WEBSITE TERMS OF USE

APPLICATION OF TERMS

  1. These terms apply to any person or entity (“you/your”) accessing https://www.emadderleynutrition.com/ (“our/the website”).

  2. This website is owned and operated by Emma Katherine Adderley ABN 12 717 143 579 trading as Em Adderley Nutrition (“we/our/us”).

  3. We offer an online program (“members portal”) and coaching services a described more fully on our website.  Our services can be purchased online via our website, or by contacting support@emadderleynutrition.com.  

  4. By accessing and using our website and/or member portal you agree to be bound by these terms.  If you do not agree to be bound by these terms you may not use the website and/or members portal.

  5. We may amend these terms and conditions from time to time.

  6. These terms are governed by the laws of Australia.

COLLECTION AND USE OF PERSONAL INFORMATION

  1. You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available here and the applicable law. 

  2. When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

  3. We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

  4. We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains: -

    a) how we store and use, and how you may access and correct your personal information; 

    b) how you can lodge a complaint regarding the handling of your personal information; and 

    c) how we will handle any complaint. 

  5. If you would like any further information about our privacy policies or practices, please contact us.

  6. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms. 

PRODUCTS AND SERVICES

  1. We offer for sale all products and services listed on our website.

  2. We reserve the right to amend the range and prices of our products and services at any time.

  3. All products and services are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.

  4. The materials appearing on our website may include technical, typographical, or photographic errors. We do not warrant that any of the materials on our website are accurate, complete or current. We may make changes to the materials contained on our website at any time without notice, however, we do not make any commitment to update the materials.

PAYMENT METHODS

  1. All services and are managed and invoiced directly by us, via Xero and all payments are processed via Stripe. 

  2. All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

  3. Payment will be taken on the date you purchase your online program via our website.

  4. Our website/coaching services provided by us are an ongoing agreement. We will continue to invoice our fees and charges relating to your selected services through your nominated payment method. If any payments are not made, for any reason, by the invoice due date, we will suspend your program access to our coaching services until payment is made. 

  5. Repeated failed payments may be referred to a third-party collection service.

ONLINE DELIVERY

  1. For online products and services, delivery will occur immediately following receipt of payment.

  2. We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.

REFUNDS AND RETURNS

  1. Given the nature of downloadable products, we do not offer returns or refunds unless required under Australian consumer law. We do not accept returns, provide refunds or credits for change of mind, unused coaching services, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.  

  2. If you have been accidentally charged twice for the same product/service, you are entitled to a full refund for the duplicate charge. 

  3. If you are dissatisfied for any reason or if your downloaded product is faulty or significantly different to that described on our website, please contact support@emadderleynutrition.com

  4. Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

BOOKINGS AND CANCELLATION

  1. Bookings to use our services will not be effective until confirmed by us.

  2. If you wish to cancel or reschedule the following fees may apply: 

    a) Less than 48 hours’ notice of cancellation or rescheduling, a cancellation fee equal to 25% of the cost of the booking will be payable.

    b) Any deposit paid will be forfeited upon cancellation and will be used to satisfy the cancellation fee payable, or part thereof.

    c) A cancellation fee will apply regardless of whether a deposit has been received.

  3. If a booking is cancelled by us, no cancellation fee will be payable and you may reschedule or receive a full refund.

INTELLECTUAL PROPERTY, USE OF CONTENT AND RESTRICTIONS

  1. Our website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

  2. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.  This includes sharing content or recipe breakdowns on social media platforms or other public forums.  You may share photos related to the recipes, program or services for testimonial purposes only.

DISCLAIMERS

  1. To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. By using our website, you acknowledge that your access and use of our website is at your own risk and you agree to accept full responsibility for all actions and decisions related to your diet and nutrition.

  2. We make no representation or warranty with respect to the accuracy or completeness of the content provided on our website.  Nor do we represent or warrant that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

  3. The website and our services are educational and informational resources only and are not to be considered prescriptive or a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

  4. It is imperative that all products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, we do not accept any liability for, and are not responsible for, any damage, loss or injury caused by the use or misuse of our products.

  5. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

  6. Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.  Any reference to a specific product or brand are provided for informational purposes only and do not constitute an endorsement of such product or brand. 

ACCEPTABLE USE POLICY

You must not use our website in any way that we deem to be inappropriate or unlawful, including but not limited to:

a) any breach of privacy or any infringement upon the legal rights of any other person;

b) defamation;

c) uploading any virus, malware or other malicious software;

d) posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable. 

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

GENERAL

  1. These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

  2. For us to waive a right under these terms, the waiver must be in writing.

  3. If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

  4. We reserve the right to modify these terms at any time. You are responsible for regularly reviewing these terms.

  5. For any questions or clarification of these terms, please contact us on support@emadderleynutrition.com.