References in these documents to Simply Natural Slimming Website like: “We” “Us”, “Website”, or “Service” mean Simply Natural Slimming, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Simply Natural Slimming.
Simply Natural Slimming is a legitimate and legally bound Service, owned and operated by a Sole Trader, as registered under ABN 30759564365 in Australia’s Respective Commercial Registry.
Software license agreement
Ownership and other proprietary rights
THIS SERVICE AND PROGRAM MATERILAS ARE, IN THEIR ENTIRETY PROPRIETARY TO SIMPLY NATURAL SLIMMING. AS SUCH, THEY ARE PROTECTED BY COPYRIGHT, INTELLECTUAL AND OTHER SUBSTANTIAL LAWS, AS WELL AS INTERNATIONAL TREATY PROVISIONS, YOU THEREFORE MUST TREAT THIS SERVICE AND/OR PROGRAM AS LEGALLY PROTECTED MATERIAL. ONE IS NOT TO RENT, SUBLET, REDISTRIBUTE, SELL, TIMESHARE OR COPY THIS SOFTWARE’S SOURCE CODE, CONTENT OR MIMIC IT’S FUNCTIONALITY BY TRANSLATING, DISASSEMBLING, OR IN ANY OTHER WAY, CREATING DERIVATIVE WORKS WHICH ARE BASED ON THIS UNIQUE CODE, CONTENT OR FUNCTIONALITY PATTERN, UNLESS STATED OTHERWISE IN THIS SPECIFIC PROGRAM LICENSE AGREEMENT AND WITHOUT PREVIOUS CONSENT FROM SIMPLY NATURAL SLIMMING. SIMPLY NATURAL SLIMMING DOES NOT GUARANTEE THAT CONSENT WILL EVER BE ISSUED. VIOLATING FULL OWNERSHIP RIGHTS GIVES SIMPLY NATURAL SLIMMING THE RIGHT TO TAKE ANY ACTION IT DEEMS APPROPRIATE, NOT EXCLUDING CIVIL AND/OR CRIMINAL ACTIONS BEING BROUGHT UP AGAINST THE INDIVIDUAL, GROUP OR OTHER THIRD PARTY INVOLVED IN THE VIOLATION.
Express licensing grant
IN ORDER TO DOWNLOAD AND FURTHER INSTALL SIMPLY NATURAL SLIMMING, YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE. BY DOWNLOADING, INSTALLING AND/OR USING SIMPLY NATURAL SLIMMING, YOU WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. USAGE OF SIMPLY NATURAL SLIMMING IS FORBIDDEN FOR ALL PERSON THAT ARE BELLOW THIRTEEN (13) YEARS OF AGE. IF A CHILD UNDER THIRTEEN (13) YEARS OF AGE IS USING YOUR COMPUTER AND/OR MOBILE DEVICE, PLEASE DO NOT SAVE YOUR ACCOUNT CREDENTIALS, SUCH AS YOUR USERNAME AND PASSWORD. THIS PREVENTS THE CHILD FROM ACCESSING SIMPLY NATURAL SLIMMING’ CONTENT AND SERVICES. YOU HEREBY ACCEPT ANY AND EVERY LIABILITY ARISING FROM THE USAGE OF YOUR PERSONAL ACCOUNT. SIMPLY NATURAL SLIMMING IS NOT, IN ANY WAY, LIABLE FOR THE UNREASONABLE BEHAVIOR OF ITS REGISTERED OR UNREGISTERED USERS. IT IS FURTHER NOT LIABLE FOR ANY AUTHORIZED OR UNAUTHORIZED USE OF YOUR ACCOUNT BY ANY THIRD PARTY (INDIVIDUAL OR GROUPS), INCLUDING MINORS UNDER YOUR SUPERVISION. IF ANY MINORS BELLOW THE AGE OF THIRTEEN (13) HAVE CREATED ACCOUNTS AND/OR ARE USING SIMPLY NATURAL SLIMMING CONTENT AND SERVICES, THIS ACCOUNT MAY BE SUSPENDED WITH OR WITHOUT PREVIOUS NOTICE. PLEASE NOTE THAT SIMPLY NATURAL SLIMMING DOES NOT EXCLUDE ANY OTHER ACTIONS BEING TAKEN, INCLUDING BRINGING UP CIVIL AND/OR CRIMINAL ACTIONS IN FRONT OF THE APPROPRIATE AUTHORITIES. YOU ARE NOT TO PROVIDE ANY USER INFORMATION IN VIOLATION OF ANYONE’S COPYRIGHT OR TRADEMARK RIGHT(S), OR OTHER EXCLUSIVE RIGHT(S) TO A NAME OR PSEUDONYM. SIMPLY NATURAL SLIMMING DEEMS THIS TYPE OF BEHAVIOR TO BE OFFENSIVE AND IN EVERY WAY, UNACCEPTABLE. SIMPLY NATURAL SLIMMING THEREFORE, RESERVES THE RIGHT TO WARN, SUSPEND AND/OR DELETE ANY PROFILE ENGAGED IN THESE TYPES OF BEHAVIOR WITH OR WITHOUT PREVIOUS NOTICE OR WARNING WHATSOEVER. SIMPLY NATURAL SLIMMING, AS A LEGITIMATE SERVICE AND CONTENT PROVIDER DOES NOT SUPPORT PROMOTION OF ANY HATE SPEECH, INTOLERANCE, RACISM, SEXISM AND/OR OTHER FORMS OR INTOLERANT AND/OR CRIMINAL BEHAVIOR. SIMPLY NATURAL SLIMMING RESERVES THE RIGHT TO, IF IT COMES TO SIMPLY NATURAL SLIMMING’ ATTENTION, THAT ANY TYPE OF THE AFOREMENTIONED BEHAVIOR IS BEING PROMOTED, SUSPEND OR DELETE ANY ACCOUNTS USED BY ANY INDIVIDUALS INVOLVED IN BEHAVIOR. YOU HEREBY ALSO EXPRESS YOUR CONSENT TO – PROVIDING TRUE, COMPLETE AND ACCURATE INFORMATION ABOUT YOURSELF, AS FILLED IN THE REGISTRATION FORMS – MAINTAIN THE PERSONAL INFORMATION SUBMITTED TO SIMPLY NATURAL SLIMMING, TO ASSURE THEIR COMPLETENESS, TRUTHFULNESS AND ACCURACY AND – NOTIFY SIMPLY NATURAL SLIMMING AS TO ANY SECURITY BREACH RELATED TO YOUR ACCOUNT. INFORMATION PROVIDED ON THIRD PARTY PLATFORMS, SUCH AS, WITHOUT LIMITATION: APP STORES OR OTHER AUTHORIZED PLACES TO PURCHASE SERVICE-RELATED SERVICES/PROGRAMS OR PROGRAM EXTRAS, IS TO BE GOVERNED BY A SEPARATE SET OF CONTRACTUAL TERMS UNDER THE PLATFORM’S VERY POLICY/POLICIES
Personal information protection clause
Please note and follow the following guidelines while submitting content via our Service. Pictures, nicknames and other credentials, which may be needed in order to access the functionality of our Service, may not be published immediately, due to possible revisions or inquiries to which Simply Natural Slimming has reserved full rights. Pictures and other multimedia may not infringe any intellectual property rights, nor contain the face of a celebrity, nor violence or offensive language. Personal information (if required), such as, without limitation to your personal or billing credentials are not to be published in any manner whatsoever on our Service. Any further use of your personal information is to be subject to this set of documents, or, if not referenced or stated, subject to your express further consent.
Anti-solicitation and anti-denigration provisions
As a User of Simply Natural Slimming, You shall withhold of any: – solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: 1) terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Simply Natural Slimming; 2) becoming employed by, or work for any other person, group or entity other than Simply Natural Slimming; – make any negative or defamatory statements or comments about Simply Natural Slimming or any of its Representatives, which may result in hurting the reputation, image, ability or goodwill of Simply Natural Slimming or it’s Representatives; – solicit or cause an existing or potential Customer to cease using Simply Natural Slimming and it’s provided products and Services or to solicit and cause a potential Customer to use other products or Services, which are competitive with Simply Natural Slimming products and Services; – aid, abet or authorize any person, group or entity in any of the aforementioned.
Elements submitted by Users
Users are able share (therein after referred to as: post) uploads in the form of video, text, comments, blog entries, profile pictures, pictures and all other types of multimedia. No posts must infringe any copyright or other intellectual property or other proprietary rights under the applicable law and international standards and outside the scope of fair use. Profile pictures are to be depicting the individual who uses Simply Natural Slimming.
Copyright and Copyright Infringement Provisions. DMCA.
This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all governing law and international intellectual property law standards. Simply Natural Slimming, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are invalid. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Simply Natural Slimming, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Simply Natural Slimming DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. Simply Natural Slimming DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are invalid. Any breach of Content and intellectual property law provisions, sanctioned by AUSTRALIAN governing law does not exclude the possibility of Simply Natural Slimming treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: – A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Service provider to locate the material;- Information reasonably sufficient to permit the Service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; -A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: – Your physical or electronic signature; – Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; – A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept Service of process from the person who provided notification of the alleged infringement. If the Copyright Agent receives your counter-notice, Simply Natural Slimming may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Simply Natural Slimming’ sole discretion.
Simply Natural Slimming respects the freedom of Expression of its Creators. It is pivotal to cherish this freedom in order to contribute to the worldwide society. Minimal standards, due to the nature of the Service have been set out and are to guide the creators on which submissions may not be removed in case of an independent or reported inquiry. Every Creator has the right to, in any time, remove its’ creations from the platform. All licensing arising from these Terms are to automatically be terminated, with a grace period of 15 days in order for the platform to remove any possible use of the creative works for marketing and displaying purposes as stated in the “Licensing” subsection. Every work is to be properly accredited as prescribed under these Creators’ Terms. By utilizing this Service as a creator, you find this manner of accreditation reasonable. In the case Simply Natural Slimming finds unauthorized use of works, you hold proprietary rights to; Simply Natural Slimming shall note you in a timely manner by means of e-mail. Any unilateral transfer of copyright and/or other intellectual property rights are invalid. Every opinion, explicitly or implicitly stated within your submission is to be your sole responsibility. Sharing a submission, which is not to be taken down by Simply Natural Slimming, does not conclusively mean that the submission is endorsed, favored or supported, nor politically correct.
Discretion in regards to Submissions
Upon reports of breach of ethics and etiquette, as stated above, Simply Natural Slimming is not to be held responsible for any claim arising from the specific submission.
Simply Natural Slimming reserves the right, but not the obligation, to initiate individual inquiries on whether creators have breached the minimal standards prescribed by these Terms.
Simply Natural Slimming reserves the right to terminate Creators‘access to the Platform, if they turn out to be repeated infringers. Simply Natural Slimming may, in its sole discretion, initiate inquiries of abuse or of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms. The reserved rights in case of violation of these terms include:
– Deletion of User submission or Creation
– Temporary or permanent bans on some functionalities of this Service
– Temporary or permanent bans from accessing Simply Natural Slimming’s Website
– Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this Service under AUSTRALIA law.
As a private entity bound by the applicable law of the AUSTRALIA, Simply Natural Slimming is to share any personal information you may have provided to the Service upon formal requests of appropriate state authorities. With high respect all of our Users’ Privacy; Simply Natural Slimming will disclose the minimum amount of information, as required by applicable law.
Licensing on behalf of Users
Upon sharing your User submission, you retain all proprietary rights. You hereby grant Simply Natural Slimming a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions, which have or had been deleted by the Users. Please note that this license is only granted to Simply Natural Slimming in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Simply Natural Slimming, the name or nickname of the user will be included as a form of accreditation.
Disclaimer on Licensed Elements
Licensed Elements which are published on Simply Natural Slimming have all the proprietary accreditation (if stipulated so), and are following the contractual terms which have been formed between Simply Natural Slimming and the third party individual or other private entity. Simply Natural Slimming, as a private entity is bound to respect contractual terms, which have been stipulated, and does not, in any way, breach concluded contracts between Simply Natural Slimming and the aforementioned persons or entities.
Disclaimer on law enforcement and inquiries of potential abuse
As a private entity bound by the applicable law of the AUSTRALIAN, Simply Natural Slimming may disclose your personal information in the minimal range, which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. Simply Natural Slimming may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, Simply Natural Slimming WILL NOT disclose more information than the minimal range, which is prescribed by governing law. Simply Natural Slimming reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Simply Natural Slimming and it will include any steps that Simply Natural Slimming finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
Account termination policy
In the event you engage in conduct breaching these provisions, Simply Natural Slimming Terms of Service or in any other way commit any other breach of this Agreement, Simply Natural Slimming may take any of the following steps to prevent such occurrences in the future, with or without prior notice:
– Deletion of User submission or Upload
– Temporary or permanent bans on some functionalities of this Service
– Temporary or permanent bans from accessing Simply Natural Slimming’s Website
– Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this Service under AUSTRALIAN law.
Information collection and range of use
Any forms you are to fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific Service provided by Simply Natural Slimming via this Website will be used only for the purposes of registration, identification and/or enabling other communication functionality.
Communications from the website
Simply Natural Slimming may occasionally, depending on your consent to do so, send information on products, Services, Special deals, promotions or Newsletters You have subscribed to. You may choose not to receive these types of communications by Opting Out. For more information, please read further to the “Consent and Opt-outs” subsection. Simply Natural Slimming may also send you Service-related announcements on rare occasions if it is necessary to do so. These communications are NOT PROMOTIONAL in nature. Simply Natural Slimming may also utilize Third-party e-mail delivery systems to contact you and provide you information via e-mail. These companies do NOT retain share, store or use personal information for any other purposes.
Registration and profile
Usage of Personal Information
Personal information collected by Simply Natural Slimming is primarily used to customize Your User Experience this may include personalized Services, communications and other Services, which are provided by Simply Natural Slimming. Personal information may also be utilized to deliver You personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences. For more information, please see the “Consent and Opt-Outs” and “Log files and Cookies” Subsections. Without allowing for access to some of your personal information, some of the functionality of the Website may be limited.
The CANSPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We strictly collect your e-mail address so we may: – Send information, respond to inquiries, and/or other requests or questions; – Process orders and to send information and updates pertaining to orders; – Send you additional information related to your product and/or Service; – Market to our mailing list or continue to send emails to our clients after the original transaction has occurred. Note that this subsection only refers to the e-mails sent by Simply Natural Slimming. Third-party authorized sellers of our Website do have their separate e-mailing protocol. We comply to every provision in the CANSPAM act, which includes: – providing true and non-misleading subects or e-mails; – Identify the message as an advertisement in some reasonable way; – Include the physical address of our business or site headquarters; – Monitor third-party email marketing Services for compliance, if one is used; – Honor opt-out/unsubscribe requests quickly. – Allow users to unsubscribe by using the link at the bottom of each email.
Consent and Opt-Outs
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of your personal information is subject to Your FURTHER CONSENT. You therefore have the choice of denying us access or not providing us this information, either manually within the Website, or on your mobile device. Please note that some aspects of the functionality of this Website depends on your providing of your personal information or location. If, at any time, you would like to unsubscribe from receiving future emails, you can email us directly, or submit a request on a dedicated area of our Website. You may also request to unsubscribe form future e-mails by following the instructions at the bottom of each email. Upon doing so, you will be promptly removed from ALL correspondence you have been subscribed to.
Log Files, Cookies and Clear Pixels. Behavioral Tracking Mechanisms
Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the Service. Cookies are small pieces of data stored locally on Your Device. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. We do not recommend restriction of cookies, because we utilize them to improve your user experience. Clear pixels are a part of a tracking technology, in order to track the movement of the Users within the Website. In contrast to Cookies, Clear Gifs are not stored on your device. Simply Natural Slimming does not tie movement or usage data to personal information in any way whatsoever. Third party advertising Services, providing you with targeted advertisements according to your preferences, according to your behavior and searches on the Internet. We may also utilize analytic software or algorithm in order for us to gain statistics gathered from users on our Website. The information advertising Services or analytic software or codes collects is not, in any way, relatable to your identity, and we do not believe that it might be used to disclose your identity. Please note that any information is not relateable to any user, whether underage or of age, and we do not believe it could be used to disclose your identity.
Security. Fair information practices. Right to redress
Encryption technology is utilized to safely store your personal information. Simply Natural Slimming follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally, identifiable information is kept in a secure environment. If you have any questions in regards to our Security policy, please do not hesitate to contact us. We, as a Service, oblige ourselves to notify you via e-mail, the Website or other recognizable aspect of our Website in the unlikely case of a data breach as soon as possible. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
Jurisdiction and dispute-resolution clause
Void where prohibited
Although Simply Natural Slimming is accessible worldwide, not all products or Services discussed or referenced on Simply Natural Slimming are available to all persons or in all geographic locations or jurisdictions. Simply Natural Slimming reserves the right to limit the provision of any product or Service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or Service that it provides. Any offer for any product or Service made on simply Natural Slimming is void where prohibited. In addition, Simply Natural Slimming makes no representation that materials on Simply Natural Slimming are appropriate or available for use in locations outside AUSTRALIAN jurisdiction; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access Simply Natural Slimming from locations outside AUSTRALIAN Jurisdiction do so on their own initiative and are responsible for compliance with local laws.
You hereby agree to INDEMNIFY and hold Simply Natural Slimming and its Representatives harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the Simply Natural Slimming Website, Programs or Services and/or Your breach of any representation, warranty or restriction contained in this Agreement.
This agreement is not to be in favour of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
If you have any questions, do not hesitate to contact us via e-mail or post provided on Our Website.