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Terms and Conditons

Terms and Conditions

Please read these Terms and Conditions carefully before using this website or purchasing from Kura Health. By accessing or using our website, placing an order, creating an account, downloading any resource, joining our email list or otherwise engaging with us, you agree to be bound by these Terms and Conditions in full. If you do not agree, you must not use this website.

These Terms and Conditions are a legally binding agreement between you and Kura Consulting Pty Ltd (ABN 72 661 519 437) trading as Kura Health, a company registered under the laws of Victoria, Australia. References to “Kura Health”, “we”, “us” or “our” in this document mean Kura Consulting Pty Ltd trading as Kura Health.

1. About Kura Health

Kura Health provides educational content, resources, products and tools relating to family wellbeing, low-tox living, herbal education, home care, nourishment, lifestyle and natural health. Our content is designed to support informed, intentional living. It is not a substitute for personalised medical or professional health advice.

2. Educational and Informational Purposes Only

All information provided by Kura Health including content on our website, blog, emails, social media, product pages, guides, downloads, courses, recipes, checklists, protocols, and other resources — is provided for general educational and informational purposes only.

Nothing on this website is intended to be, or should be taken as, any of the following:

• Medical, naturopathic, nutritional or herbal advice specific to your individual circumstances

• A diagnosis of any kind

• Treatment, prescription, or protocol for any disease, condition, or illness

• Prevention or cure of any disease or medical condition

• A replacement for consultation with a qualified and registered health practitioner

Before making changes to your health routine, using herbs or supplements, changing your diet, beginning a detoxification or cleansing practice, or using products during pregnancy, breastfeeding, or with babies, children, older adults, or anyone with a medical condition, you should always consult your doctor, naturopath, herbalist, pharmacist, dietitian, midwife, maternal and child health nurse, or other appropriately qualified and registered healthcare practitioner.

3. No Practitioner-Client Relationship

Your access to or use of this website, purchase of products, completion of forms, reading of content, downloading of resources, joining of programmes, or communication with Kura Health does not create, and must not be construed as creating, a practitioner-client, patient-practitioner, doctor-patient, therapeutic, or fiduciary relationship of any kind. Unless expressly stated in a separate signed written agreement, Kura Health does not provide personalised healthcare, medical diagnosis, medical treatment, or emergency health advice.

4. Natural Health, Herbal and Wellness Information

Natural health products, herbs, supplements, essential oils, foods and lifestyle practices may not be suitable for everyone. Individual needs vary depending on age, health history, medications, pregnancy, breastfeeding status, allergies, sensitivities, medical conditions and other factors. Before using any herb, supplement, product, remedy, recipe or wellness practice discussed by Kura Health, you are solely responsible for:

• Determining whether it is appropriate for your individual circumstances;

• Checking for interactions with any medications, supplements, or treatments you are using;

• Seeking independent professional advice where warranted.

Do not delay seeking medical care or disregard professional advice because of something you have read on the Kura Health website, in our resources, in our emails, or on our social media platforms.

5. Medical Emergencies

Kura Health does not provide emergency medical advice. If you or someone in your care may be experiencing a medical emergency, severe allergic reaction, poisoning, difficulty breathing, severe pain, pregnancy complication, infant illness, or any other urgent or life-threatening condition, you must seek immediate medical attention.

In Australia:

• For life-threatening emergencies, call 000

• For urgent but non-life-threatening medical matters, call 13 HEALTH (13 43 25 84)

• For mental health crisis support, contact Lifeline on 13 11 14 (available 24 hours)

6. Therapeutic Goods and TGA Compliance

Where products listed on this website may constitute therapeutic goods under the Therapeutic Goods Act 1989 (Cth), Kura Health acknowledges its obligations under that Act and under the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (“the Code”).

In particular:

• Product descriptions are provided for general information only and must not be interpreted as a claim that any product can diagnose, treat, prevent or cure any disease, ailment or health condition, unless such a claim is lawfully permitted under the Act and the Code;

• Kura Health does not make prohibited representations, as defined under the Therapeutic Goods Regulations 1990, in connection with any product;

• Where mandatory statements are required by the Code to be displayed in connection with the advertising of therapeutic goods, Kura Health will display those statements as required;

• Testimonials and endorsements published on this website comply with Part 6 of the Code. Only genuine, unpaid testimonials from persons who are not engaged in the production, marketing or supply of the relevant goods are published. Testimonials do not constitute an endorsement from any current or former health practitioner, health professional or medical researcher.

• Kura Health does not guarantee any particular health outcome from using any product, herb, supplement, food, guide, recipe, remedy or lifestyle practice.

• Nothing in these Terms constitutes a warranty against defects in addition to those implied by law.

7. Product Information and Accuracy

We aim to ensure that product descriptions, ingredients, prices, availability and images are accurate and up to date. However, product information may occasionally contain errors, omissions or outdated details. Packaging, ingredients, labels and availability may change without notice. Kura Health does not warrant that product information is error-free, complete, or current at the time you read it.

Before using any product, you should read the product label, warnings, ingredients list, directions for use and any manufacturer information carefully. If you have known allergies, sensitivities or medical conditions, are taking prescription or over-the-counter medications, are pregnant or breastfeeding, or are purchasing for use by a baby, child or older adult, you must consult a qualified and registered health practitioner before use.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) (“ACL”). Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy you may have under the ACL or any other law that cannot be lawfully excluded or limited.

For goods, the ACL guarantees that they will be of acceptable quality, fit for any disclosed purpose, match their description and any sample, and come with clear title. For services, they will be rendered with due care and skill. Where a major failure occurs, you are entitled to a refund or replacement at your election. Where a failure is minor, we are entitled to choose between a repair, replacement or refund.

To the extent permitted by law, where a product or service fails to meet a consumer guarantee and that failure does not amount to a major failure, our liability is limited to (at our election): supplying the goods or services again; repairing or having the goods repaired; paying the cost of having the goods or services resupplied or repaired; or refunding the amount paid. This limitation does not apply where the failure is a major failure.

9. Unfair Contract Terms

These Terms and Conditions constitute a standard form contract. Kura Health is aware of its obligations under the unfair contract terms regime contained in Part 2-3 of the ACL, as amended by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022, effective 9 November 2023. We do not seek to include any term that would cause a significant imbalance in the parties’ rights and obligations, that is not reasonably necessary to protect our legitimate interests, or that would cause detriment to a consumer if applied or relied upon. If any term of this agreement is found by a court or tribunal to be void, unenforceable or unfair, that term shall be severed to the minimum extent necessary and the remainder of these Terms shall continue in full force and effect.

10. Orders and Purchases

When you place an order through our website you agree to provide accurate, complete and current information. A contract for the purchase of goods is formed when we send you an order confirmation or dispatch notification, not when you place your order. We reserve the right, in our sole discretion, to accept, reject, cancel or limit an order where:

• An item is unavailable or becomes unavailable after your order is placed;

• There is a genuine error in pricing or product information;

• Your payment is declined or cannot be verified;

• We reasonably suspect fraud, identity misuse or misuse of our systems;

• Shipping restrictions apply to the product or destination address; or

• We are unable to fulfil the order for reasons beyond our reasonable control.

If we cancel an order after payment has been received, we will issue a full refund of the amount paid for the cancelled items. This does not limit your rights under the ACL.

11. Pricing, GST and Payment

All prices displayed on this website are in Australian dollars (AUD) and include Australian Goods and Services Tax (GST) where applicable, unless otherwise stated. We reserve the right to correct any genuine pricing errors at any time, including after an order has been placed. Where we correct a pricing error after you have placed an order, we will contact you promptly and give you the choice to proceed at the corrected price or cancel your order for a full refund.

Payment must be received in full before we process and dispatch any order. Payments are processed by third-party payment providers. We do not store, access or retain full credit card, debit card or financial account details on our own systems. Use of third-party payment platforms is subject to those providers’ own terms and conditions.

12. Shipping and Delivery

Shipping costs, available delivery methods and estimated delivery timeframes are displayed at checkout or on our Shipping Policy page. Delivery timeframes are estimates only and may be affected by carrier delays, public holidays, weather events, incorrect delivery addresses, stock availability or other circumstances outside our reasonable control.

Risk of loss or damage to goods passes to you upon delivery of the goods to the address you provided at checkout. If goods are lost or damaged in transit through no fault of yours, your rights under the ACL continue to apply.

It is your responsibility to provide a complete and accurate delivery address. We are not liable for goods lost, delayed or undelivered due to an incorrect or incomplete address provided by you, subject to your rights under the ACL.

13. Returns and Refunds

Returns and refunds are governed by our Returns Policy and the ACL. Where a product is faulty, unsafe, materially not as described, not fit for any disclosed purpose, or otherwise fails to meet a consumer guarantee under the ACL, you are entitled to a remedy in accordance with the ACL. We will not impose any conditions on exercising your statutory rights that are not consistent with the ACL.

We are not required by law to provide a refund or exchange simply because you have changed your mind, ordered the wrong item, found the product cheaper elsewhere, or no longer want the product, unless our Returns Policy expressly permits this. This clause does not limit any rights you have under the ACL.

14. Digital Products, Downloads and Online Resources

Kura Health may offer digital products including guides, templates, courses, checklists, meal plans, protocols, ebooks and other downloadable resources. All digital products are provided for your personal, non-commercial use only unless a separate written licence expressly permits otherwise.

Due to the nature of digital products, refunds will generally not be available once access has been granted or download has commenced, except where required by the ACL (for example, where the product does not function as described, or fails to meet a consumer guarantee).

You must not copy, share, resell, distribute, reproduce, upload, publish, broadcast or otherwise commercially exploit any digital product purchased from Kura Health without our prior written permission. Any authorised use of digital products must include appropriate attribution to Kura Health.

15. Email Marketing and the Spam Act 2003

When you subscribe to our email list, download a resource, make a purchase or otherwise opt in, we may send you commercial electronic messages (“CEMs”) including educational content, product updates and promotional offers. We comply with the Spam Act 2003 (Cth) and the Spam Regulations 2021. In particular:

• We only send CEMs where we hold your express consent or, where the law permits, your inferred consent based on a provable, ongoing commercial relationship directly related to the subject matter of the message;

• Every CEM we send clearly identifies Kura Consulting Pty Ltd trading as Kura Health and includes our ABN (72 661 519 437);

• Every CEM includes a functional, free-of-charge unsubscribe facility;

• Unsubscribe requests will be actioned within five (5) business days of receipt; and

• We maintain records of consent in accordance with ACMA guidance.

All email content is provided for general educational and informational purposes only. It does not constitute personalised medical or professional health advice.

16. Privacy and Data Protection

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our website. Our Privacy Policy explains how we collect, use, store, disclose and protect your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), including as amended by the Privacy and Other Legislation Amendment Act 2024.

We take reasonable technical and organisational steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification or disclosure, consistent with our obligations under APP 11 and the clarifications introduced by the 2024 amendments.

We use cookies, analytics tools and potentially third-party advertising pixels on our website. Details of what we collect, why, and how you can control this are set out in our Privacy Policy and Cookie Notice. By continuing to use this website, you consent to the use of cookies as described in that policy.

17. Website Accounts

If our website allows account creation, you are responsible for maintaining the confidentiality of your login credentials. You agree not to share your account access with any other person, impersonate another person, use false information, or use this website in any way that is unlawful, deceptive, harmful or disruptive.

We may suspend or terminate access to an account, without prior notice, where we reasonably suspect misuse, fraud, a breach of these Terms, unlawful activity or conduct that is harmful to Kura Health or third parties. Any suspension or termination will not limit your rights under the ACL.

18. Intellectual Property

All content on this website and within Kura Health resources is owned by or licensed to Kura Consulting Pty Ltd, unless otherwise stated. This includes text, images, graphics, branding, logos, product descriptions, guides, downloads, recipes, checklists, videos, course materials, website design, educational frameworks and other materials (“Content”).

You may view and use our Content for personal, non-commercial purposes only. You must not, without our prior written permission:

• Copy, reproduce, adapt, modify or create derivative works from any Content;

• Distribute, publish, broadcast, transmit or communicate any Content to the public;

• Resell, sublicense or commercially exploit any Content; or

• Remove, alter or obscure any copyright, trademark or other proprietary notices contained in or accompanying the Content.

Nothing in these Terms transfers any intellectual property rights to you. Any trade marks, service marks or brand names contained on this website are the property of Kura Consulting Pty Ltd or their respective owners. Unauthorised use of our intellectual property may give rise to a claim for damages.

19. User-Generated Content and Submissions

If you submit reviews, testimonials, comments, feedback, images, survey responses or other content to Kura Health (“User Content”), you grant Kura Consulting Pty Ltd a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, edit (without materially altering the meaning), publish and display that User Content for business, marketing, educational or website purposes, unless you instruct us otherwise in writing.

By submitting User Content, you represent and warrant that:

• The User Content is accurate, truthful, and not misleading;

• You have the right to grant the above licence;

• The User Content does not infringe any third party’s intellectual property, privacy or other rights; and

• The User Content complies with all applicable laws, including the Australian Consumer Law and the Therapeutic Goods Advertising Code 2021.

We may remove or edit any User Content at our discretion and without notice. You retain moral rights in your submitted content to the extent provided by law.

20. Testimonials and Outcomes

Testimonials, reviews and personal stories shared on our website, in emails or on social media reflect the individual experiences of those persons only. They are not a representation, warranty or guarantee that any other person will achieve the same or a similar result. Health, wellness, skin, family and lifestyle outcomes vary between individuals based on a wide range of factors. Testimonials do not constitute an endorsement by any health practitioner, government body, or medical institution and must not be relied upon as medical advice.

21. Affiliate Links and Commercial Partnerships

Some links on our website, emails or resources may be affiliate links or partnership links, meaning Kura Health may receive a commission or referral benefit if you make a purchase through those links. Where affiliate or sponsored links appear, they will be clearly identified on the relevant page or in the relevant communication in proximity to the link, in accordance with ACCC guidance on disclosure.

The existence of an affiliate relationship does not affect the price you pay. We aim to only recommend products, resources or services that align with our values. However, you are solely responsible for assessing whether any product or service is suitable for your needs.

22. Third-Party Links and Resources

Our website may contain links to third-party websites, platforms, social media pages, articles, research or other resources. These links are provided for convenience only. Kura Health does not endorse, control, or take responsibility for the content, accuracy, privacy practices, products, services or conduct of any third-party website or provider. Accessing third-party links is at your own risk and subject to the terms and conditions of those third parties.

23. Website Availability and Accuracy

We aim to keep our website accurate, accessible and up to date. However, to the extent permitted by law, we do not warrant that:

• The website will be available at all times or free from interruption, errors or viruses;

• Content will always be complete, current or error-free;

• Products will always be in stock or available;

• Digital resources will be free from technical defects; or

• The website or its servers are free from malicious code.

We may update, remove, suspend or change any part of the website, products, resources or content at any time without prior notice.

24. Limitation of Liability

To the maximum extent permitted by law (including the ACL), Kura Consulting Pty Ltd, its directors, officers, employees, agents and contractors (collectively “Kura Health Parties”) exclude all liability for any loss, damage, injury, expense, claim or liability (including consequential, indirect, incidental, special or punitive loss or damage, and loss of profits or revenue) arising from or in connection with:

• Your access to or use of, or inability to access or use, this website;

• Your reliance on any educational content or information provided by Kura Health;

• The use or misuse of any product, resource, guide, recipe, protocol or wellness practice;

• Allergic reactions, sensitivities, contraindications or individual adverse responses to any product or practice;

• Your failure to seek or follow professional medical or health advice;

• The acts or omissions of third-party product manufacturers, suppliers, couriers or platform providers;

• Shipping delays, delivery failures, or loss or damage in transit outside our reasonable control;

• Unauthorised access to your account resulting from your failure to adequately protect your login credentials;

• Technical issues, interruptions, data loss or security breaches affecting this website or digital resources; or

• Any action taken, or not taken, in reliance on third-party links accessible from this website.

Nothing in this clause excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot be excluded under the ACL or any other applicable law. Where a non-excludable guarantee applies, our liability is limited, to the extent permitted by law, to the options described in Section 8 above.

25. Indemnity

You agree to indemnify, defend and hold harmless Kura Consulting Pty Ltd and the Kura Health Parties from and against any and all claims, losses, damages, liabilities, costs (including reasonable legal costs on a solicitor-client basis) and expenses arising directly or indirectly from:

• Your breach of these Terms and Conditions;

• Your wilful misconduct or negligence in connection with the use of this website, products or resources;

• Your violation of any applicable law or regulation;

• Your infringement of the intellectual property, privacy or other rights of any third party; or

• Any User Content you submit to us.

This indemnity does not apply to the extent that the relevant claim, loss or liability was caused or contributed to by the negligence or wilful misconduct of Kura Health Parties.

26. Force Majeure

Kura Health shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, fire, flood, civil unrest, government action, supply chain disruptions, industrial action, failure of third-party infrastructure or utilities, or failure of internet or telecommunications services. We will take reasonable steps to mitigate the effects of any force majeure event and notify affected customers as soon as reasonably practicable.

27. Electronic Transactions

Transactions conducted on this website are subject to the Electronic Transactions (Victoria) Act 2000 (Vic) and the Electronic Transactions Act 1999 (Cth). Contracts formed through this website are legally binding to the same extent as contracts executed in writing and signed by hand. By accepting these Terms and Conditions electronically (including by clicking “Accept”, “I Agree” or completing a purchase), you confirm that you are authorised to enter into a legally binding agreement.

28. Changes to These Terms and Conditions

We may update these Terms and Conditions from time to time. The updated version will be published on this page with a revised effective date. We will take reasonable steps to notify you of material changes, which may include a notice on our website or a communication to your registered email address.

By continuing to use this website or purchasing from us after updated Terms are published, you accept and agree to be bound by the updated Terms. If you do not agree to the changes, you must cease using the website. No amendment to these Terms shall be binding on Kura Health unless published on this page.

29. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, void or unenforceable by any court or tribunal of competent jurisdiction, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the enforceability of any other provision.

30. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Returns Policy, Shipping Policy and any other policies published on our website from time to time, constitute the entire agreement between you and Kura Consulting Pty Ltd with respect to your use of this website and purchase of our products and services. They supersede all prior agreements, representations, warranties and understandings, whether written or oral, relating to the same subject matter.

31. Waiver

A failure by Kura Health to enforce any right or provision under these Terms does not constitute a waiver of that right or provision and shall not affect our ability to enforce it at a later time. No waiver of any breach of these Terms shall be construed as a waiver of any subsequent breach of the same or any other provision.

32. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, and the courts of appeal from those courts, for the determination of any dispute arising out of or in connection with these Terms or your use of this website. This does not limit your rights to seek relief in any other jurisdiction where you are entitled to do so under applicable consumer protection law, including under the ACL.

33. Disputes

In the event of a dispute arising out of or in connection with these Terms, your purchase, or your use of our website, the parties agree to attempt resolution through the following process:

• You must first contact us in writing at the contact details below and provide reasonable detail of the dispute;

• We will endeavour to acknowledge your complaint within 5 business days and respond substantively within 15 business days;

• If the dispute is not resolved within 30 days of your initial notice, either party may refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) or a court of competent jurisdiction in Victoria; and

• Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

You may also contact Consumer Affairs Victoria (1300 558 181) or the ACCC for assistance with consumer complaints.

34. Contact Details

For questions, complaints or notices in connection with these Terms and Conditions, please contact us at:

Kura Consulting Pty Ltd

ABN: 72 661 519 437

Website: kurahealth.au

Email: hello@kurahealth.au

By using this website, you confirm that you have read, understood and agreed to these Terms and Conditions.