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Legal

Cookies Policy

This Website (referred to in these “terms of use” as the website) is owned and operated by Natural Soul Beauty, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms. Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies. General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act. 1. Why do we use “cookies” and other web use tracking technologies? (a) When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address; they merely identify your computer to our Websites when you visit us. (b) We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located. (c) We collect information using “cookies” and other tracking technologies for the following reasons: (i) to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer; (ii) to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user; (iii) to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and (iv) when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user. (d) Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service. (e) In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on. 2. What are your choices regarding cookies? If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

Privacy Policy

(a) Natural Soul Beauty respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. (b) "Personal information" is information we hold which is identifiable as being about you. 2. Collection of personal information (a) Natural Soul Beauty will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. (b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. (c) Additionally, we may also collect any other information you provide while interacting with us. 3. How we collect your personal information (a) Natural Soul Beauty collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. 4. Use of your personal information (a) Natural Soul Beauty may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. (b) Natural Soul Beauty may contact you by a variety of measures including, but not limited to: telephone email sms mail 5. Disclosure of your personal information (a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services. (b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. (c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Natural Soul Beauty, www.naturalsoulbeauty.com.au, its customers or third parties. (d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. (e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. (f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information. 6. Security of your personal information (a) Natural Soul Beauty is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. (b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy. 7. Access to your personal information (a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at naturalsoulbeauty@outlook.com. (b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 8. Complaints about privacy (a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to 102 Woolshed St, Bordertown, South Australia, 5268. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. 9. Changes to Privacy Policy (a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy. 10. Website (a) When you visit our website (www.naturalsoulbeauty.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. (b) Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. (c) Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Natural Soul Beauty is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Shipping + Returns Policy

Purchase of Products 1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). 2. Payment of the Purchase Price may be made through (the ‘Payment Gateway Provider’) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 3. Following payment of the Purchase Price being confirmed by Natural Soul Beauty, you will be issued with a receipt to confirm that the payment has been received and Natural Soul Beauty may record your purchase details for future use. SHIPPING + RETURNS Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unopened and in the same condition that you received it. It must also be in the original packaging. Gift Vouchers are non refundable. To complete your return, we require a receipt or proof of purchase. REFUNDS Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within two (2) to three (3) business days. Reaction to a Product If you have a reaction to a product, then we will take the product back and offer you a refund or store credit so that we can help you find a product they will enjoy. Faulty Product In the case of a faulty product, we will replace the product free of charge. In order to replace the faulty product, we require the original product to be sent back to the store to contact the brand to rectify the situation. Change of Mind Should you have a change of mind after purchasing a product, store credit may be provided if the product is returned unused in perfect condition within two (2) days of purchase. Store credit will be written up as a gift voucher to be redeemed in store. A refund will not be issued for products purchased and returned for a change of mind. Unfortunately, if after two (2) days you change your mind on the product, we are unable to provide store credit for another purchase, however we can offer advice on how to use product and make the most of it. Wrong Colour If you purchase the wrong Foundation colour Natural Soul Beauty will glady swap it for the correct shade that suits you. A product swap will be completed if it meets the following criteria: The Foundation has been used only once or twice The Foundation must be brought back within one (1) week SALE ITEMS Only regular priced items may be refunded, unfortunately sale items cannot be refunded. EXCHANGES We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at naturalsoulbeauty@outlook.com and send your item to: 102 Woolshed St, Bordertown, South Australia, 5268. GIFTS If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. SHIPPING To return your product, you should mail your product to: 102 Woolshed St, Bordertown, South Australia, 5268. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Website & Shop Terms + Conditions

1. About the Website Welcome to Natural Soul Beauty ‘the Website’. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’) and book services online. The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’). 2. The Website is operated by Natural Soul Beauty. Access to and use of the Website, or any of its associated Products or Services, is provided by Natural Soul Beauty. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or of any Services, immediately. 3. Natural Soul Beauty reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Natural Soul Beauty updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. 2. Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Natural Soul Beauty in the user interface. 3. Registration to use the Purchase Services 1. To access the Purchase Services, you may choose to register as a user of the Website. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address Preferred username Mailing address Phone number Password 2. You warrant that any information you give to Natural Soul Beauty in the course of completing the registration process will always be accurate, correct and up to date. 3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. 4. You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Natural Soul Beauty; or (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services. 4. Your obligations as a Member 1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: the Terms; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Natural Soul Beauty of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Natural Soul Beauty providing the Purchase Services; you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Natural Soul Beauty for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited. 5. Purchase of Products and Returns Policy 1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). 2. Payment of the Purchase Price may be made through (the ‘Payment Gateway Provider’) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 3. Following payment of the Purchase Price being confirmed by Natural Soul Beauty, you will be issued with a receipt to confirm that the payment has been received and Natural Soul Beauty may record your purchase details for future use. 4. Natural Soul Beauty may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. 6. Warranty Natural Soul Beauty’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). 2. You may make a claim under this clause (the ‘ Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘ Warranty Period’). 3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Natural Soul Beauty showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Natural Soul Beauty. 4. Where the Warranty Claim is accepted then Natural Soul Beauty will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. 5. The Warranty shall be the sole and exclusive warranty granted by Natural Soul Beauty and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. 6.All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. 7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. 7. Copyright and Intellectual Property 1. The Website, the Purchase Services and all of the related products of Natural Soul Beauty are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Natural Soul Beauty or its contributors. 2. Natural Soul Beauty retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Natural Soul Beauty; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 3. You may not, without the prior written permission of Natural Soul Beauty and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 8. Privacy Natural Soul Beauty takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Natural Soul Beauty’s Privacy Policy, which is available on the Application. 9. General Disclaimer 1. You acknowledge that Natural Soul Beauty does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. 2. Natural Soul Beauty will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Natural Soul Beauty will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 5. Use of the Website, the Purchase Services, and any of the products of Natural Soul Beauty is at your own risk. Everything on the Website, the Purchase Services, and the Products of Natural Soul Beauty, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Natural Soul Beauty make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Natural Soul Beauty) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 10. Limitation of Liability 1. Natural Soul Beauty’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Natural Soul Beauty is the resupply of information or Purchase Services to you. 2. You expressly understand and agree that Natural Soul Beauty, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 3. Natural Soul Beauty is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Natural Soul Beauty, by third parties or by any of the Purchase Services offered by Natural Soul Beauty. 11. Termination of Contract 1. The Terms will continue to apply until terminated by either you or by Natural Soul Beauty as set out below. 2. If you want to terminate the Terms, you may do so by: (a) notifying Natural Soul Beauty at any time; and (b) closing your accounts for all of the Purchase Services which you use, where Natural Soul Beauty has made this option available to you. Your notice should be sent, in writing, to Natural Soul Beauty via the ‘Contact Us’ link on our homepage. 3. Natural Soul Beauty may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Natural Soul Beauty is required to do so by law; (c) the partner with whom Natural Soul Beauty offered the Purchase Services to you has terminated its relationship with Natural Soul Beauty or ceased to offer the Purchase Services to you; (d) Natural Soul Beauty is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Natural Soul Beauty is, in the opinion of Natural Soul Beauty, no longer commercially viable. 4. Subject to local applicable laws, Natural Soul Beauty reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Natural Soul Beauty’s name or reputation or violates the rights of those of another party. 5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Natural Soul Beauty have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 12. Indemnity 1. You agree to indemnify Natural Soul Beauty, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms. 13. Venue and Jurisdiction The Purchase Services offered by Natural Soul Beauty is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia. 14. Governing Law The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 15. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 16. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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