About These Terms And Conditions
In these Terms and Conditions “we” and “us” mean Clare Darwish operating as Pura Vitalis (PV) in this context and “you” means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between PV and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australia & International Sales Only
We only sell and ship digital, ‘paper’ and ‘health food’ products anywhere except to the Russian States, Ukraine, and African Countries.
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2021. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Clare Darwish, Pura Vitalis, or Puravitalis, or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained on this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst PV makes every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
You must indemnify and hold PV and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees, and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify PV under this Section, PV will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from PV.
Limitation of Liability
In no event shall PV or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, or consequential damages including but not limited to loss of use, loss of data, loss of business, or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Legal Capacity To Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age of eighteen (18) years you cannot place orders with PV. Should PV suffer any damage or other losses as a result of a transaction entered into by a minor, PV reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with PV.
Placing Your Order
You may place an Order by adding items to ‘My Cart’ on PV Web Site and clicking the “Check Out” button. When you place your order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the PV website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however, PV will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. PV and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. We will confirm acceptance of your order when we send you an email confirming the shipment of the goods or the provision of a link to a digital product you have ordered. If we cannot process or accept your Order after payment is received we will make every reasonable means to contact you by email.
Payment Methods And Processing
PV uses PayPal’s fully secured payment gateway at this stage as a service to its clients.
PV’s Commitment to Online Security
Your personal information is treated with the greatest of care. Sensitive payment information such as credit card details is NEVER stored on the Internet or within our system.
How Your Information May Be Shared
We never sell or rent your personal information. PV may release personal information under the following circumstances:
- Where release is required by law (for example, a subpoena) or regulation or is requested by a government agency;
- Where our records indicate a company or an individual may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of;
- To appropriate persons, where your communication suggests possible harm to others.
Invite a friend
Our site’s registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company. Your contact information is also used to contact you when necessary.
PV uses PayPal’s fully secured payment gateway as a service to its clients.
PV may use “session” cookies, which are removed from your computer once you leave PV. These are used so our service can remember that you have logged in already and prevent you from doing so more frequently. The technology we use (InfusionSoft), requires the use of session cookies. Session cookies expire and are deleted after 30 minutes of no activity on PV.
PV may also persistent cookies to personalize the user experience, to help protect our members, and to provide us with research information (such as how often members visit SMR each month). Persistent cookies allow us to track users on PV and help us identify users abusing the SMR service.
If you wish to be removed from our database for any reason, simply send us an email requesting to be removed via our contact us page.
Updates to our information practices
GST is not applicable at this time unless otherwise stated on the Product listing.
PV will use its best endeavors to list Products in an easy-to-read and comprehendible manner. PV reserves the right to change prices for Products displayed on the PV website at any time. The price ascribed to a ‘digital download’ or exclusive ‘link’ provided is deemed to be a product and accordingly attracts a ‘price per product’. A ‘paper’ product such as hard copy material is deemed to be a product and accordingly attracts a ‘price per product’ plus any additional postage or freight, where applicable. Digital downloads such as e-books or an exclusive ‘link’ do not attract additional postage or freight costs.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. You will be requested to open a link to your digital downloadable product or provide your name and address details for any ‘paper’ products.
Delivery Of Your Products
Delivery of your ‘paper’ purchase is dispatched by Australia Post. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. We will use our reasonable efforts to deliver your Products to you within 14-21 days; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery. All digital downloads will be available on the day of receipt of any/all appropriate links as stipulated in our product offer.
Your Rights To Return A Product
Only credits are offered on ‘paper’ products if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order. Refunds cannot be offered on digital downloads where links are provided due to the ubiquitous nature of the delivery process. Credits may be offered on ‘paper’ and ‘health food’ products at our discretion. See Refund Policy below.
You may be entitled to a credit on ‘paper’ and ‘health food’ goods, provided you return the item to us within 14 days of your order being dispatched. The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. This includes the return of the original packaging including labels and tags still being attached. If the returned item is in a noticeably used condition, then a credit may not be offered. Any CDs and DVDs may not be exchanged unless required by legislation. Return postage is at your expense. We will issue you a credit to the value of the item, once the item is returned. Once we have received your returned item or the refund has been approved according to your issue, we will then send you either notification of the receipt of your item and/or an email issuing you a credit Refund. The type of Refund will be based on previous discussions, as to the type of problem. You will either receive a Refund on your nominated credit card or via PayPal’s refund system.
Cancellation Fees relating to any events purchased through the SMR website or by phone, email, or in person, is subject to the following conditions:
1. 14 days prior to the event, a 10% cancellation fee will apply
2. 72 hours prior to the event, a 50% cancellation fee will apply
3. 24 hours prior to the event, or failure to attend on the day, a 100% cancellation fee will apply
We will refund any ‘paper’ items damaged in transit, at our cost, just as soon as we receive the damaged item back. We apologize for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker.
Return Authorisation Number – A Must Have
A Return Authorisation Number (RAN) is required for all refunds and credits on ‘paper’ products. Where Customer Service has provisionally determined that a Product is DOA, PV will issue you with a RAN. Products cannot be returned without a RAN. The Product should be returned to PV within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation, and registration that shipped with the Product.
Computer Hardware – Exclusions and Limitations
PV is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any PV warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, PV will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with PV Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. PV specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a link has been clicked and consequential damage may occur to your computing device PV will in no manner whatsoever be held responsible for any damage incurred. Active virus protection protocols are operated by PV and its ‘back end’ services supplier Woocommerce.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise. Our maximum aggregate liability for any Product supplied to you whether, in contract, tort (including negligence), or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data – Use And Protection
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of PV. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in PV for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option SMR, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Conditions. PV reserves the right to change the Terms and Conditions of sale at any time. No PV employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SMR. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and SMR are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
PV shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of PV, and PV shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.