1.  Introduction 

  (a)  The Nutritionelly website and incorporated online store, located at www.nutritionelly.com (Website), is owned, controlled and operated by Elspeth Alexandra McLean (75 256 331 838) (Nutritionelly, we, our, and/or us). 

  (b)  As a condition of using the Website including purchasing any of our Products on the Website, you agree to the following terms and conditions (Terms) and our privacy policy (see https://www.nutritionelly.com/privacy-policy) (Privacy Policy) and to be legally bound by these Terms and the Privacy Policy. 

 (c)  If you do not agree with the Terms and the Privacy Policy, you should stop using the Website. 

 (d)  We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time. 

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2.  What We Do 

  (a)  We run a holistic nutrition clinic business called Nutritionelly, which offers consultations and Programs (face to face or virtually) relating to nutrition (the Business). 

  (b)  Our Business offers the following services via the Website (the Products): 

      (i)  1:1 Nutrition Consultations; 

      (ii)  1:1 Nutrition Programs; and 

      (iii)  Plant Based Kick Starter Program. 

  (c)  You may find out more about the Products we offer on the Website (https://www.nutritionelly.com/workwithme).

 

3. More About Our 1:1 Nutrition Consultations
Please note the following regarding our 1:1 Nutrition Consultations (Consultations): 

  (a)  We provide the Consultations as follows:

      (i)  In person at our Torquay clinic; and/or 

      (ii)  Virtually via Zoom. 

  (b)  We provide the Consultations for the following purposes: 

      (i)  To connect you with nutrition that is right for you; and 

      (ii)  To help you achieve your health and training goals. 

  (c)  We reserve the right (in our sole discretion) to refuse to provide you or continue to provide you with any Consultation if it becomes obvious to us that the services are not suitable for you. 

  (d)  You are also able to book a complimentary discovery call with us to determine whether we are the right fit for you (Discovery Call). 

  (e)  New clients, or returning clients who have not attended a Consultation or Program in the preceding 12 months, are required to book 

an initial consultation as their first session with Nutritionelly (Initial Consultation), unless Nutritionelly otherwise agrees in writing. 

  (f)  A reference to a Consultation in these Terms, includes Initial Consultations. 

 

4. More About Our 1:1 Nutrition Programs
Please note the following regarding the 1:1 Nutrition Program Product (Program): 

  (a)  We provide the Programs as follows: 

      (i)  In person at our Torquay clinic; and/or 

      (ii)  Virtually via Zoom. 

  (b)  We supply the Programs to provide top level support, accountability and structure for your health and healing journey.

  (c)  We reserve the right (in our sole discretion) to refuse to provide you or continue to provide you with any Programs if it becomes obvious to us that the Programs are not suitable for you. 

  (d)  You are also able to book a complimentary discovery call with us to determine whether the Program is right for you (Program Discovery Call). 

  (e)  New clients, or returning clients who have not attended a Consultation or Program in the preceding 12 months, are required to book an initial program consultation as their first session with Nutritionelly (Initial Program Consultation), unless Nutritionelly otherwise agrees in writing. 

  (f)  A reference to a Consultation in these Terms, includes Initial Program Consultations. 

 

5. More About Our Plant Based Kickstarter Program 

Please note the following regarding the Plant Based Kickstarter Program Product (PBKS Program): 

  (a)  We provide the PBKS Program online through our Website and other virtual channels as required. 

  (b)  We supply the PBKS Program to guide you through a unique approach to plant-based nutrition that’s easy and delicious to follow. 

  (c)  We reserve the right (in our sole discretion) to refuse to provide you or continue to provide you with the PBKS Program if it becomes obvious to us that the Program is not suitable for you. 

 

6. Bookings 

  (a)  We accept booking requests (each a Booking Request) for bookings for our services (Bookings) from customers across the globe. You  agree that these Terms apply to all Bookings and are binding on you.

  (b)  Booking Requests can be placed as follows: 

      (i) For Consultations and Programs: 

        (A)  Through our Website at: www.nutritionelly.com/book 

        (B)  By email to elly@nutritionelly.com or hello@nutritionelly.com; 

        (C)  By phone to 0413 919 581; and 

        (D)  By direct messaging us on our Instagram: @nutritionelly 

      (ii) For the PBKS Program: 

        (A)  Through our Website at: www.nutritionelly.thinkific.com 

        (B)  By email to elly@nutritionelly.com or plantbasedkickstarter@nutritionelly.com; 

        (C)  By phone to 0413 919 581; and 

        (D)  By direct messaging us on our Instagram: @nutritionelly 

  (c)  Other booking methods may also be available to you from time to time. 

  (d)  You are required to pay a 50% deposit before you can book an Initial Consultation or Initial Program Consultation (or other Products in the future, where required by us) (Deposit). Subject to clause 11 and unless we otherwise agree, we do not offer refunds on Deposits paid where you wish to cancel the relevant consultation for ‘change of mind’. 

  (e)  These Terms supersede all prior correspondence in relation to any Booking Request (verbal, written, graphic or otherwise). Any changes to Bookings may only be made with our approval. 

  (f)  While we try our best to fulfil all Booking Requests and Bookings, you agree that we have the right to accept, reject or cancel a Booking Request or Bookings for any reason at any time, and all Booking Requests are subject to availability of the relevant Products. If we cancel a Booking which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Booking. 

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7. Pricing, Payment and Promotions 

  (a)  Product prices, payment terms and shipping fees (if applicable) are specified on the Website or may be provided by us to you via email, phone or Instagram. We reserve the right to change Product and shipping pricing (if applicable) at our discretion and without notice. 

  (b)  Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the booking total where legally required and you are purchasing within Australia. 

  (c)  To purchase Products via our Website, you must use a valid credit and debit card. We use Stripe, a third party payment processor, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment. We may offer other payment methods to you from time to time such as EFTPOS transfers. 

  (d)  We may, in our discretion, agree for you to pay for the Products by way of a payment plan or installations (Payment Plan). We may impose additional terms and conditions on you in relation to any Payment Plan arrangement. 

  (e)  We may offer sales, vouchers and discount codes (each a Promotion) from time to time, and you agree that: 

      (i) Promotions apply to full priced items only; 

      (ii)  Only one discount code can be used in connection with a Booking; 

      (iii)  Discount codes cannot be used in conjunction with any other offer; 

      (iv)  Discount codes are not transferable; 

      (v)  Discount codes and vouchers must be used by the date specified (where applicable); 

      (vi)  Promotions and vouchers cannot apply retrospectively to previous Bookings; and 

      (vii)  We may change or cancel any Promotion at any time and without notice within its sole discretion. 

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8. Policy on Rescheduling and Cancellations 

  (a)  Subject to clause 11 and unless we otherwise agree, we do not offer refunds on purchases of Programs or PBKS Programs for ‘change of mind’. 

  (b)  Subject to the terms of clause 11 and unless we otherwise agree, you may only reschedule or cancel a Consultation, Initial Consultation or Initial Program Consultation (Initial Appointments) by submitting a request to us via email at hello@nutritionelly.com or through the link provided to you when we confirmed your Booking (Change Request). Where you submit a Change Request, the terms listed below in clause 8 shall apply to you. 

  (c)  If you submit a Change Request for an Initial Appointment at any time, subject to the terms of clause 11 and unless we otherwise agree, your Deposit is non-refundable. 

  (d)  If you wish to reschedule an Initial Appointment, subject to the terms of clause 11 and unless we otherwise agree: 

      (i)  The rescheduled Initial Appointment will be charged at full price (less the Deposit already paid); and

      (ii)  You must submit a Change Request at least 36 hours prior to the scheduled Booking time, otherwise, we reserve the right to not reschedule the Initial Appointment and to treat the Change Request as a cancellation. In accordance with clause 8(c), subject to the terms of clause 11 and unless we otherwise agree, any Deposit paid will be non-refundable. 

  (e)  If we do not receive a Change Request from you before the start time of your Initial Appointment, you will be required to pay the full price, regardless of whether you show up for the Booking or not. 

  (f)  If you submit a Change Request for Consultations other than Initial Appointments: 

      (i)  If it is received by us within 36 hours of the start time of your Booking: 

        (A)  you remain liable to pay 50% of the full price of the Consultation in consideration for making the Change Request; and 

        (B)  if you wish to reschedule the Consultation, the rescheduled Consultation will be charged at full price. 

      (ii)  If it is received prior to 36 hours from the start time of your Booking, you are not required to pay for the Change Request, and if you have paid (in full or in part) for the Consultation, you will receive a full refund. 

  (g)  If we do not receive a Change Request from you before the start time of your Booking for Consultations other than Initial Appointments, you will be required to pay the full price of the Consultation, regardless of whether you show up for the Booking or not. 

  (h)  We appreciate your understanding in our rescheduling and cancellation policy. It has been designed to ensure that people in need of support do not miss out on an appointment time that could otherwise have been made available to them. 

 

9. Our Content 

  (a)  We will provide you with various content in relation to each Product you purchase (Content). The Content will be sent to you either in PDF format (via the email address you provide to us) or digitally, where you will be provided with a password to access the Content. 

  (b)  Any date or period of time given by us in relation to the sending of or making available of Content (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where Content is not sent within the estimated time frame. 

 

10. Intellectual Property 

  (a)  Nutritionelly is a trade mark used and owned by Elspeth Alexandra McLean. Other product and company names displayed on the Website may also be trade marks of their respective owners. 

  (b)  We are the exclusive owner of, or otherwise have a licence to use, all Intellectual Property material contained in the Website, the Content and otherwise incorporated into the Products (Our IP). 

  (c)  No Intellectual Property rights in Our IP are transferred to you through your purchase of any Products or use of our Website. 

  (d)  While you may use any of Our IP for your personal use, you must obtain our prior written permission if you would like to use Our IP Content for any other purpose. ​

 

11. Australian Consumer Law 

  (a)  Our goods and services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms. Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of Products via our Website.

  (b)  Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law. 

 

12. Limitation Of Liability 

Subject to clause 11 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree: 

  (a)  Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from: 

      (i)  your use of or reliance on this Website (including all Content), however incurred; 

      (ii)  any periods of downtime, suspension or revocation of access to the Website (or any part of it);

      (iii)  delays to, interruptions of or cessation of the Website (or any part of it); 

      (iv)  errors or omissions in the Website (or any part of it); 

     (v)  any material or information supplied on or removed from the Website including the Content; and/or 

      (vi)  your use of the Website (or any part of it), including use in breach of the Terms; 

  (b)  We do not make any representations, warranties or guarantees in relation to the supply of goods or services by us via the Website; and 

  (c)  We hereby disclaim all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website. 

 

13. ​Making Use of Our Products 

  (a)  You agree not to act on any advice provided by us to you as part of any of our Products (Advice), unless you fully understand it. 

  (b)  You acknowledge and agree that it is your sole responsibility to ask any questions or clarify any uncertainties before acting on any Advice provided by us. 

  (c)  You agree not to provide our Advice to any other person. We assume no duty of care, and expressly disclaim all liability, in relation to any third parties to whom you give the Advice to. 

 

14. Product Disclaimers

  (a)  You acknowledge and agree that: 

      (i)  We cannot guarantee that our Consultations, Programs or PBKS Programs will cure, treat, alleviate or relieve any medical or health conditions you may have; and 

      (ii)  The Products are not intended as a substitute for the advice provided by your doctor or other primary health provider. 

  (b)  We provide recommendations relating to nutrition and lifestyle that we believe are likely (based on our training and experience) to be effective, but we cannot guarantee results. 

  (c)  Subject to clause 11, by purchasing any Products from our Website, you agree and acknowledge that:

      (i)  Nutritional information provided as part of our Products is based on extensive research. Before relying on any Nutritional Information, you should carefully evaluate the accuracy, completeness and relevance of the information to your particular purposes and health. 

      (ii)  The Products may not be suitable to your particular circumstances. You should make your own inquiries and seek relevant independent advice before using our Products, as well as before acting on any Advice or using any Content made available to you in relation to our Products. 

      (iii)  If you are pregnant or breastfeeding and have a new or pre-existing medical condition, we recommend that you seek medical advice before acting on any Advice or using any Content made available to you in relation to our Products. 

      (iv)  If you have a food allergy or intolerance, pre-existing medical condition, take medication or are insulin-dependent, we recommend that you seek medical advice before acting on any Advice or using any Content made available to you in relation to our Products. 

      (v)  You should never disregard, avoid or delay obtaining medical advice from your doctor other qualified health care provider because of something you have read, watched or listened to on the Website or as part of our Products. 

 

15. Personal Information 

  (a) We are committed to the transparent management of your personal information.

  (b)  So that we can take your Booking Requests and provide you with Products, we will need to collect certain personal information from you including health information. 

  (c)  Please refer to our Privacy Policy (https://www.nutritionelly.com/privacy-policy) for more information on how we collect, store and handle your personal information. 

 

16. Third Party Links 

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warrant ies as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

 

17. Indemnity 

  (a)  You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms. 

  (b)  We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us. 

  (c)  Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim. 

 

18. Governing Law 

  (a)  The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms. 

  (b)  If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. 

  (c)  This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located. 

 

19. Definitions 

 (a)  Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise. 

  (b)  Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business. 

  (c)  Intellectual Property means all rights in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, techniques and confidential information. 

  (d)  Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.