Terms of Service

OVERVIEW AND BINDING AGREEMENT

By visiting our site located, at https://themamanation.com (and any of its sub-domains), and/ or purchasing something from us, you engage in our “Service” and agree to be bound by this binding agreement detailed in the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

This website is operated by Totally Primal. Throughout the site, the terms “we”, “us” and “our” refer to Totally Primal. Totally Primal offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PRIVACY POLICY

We respect your privacy and provides the ability to you to control the treatment of your personal information. A complete statement of Our currency privacy policy can be found by clicking on the ‘privacy’ link at the bottom of the page. Our privacy policy is expressly incorporate into this Agreement by this reference. 

AGE OF USE

By you use of this site, you represent that you are at least the age of 18 years, or that you are visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or in one of our sales funnels.. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

RETURNS POLICY FOR HARD GOODS

If you have purchased a “hard good” (for example, a book or other tangible product) from TheMamaNation.com, you may receive a limited refund if you comply with the following conditions:

1. You must request a refund in writing by contacting [email protected];

2. Your request for a refund must be made within thirty (30) days of your purchase;

3. You must return the hard goods to TheMamaNation.com immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

4. The hard goods must be returned to TheMamaNation.com in like-new, or re-sellable condition, as determined in TheMamaNation.com’ sole, reasonable discretion.

This returns policy only relates to Hard Goods Products purchase from TheMamaNation.com and does not relate to any Hard Products purchased through 3rd Party vendors accessed via an affiliate link on TheMamaNation.com. Please refer to the 3rd Party vendors terms and conditions and returns policy.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (above).

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

MODIFICATION TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Product/Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product/Service.

NO MEDICAL ADVICE – HEALTH INFORMATION DISCLAIMER

We are NOT doctors, nutritionists or registered dietitians. We DO NOT claim to help cure any condition or disease. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. We DO NOT claim to be doctors or dietitians. All material on this website is provided for your information only and may not be construed as medical advice or instruction.

If you suffer from a health condition, you must consult a health care or medical professional before commencing the Programs and/or using any Products/Services, and must conduct the remainder of the Programs/Service and/or any further usage of the Products/Service under the guidance of a qualified health care or medical professional. If you register for, purchase and or use or commence the Programs/Service and/or the Products/Service prior to consultation with a health care or medical professional you do so at your own risk and therefore you take sole responsibility for the outcomes or affects of doing so.

We give no warranty that the Programs/Products/Service and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management or health enhancement expectations you may have.

You acknowledge that you are solely responsible for following, or not following, the Programs and/or any suggestions or health or eating Programs/Service and/or use any Products or regime that we provide via the Website or as part of the Programs and/or any Products, and that TheMamaNation.com & Totally Primal is not responsible for any injuries that you may suffer as a result of use of the Website or the Programs and/or any Products/Service.

You acknowledge that TheMamaNation.com & Totally Primal are not responsible for any health information provided or broadcasted by any third party health podcasters, practitioners, coaches or other contributers listed on this site.

You acknowledge that any where TheMamaNation.com (Totally Primal) publishes interviews or content via its blog, video channels, podcast or any other medium it does so under this Health Information Disclaimer. Any comments, or practices mentioned by 3rd Party interviewees are not the responsibility or liability of TheMamaNation.com or Totally Primal.

We expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of the material on TheMamaNation.com.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new products/services and/or features through the website (including, the release of new tools and resources). Such new features and/or products/services shall also be subject to these Terms of Service.

USE OF SOFTWARE

We may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Us, for your personal, non-commercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or its licensors and you may not copy or use them in any manner.

THIRD-PARTY LINKS (Affiliate Sites)

We have no control over, and no liability for, any third party websites or materials. Certain content, products and services available via our Service may include materials from third-parties.

We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither us nor the Site has control over the content and performance of these partner and affiliate sites, We make no guarantees, nor take any responsibility for examining,  the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those third party sites.

You acknowledge that We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, and that these Terms of Service shall govern your use of any and all third party content.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

You further agree that your comments will not contain contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

We reserve to remove, unpublish or delete any listing, promotion, offer any other content on the TheMamaNation.com website, whether linked to a paid package or service or not, and not be liable to compensate the owner, where the content, product, service or offer being promoted fails to meet with these terms and conditions and/or where it fails to comply with laws governing the TheMamaNation.com website.  

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by TheMamaNation.com (Totally Primal) or by any third party.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless to TheMamaNation.com (Totally Primal) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia and the State of Western Australia.

AMENDMENTS TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace (Amend) any part of these Terms of Service by posting these amendment to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any amendments to these Terms of Service constitutes acceptance of those changes.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.

AMENDMENTS TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace (Amend) any part of these Terms of Service by posting these amendment to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any amendments to these Terms of Service constitutes acceptance of those changes.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.

COPYRIGHT

The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of themamanation.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to TheMamaNation.com Copyright © 2018 – 2019, Mama Nation, themananation.com and Totally Primal. All rights reserved.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by completing the form on the contact us page.