Natio Men Plus Terms and Conditions

Natio’s Men Plus Consumer Product Trial Terms & Conditions 2024

Natio Pty Ltd (ABN 37 074 120 148) (Natio, we, our or us) is running a product trial of products supplied by Natio (Product Trial). The Product Trial is subject to and governed by the terms and conditions as stated below (Terms).

1. Entering the Product Trial

(a) By registering to participate in the Natio Men Plus Consumer Product Trial, you are agreeing to receive free sample product(s) from Natio Pty Ltd (Natio) for the purpose of participating in the trial. The sample product(s) are not for resale, are for trial purposes only, and cannot be redeemed for cash.

(b) Natio will send the sample product(s) to the mailing address provided during registration. Please ensure your postal address is correct and complete.

(c) By participating in the trial, you agree to receive email communications from Natio relating to the Natio Men Plus Consumer Product Trial and similar programs offered by Natio, including new product announcements, exclusive online offers, and news from Natio.

(d) Participation in the trial is open to men of 18 years or older residing in Australia. Only one application to participate in the trial is permitted per person.

(e) You agree to participate in the trial for a period of 4 weeks, during which you will trial the products provided by Natio.

(f) By entering the trial, you agree and acknowledge that:

(i) you must use the product(s) in accordance with their directions and will take product warnings into account;

(ii) you have read and understood the ingredients contained in the product(s).

(g) At the conclusion of each week of the trial, you are required to submit a survey regarding your experience with the products. For each survey completed, you will receive a $25 Natio e-gift voucher. To qualify, each weekly survey must be completed. The $25 vouchers are collated into a singular $100 voucher at the conclusion of the trial. You warrant that:

(i) you will respond honestly in relation to the products you test in connection with the trial;

(ii) any review provided will be a true reflection of your opinion and not influenced by Natio;

(iii) the survey responses will be your own work and will not infringe any rights (including any intellectual property rights) of any person.

(h) Your survey responses may be used and published by Natio for marketing communications across various channels, including the website, email, social media, advertisements, and internal communications, using your first name and initials.

2. Intellectual Property

(a) Natio owns or is licensed to use all intellectual property rights in all products and materials provided in connection with the trial and any updates to them.

(b) No license, right, title, or other interest in any such intellectual property is granted to you under these Terms. Nothing should be construed as providing you with such rights.

(c) Except as otherwise expressly provided in these Terms, you must not copy, adapt, reproduce, publish, distribute, or otherwise deal with any of the content provided in connection with the trial without the express prior written permission of Natio (except as permitted under the Copyright Act 1968 (Cth) or any other applicable law).

(d) You may view content or print a copy of material provided in connection with the trial for your personal, non-commercial use, provided that you do not modify the content in any way and keep the material confidential.

(e) You agree and acknowledge that any survey responses, comments, feedback, content, images, or testimonials you provide to us in connection with the trial may be used and published by us as we see fit, including for promotional purposes.

3. Confidentiality

You agree and acknowledge that all information, materials, documents, content, and data provided to you, or which you become aware of, in connection with the trial:

(a) will be kept strictly confidential;

(b) will not, without Natio's consent, be disclosed or divulged to any third party, reproduced, or used for any purpose or enterprise other than to enable your participation in the trial or as required by law;

4. No warranties

The trial and the products are provided on an 'as is' basis, and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, we do not warrant:

(a) that the products provided in connection with the trial will meet your requirements; or

(b) the accuracy or effectiveness of the functions of the products provided in connection with the trial.

5. Liability

(a) We will have no liability in respect of any loss or damage that you incur arising from your use of the products or participation in the trial.

(b) To the extent permitted by law:

(i) all conditions, warranties, guarantees, rights, remedies, liabilities, and other terms implied by statute, custom, or the common law, including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of the products in connection with the trial, are excluded from these Terms; and

(ii) in no event will we be liable in contract, tort (including negligence), under statute, or otherwise for any incidental, consequential, or indirect damages, including loss or corruption of data or information, arising out of or related to your use of, or inability to use, the products in connection with the trial.

(c) If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts, or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the:

(i) resupply of the goods or services; or

(ii) payment of the cost of resupplying the goods or services.

6. Consumer Guarantees

(a) You acknowledge that certain guarantees may be provided to you under the Australian Consumer Law (ACL), including guarantees as to the quality, fitness for purpose, and compliance with descriptions provided regarding the products supplied as part of the trial. Nothing in these Terms excludes, restricts, or modifies the application of any provision of the ACL, any rights or remedies to which you may be entitled under the ACL, or any liability incurred by Natio for failure to comply with any guarantee under the ACL.

7. Your indemnity

You indemnify Natio and its related entities and each of their directors, officers, employees, and agents against any actions, claims, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines, and penalties) which any of them incur directly or indirectly arising from your use of the products or participation in the trial or any breach of these Terms by you.

8. Termination of your participation in the Product Trial

(a) If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your participation in the trial without further notice.

(b) If your participation in the trial is terminated, you must (at our option, and as directed by us) immediately return to us or dispose of any unused portion of products provided as part of the trial, including any associated packaging and materials.

9. Dispute Resolution

(a) Any dispute arising out of or relating to these Terms or the trial shall be resolved through negotiation between the parties. If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation administered by a mutually agreed-upon mediator, or failing agreement, by a mediator appointed by the Australian Disputes Centre (ADC) or any other recognised mediation service in Australia.

10. Acknowledgment of Understanding

(a) By participating in the Natio Men Plus Consumer Product Trial, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions.

11. General

(a) You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
(b) If any part of these Terms is held to be unenforceable, void, or illegal, that part may be severed, and the remainder of these Terms will continue in full force.
(c) Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.
(d) You acknowledge and agree that we may collect, store, disclose, use, and otherwise handle personal information about you in the course of your participation in the trial in accordance with our Privacy Policy, which is available here: https://www.natio.com.au/pages/privacy-policy
(e) These Terms constitute the entire agreement between us in relation to the trial and replace all earlier representations, statements, agreements, and understandings.
(f) These Terms are governed by the laws in force in Victoria, Australia. You agree to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
If you have any questions or comments regarding the Natio Men Plus Consumer Product Trial, please contact us at support@natio.com.au.

12. Updates and Amendments

(a) Natio reserves the right to update or amend these Terms and Conditions at any time. Any updates or amendments will be effective immediately upon posting the revised Terms and Conditions on the Natio website (www.natio.com.au) or otherwise communicating the changes to trial participants. Your continued participation in the trial following any such updates or amendments constitutes your acceptance of the revised Terms and Conditions.