‘no show,’ in person or online. You can expect to receive an email which confirms receipt of the cancellation. All other products once purchased such as homeopathic remedies, tissue salts, e-books etc., are non-refundable.
We understand that things happen, but if you are running late, we may not always be able to complete the full consultation. An email or text to let us know is also appreciated, so that we can accommodate any changes that may be required.
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Shipping:
Your orders will be despatched via New Zealand Post after your payment is received. Please allow a reasonable length of time for delivery on both domestic and international purchases. Please also note that we cannot accept responsibility for your parcel once it has left New Zealand, although we will endeavour to assist you where we can. Please also be aware that you will be responsible for any and all import duties and regulations that may apply to the importation of your package.
We do make every effort to ensure the items will be delivered in good condition, however things can go wrong. Please contact us immediately if the goods arrive damaged. We must receive notification within 2 business days, accompanied by photographic evidence of the damage, in order for us to make a claim with the carrier. After this period, we will not accept any claim for goods damaged during transit.
Timeliness of Information:
This site may contain a certain amount of historical information. Historical information is not necessarily current and is therefore 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 do so. You agree that it is your responsibility to monitor changes to our site.
Modification to the Pricing:
The prices we charge for using our services and our products are listed on the website. We reserve the right to change our displayed prices at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the services page.
Modification to the Services:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services at any time. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. 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 of Service.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of any services. We reserve the right to limit the sales of our products or services 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 products or services that we offer. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you, will meet your expectations.
Modification to Terms of Service:
We reserve the right to modify, update or replace these Terms of Service from time-to-time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after any such change, constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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Optional Tools:
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 by providing you access to such tools we are doing so without any warranties, representations or conditions of any kind and without any endorsement. We therefore 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 and conditions provided by the relevant third party provider(s).
Third Party Links:
We may from time-to-time provide links to websites that are owned by third parties, this is purely for your convenience and to improve the usage of the site. 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. Therefore, linking to any other website is entirely at the user’s own risk.
User Comments, Feedback and Other Submissions:
If, at our request, you send certain specific submissions 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, 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 forwarded to us. We are and shall be under no obligation i. to maintain any comments in confidence; ii. to pay compensation for any comments; or iii. to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
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 email 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.
Personal Information:
You agree to provide current, complete and accurate purchase and account information for all purchases made. When applicable you agree to promptly update your phone number, email address, postal address and credit card information, so that we can complete your transactions and contact you as needed. Your submission of personal information through our website is governed by our Privacy Policy.
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Errors, Inaccuracies and Omissions:
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 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 but not limited to pricing information, except as required by law.
Prohibited Uses:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: i. for any unlawful purpose; ii. to solicit others to perform or participate in any unlawful acts; iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; vi. to submit false or misleading information; vii. 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; viii. to collect or track the personal information of others; ix. to spam, phish, pharm, pretext, spider, crawl, or scrape; x. for any obscene or immoral purpose; or xi. 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.
Disclaimer of Warranties:
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. In no case shall Nicole Sutherland, our officers, agents, contractors, 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 but not limited to 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 in connection with the service, or for any other claim related in any way to your use of the service or any product. This includes but is 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.
Ownership of Intellectual Property, Copyrights and Logos:
The service and all materials therein or transferred thereby, including, without limitation, software, images, icons, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, site design and layout, text, graphics, artwork (“content”), HTML, CSS and scripts plus all Intellectual Property Rights related thereto, are the exclusive property of Nicole Sutherland. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights and you agree not to sell, license, rent, modify, distribute, download, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You may not download any content within the website without first gaining the written consent from Nicole Sutherland.
Indemnification:
To the maximum extent permitted by applicable law, in no event shall Nicole Sutherland, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. You agree to indemnify, defend and hold harmless Nicole Sutherland and our officers, agents, contractors, suppliers, service providers or licensors, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability:
In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other of the remaining provisions.
Right to Suspend or Terminate:
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).
Entire Agreement:
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitutes the entire agreement, which governs your use of the service and supersedes any prior or contemporaneous agreements, communications and/or proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Promotional Content:
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not want to receive such promotional materials or notices, please notify us at any time at: hello@nicolesutherland.com.
Governing Law:
These Terms of Service and any separate agreements whereby we provide you services, shall be governed by and interpreted in accordance with the laws of New Zealand.
Contact Information:
Any questions about the terms of service, should be sent to hello@nicole-sutherland.com.
Last Updated: 09/10/2023.