Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS 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 Kerr Allan Organics Pty Ltd T/A The Divine Company (“Divine”) 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. The Website has been designed to provide general information about Divine and its business and to offer the opportunity to purchase Divine products & receive regular newsletters and updates on Divine products. The information provided at the Website is not intended to provide medical advice. 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. If there is any inconsistency between information provided on this website and any information provided with a Divine product, the latter should be taken as most correct.

Purchasing of The Divine Company products & subscription to The Divine Company newsletter (newsletter), Blog, CRM and use of the www.thedivinecompany.com.au website (website) are governed by these Terms and Conditions. By purchasing/subscribing to the newsletter, CRM and using the website you have agreed to these Terms and Conditions. Divine reserves the right to amend these Terms and Conditions at any time. Your continued access to the website and subscription to the newsletter will constitute your acceptance of any changes or revisions to the Terms and Conditions. Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the website and the newsletter, without notice.

Delivery

All orders require a signature for delivery. Orders will NOT be left if a home is unattended. A notification will be left stating that the order has been taken to the nearest post office. By ordering products the customer acknowledges that it is his/her responsibility to collect their order from the post office, at their own expense. A standard shipping fee is applied to all orders under $100, this is a flat fee of $10 Australia-wide. International Shipping rates are calculated on distance, weight and size, please contact our office for specific pricing. Free shipping codes for orders under $100 are not to be used in conjunction with any other offer.

No Reliance

While Divine has endeavored to ensure the accuracy of the information accessed via the website and distributed via the newsletter, Kerr Allan Divine T/A Divine By Therese Kerr does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website or in the newsletter.

Entry Into Competitions

As a subscriber of the newsletter you will be given the opportunity to enter competitions from time to time via the newsletter, as well as the opportunity to take advantage of special offers. Each competition and special offer is subject to terms and conditions which will be available to you via the newsletter at the time of entering the competition or viewing the offer. Any competition that is made available to the public is governed by its own terms and conditions subject to law. The terms and conditions of each competition will be made available to all prospective entrants and should be read in conjunction with this Agreement.

Online Purchases

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 Divine and receive a refund of your purchase price only. Promotions or giveaways where any product is discounted to zero dollars is limited to one per person, an individual may purchase on behalf of another individual however contact details for said individual will need to be entered into the system (including but not limited to Full Name, Email Address, Post Code). Complimentary Vouchers or discount codes from The Divine Company cannot be redeemed on Gift Vouchers on the website. Any items purchased through this the website are for personal use only, items are not for resale or to be retailed. If there is a concern that the products may be retailed or on-sold we have the authority to cancel and refund the order without notice. 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, Divine 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 apologise 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 return procedure. Discounts are limited-time offers and may have spend limited associated, these are not valid with other offers. For shipping, cancellation, and other ordering questions, please refer to our Refunds & Shipping Policy. Free shipping codes are not to be used in conjunction with any other offer.

Links to the Website

The website, CRM, Blog and the newsletter may contain links to other websites and may on occasion display content or information from other websites within frames on the website. Websites or pages to which the website or newsletter are linked are for information only and have not been reviewed by Divine. Divine has no responsibility for the content of the websites or pages linked or linking to the website, CRM, Blog or the newsletter.

Editing and Deletions

Divine reserves the right to review, edit, move or delete any material provided for display or placed on the website or in newsletters, without notice.

Use of Electronic Addresses

All electronic addresses of Divine and its employees published on the website or in the CRM, Blog and newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Kerr Allan Divine Pty Ltd T/A The Divine Company and its employees to receiving unsolicited commercial electronic messages not directly related to the website, CRM, Blog and the newsletter or Divine’s business.

Privacy

Your purchase or subscription to the newsletter and your access of this website constitutes acceptance of our Privacy Policy. To view our Privacy Policy, click here.

Spam

By purchasing Divine products on line or subscribing to the newsletter you are consenting to receive electronic communications from Kerr Allan Organics Pty Ltd T/A The Divine Company regarding the CRM, Blog, newsletter and Divine’s products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click “unsubscribe” or “manage subscriptions” from the electronic communication.

Intellectual Property

The website and newsletter are the property of Divine. The website, CRM, Blog and the newsletter, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks and other material (Content) are protected by copyright, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Divine and content owned or controlled by third parties and licensed to Divine. All individual articles, reports, and other elements making up the website and the newsletter may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website and/or newsletter. Except for the purposes of viewing the website and newsletter, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of Divine’s trade marks, trade names or brands without Divine’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or marks. You agree to notify Divine in writing promptly upon becoming aware of any unauthorised access to or use of the website, CRM, Blog or newsletter by any party or of any claim that the website, CRM, Blog, newsletter or any of the contents of the website, CRM, Blog or newsletter infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Limit of Liability

Divine makes no warranties or representation about any content or information on this website, CRM, Blog or in the newsletter, and to the extent permitted by law exclude (and where law does not permit an exclusion, limit to the extent permitted by law) all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and newsletter; and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the website or any reliance on information contained on the website, CRM, Blog and newsletter. Divine will not be held responsible for Content provided by third parties. Divine is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website, CRM, Blog and newsletter. Divine does not warrant that the website or newsletter are compatible with your computer equipment or that the website, the newsletter or their servers are free of errors or viruses, worms etc and Divine is not liable for any damage you may suffer as a result of such destructive features. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, THE NEWSLETTER OR THE INFORMATION ON THE WEBSITE, IN THE CRM, BLOG OR NEWSLETTER, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, KERR ALLAN ORGANICS PTY LTD T/A THE DIVINE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination of Access to the Service

Kerr Allan Organics Pty Ltd T/A The Divine Company has the right to terminate or suspend your subscription to the newsletter and your ability to access the website, for any or no reason, without notice and without liability.

Feedback

While Divine 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 Divine. Your use of the Website 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 Divine an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Divine is free to use them for any purpose.

Legalities

This website, CRM, Blog and the newsletter and their use are governed by the laws of Australia and the State of New South Wales. 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 Divine suspects that your Registration Data is inaccurate or incomplete, Divine 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. You shall indemnify, defend and hold harmless Divine, 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. Divine 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 Divine. Divine 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

Disclaimer

The information and reference materials contained on the Kerr Allan Organics Pty Ltd T/A The Divine Company blog are intended solely for the general information of the reader. The information contained on this blog is for discussion purposes only and is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. The major limitation of informational resources contained herein is the inability to take into account the unique circumstances that define the health issues of any patient. Please consult your health care provider for medical advice.