Disclaimer & Site Terms

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First of all and most importantly – IF YOU DO NOT AGREE TO THE FOLLOWING TERMS YOU MAY NOT USE THIS SITE.

Secondly, this site is blogging and social networking site. We do not sell Protocel®, Entelev® or any other dietary supplements on this website. Its purpose is to inform and discuss the personal opinions of individuals and to provide Health Coaching services and products.

Thirdly, by using this website you are Implicitly Agreeing with the following legal notice. If you do not agree, leave immediately.

Agreement

By use of this web site you agree to be bound by these terms and conditions and any other terms and conditions that may be posted from time to time on this web site. By using the ProtocelCoach.com website and/or email newsletter, you attest that you are not working directly or indirectly for any government or private agency with the purpose of misusing an individual’s right to seek information and do personal research. If you do not agree with any part of these terms and conditions you may not use this website.

Disclaimer

The information on this website is not intended to diagnose or treat any health condition but is intended to help individuals make informed decisions about natural health. This information does not substitute for treatment or advice that may have been prescribed by a physician. If you have a medical condition, you are advised to seek assistance from a trained medical professional. Products on this website have not been evaluated by the Therapeutic Goods Administration.

(AUSTRALIAN LAW: Therapeutic Goods Administration) Disclaimer as to Therapeutic Claims

Our website makes no therapeutic use claims. Therapeutic being defined by the Australian TGA as :

1. preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons or animals; or
2. influencing, inhibiting or modifying a physiological process in persons or animals; or
3. testing the susceptibility of persons or animals to a disease or ailment; or
4. influencing, controlling or preventing conception in persons; or
5. testing for pregnancy in persons; or
6. the replacement or modification of parts of the anatomy in persons or animals.

You, the consumer, accepts all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this site and any information, products or material available from it.

(Other International Health Disclaimers to be added soon here)

Terms and conditions of sale. 1^st January, 2009 – relating to any sale of goods or services.

1. All orders for products or services received on this website will be processed by SHAMA HOLDINGS, Pty Ltd, Australia trading as HEALTH-E-OPTIONS (known as “the Company”) and orders must be paid in full prior to despatch of order.
2. Products and prices may change without notice. The Company reserves the right to invoice goods at the current ruling price.
3. GST. Prices shown include 10% Goods and Services Tax applicable within Australia unless goods are exempt. Goods sold outside Australia are exempt from GST and will be 10% less than shown.
4. Currency. Prices of products may be displayed in local currencies but final purchase shall be charged in AUD (Australian Dollars).
5. Returns. All returns must be authorized in advance by the Company. A RETURN AUTHORIZATION must be issued before the Customer initiates the Return. Goods will be accepted for return and credit only if seals of containers are intact and items are unused and unopened, and are received at the Company warehouse address within 14 calendar days from the invoice date. A 10% restocking fee may be charged if returned goods are not fit for resale. Neither original nor return postage will be refunded to the customer unless the reason for return is because of a mistake or fault by the Company. The Company does not accept unauthorized C.O.D. returns, and delivery of such will be returned to sender with all C.O.D expenses payable by the customer. Goods that have been OPENED or where original seals have been broken are not returnable for hygiene reasons.

Privacy and Security

Health-E-Options does not provide, sell, trade, rent or disclose any details about its customers, potential customers or customer database to third parties other than name and postal address to our distribution agents for delivery of customer products. Personal information is treated with complete confidentiality.

Personal information means any information we hold about you from which we can determine your identity and perform a transaction with you. We will only collect personal information from you to the extent that it is reasonably necessary to provide products or services to you. By using this web site you consent to Health-E-Options collecting, storing, using, maintaining and disclosing your personal information to the extent that it is reasonably necessary for us to provide our products and services to you.

The type of personal information we may collect from you for these purposes includes name, mailing address, email address, telephone number and credit card type and number. The personal information we may collect from you would generally fall within reasonable expectations and allows Health-E-Options to provide a workable and efficient service to you. If requested by court or police order, we may be compelled to disclose your personal information to law enforcement agencies.

Health-E-Options will take reasonable steps to make sure that any and all personal information collected is accurate and complete. If you discover that any personal information that we hold about you is inaccurate, incomplete or out of date, please contact us immediately so that we can ensure that it is corrected.

Health-E-Options will take reasonable steps to protect your personal information from loss, misuse, unauthorized disclosure or destruction. Health-E-Options will, within 30 days of your written request, provide access to your personal information at no cost to you. However, where the law permits, we may refuse to provide you with access to your personal information, for example if legal proceedings have been issued and disclosure would be a breach of legal professional privilege (correspondence with a legal advisor made during the course of legal proceedings).

Health-E-Options will endeavour not to collect, use or disclose personal information about anyone under the age of 18 unless we have the consent of a parent or legal guardian.

Health-E-Options uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.

This website supports Secure Socket Layers (SSL) of 256 bits, High-Grade Encryption meaning your information is encrypted securely before being sent over the internet.

Intellectual property

All intellectual property on this website and in all other material produced by Health-E-Options is the property of Health-E-Options. None of the intellectual property on this web site or elsewhere may be reproduced, sold, distributed, posted, transferred, used, exploited, linked to or modified without first obtaining written permission from Health-E-Options. You represent, warrant and undertake not to do anything, or cause or permit anything to be done that may infringe, damage or danger any intellectual property rights of Health-E-Options.

Delivery Policy

After ordering online, you will receive an email confirmation from us containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via United States Post or the most appropriate courier within 2 working days; however if goods are unavailable delivery will take a little longer.

Liability

Health-E-Options assumes no responsibility and is not liable for any loss, damage or injury that may be suffered as a result of using products purchased from this web site and assimilation of information contained on this web site.

Under no circumstances is Health-E-Options liable for any injury, loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of :

>use of products purchased from with this web site or associated sites;

>assimilation of information associated with this web site or associated web sites or content found therein;

>the performance or non performance by Health-E-Options;

>death or injury caused by a negligent act or omission of Health-E-Options;

>loss or damage suffered by a third party as a result of use of products or information associated with this web site or associated web sites or content found therein.

General

The information contained about the products offered for sale on web site is not provided by a medical practitioner. Do not use products purchased from this web site without first consulting a medical practitioner. Do not use any products purchased from this web site without first reading the label affixed to the product and any other information that is delivered with the product. Health-E-Options does not warrant that any products purchased from this web site will satisfy your requirements and are fit for any particular purpose. Any implied warranties, including merchantability or fitness for a particular purpose are expressly excluded except where not permissible by law. Health-E-Options does not endorse any associated web sites. If you access other web sites using links provided on our web site you do so at your own risk.

Indemnity

You shall indemnify and keep Health-E-Options indemnified against all actions claims, losses, costs (including legal costs incurred or otherwise), damages and expenses that are suffered or incurred by Health-E-Options whether or not reasonable or otherwise forseeable or avoidable which arise directly or indirectly form any breach or alleged breach by you of any of these terms and conditions.

Governing Law

These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Victoria, Australia.

Changes

Health-E-Options reserves the right to change these terms and conditions, products, prices and information at any time without notice. Use of the site after any changes to these terms and conditions constitutes acceptance of those changes.

Entire Agreement

These terms and conditions constitute the entire agreement between Health-E-Options and you relating to the products displayed and information contained on this site and supersede any prior understanding or agreement relating to the products displayed and information contained on this site.

Severability

If a court of competent jurisdiction determines any provision of these terms and conditions to be invalid or unenforceable, such provision is to be enforced to the fullest extent permissible by law and such determination does not affect the validity and enforceability of any other provision of these terms and conditions.