The website (https://nutritioncoach.com.au/) and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned and operated by Barnes, Kate Alison trading as Nutrition Coach ABN 53 052 737 348 (‘Nutrition Coach’, ‘we’, ‘us’). The terms ‘you’ and ‘user’ ‘client’ refer to any user or browser of the Website or purchasers of our Services.
The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By making enquiries or sending messages, requesting for any information, consultation, dietary assessment, personalised meal plan, purchasing any meal plan (‘Course’) via the shop, posting a comment on the Website, downloading any of our associated materials, or subscribing to any of our services or newsletters, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’).
You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.
These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
1. SERVICES DISCLAIMER
Our Website and Services aim to provide a source of nutrition information and education for individuals interested in nutritional health, and are not intended to diagnose, treat, cure or prevent any disease or specific medical condition. The information, content, blog, messages, images, materials, and resources contained in or available through the Website and Services, are provided in good faith for general information purposes only. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every individual. To the extent that we provide any explicit or implied recommendations, such recommendations are only general and are not specific for individual cases.
We may report on or display the success of our existing or previous clients or customers. You acknowledge that the prior success of others does not guarantee your success. As your results are based on your individual capacity, background, dedication, motivation, experience and level of desire, there are no guarantees concerning the level of success you may achieve. Choosing to use our information, products and Services should be based on your own due diligence and you agree that we are not liable for any success or failure that is directly or indirectly related to the purchase and use of our information, products, and Services reviewed or advertised on this Website.
The information contained on this Website is not intended as a substitute for professional medical advice, Your reliance on any of our Services or information contained in or available on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results from the Services. Always seek the advice of your doctor when starting any new treatments, diets or supplements, when deciding whether to continue medical or other treatments, or to ask any questions you may have regarding your medical or other conditions.
2. PERMITTED USE
Nutrition Coach prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any unlawful purpose or to solicit the performance of any illegal activity or other conduct that infringes our rights or the rights of others.
You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.
3. ENQUIRIES, REGISTRATION AND SUBSCRIPTION
By making a preliminary enquiry, request for further information, request for an online consultation, request for a dietary assessment, request for a personalised meal plan, purchasing a meal plan (‘Course’) via the shop, sending a message via the Website or via social media, posting a comment on the Website, downloading any of our associated materials, subscribing to any of our services or newsletters, you will be added to our email list and consent to receiving electronic communications from us. You can choose to opt out of receiving communications from Nutrition Coach at any time by following the instructions on the form to unsubscribe from our email communications, or emailing us at firstname.lastname@example.org.
Cancelations and Refunds
Whilst Nutrition Coach makes every effort to avoid clashes and/or cancellation of appointments, Nutrition Coach, at its sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.
We do not offer refunds for change of mind or missed consultations. If you voluntarily decide to refuse treatment or withdraw from the Services at any time for any reason, or cancel the Services within twenty-four (24) hours of the scheduled appointment, we reserve the right to charge you for our professional fees or count the session as fulfilled.
Requests for refunds for online consultations, dietary assessments, personalised meal plans, and meal plans ordered via our shop, must be in writing and will be subject to our sole discretion. Requests for refunds will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds.
We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the Services have been exhausted or in circumstances where there has been a major failure, where applicable, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.
Nutrition Coach provides personalised content (in the form of video files, audio files and written resources) that can offer assistance to individuals seeking to improve their nutritional health. Your personalised report and meal plansprovide insights that may enable you to make more informed health and wellness decisions.
During the online consultations, you may elect to share information regarding your health, medical conditions or personal matters. Nutrition Coach warrants that all information provided in this context will be treated as Confidential Information.
In circumstances where you are part of group discussions or information sharing, participants of the discussion will be also be obliged to respect the confidentiality of other participants, however, we cannot assume responsibility or protect Confidential Information shared in this capacity. We therefore request that participants be mindful of the information they elect to share, respectful of the other participants and of the requirements of participating in closed-group discussions with regards to Confidential Information.
Obligations with Respect to Confidential Information:
- may use Confidential Information of the Discloser only for the purposes of this Agreement;
- must keep confidential all Confidential Information of the Discloser except:
- where it was rightfully communicated to the Contractor free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the Discloser;
- it was in, or entered into the public domain at the time it was communicated to the Recipient by the Discloser; or
- to the extent (if any) the Recipient is required by law to disclose such Confidential Information; and
- must destroy or return all Confidential Information immediately upon request, subject to any legal obligations the Recipient has with regard to maintaining client records.
Personalised Reports and Meal Plans
As part of the delivery of our Services, you are required to submit a form providing us with information to assist in the provision of your personalised report and meal plans. Before submitting your form, you agree to the following:
- You are 18 years of age or older, and any health information you provide is either your own, of a person for whom you are a parent or legal guardian, or whom you have obtained legal authorisation from to provide their health information to Nutrition Coach.
- You acknowledge you are providing your personal data of your own free will, and at your own risk.
- You consent to Nutrition Coach interpreting your personal data and information on your health for the purpose of providing a personalised report and/or meal plans.
- Nutrition Coach may provide additional reports based on your health information and may communicate with you about new findings or offer you the opportunity for further analysis. You will be able to opt out of receiving further information or request to have your personal data updated or deleted at any time.
- Your reports will be treated as your property and will never be disclosed or shared with third parties including your insurance company and employer.
- Nutrition Coach may analyse your de-identified results for evaluation, research and marketing purposes.
- Nutrition Coach will only report on actionable findings that have a high degree of credibility which have been reviewed and signed off by the Nutrition Coach team. Anything that falls out of this scope will not be reviewed or reported.
- Nutrition Coach’s report may not cover all medications or nutritional supplements that you may be taking.
- All data and any results generated are held confidentially within a secure data protection protocol.
- You have been offered the opportunity to ask questions and are aware you can book a video consultation with a practitioner that provides diet and lifestyle advice, recipes and supplement advice.
5. ONLINE SHOP
Purchases & Pricing
If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a purchase you represent and warrant that you are at least 18 years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.
Prices for Services quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.
Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Payments for all Services purchased are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.
Gateways and Merchants
We reserve the right to change the preferred payment gateway from time to time and without notice.
Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the Services via the payment facilitator, Stripe. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Nutrition Coach reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
6. INTELLECTUAL PROPERTY
These Terms and Conditions do not transfer from us to you or any third parties any of our or a third party’s intellectual property. All rights, titles, and interests, including, without limitation, Intellectual Property Rights, in the Website and Services will remain solely with Nutrition Coach.
For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.
7. THIRD-PARTY INFORMATION AND LINKS
The Website may contain links to third-party websites or resources by way of recommendations of the provision of relevant information. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do these links imply any commercial endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
We may, from time to time, provide information from a third party in the form of a podcast guest interview, guest blog post, or interview through other media. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information they provide and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any of our podcasts agree to transfer all intellectual property rights they may have in any such interviews to us, and further provide an unlimited, world-wide, royalty-free licence to any rights they are unable to assign.
8. USER-GENERATED CONTENT
The Website and our Communication Services may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
9. PRIVACY AND SECURITY OF INFORMATION
Nutrition Coach is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, internet service companies and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(b) where at any time you have committed any act of willful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within 28 days of the stipulated date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or government authority; or
(g) upon a request by you.
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.
13. WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
14. WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
15. GOVERNING JURISDICTION
The laws of New South Wales govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
This Agreement (and all related documents, policies and legal notices) constitutes the entire agreement concerning your use of this Website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this Website.
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.
The failure of a party at any time to perform any obligation under the Terms and Conditions is not a waiver of that party’s right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.