Disclaimer and Waiver 

APPLICATION

1.1.This Disclaimer and Waiver applies to the products (Products) provided by Nature’s Body Pty Ltd (ACN 615 315 083) ATF Nature Abundant Trust trading as Nature’s Body Health (We, Us, Our) to you, and to your use of Our website https://naturesbody.com.au/(Site). 

1.2.By purchasing Our Products or using Our Site, you agree to this Disclaimer and Waiver and all Our other terms and policies.

GENERAL DISCLAIMER

Use of the Site and any of Our Products sold on the Site is at your own risk.  Everything on the Site, and Our Products, are provided to you on an "as is" and "as available" basis.

You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on Our Site.

All possible care has been taken in the preparation of this Site. However, specification and particulars in relation to Our Products referred to in Our Site are subject to change without prior notice. We will make every effort to ensure Our Products are accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

We make no representation or guarantee regarding the suitability of Our Products for any particular purpose, other than those guarantees that cannot be excluded under Australian Consumer Law. We do not assume any liability whatsoever arising out of the application or use of any Product. You shall not rely on any data and Product specifications provided by Us. It is your responsibility to independently determine the suitability of any Products, and to test and verify the same.

Any timelines or delivery dates are provided by Us on an estimated basis only.  We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond Our control and We are not responsible for any delay in delivering Our Products.

We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to Our recommendations, or information supplied to you. You also acknowledge and agree to hold Us harmless for any loss suffered as a result of Our recommendations and information supplied in connection with Our Products and in accordance with this Site. 

2.8.You acknowledge and agree that We, Our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your use of Our Products.

PRODUCT SPECIFIC DISCLAIMER

Our Site offers health, fitness and nutritional information, but is intended for general educational and information purposes only and does not, nor is it intended to, constitute health and/or medical advice. 

We do not purport to diagnose or treat health conditions. If you have a health condition, you should always consult with your health professional before purchasing or using Our Products. 

You understand that developments in medical research may impact the health, nutritional and/ or fitness information that appears on this Site. We make no guarantees that the information on the Site reflects the most recent developments within a particular area at any given time. 

We are not medical or allied health professional.  While some information on our site may contain reference to low-calorie foods and diets, the decision to pursue a proposed diet plan should always be undertaken after you have received qualified medical and allied health advice as is necessary for your lifestyle. 

You understand that any results which are promoted on the Site are not a guarantee of results for you. We make no representations, promises or guarantees that you will experience the same results. Individual weight loss results vary from person to person. There are many intervening factors which may affect your results, even where you are using Our Products. “Intervening factors” include, but are not limited to:

environmental factors;

physiological factors;

genetic factors; and 

food intake.

We comply with all requirements set out in the Therapeutic Goods Act 1989 (Cth).

You acknowledge that you accept full responsibility for informing yourself and assessing all the risks of use of Our Products, and will rely solely on your own assessment of these risks before using Our Products. 

You understand there are risks associated with using Our Products, which include, but are not limited to, serious physical injury or death. We are not liable for any claim you bring against Us or any injury or loss you may suffer as a result of using Our Products.  

9.You understand and acknowledge that our Products and programs are not suitable for nursing mothers or pregnant women. 

10.If you use Our Products, you agree that you do so at your own risk; are voluntarily doing so; you assume all risk of injury to yourself; and agree to release and hold Us harmless from any and all claims made against Us, which arise directly or indirectly as a result of or in connection with your use of Our Products. 

11.You acknowledge and agree that We are not liable for any injury or damage you incur if you incorrectly or improperly use Our Products. 

You understand and acknowledge that whilst We take reasonable steps to ensure the quality of Our Products, We exclude any and all liability arising from any actions of Our manufacturers. Without limiting the generality of this clause, a reference to “any actions of Our manufacturers” includes:

where the Products may be of a lesser quality than is usually expected;

where the Product may contain ingredients or contaminants introduced by the manufacturer;

where the Products may be of a different weight than advertised due to a decision by our manufacturers;

where there is a delay in supplying Products to you, including where Products are out of stock; and 

any other circumstances not contemplated by this clause and are not within Our reasonable control. 

If you have any questions or concerns about how to use the Products, you can email your query to info@naturesbody.com.au and should await a response before proceeding. Any representations made to you in response to a query are for instructional purposes only and Our Disclaimers will apply to the extent of the information provided.  You can also call us at 1800 558 218.

WAIVER AND RELEASE OF LIABILITY 

4.1.To the extent permitted by Law and in consideration of using Our Product, you agree that you will not make, take or seek any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand (Claims) against Nature’s Body Pty Ltd (ACN 615 315 083) ATF Nature Abundant Trust trading as Nature’s Body Health and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your use of the Products, and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your use of Our Products.   

4.2.Without limiting the above, you acknowledge and agree that in the event that you are injured, or you suffer damage of any kind connected to your use of the Products, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.   

4.3.You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by Us or otherwise resulting from your use of Our Products. 

4.4.You agree to hold harmless and indemnify the Releasees from any and all Claims made against, or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your use of Our Products.  

4.5.This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents. 

4.6.This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.