TERMS & CONDITIONS
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Services” means any of the nutrition services we offer for sale on o ur Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our nutrition Services.
2.3 By using the website or by purchasing a nutritional analysis or package, you acknowledge that you agree to these terms adn conditions.
2.4 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your forms and instructions for use along with a schedule of advice/analysis.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order nutrition Services.
2.6 If in future, you buy nutrition Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the nutrition Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account. You should tell us immediately if you believe some person has accessed your account without your authority.
4 Price, payment and service provision
4.1 You agree to pay the one-off, weekly, or 3 or 6 month fee (depending on which option you choose).
4.2 Our nutrition Services will be provided by email / making them available for you to download / in the way we have explained in our Website.
4.3 We may change the nature or provision of the nutrition Services at any time. We may tell you about any such change by email or by posting details on Our Website.
4.4 If we change the nature or provision of the nutrition Services, you may terminate this contract.
4.5 If a change we make in the provision of the nutrition Services, involves action on your part, and you do not take that action, we are entitled to terminate the nutrition Services to you without notice.
4.6 You may not share or allow others to use the nutrition Services in your name.
4.7 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5 Foreign taxes and duties restrictions
5.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
5.2 You are responsible for purchasing Services which you are lawfully able to use and for the payment of taxes of any kind levied in your country.
6 Dissatisfaction with the Services
6.1 If for any reason you are not completely happy with your purchase, just contact us within 30 days, and we will refund your entire purchase price.
6.1.1 exactly why you think we have failed;
6.1.2 the date, if relevant, of the failure;
6.1.3 when and how you discovered the failure;
6.1.4 the result of the failure;
6.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.
6.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.
7.1 If any our visitors or customers have any existing or new medical condition, then they should consult a doctor/GP prior to using our nutrition services. Louise Adderley is a fully qualified nutritionist and not a clinically trained dietician, therefore cannot advise on any medical conditions.
7.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the nutrition Services, at any time and without advance notice.
7.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
7.4 We give no warranty and make no representation, express or implied, as to:
7.4.1 the adequacy or appropriateness of the nutrition Services for your purpose;
7.4.2 any weight gain or lack of weight loss or any arising medical issues due to visitors and customers not adhering to advice and/or consuming foods/drinks/extra kilojoules;
7.4.3 the truth of any Content on Our Website published by someone other than us;
7.4.4 any implied warranty or condition as to merchantability or fitness of the nutrition Services for a purpose other than that for which the nutrition Services are commonly used;
7.4.5 compatibility of Our Website with your equipment, software or telecommunications connection.
7.5 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
7.7 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8 System Security
8.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
8.2 You may not use any software tool for the purpose of extracting data from our website.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9 Confidential Information and Intellectual Property Rights
9.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
9.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
9.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10 Your email address
10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Miscellaneous provisions
12.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
12.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
12.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
12.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
12.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.