Terms & Conditions

TERMS & CONDITIONS

We make it easy to eat the best superfoods, every day. Rare By Nature superfood products are to be consumed as natural foods. They do not prevent, cure or alleviate any disease, ailment or injury.

INTRODUCTION

Welcome to Rare by Nature, a producer of superfood capsules and skincare. Rare by Nature’s website is located at https://rarebynature.com/ (“Website”).  This Website is maintained and operated by Rare by Nature PTY LTD. (“Company,” “we,” “our” or “us”).

THESE TERMS AND CONDITIONS

These Terms and Conditions ("Terms and Conditions") apply to all customers, visitors, users, and other persons or entities that use or access the Website. Your access to and use of the Website is subject to these Terms and Conditions and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of the Terms and Conditions set forth below, you may not use any portion of the Website. You may use the Website only if you can form a binding contract with us and are not a person barred from receiving the Website under the laws of an applicable jurisdiction.

Certain software, features, products, information or materials that you access or use from the Website may be subject to additional terms and conditions presented to you at that time. In addition, some portions of the Website may be hosted or provided by our partners or third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those portions of the Website or on such third parties’ services or websites.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR RIGHTS. 

USAGE OF THE SERVICE

Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at hello@rarebynature.com

Authorized Use of Website:  Subject to your compliance with these Terms and Conditions, Company grants you access to and use of Website solely for your own personal, non commercial purposes. Any other use of the Website requires our prior written consent.

Unauthorized Use of Website: You may not do any of the following while accessing or using the Website: (i) copy, modify, or create derivative works based on the Website or reverse engineer, decompile, or disassemble the Website; (ii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute the Website or content available on the Website; (iii) use any automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures; (iv) take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,” “mail bombing” or “crashing” the Website; (v) circumvent security or user authentication measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions; (vi) use, display, mirror or frame portions of the Website within another Website, app or platform; (vii) resell use of, or access to, the Website to any third party; (viii) violate any applicable law or regulation, including laws concerning privacy and data security; and (ix) encourage or enable any third party to do any of the foregoing.

Termination of Access: In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Website, or your account at any time with or without notice and with or without cause, including if we determine, in our sole discretion, that you have violated these Terms and Conditions or pose a threat to the Website or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

Registration and Passwords: In order to access certain services on the Website, you must be over eighteen (18) years of age.  Further, you may be required to provide specific information to us about you, either directly or through a single-sign on process using third party credentials. All information about you must be truthful, accurate, current and complete at all times and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use under such access codes or passwords. We may suspend or terminate your access at any time for any reason with or without notice. 

Privacy Policy:  Use of the Website is also governed by our Privacy Policy, which is located at https://rarebynature.com/pages/privacy and incorporated herein by reference. To understand what information we collect from you and how we use that information, please read the Privacy Policy.

International Access: Our Website is maintained in Australia. By using the Website, you authorize the export of personal information and personal data to Australia and/or the USA and its storage and use as specified in this policy. We may transfer personal information and personal data from the EU to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal data of data subjects within the EU will be transferred in compliance with the requirements of the GDPR, such as the standard contractual clauses approved by the EU for cross-border transfers.

OWNERSHIP

Proprietary Rights: We are the owners of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, photographs, videos, articles, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties or other Website users. Unless we permit you to upload or share a specific item within the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by us.

No Ideas Accepted:  Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about the Website, advertising, promotion or merchandising of our products and services, changes to our product specifications, features or lines, changes to our services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

USER GENERATED CONTENT

Content Posted by You:  Certain pages on the Website may allow you to post reviews and other content, or to share information with other users of the Website (collectively, “Content”). Unless otherwise specified, you may only post Content to the Website if you are a resident of the United States and are eighteen (18) years of age or older.  Our Website acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the Content. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Content or for verifying the identity of the submitting user of our Website. Like any information you obtain through the Internet, you should verify Content before acting upon it. Company is not responsible for any losses you may incur as a result of relying on Content, even if we were advised of the possibility of such losses.

You may only post Content that you created or which the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions. By posting or distributing Content to the Website, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content to the Website; and (ii) the Content does not and will not infringe any intellectual property, privacy, publicity or any other third-party right nor violate any law or regulation.  Further, by submitting or posting Content to the Website, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium now known or hereafter invented, in perpetuity. Once you submit or post Content to the Website, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Website. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Website by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. 

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Email: hello@rarebynature.com

Subject Line: DMCA Notice

Prohibited Activities:  Company expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

is defamatory, abusive, obscene, profane or offensive, or contains “masked” profanity (e.g., F*@&#) or otherwise is offensive in our discretion;

infringes or violates another party's intellectual property, privacy, publicity or third party rights (such as articles, music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);

is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

promotes or encourages violence;

is inaccurate, false or misleading in any way, or constitutes impersonation of another person;

is illegal or promotes any illegal activities;

promotes illegal or unauthorized copying of another person's copyrighted work or provides information to circumvent security measures;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion.  Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.

THIRD PARTY MATERIALS

Third Party Content:  Under no circumstances will Company be liable in any way for any content, software or information, materials or data of any third parties (“Third Party Content”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content.  You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Website. Without limiting the foregoing, Company and its designees will have the right to remove any Third Party Content that violates these Terms and Conditions or is deemed by Company, in its sole discretion, to be otherwise objectionable.  We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Website or endorse any opinions expressed therein. You understand that by using the Website, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been labelled incorrectly or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise used or made available on the Website.

Third Party Links:  The Website may provide you with links or other access to other websites, social media platforms services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, social media platforms, services, products or content. You acknowledge and agree that you access such third party websites, social media platforms services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy statements of each and every application or website that you visit.  By using or accessing such third party applications and services you agree to comply with any and all of the applicable terms and policies of such third parties. We are not responsible for the practices or the content of such other applications or services.

E-COMMERCE TERMS

E-Commerce: In addition to these Terms and Conditions, all purchases of Company products are also governed by (i) our return, exchange, repair and other policies, found in https://rarebynature/pages/shipping-return-policy (“Shipping and Returns Policies”); and (ii) the terms, privacy policies and other conditions of our merchant, e-commerce and payments provider Shopify (“Shopify Terms”).  Please review all Shipping and Returns Policies and Shopify Terms before purchasing a product from or entering into any transaction with Company.  By purchasing a product from or entering into any transaction with Company, you agree to and accept the E-Commerce Policies and Shopify Terms. 

ADDITIONAL WEBSITE FUNCTIONALITY

Neutral Venue: You are solely responsible for your interactions with other users of the Website and Company bears no responsibility for your interactions with other users of the Website.  Further, Company is not party to any disputes between you and other members of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Website users. 

Ratings and Review: You may provide reviews for our Website and certain products or services offered therein.  The reviews are prompted from and managed by an external service named YotPo. If you decide to use the YotPo review tool, you agree to the Yotpo terms and conditions located at https://www.yotpo.com/terms-of-service/including without limitation, Sections 2, 3.2, 4, 7, and 9.  You further represent to us and YotPo that your use of the review tool, and any submissions you make are honest, personally made by you, are for non-commercial purposes only, and do not infringe or violate any applicable third party rights, rules, laws, or regulations.  We have no control over such reviews. Please note that although we do monitor reviews of our Website and/or our products or services, we do not endorse any such review, nor can we verify the accuracy or authenticity of any reviews. 

WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY

No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE OR ANY BENEFIT OR ADVANTAGE TO BE RECEIVED VIA USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification:  You agree to indemnify, defend and hold Company, our parent, subsidiary and affiliate companies, and each of our officers, directors, employees, agents, business partners, marketing and advertising agencies, affiliates, contractors, distribution partners and representatives (“Company Entities”) harmless from and against any and all claims, demands, liabilities, judgments, damages, costs or expenses, including attorneys’ fees and costs, arising from or related to your access to or use of the Website or any breach or alleged breach by you of any of these Terms and Conditions or applicable laws.

Limitation of Liability:  IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE OR FOR ANY DIRECT DAMAGES BEYOND FIVE HUNDRED DOLLARS ($500.00).  THESE EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTE RESOLUTION

Governing Law; Dispute Resolution; Arbitration: The laws of Australia shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions or the Websites ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the Australian Centre for International Commercial Arbitration (ACICA) and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the Australian Centre for International Commercial Arbitration (ACICA) and the arbitrator shall apply Australian law. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the Australian Centre for International Commercial Arbitration (ACICA) using the contact information noted below.

 

Australian Centre for International Commercial Arbitration (ACICA) 
Level 16, 1 Castlereagh Street, Sydney NSW 2000
Telephone: + 61 2 9223 1099
E-mail: secretariat@acica.org.au
Web: www.acica.org.au

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) . The arbitration will follow the procedures and rules of the Australian Centre for International Commercial Arbitration (ACICA) which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the Australian Centre for International Commercial Arbitration (ACICA) . An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the Australian Centre for International Commercial Arbitration (ACICA), the parties will mutually agree upon another arbitration organization that will enforce this clause.

Class Action Waiver:  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Changes: All information posted on the Website is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such rights by us, or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms and Conditions.  Our rights and remedies under these Terms and Conditions and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Questions:  Should you have any questions regarding these Terms and Conditions, you may contact us at hello@rarebynature.com