TERMS + CONDITIONS
TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions agreement sets forth the agreement between True North, and each user ("you" or "user") governing the use by you of this site and any and all correspondence entered into between you and True North by email between you and True North. Please read this agreement carefully before using this site or entering into any correspondence with True North. By using this site or sending any correspondence to True North, you signify your assent and acceptance to the terms and conditions as set out on this page and site. If you do not agree to the terms and conditions contained in this Terms and Conditions agreement, do not access or otherwise use this site, or enter into any correspondence with True North.
The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or healthcare professional, nor is any information contained in any product or as part of any service offered or provided by True North. True North takes no responsibility and incurs no liability related to the personal usage of any of the products sold through this site or any related outcomes.
Any information, recommendations or advice provided through live chat with a True North representative, or email from a True North representative, or within any attachments within emails from a True North representative is to be used as a guide only. Results will vary between individuals.
Copyright and Trademarks
All web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of True North or its licensors. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of applying for the True North program or using this web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of True North, is strictly prohibited. True North, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of True North or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
NO WARRANTY; DISCLAIMER
You assume all responsibility and risk for the use of this site and the Internet generally. True North is providing this site, its contents and the contents of any email correspondence sent from True North on an "as is” basis. True North and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, or the contents of email and other correspondence sent from True North, including without limitation to the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. True North and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. True North and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by True North or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
The products, information, services and other content provided on and through this site, including without limitation any products, information, e-mails, facsimiles, services and other content provided on any Linked Site, are provided for informational purposes only. The information provided on this site and Linked Sites, including without limitation information relating to any conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare. Before buying or using any products, information or services provided on this site or through True North including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem. You should always speak with your physician or other healthcare professional, and carefully read all information provided before starting any program or before adopting any treatment for a health problem. Each person is different, and the way you respond to a particular product or service may be significantly different from the way other people respond to such products or services.
You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. True North expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site. Price and availability information on this site is subject to change without notice
LIMITATION OF LIABILITY
True North and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability; (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) any recommendations made, (vi) for any unauthorized access to or disclosure of your transmissions or data, (vii) for statements or conduct of any third party on the site, or (viii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between True North and the user of the website or any party who enters into any correspondence with True North. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of True North and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from True North on this site. You agree to indemnify, defend and hold harmless True North and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site or resulting or arising from or relating to your use of information within any correspondence between you and True North, any activity related to your account by you or any other person, any material that you submit to True North or transmit through the site, your violation of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to this site. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
YOUR USAGE OF SITE; TERMINATION OF USAGE
You agree to be responsible for all charges resulting from the use of your account on the site or through any correspondence between you and True North, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence and notifying True North. You agree to use this site only for lawful purposes, and that you are responsible for your use of the site. You agree not to transmit through this site or by way of email or any other medium to True North any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law.
USAGE BY MINORS
Because of the nature of the World Wide Web, True North cannot prohibit minors from visiting this site. True North must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. True North requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to True North be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent.
APPLICABLE LAW; JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of New South Wales and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in New South Wales in the Commonwealth of Australia.
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."
ENTIRE AGREEMENT; AMENDMENTS
This agreement constitutes the entire and only agreement between True North and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. True North may, in its sole discretion, amend this Terms and Conditions agreement from time to time without notification.
The failure of True North or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of True North and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.