Terms & Conditions / Disclaimer

 

PLEASE READ THE TERMS & CONDITIONS BEFORE USING THIS WEBSITE.  USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

The Website is owned by “Simply Nourished” and is offered to Users conditionally upon their acceptance of the “Terms and Conditions” without modification. “We”, “us”, and “our” refers to “Simply Nourished”.

Access and use of this Website is subject to its Terms and Conditions and all applicable Australian Commonwealth, State and Territory laws. By using the website in any way, the user has agreed to these Terms and Conditions.

We reserve the right to amend these Terms and Conditions at any time. When we do, we will revise the updated date at the end of this document. We encourage Users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and become aware of modifications. The Users continued access to this Website will constitute their acceptance of any changes or revisions to the Terms and Conditions.

The failure of Users to follow these Terms and Conditions may result in their suspension or termination of access to the Website without notice.

The material on this site and its social media pages is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. We expressly disclaim responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site and its social media pages.

Should you have any healthcare-related questions, please contact your doctor or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read on this site or its social media pages.

This Website is the sole copyright property of Simply Nourished. Other than for the purposes of and subject to the conditions prescribed under the Australian Copyright Act of 1968 and the applicable law that applies in the User’s jurisdiction, the User may not, in any form or by any means: adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or commercialise any information, products or services obtained from any part of this Website, without written permission from us. Users agree to notify us in writing if they wish to claim that the content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

This Website and its social media pages may contain links to third-party sites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. Those links are provided for convenience only and may not remain current or be maintained. Links to other sites should not be construed as any endorsement, approval, recommendation or preference by us. We strongly advise that you read the terms and conditions and privacy policy of any third-party site that you visit.

We reserve the right to review, edit, move or delete any material provided for display or placed on the Website without notice. We also reserve the right to terminate or suspend the User’s ability to access the Website, for any or no reason, without notice and without liability.

All electronic addresses of Simply Nourished published on the Website are for business purposes only. The publication of those electronic addresses should not be taken as consent by us to receive unsolicited commercial electronic messages not directly related to the Website.

By consenting to a Website subscription/email subscription or liking/following our Facebook page and/or any other of our social media pages, you are consenting to receiving electronic communications from us. You can withdraw your consent by unsubscribing from the Website at any time, removing the ‘like’ on our Facebook page, and unfollowing our other social media pages.

We will not be held responsible for Content provided by third parties.

We do not warrant that our Website, newsletters, or any other of our social media pages is compatible with your computer equipment or that this Website and any other of its social media pages or their servers are free of errors or viruses, etc. and we are not liable for any damage you may suffer as a result of such destructive features.

Any attempt to deliberately damage the Website, newsletters, or any of its social media pages, or to otherwise undermine the legitimate operation of any competitions, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, we reserve the right to seek damages to the fullest extent permitted by law.

While we are pleased to receive feedback, comments and ideas from visitors to the Website and its social media pages, any information that Users submit through the Website and its social media pages will be considered non-personal, non-confidential, and non-proprietary (other than personal information). If Users transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, or its social media pages, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.

This Website is governed by the Law of the Australian Commonwealth, State and Territory laws.

When using the Website and its social media pages, Users represent that they are at least 18 years of age, or the legal age to form a binding contract in their jurisdiction if that age is greater than 18 years of age, and Users agree to provide accurate and complete information. If we suspect that any data or information that a User provides is inaccurate or incomplete, we may suspend or terminate any account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under the age of 18.  Users under the age of 18 can use the Website and its social media pages only in conjunction with, and under the supervision of, a parent or guardian who has agreed to the Terms and Conditions.

Users shall indemnify, defend and hold harmless, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, legal fees, accounting fees, and expert witness fees arising out of or related to;

1.       your use of the Website, and its social media pages, or its Content and

2.       any breach or non-compliance by you of these Terms and Conditions.

We shall have the right of our own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by Users. Users shall not in any event settle any matter without the prior written consent.

We reserve the right to seek all remedies available at law or in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the Website.

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 All prices quoted are subject to change at any time.

CURRENCY: The services provided by Simply Nourished are priced in Australian Dollars and are billed in Australian Dollars. We strongly advise that you check the currency of any third-party site that you visit from links provided on the Simply Nourished website and social media platforms.

REFUNDS: All purchases made from Simply Nourished are final. All of our consultations, sessions, coaching, products, packages, and programs are non-refundable.

DISCLAIMER

The material on this site and its social media pages is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. We expressly disclaim responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site and its social media pages.

Should you have any healthcare-related questions, please contact your doctor or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read on this site or its social media pages.

Furthermore, by participating in/purchasing any of our services, you acknowledge that we are not medical professionals and, as such, our services are in no way to be construed or substituted for any type of medical advice. We will continually implement our utmost professional efforts, skills and care, however we cannot guarantee the outcome of our services.

This document was last updated on 18th May 2018.