Terms + Conditions

Welcome to my NZ women’s health and nutrition blog space. Learn how to help your hormones, improve your fertility, periods, energy, skin, mood and gut health. As a qualified naturopath I’ve written these articles to educate and support you on your health journey and answer your faqs. Because I’m a firm believer that knowledge is power.

This Agreement was last modified on 28 January 2021.
Please read the following Terms of Service completely before using https://annanaturally.com which is operated by Anna Jolly Natural Health. This agreement documents the legally binding terms and conditions attached to the use of the Site.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms you may not access the Service.

Terms of Use 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any of Anna Jolly’s digital or downloadable resources, online course, one-on-one or group consulting, class, program, workshop, or training, or enter any online private forums operated by Anna Jolly (for any purpose), whether on a website hosted by Anna Jolly a third-party website, plugin or app such as an online course platform or facebook.com (collectively “the Service”). 

The Sole Trader’s products, services and courses are intended and only suitable for individuals aged 18 and above. The Sole Trader hereby disclaims all liability for use by individuals under the age of 18.

As used in these TOU, the term Releasees” is defined to include the following: (i) Anna Jolly, Anna Naturally, the Service, Anna Jolly Natural Health (collectively “Sole Trader”); (ii) any Sole Trader volunteers; (iii) any assistants.

Participants
The Sole Trader’s products, services and courses are intended and only suitable for individuals aged 18 and above. The Sole Trader hereby disclaims all liability for use by individuals under the age of 18.
Intellectual Property Rights
The Site and all of its original content are the sole property of Anna Jolly Natural Health and are, as such, fully protected by the appropriate copyright and other intellectual property rights laws.

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Service website (and the third-party plugins and apps the Sole Trader uses to distribute and host the Service), and contained in e-mails sent to you by the Sole Trader, as well as the look and feel of all of the foregoing (“Content”) is property of the Sole Trader and it is protected by copyright, trademark, and other intellectual property laws.

b. the Sole Trader’s Limited License to You:

If you view, purchase or access any Service or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.


This means you may view, download, print, email and use one copy of individual pages of the Service and Content for your own personal purposes only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Service or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Service or Content for personal use you in no way assume any ownership rights of the Content – it is still the Sole Trader’s property. Any unauthorised use of any materials found in the Service or Content shall constitute infringement.

You must receive our written permission before using any of the Service materials or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Service or Content are trademarks belonging to the Service unless otherwise indicated. Any use, including framing, metatags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license are reserved by us.

c. Request for Permission to Use the Content

If you wish to use any of the Content, materials or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to health@annanaturally.com.

If you are granted permission by the Sole Trader, you agree to use the specific Content that the Sole Trader allows and only in the ways for which the Sole Trader has given you its written permission. If you choose to use the Content in ways that the Sole Trader does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Service and Content.
Confidentiality and Your Conduct In The Service
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Sole Trader and any third-party forums operated by the Sole Trader. Any material you post on the Sole Trader’s website or in any third-party forums operated by the Sole Trader may become public.

The Sole Trader is not legally bound to keep your information confidential. Nevertheless, the Sole Trader agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privileges.

You agree to keep all information you learn about the Service participants strictly confidential except in very rare circumstances where disclosure is required by law.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Sole Trader’s website and any third-party forums operated by the Sole Trader, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.

The Sole Trader, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Sole Trader’s and any third-party forums operated by the Sole Trader. The Sole Trader does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Sole Trader neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, contents or material on the Sole Trader website or any third-party forums operated by the Sole Trader. The Sole Trader shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Sole Trader website and any third-party forums operated by the Sole Trader.

You are strictly forbidden from the following:

Causing damage to any website or third-party forums operated by the Sole Trader;

Using any website or third-party forums operated by the Sole Trader for any unlawful, illegal, fraudulent or harmful purpose or activity;

Using any website or third-party forums operated by the Sole Trader to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software;

Using any website or third-party forums operated by the Sole Trader to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes;

Systematically or automatically collecting data from any website or third-party forums operated by the Sole Trader; and

Sharing private and proprietary information from the Program or Content with anyone else unless prior permission has been sought and granted.
Purchases
The purchase of any product or service made available through the Service, will require the supply of certain information relevant to your Purchase including, without limitation, your:
- Full Name
- Email Address
- Sex
- Postal Address
Payments and Refunds
All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped or appointment made.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Sole Trader, without any additional authorisation, for which you will receive an electronic receipt. You also agree that the Sole Trader is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise the Service will not continue and we reserve the right to terminate your access to the Service and all Content immediately and permanently.

If you fail to make payment in a timely manner in accordance with these TOU or voluntarily decide to withdraw from the Service at any time or for any reason, you will remain fully responsible for the full cost of the Service and all payments in any payment plan you choose. You agree to reimburse the Sole Trader for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Your satisfaction with the Service is important to us which is way we offer a 14-day guarantee. If after two weeks from the commencement of the course of engaging with the material and you’re feeling like it is not helping you. Please let our team know, and we will refund your full amount.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

(a) Anna Jolly Natural Health uses a number of payment gateways for:

(i) payments made by Customers to Anna Jolly Natural Health (Payments); and

(ii) refunds issued by Anna Jolly Natural Health to Customers (Refunds).

(b) In the process of making Payments, you may be re-directed to the platform used by that payment gateway (Payment Platform) and, in doing so, agree to the Terms of Use of such Payment Platform.

(c) Anna Jolly Natural Health reserves the right to change the preferred payment gateway, from time to time, without notice to any Customers.

(d) All transactions are processed in AUD figures.
Username and Password
To access certain features of the Service, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Sole Trader has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material or Content from the Program to any other person, the Sole Trader has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Sole Trader website Privacy Policy.
Termination
The Sole Trader reserves the right in its sole discretion to refuse or terminate your access to the Service and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Service or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Service and its Content will still apply now and in the future, even after termination by you or the Sole Trader.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.

b. You represent and warrant to Releasees that you are able to safely participate in the Service and have no medical condition that would make your participation in the Service more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician at your own risk.

c. You acknowledge that, by engaging with the Sole Trader for the Service, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Service, whether or not caused by the active or passive negligence of the Releasees.

d. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Sole Trader for the Service.

e. The Service and Content provide information and education only, and do not provide any medical or psychological services or advice. None of the Service or Content prevents, cures or treats any mental or medical condition. the Program and Content is not intended to be a substitute for professional advice that can be provided by your own medical professional/s. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Service.

f. Results Disclaimer. You agree that the Sole Trader has not made and does not make any representations about the results you may receive as a result of your participation in the Service. The Sole Trader cannot and does not guarantee that you will achieve any particular results from your use of the Service, and you understand that results differ for each individual.

g. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Sole Trader is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Sole Trader may recommend third-party sites, products or services, it is your responsibility to fully research such third-parties before relying on any third-party material or entering into any transaction or relationship with them.

h. The Sole Trader tries to ensure that the availability and delivery of the Service and Content is uninterrupted and error-free. However, the Sole Trader cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

i. The information, products and services offered on or through the Service and Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, the Sole Trader disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Sole Trader does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the website, including membership or course pages, or servers that make it available are free of viruses or other harmful components.

j. The Sole Trader shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or inability to use, the Service, including its materials, products or services made available through the Service.
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Sole Trader cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Sole Trader, you accept that you do so at your own risk.
Jurisdiction, Venue
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of New Zealand, without giving effect to its conflict of laws. The nearest provincial court to Canterbury, New Zealand closest to Christchurch, New Zealand shall have exclusive jurisdiction over any case or controversy arising from or relating to the Service or Content, including but not limited to the Privacy Policy or these TOU. By using the Service or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non-convenient.
Users Outside New Zealand
The Sole Trader controls and operates the Service from offices in New Zealand. The Sole Trader does not represent that materials on the Service are appropriate or available for use in other locations. People who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnification
You agree to defend, indemnify, release, and hold harmless the Sole Trader, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of the Service or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Sole Trader’s website or any third-party forum or website operated by the Sole Trader, (iv) your use of materials or features available on the Service or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Sole Trader) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Severability
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the province of Canterbury, New Zealand, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
Entire Agreement
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Links to Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by The Sole Trader.
The Sole Trader has no control over, and assumes no liability for the content, privacy policies or practices of any third-party web sites or services. By agreeing to these terms and conditions, you further acknowledge and agree that Anna Jolly Natural Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use or reliance on any such third-part content, goods or services.
Changes and Updates to Terms and Conditions
The Sole Trader reserves the right to modify these Terms and Conditions at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constituted your formal acceptance of the new Terms and Conditions.
We therefore ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes that are made, we ask and advise that you cease to use or continue to access this site.
Contact Us
If there are any queries pursuant to the above terms, please contact us via email at:
info@annanaturally.com