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terms & conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

The Website is owned and offered by nasanta Pty Limited (“nasanta”) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein ("Terms of Use"). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations. Nasanta may revise these Terms of Use from time to time without further notice by updating this posting. Continued access to the Website by you will constitute your acceptance of these Terms of Use and any applicable revisions.

The Website has been designed to provide general information about Nasanta and its business and to offer the opportunity to purchase Nasanta products. The information provided at the Website is not intended to provide medical advice. You should not construe Nasanta’s publication of any content on the Website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.

The Website contains information about products and therapies authorised in Australia, and is intended for an Australian audience. If you live outside Australia, you may see information on the Website about products or therapies that may not be available or authorised in your country. It is the policy of Nasanta to enforce its intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. Nasanta owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms of Use for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without the express written permission of Nasanta or, in the case of content licensed by Nasanta from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without the written permission of Nasanta. Any and all rights not expressly granted herein are reserved by Nasanta. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to Nasanta at the address listed on our Contact Us web page.

You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of Australia or any other country.

You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; or (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortious, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website. You, and not Nasanta, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, Australian law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website. Nasanta shall have the right, but not the obligation, to monitor or review your conduct on the Website.

While Nasanta is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Nasanta. Your submission of personal information to Nasanta constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Nasanta an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Nasanta is free to use them for any purpose. In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If Nasanta suspects that your Registration Data is inaccurate or incomplete, Nasanta may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused, to Nasanta and receive a refund of your purchase price. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Nasanta will take one of the following options: (i) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our returns policy. Discounts are limited-time offers and are not valid with other offers. For shipping, cancellation, and other ordering questions, please refer to our Online Customer Service page.

THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NASANTA AND ITS SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEB SITE FROM A LOCATION OUTSIDE AUSTRALIA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, NASANTA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. NASANTA MAY CHANGE THE WEBSITE AT ANY TIME, INCLUDING WITHOUT LIMITATION TO THE PRODUCTS AND PRICES DESCRIBED IN THE SITE, BUT DOES NOT ASSUME ANY RESPONSIBILITY TO UPDATE IT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW , NASANTA SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF NASANTA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST NASANTA RELATED TO THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

You shall indemnify, defend and hold harmless Nasanta, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. Nasanta shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Nasanta. The law of the state Victoria shall govern these Terms of Use, without reference to its choice of law rules. Nasanta reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

Copyright & Trademarks

The content on this website, including text, icons, packaging graphics are, and will continue to be, the property of the intellectual copyright holder in the name of, Nasanta. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Any unauthorised copying, redistribution or selling of such copyrighted material shall be deemed a serious breech of copyright, and as such any person found to be guilty of such act, shall be liable to prosecution under terms of Australian and international copyright laws. The contents of this Copyright statement extends to the design and coding of this website where applicable.

Disclaimer

The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional, nor is it intended as medical advice or to diagnose or treat any health condition. Echolife Australia makes no health claims about its products and takes no responsibility for any of products that are used outside of our recommended 'guidelines' or without you first consulting a medical practitioner or qualified health care professional. This site and the information contained therein is simply intended as a sharing of knowledge and information from the research and experience of the directors of Echolife Australia. Echolife Australia encourages you to make your own health care decisions and in partnership with a qualified health care professional.

1. Interpretation

1.1 In these terms and conditions and in any contract to which they apply: (a) "Seller" means Echolife Australia Pty Ltd or any other company that is a related body corporate of Echolife Australia Pty Ltd which accepts any order from the Purchaser for the Goods; (b) "Purchaser" means the person, association, partnership, company or business described as the buyer or purchaser on the quotation/order form/invoice/order confirmation/statement; (c) "Goods" means any items, goods or materials sold by the Seller to the Purchaser or which the Seller has agreed to sell to the Purchaser subject to these terms and conditions; (d) "Act" means the Trade Practices Act 1975 (Cwth) as amended from time to time and also the applicable laws of any State or Territory of Australia corresponding thereto (including the Fair Trading Act 1999 of Victoria) and any reference to any section or part of that Act also includes a reference to the corresponding provisions (if any) of such laws; and (e) headings and bold type are for convenience only and do not affect the interpretation of this contract; (f) words importing the singular include the plural and vice versa; (g) words importing a gender include any gender; (h) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate; (i) other parts of speech and grammatical forms of a word or phrase defined in this contract have a corresponding meaning; and (j) a reference to a part, paragraph, clause, party, annexure, exhibit or schedule is a reference to a part, paragraph and clause of, and a party, annexure, exhibit and schedule to, this contract.

1.2 These terms and conditions of sale apply to the sale and supply of all the Goods to the exclusion of all other terms and conditions whatsoever whether contained or implied in or from any order from the Purchaser or from any conduct of or representations made by the Purchaser or the Seller.

2. Quotations and Creation of Binding Contract

2.1 Any quotation made by the Seller or its agents does not constitute an offer to supply or sell the Goods to the Purchaser or any other person and no binding contract will exist between the Seller and the Purchaser unless and until the Seller accepts an order for the Goods from the Purchaser by the Seller issuing an order confirmation to the Purchaser or the Seller delivering the Goods to the Purchaser, whichever is the earlier. Upon doing so, a contract (hereinafter referred to as "this contract" or "the contract") will be created for the supply of the Goods the subject of the order by the Seller to the Purchaser and incorporating all these terms and conditions of sale into the contract.

2.2 If the Purchaser seeks any variation to an order after the Seller has issued an order confirmation then the Seller is free to either accept the variation or not and if the Seller does not agree to the variation then the Seller is free to terminate the contract without any liability on the part of the Seller. If the variation is sought at any time after the Seller has incurred labour costs, purchased materials or commenced production in respect of the order then the Purchaser shall be liable for the full purchase price notwithstanding any termination of the contract by the Seller.

6. Title and Risk

6.1 (a) Property in and title to all Goods sold or supplied by the Seller shall remain with the Seller and shall not pass to the Purchaser (notwithstanding that the Goods or some part of them may have been delivered to the Purchaser) until the Purchaser has paid all sums owed by it to the Seller in respect of those Goods, and the Seller shall be entitled to a general lien on all goods of the Purchaser in the possession of the Seller whether paid for or not and whether in respect of this or any other contract. (b) The Purchaser acknowledges and admits that until such time as the Goods are sold by the Purchaser to its customers by way of bona fide sale for market value it shall hold the Goods as bailee for the Seller and the Seller is contracting with the Purchaser in reliance on this provision and that the Purchaser shall be stopped from denying this admission. (c) The Seller shall be entitled to recover, or require immediate re-delivery of the Goods on demand and for the purpose of such recovery or re-delivery of Goods the Seller shall be entitled and the Purchaser hereby grants to the Seller, its officer, servants or agents full and unrestricted licence to enter upon the premises of the Purchaser (or other premises at which the Goods may be located) to remove the Goods from such premises and such return or re-taking of possession shall be without prejudice to the obligation of the Purchaser to purchase the Goods if the Seller so requires (whether or not subject to any condition as to payment or otherwise which the Seller in its sole discretion may impose). (d) The Purchaser agrees to store the Goods separately so as to indicate the Seller€s ownership of the Goods and to keep full records of them, until the Purchaser has paid all sums owed by it to the Seller in respect of those Goods.

6.2 Goods supplied by the Seller to the Purchaser shall be at the Purchaser's risk immediately on delivery to the Purchaser or into the custody of the Purchaser or its agent (whichever is the sooner) and the Purchaser should insure the Goods thereafter against such risks as it thinks appropriate.

6.3 The Purchaser and Seller agree that the provisions of this clause apply notwithstanding any arrangement between the parties under which the Seller grants the Purchaser credit in excess of the credit allowed herein.

8. Purchaser's Warranties and Indemnities

8.1 The Purchaser warrants to the Seller that product liability insurance insuring the Purchaser and the Seller against any future product liability claim in respect of the Goods with a reputable insurer is in place at the date of the contract and will be maintained, at the cost of the Purchaser.

8.2 The Purchaser hereby indemnifies and agrees to keep indemnified the Seller against any liability, loss, damage, expense or cost incurred or suffered as a result of the use by any person of any of the Goods except where and to the extent such liability, loss, damage, expense or cost is caused by the negligence of the Seller. The parties acknowledge that where the Seller has manufactured the Goods in accordance with the specifications of the Purchaser, the Seller shall not be negligent for the purposes of this clause.

8.3 The Purchaser shall be responsible for ensuring all materials and other items delivered by the Purchaser or on the Purchaser€s behalf to the Seller are of a merchantable quality, fit to be used by the Seller in supplying the Goods and free from any defects.

8.4 The Purchaser hereby indemnifies and agrees to keep indemnified the Seller against any liability, loss, damage, expense or cost incurred or suffered as a result of any materials and other items delivered by the Purchaser or on the Purchaser€s behalf to the Seller and used by the Seller in supplying the Goods which are not of a merchantable quality nor which are fit to be used by the Seller in supplying the Goods or which are defective, including any costs and overhead expenses incurred because of the Seller having to repeat a production run.

9. Limitation of Liability

9.1 Subject to clauses 9.2 and 9.3 below, all guarantees, conditions, terms, warranties, promises, representations or obligations written or oral expressed or implied by conduct agreement statute or otherwise in relation to the subject matter of this contract which are not expressly stated herein or necessarily implied by law where it is unlawful or not valid to exclude the same are hereby expressly excluded from this contract and all sales or supply of Goods under it.

9.2 Nothing herein contained shall exclude restrict or modify the rights or remedies of any person or any implied conditions warranties or undertakings provided for in relation to the subject matter of this contract under the Act which cannot be lawfully or validly excluded restricted or modified by agreement between the parties.

9.3 Should the Seller be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (not being a condition or warranty implied by Section 69 of the Act) the liability of the Seller for such breach shall, subject to Section 68A of the Act, be limited to one of the following as determined by the Seller in its discretion: (a) the replacement of the Goods; or (b) the supply of equivalent Goods.

9.4 Subject to clauses 9.2 and 9.3 above, the Seller shall not be responsible or liable to the Purchaser or any other person for and the Purchaser hereby releases the Seller from: (a) any non-performance or delay in performing any obligation under this contract or any damage to or defect in any Goods supplied to the Purchaser which is caused or influenced by any circumstances beyond the control of the Seller including, but without being limited to, any matter or circumstance caused by or arising from or out of any act of God, flood, lightning, storm, fire, explosion, act of war, riot, third party malicious damage, third party theft, break-in, industrial action or dispute or governmental or industrial embargo, machinery breakdown or any other exceptional or unexpected cause; or (b) any liability in tort or contract or otherwise for or in respect of any direct, indirect and/or consequential loss, damage, expense or injury occasioned or suffered by the Purchaser or any other person due to or arising out of or in connection with the performance, non-performance or any breach or other matter arising out of this contract including negligence or wilful act or default of the Seller or any of its officers employees or agents and for the purposes of this clause "consequential loss" shall include but shall not be limited to loss of profit, use and/or goodwill and any payment made or due to any third party and any loss or damage caused by delay in the satisfaction of any obligation under this contract or any order together with any expenses incurred by the Purchaser in connection therewith or arising or incurred in mitigation or attempted mitigation of such loss or damage.

10. Authority to Vary Terms and Conditions

10.1 No manager, employee, servant, agent or representative of the Seller (other than a director and then only in writing) has any authority to vary these terms and conditions or any of them and without limiting the generality of the foregoing no warranty, representation, promise, agreement, term or condition whether express or implied made by any such person shall be deemed to be included in or form part of these terms and conditions of sale or operate in any way collateral to these terms and conditions of sale other than those warranties, representations, promises, agreements, terms or conditions which expressly appear herein or which are implied by law and not excluded under clause 9.

11. Exclusion of Previous Agreements

11.1 The provisions herein contained override and replace all terms and conditions of any previous contract between the Purchaser and the Seller to the extent of any inconsistency between these provisions and those terms and conditions.

12. Waiver

12.1 Any delay in or failure by the Seller to insist upon strict performance of any term, warranty or condition of the contract shall not be deemed a waiver thereof or of any rights the Seller may have and no express waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

13. Severance

13.1 If any provision of this contract shall be determined by any statute or any court having jurisdiction in relation thereto to be illegal invalid void voidable or unenforceable the legality validity or enforceability of the remainder of this contract shall not be affected and the illegal invalid void voidable or unenforceable provision shall be deemed deleted herefrom to the same extent and effect as if never incorporated herein but the remainder of this contract shall continue in full force and effect.

14. Governing Law

14.1 This contract shall be governed by and interpreted in accordance with the laws for the time being in force in Victoria and the parties agree to submit to the non exclusive jurisdiction of the courts of Victoria.

15. Survival

15.1 These terms and conditions shall survive any accepted repudiation or other termination of the contract to supply to Goods existing between the Seller and the Purchaser.

16. GST

16.1 In this contract: "GST" or "Goods and Services Tax" means a tax, duty, levy, charge or deduction, imposed by or under a GST law, together with any related additional tax, interest, penalty, fine or other amount imposed in respect of the above. "GST law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999. "Supply" has the same meaning as given by section 195 of the GST law.

16.2 All prices payable by the Purchaser to the Seller for the supply of the Goods are inclusive of GST.

16.3 To the extent that any moneys payable by the Purchaser to the Seller under an indemnity in this contract or for breach of warranty are regarded, for the purposes of the GST law, as consideration (in whole or part) for a taxable Supply made by the Seller, the Purchaser must pay an additional amount to the Seller calculated by multiplying the prevailing GST rate by the consideration payable to the Seller for the relevant Supply. NASANTA ABN Suite 137, 738 Burke Rd, VIC 3124 Australia

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