Disclaimer
The content on this Site is for general information purposes only (please read Terms of Use for full details). The Orchard Rose makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose.
The Orchard Rose may recommend and/or review other products, services, coaches, and consultants but this is not to be used as endorsement by The Orchard Rose, rather it may be of value to the reader. You, the reader, are responsible to conduct your own research regarding any recommendations provided to ensure information obtained is accurate.
The Site also may contain affiliate links, if you click on the link and make a purchase on a third party website, the Owner may receive a commission from this link, at no further cost to you. The commissions help to support content on the Site. The Orchard Rose has no control of, nor can they be held liable or responsible for any content presented on these affiliate or third party websites for any damages resulting from them.
This Site may include product images from other websites and logos of manufacturers in the review of said products. In doing so, no copyright is claimed for this kind of content on the Site. If you believe any material has been used in an unauthorised manner, please contact me.
Terms of Use
Effective Date: 04/06/2023
Welcome to TheOrchardRose.com (Site). Please read Privacy Policy and Disclosure for further information.
General
- The term ‘the Website’ or ‘Site’ refers to theorchardrose.com and all online membership/course sites connected to The Orchard Rose (company).
- The term ‘us’, ‘we’, ‘I’ or ‘our’ refers to theorchardrose.com the owner of the website.
- The term ‘you’ or ‘the reader’ refers to the user or viewer of the website.
- This website is intended for audiences within Australia and the USA. The Orchard Rose does not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. The Orchard Rose makes no representation that the information provided on the site including any products and/or services are available or appropriate for use in locations including but not limited to the European Union as outlined in the General Data Protection Regulation.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither The Orchard Rose nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Consent to site terms
By using the Site or Service and/or ordering a Digital Product from the Site, you agree to and are bound by the following terms and conditions of use, which together with the Privacy Policy govern The Orchard Rose relationship with you in relation to this Site. If you disagree with any part of these Terms of Use, please do not use the Site.
No minors
All information and content on this Site is intended for individuals 18 years and older. You must be 18 years or older and have the legal capacity to enter into a legally binding contract to use this Site.
General information is not medical advice
The information provided on this Site is for educational and informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. I encourage you to seek the advice of your general practitioner, physician or other qualified healthcare provider with any questions you may have regarding a medical condition or any changes/modifications related to your unique health and wellbeing.
The provision of information on this Site is aimed to be sourced from evidence-based research, professional and personal experience but it is not intended to be a complete or comprehensive resource on all matters related to health and wellness. The Orchard Rose does not guarantee the accuracy, completeness, or usefulness of the information provided on this Site, and thus shall not be liable for any errors or omissions or any losses, damages, or other liabilities that may arise from the use of the information provided on this Site.
The content on the Site does not establish a therapist-client, coach-client, supervisor-client or mentor-client relationship between you and the Owner of the Site. The information provided is not intended to be used as provision of health care, medical or nutritional therapeutic services, nor does it attempt to prevent, diagnose, treat or cure any physical or mental health condition or disease.
You are solely responsible for your own health and wellness, and should conduct your own research when making decisions about your own health care.
Changes to terms of use
The Orchard Rose reserves the right to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If this occurs, changes will be posted on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of this Site after any such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, do not use or access this Site. It is your responsibility to regularly check this page to determine if there has been any changes to these Terms of Use and to review such changes.
Governing law
Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of Australia.
All Terms of Use and your use of this Site shall be governed by and construed in accordance with the laws of the State of NSW, Australia. In relation to any dispute, I ask that you contact me, in writing, in the first instance so that both parties, in good faith, can resolve the dispute to our mutual satisfaction as quickly and as cost effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of NSW, Australia.
Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
Intellectual property
All content on this Site including text, posts, logos, original photography, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, download and all other information here is owned by us and is protected by copyright. You are granted a limited revocable license to print and/or download content from the Site for your own personal use while ensuring that it is not in violation of any copyright, trademark and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, sell, rent or license any part of the content in any way to others, without prior written consent from the owner of The Orchard Rose.
Limitation of liability
You agree that that under no circumstances are we liable for any direct or indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of the Site (including all content, products and services).
You also agree that we shall not be liable to you for any damages resulting from any errors or omissions on the Site, delay or denial of any products or services, failure of performance of any kind, interruption in the operation of your use of the Site, Site attacks including computer virus, hacking of information and any other system failures, any loss of income, theft or unauthorised access by a third party of your information from the Site, any misuse of the information, products and/or services offered here.
You agree that your use of the Site is at your sole risk and that you are solely responsible for the accuracy of any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the Site.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented on the Site, and you accept that the Site does not promise you any particular results.
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
Indemnification
To the fullest extent permitted by applicable laws, you are to indemnify, and hold us harmless from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these terms and/or arising from a breach of these terms and/or any breach of your representations and warranties set out in these terms or your breach of any law or the rights of a third party.
Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offense.
Use of this website
You agree not to infringe on the rights of, or restrict or inhibit the use and enjoyment of this Site. In your use of this Site, you agree not to upload, post, transmit, distribute, send, email or submit to the Site, or any of our Social Media Sites, any information or content that is –
- Illegal, violates or infringes upon the right of others,
- defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, threatening,
- encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
- distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
- any attempts to gain unauthorised access to any portion or feature of the Site, and
- send unsolicited or unauthorised material or cause disruption in the operation of the Site.
You acknowledge that The Orchard Rose reserves the right to monitor communications made to or using this Site and any breach of use of the Terms of the Site may result in immediate termination of your access to the Site.
You agree to use the Site for lawful purposes only and you shall be liable for damages resulting from violation of any provision contained in these Terms of Use.
Links to other websites
This Site may include links to third party websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You assume all risks for using these third party websites and we shall not be liable for any damages resulting from your use of these third party websites and/or resources.
We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites.
Digital Products
Products may be available on this Site without a need to purchase them through financial means. You agree and accept to full responsibility and risk for downloading and using these products. You agree that it is your responsibility to ensure that you have appropriate programs available to access and use the downloadable products and that is not a reason for which we can offer a refund.
All digital products are for personal use only, you agree not to disseminate the product to others, including modification/copying of products, the use of the product for commercial purposes or transfer of the product to another person.
Sharing, reselling or distribution of digital products, as well as any other proprietary information owned by us and the site is prohibited.
Payment and refunds
Payment for all digital products will be in AUD (Australian Dollars) unless otherwise specified.
Due to the digital nature of products and courses, we do not offer refunds, unless required under Australian Consumer Law. The onus is on you to read the product page thoroughly.
Testimonials
We present real-life examples and opinions of other peoples experiences for illustration purposes only and any results achieved are due to the individuals themselves. Testimonials are not intended to represent or guarantee that any current of future users of our Site (including products and services) will achieve the same or similar results.
Ceasing website
We have the right to discontinue this Site, with or without notice to you. We hold the right to exclude any person from using our Site, at any time and at our sole discretion.
Entire agreement
The Terms of Use (along with our Privacy Policy and Disclaimer) contained on this site constitutes the entire agreement between us and you concerning your use of this Site and social media accounts belonging to The Orchard Rose. It supersedes all prior communications, discussions, negotiations, and agreements (written, oral or electronic) with respect to this Site and your use of the Site.
By using our Site, you agree to these Terms of Use in full. If you disagree with these Terms or any part of these Terms of Use, you must not use our Site.