1. COPYRIGHT

1.1 This website is owned and operated by Helena Nista. All material and photographs featured on this website are original and are the property of Helena Nista unless otherwise stated. These images are protected by local and international copyright law.

1.2 Users may not download or print content from this site for any use whatsoever unless express permission is given.

1.3 Users may not reproduce, display, transmit, distribute or otherwise exploit the print, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Helena Nista.

1.4 All the content, trademarks and data on this website, including but not limited to images, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements are the property of Helena Nista and as such are protected from infringement by local and international legislation and treaties.

2. INDEMNIFICATION

2.1 In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or prints, or any portion thereof, in any manner not authorised by Helena Nista, or if you otherwise infringe any intellectual property rights relating to the photographs, prints or this website, you agree to indemnify and hold Helena Nista harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorised use of the information, photographs or prints and/or your breach of this terms of this Agreement.

2.2 Further, the use of information and data contained on this website is at your own risk. While every effort is made to ensure that information or data provided on this site is accurate and current, it is only intended as a guide and not as a substitute for professional medical advice. Before relying on anything you see on this site, you should consult with your doctor or health-care professional, or, if appropriate, obtain some other form of independent verification as to accuracy and completeness. Helena Nista makes no warranties or representations, express or implied as to the accuracy or usefulness of the information or data contained on this site, or as to the suitability of that information or data for any particular purpose.

2.3 Unless otherwise stated, products and services shown on this site have not been vetted or in any way approved by Helena Nista. You should exercise careful judgement about whether a product or service is likely to help you personally and you should, where appropriate, take independent advice. Helena Nista makes no warranties or representations, express or implied as to the usefulness, fitness-for-purpose or quality of the products or services contained on this site.

3. PRIVACY AND SECURITY

3.1 Your right to privacy and security is very important to us. Helena Nista treats personal information obtained through the use of this website as private and confidential and is committed to providing you with secure access to our online service. The personal information is used by Helena Nista solely for the purpose of facilitating communication between parties.

3.2 This site collects private information from users and such information shall not be disclosed to any third party unless agreed upon between the user and Helena Nista or through due legal process.

3.3 Users agree that Helena Nista may, from time to time communicate with users.

3.4 When a user visits tacklethefeelings.com or sends e-mails to Helena Nista such user consents to receiving communications from Helena Nista electronically and agrees that all agreements, notices, disclosures and other communications sent by Helena Nista satisfy any legal requirements, including but not limited to, the requirement that such communications should be ‘in writing’.

3.5 This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information http://www.google.com/privacy.html.

4. EXTERNAL LINKS

4.1 Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website.

4.2 Helena Nista cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and Helena Nista cannot be held liable for any damages or implications caused by visiting any external links mentioned.

5. SOCIAL MEDIA PLATFORMS

5.1 Communication, engagement and actions taken through external social media platforms that Helena Nista participates on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

5.2 Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Helena Nista will never ask for personal or sensitive information through social media platforms and encourages users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

5.3 This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

6. USING SEARCH TECHNOLOGY

The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website or infringe the intellectual property rights of Helena Nista.

7. GOVERNING LAW AND DISPUTES

7.1 This site is hosted, controlled and operated from Australia and therefore governed by Australian law, subject to the terms of Public International Law.

7.2 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Australian law will apply and the appropriate courts of Australia will have jurisdiction.

7.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Helena Nista should suffer any damage or loss, civil damages will be claimed.

8. VARIATION OF THESE TERMS & CONDITIONS

Helena Nista reserves the right to make changes to this website, this Agreement, and the other information contained in this website at any time and without notice. Please refer to these terms and conditions when you visit the site as they may change from time to time.

9. CONTACT INFORMATION

Users may contact us by e-mail at the following address: helena@helenanista.com.au.

10. GENERAL ONLINE SHOPPING

When placing information onto this website, reasonable care will be taken to ensure that all details, prices, product images and descriptions displayed are correct at the time. While every attempt has been made to show textures, appearances and colours of products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products.

11. PAYMENT SECURITY

All transfers conducted through this website are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

12. ORDER FULFILLMENT POLICY

12.1 We reserve the right to accept or reject an order for any reason due to unavailability of product; an error in the price, image or the product description or error in your order. We deliver orders internationally.

12.2 We reserve the right to contact you for verification purposes before we allow your order to be dispatched.

12.3 We will use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. In some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund in full all amounts you have in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.

13. CANCELLATION

You can cancel your online order provided that it has not been dispatched. Please note that digital download orders cannot be cancelled. Please contact us to advise of cancellation. We will attempt to cancel your order without delay however occasionally it may not be possible to stop an order from being dispatched. If your order has been dispatched please refer to our Returns Policy.

14. SHIPPING

14.1 A standard fee per delivery and re-delivery will apply. The delivery fee is is non-refundable unless the goods fail to comply with the consumer guarantee provisions of the Australian Consumer Law. Delivery fees are displayed during the checkout process.

14.2 Orders will be shipped from our store within 5 (five) business days of placing order. Delivery lead time will vary depending on your location.

14.3 Please note that all parcels will require a signature upon delivery. Please note that our carrier companies Delivery Policies or zone restrictions may apply to selected areas. Where street delivery is not always possible, you will receive notification or a calling card will be left.

14.4 We will make every attempt to deliver goods within the estimated timeframe however please beware that delays may occur due to unforeseen circumstances or factors that are beyond our control.

15. RETURNS POLICY

15.1 Please note that all returns must be made within 5 (five) days of the delivery date otherwise return requests will not be entertained. If returns are not received by Helena Nista within 30 (thirty) days of delivery date, the return request will not be entertained and product will be returned to you at your own cost.

15.2 All return/exchange requests are dependent on stock availability. Should there not be stock to do an exchange, Helena Nista will use her discretion to either refund or wait for further stock to exchange.

15.3 All digital products are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with the digital product. Please discuss your issue with us by visiting our Contact page.

15.4 Returns for refund or change of mind can be requested via our Contact page. Please note that we are not obliged to provide a refund or replacement for a ‘change of mind’ request. If we do agree to your ‘change of mind’ request, items shipped sealed or shrink-wrapped must be returned in original sealed / shrink-wrapped condition. Shipping and delivery costs will not be refunded for ‘change of mind’ requests and a non-refundable fee of $10 will be deducted from the original purchase price of your order. If your return has been approved in accordance with the above requirements, the credit card used to process the original transaction will be used to process the refund for the full purchase price of each returned item less the $10 return charge. Failure to comply with these requirements will cause your refund to be rejected and returned to you at your cost.

15.5 We guarantee that the goods you receive from us will be of acceptable quality, fit for the purpose for which they are sold, match the description and sample of those goods on our website. Where an item has arrived damaged, mis-bound, or faulty or does not meet the consumer guarantees under the Australian Consumer Law, please let us know by visiting our Contact page. Where goods do not meet the consumer guarantees and there is a major failure in relation to the goods, you are entitled to the following remedies: a refund in relation to the goods purchased, a replacement product which is identical or of similar value if reasonably available or compensation for the drop in value of the goods. We may request to see your proof of purchase, so please keep it. If there is a minor failure in relation to the goods, we may elect to: provide a refund including shipping costs, replace the goods or repair the goods.

15.6 We will make every effort to process claims within 5 business days of receipt at our online office, stock dependent. Where we provide you with a refund please note any credit to your card account may not appear on your credit card statement until a future billing cycle, depending upon your card issuer’s procedures.

15.7 For international returns, any credit card transaction fees including but not limited to foreign currency conversion fees are the responsibility of the customer. All refunds will be processed in Australian Dollars (AUD). Any change to exchange rates at the time of return processing is beyond the control of Helena Nista and are the responsibility of the customer.

16. PASSWORD AND ACCOUNT SECURITY

It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you log out of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately or log on and reset your password. Helena Nista will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

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