Website Terms & Conditions
LAST UPDATED: 2nd JULY 2022
PROJECT NUTRITION
Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.projectnutrition.com.au (Website). The Website provides you with an opportunity to browse and purchase an online course (Course), physical products (Physical Products) and Eproducts (Eproducts) collectively called (Products) as well as book and purchase 1:1 nutrition consultations (Services) that have been listed on the Website. The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by Ebony Crameri (ABN: 17 026 134 940) t/as Project Nutrition (Project Nutrition). Access to and use of the Website, or any of its associated Products and Services are provided by Project Nutrition. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Project Nutrition reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Project Nutrition updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Project Nutrition in the user interface.
3. Booking, Rescheduling, Cancellation and Refunds for Services
3.1. Project Nutrition requires all bookings for the Services to be made via the booking system provided (Booking System).
3.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
3.3. Once you have made a booking for the Services, you will be required to make payment of the purchase price (Purchase Price) via Paypal or Stripe or other payment method as advised from time to time. Payment of the Purchase Price must be made at the time of your booking.
3.4. You must notify Project Nutrition of an intention to reschedule the Services as soon as practicable through e-mail to hello@projectnutrition.com.au and abide by the following (Rescheduling Policy).
3.5. Project Nutrition understands that things change, and therefore if you need to make a request to reschedule your booking time you agree to provide at least 48 hours notice. If you wish to cancel your appointment and seek a refund of the purchase Price and you have provided 48 hours notice, Project Nutrition will refund the Purchase Price less a $15 administrative fee.
3.6. Unfortunately, if you have to make changes within 48 hours of your scheduled session, you will forfeit the booking, and the Purchase Price involved and no refund will be provided.
4. Purchase of Products
4.1. In using the Purchase Services to purchase the Services and Products through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.
4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
4.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4. Following payment of the Purchase Price being confirmed by Project Nutrition, you will be issued with a receipt to confirm that the payment has been received and Project Nutrition may record your purchase details for future use.
4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.6. Where GST is applicable, unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Refunds and Returns for Products
5.1. Course
(a) You must notify Project Nutrition of an intention to cancel your involvement in the Course as soon as practicable through e-mail to hello@projectnutrition.com.au and abide by the following (Cancellation Policy).
(b) The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Purchase Price are non-refundable.
(c) For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Project Nutrition reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course will be revoked.
(d) In the event that any payment is not made in full on the due date, Project Nutrition is entitled to charge you interest at the rate of 5% per annum, calculated daily.
(e) You agree that if you default on any payments due and payable under these Terms, a $50 dishonour fee will be payable by you and any costs incurred by Project Nutrition for steps taken to enforce payment terms will be recoverable and payable by you.
(f) Project Nutrition will only provide you with a refund of the Purchase Price in the event that Project Nutrition is unable to continue to provide the Course (Refund).
5.2. Physical Products/Eproducts
(a) Project Nutrition does not provide change of mind refunds. Please keep this in mind when making a purchase.
6. Course Delivery and Licence Information
6.1. Each purchase of the Course grants to you access to the program through the platform provided (Membership Portal).
6.2. When you purchase the Course, Project Nutrition grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
6.3. The Licence is valid for the term of the Course only (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and you will no longer be able to access the Course.
6.4. The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
7. Delivery of Physical Products
7.1. You acknowledge that the Purchase Services offered by Project Nutrition integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
7.2. In providing the Purchase Services, Project Nutrition may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Project Nutrition is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Project Nutrition asks that you:
(a) contact the Delivery Service Provider directly within 7 days to request a refund; and
(b) contact Project Nutrition within 7 days by sending an email to hello@projectnutrition.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Delivery of Eproducts
8.1. Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@projectnutrition.com.au.
8.2. Project Nutrition will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
9. Warranty
9.1. Physical Products/Eproducts
(a) Project Nutrition Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
(b) If you have received a Physical Product or Eproduct that you believe is faulty or defective, please contact hello@projectnutrition.com.au with photographic proof.
9.2. Course and Services
(a) Project Nutrition will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Project Nutrition makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.
(b) The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Project Nutrition, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Products Disclaimer
10.1. You agree that when you purchase a Product, including participation in an Online Course, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Project Nutrition’s relationship with you, its educational materials and interactions with you. As such, you agree that Project Nutrition is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
10.2. You understand that the Products are not a substitute for medical attention, personalised dietetics advice, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed. Any information or guidance provided is general in nature only and is not intended to be personalised to you’re your specific circumstances or needs.
10.3. You agree to release and discharge Project Nutrition from and against all claims arising out of or in connection with the provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant who has received a Product from Project Nutrition.
11. Services Disclaimer
11.1. Project Nutrition will maintain Accredited Dietician Status.
11.2. You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Project Nutrition’s relationship with you, its educational materials and interactions with you. As such, you agree that Project Nutrition is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
11.3. You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
11.4. You should always speak with your physician or other health care professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of the Services. If you have or suspect that you have a medical problem, you should contact your health care provider.
11.5. If you have pre-existing medical conditions, are in poor health, or have any concerns as to the commencement of a new nutrition or fitness regime you should consult with an appropriate healthcare professional before beginning any nutrition or fitness program. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Website.
11.6. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
11.7. You acknowledge that the Services are provided on the basis of the accuracy and completeness of the information that you provide Project Nutrition, following Project Nutrition’s evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of the Services.
11.8. You acknowledge that by participating in or otherwise obtaining the Services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Website, or may be risks that are not known to you or are not readily foreseeable at the time of using the Services.
11.9. You agree to release and discharge Project Nutrition from and against all claims arising out of or in connection with provision of the Services and any techniques employed. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Project Nutrition.
11.10. If at any time Project Nutrition provides you with additional resources or reference material during any sessions, these resources and/or reference material is intended to be general information only.
12. Information Disclaimer
12.1. Project Nutrition does not guarantee specific results or experiences through the use of the Products. Any information, advice, content or documentation provided through the Products, including in any Eproducts, in the blog, on the Website or on any other related platform do not constitute medical, dietetics, professional, psychological or other advice, and are provided for general information and guidance purposes only.
12.2. All care is taken in the preparation of the information and published materials including in the Products, in the associated blog, on the Website or on any other related platform. Project Nutrition does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
12.3. To the extent permissible by law, Project Nutrition will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Products, associated blog, on the Website or on any other related platform.
13. Copyright and Intellectual Property
13.1. You acknowledge that the Website, the Purchase Services, the Course content, Project Nutrition’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Project Nutrition or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (Content).
13.2. You hereby indemnify and agrees to keep indemnified Project Nutrition against all liability, losses or expenses incurred by Project Nutrition in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Project Nutrition or any third party by you or your agents.
13.3. You may not, without the prior written permission of Project Nutrition and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13.4. For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Project Nutrition, Project Nutrition grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
14. Privacy
Project Nutrition takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Project Nutrition’s Privacy Policy.
15. General Disclaimer
15.1. You acknowledge that Project Nutrition does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.
15.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
15.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Project Nutrition will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.4. Use of the Website, the Purchase Services, and any of the Products and Services of Project Nutrition is at your own risk. Everything on the Website, the Purchase Services, and the Products of Project Nutrition, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Project Nutrition make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Project Nutrition) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(c) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(d) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(e) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(f) the Content or operation in respect to links which are provided for your convenience;
(g) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(h) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. User Generated Content
16.1. If you choose to contribute any content to the Website or any other platform operated by Project Nutrition, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
16.2. By contributing content to the Website, you grant Project Nutrition a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Project Nutrition.
16.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Project Nutrition can use that information with Your Content for advertising and promotional purposes, or any other business purpose
16.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Project Nutrition social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Project Nutrition. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
16.5. Please ensure you keep your own copies of Your Content as Project Nutrition may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
16.6. Project Nutrition will endeavour to provide you with an appropriate credit when using Your Content on Project Nutrition platforms, though you understand and agree this may not always be possible.
16.7. Project Nutrition reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
17. Mailing List Registration
17.1. You will be given the option to register for the Project Nutrition Mailing List (Mailing List).
17.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile telephone number
17.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Project Nutrition.
18. Limitation of Liability
18.1. Project Nutrition's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Project Nutrition is the resupply of information or Purchase Services to you.
18.2. You expressly understand and agree that Project Nutrition, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18.3. Project Nutrition is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Project Nutrition, by third parties or by any of the Purchase Services offered by Project Nutrition.
19. Indemnity
19.1. You agree to indemnify Project Nutrition, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
20. Venue and Jurisdiction
The Purchase Services offered by Project Nutrition is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
21. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
23. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.