The Mindful Dietitian

Terms and Conditions of Use

1. ABOUT

(1) Welcome to www.themindfuldietitian.com.au (the ‘Website’). We are a community of dietitians and health professionals engaged in a collective mission to help others live a well-lived life.

(2) The Website is operated by [Insert name of Trustee] for The Louder Business Trust (ABN 82 406 965 804) (‘The Mindful Dietitian’) and these terms and conditions (‘Terms’) govern your use of our Website.

(3) The Mindful Dietitian grants licenses to its users (our ‘Users’) to access online supervision, training and courses, video content, resources (‘Digital Content’). These Terms apply to all sales of products and services (‘Products and Services’) from our Website (our ‘User Services’).

(4) These Terms, along with our ‘Privacy Policy’, which form a part of these Terms, govern Users use of the Website and our User Services.

(5) Please read our Terms and Privacy Policy carefully before using the Website and accessing our User Services because these Terms and Privacy Policy create a contract between us and you.

(6) We may update these Terms from time to time. When The Mindful Dietician updates the Terms, it will use reasonable endeavours to provide you with notices of updates to the Terms. Any changes to these Terms will be effective from the date published on our Website.

2. REGISTRATION AND ACCEPTANCE OF TERMS

(1) 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.

(2) You must not accept the Terms if you are not of legal age to form a binding contract with The Mindful Dietitian or you are a person barred from receiving our Products and Services under the laws of Australia or other countries including the country in which you are resident.

(3) To obtain access to the User Services on our Website, User must sign up for a customer portal account (‘User Account’).

(4) By signing up for a User Account, User will be required to accept the Terms by clicking “I accept” in the User interface as a condition of joining as a User. By clicking the “sign up now” button you agree to our terms and conditions which gives notice to you through our user interface as follows:

By Registering, you agree that you've read and accepted our Website Terms and Conditions and you consent to our Privacy Policy.

(5) As part of the registration process for our User Services, User must provide current, complete and accurate identification, and other information required during the registration process including but not limited to:

(a) name;

(b) address;

(d) a valid email address;

(e) user name and password (‘Login Details’);

(f) financial details (if applicable); and

(g) other information as applicable to set up and administer User Account to access the User Services.

(“User Data”).

(6) You warrant that any information you give to The Mindful Dietitian in the course of completing the registration process will always be accurate, correct and up to date. If User Data changes, User must promptly update User Account to reflect those changes.

(7) After you have completed the registration process, you will be a registered User of the Website and agree to be bound by the Terms.

(8) Each time you use your Login Details, you will be deemed to be authorised to access and use our Website in a manner consistent with this agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Website.

(9) You are solely responsible for protecting the security and confidentiality of your Login Details and for all activities on our Website using those Login Details, including without limitation all communications and transmissions and any obligations, including financial obligations, which are incurred on our Website through such access or use of your Login Details

(10) Users own all right, title and interest in User Data. User grants to The Mindful Dietitian, or to any third parties used by us a license to use User Data in order for The Mindful Dietitian to perform its obligations under these Terms.

(11) User warrants that:

(a) User is fully able to participate in any exercise, dietary or physical regimen through the Digital Content that User has selected under the User Services without undue risk; and

(b) User is authorised to access our Website and that all relevant consents have been obtained to use our User Services.

(12) You agree that you have sole responsibility for protecting the confidentiality of your Login Details. Use of your Login Details by any other person may result in the immediate cancellation of your User Account.

(13) The Mindful Dietitian reserves the right to deny anyone access to a User Account at any time.

(14) By visiting, registering for, or using the Website, User agrees that The Mindful Dietitian may send direct communications including short message service (SMS) to the email addresses and devices that User makes available to access our products and services.

3. OUR RELIANCE ON YOUR ACCURACY OF INFORMATION

(1) You are responsible for making your own inquiries and seeking independent advice from a healthcare professional or other suitable expert before acting on any information or material made available to you through our Website or provided via our User Services. Our User Services may not be suitable to your particular circumstances.

(2) You acknowledge that our User Services are provided on the basis of the accuracy and completeness of the information that you provide us following our 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 these User Services.

(3) You warrant the truth, accuracy, currency and completeness of any information you provide us.

4. PAYMENT

(1) User agrees to pay the fees advertised or referred through our Website for the purchase of our Products and Services through our User Services.

(2) Payment may be made through bank transfer, Stripe, Inc. or PayPal Australia Pty Limited (“Payment Processing Service”) or otherwise as permitted on our Website.

(3) By purchasing through our Website, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

(4) All orders for our Products and Services must be pre-paid. Orders will only be sent out or available for download (for electronic products, such as eBooks) after full payment of the total amount is cleared.

(5) When you create a subscription to use our User Services and accept these Terms, you become a subscriber. You agree that you will be billed for the full term of the current subscription period and that you will pay the subscription fees for the entire current subscription period. If you are the subscriber, you are responsible for paying for your subscription and you authorise us to automatically charge you for any monthly recurring fee through the Payment Processing Service, together with any processing or other associated fees charged by the Payment Processing Service.

(6) You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

(7) The prices for Products and Services provided under this agreement will be as notified to you at the time you order the Products and Services, or as otherwise advised to you at the time of purchase from us. All prices are in Australian Dollars unless otherwise stated and are exclusive of GST. You agree that you are responsible for the payment of GST in the respect of the Products and Services as provided by The Mindful Dietitian as set out in the A New Tax System (Goods and Services Tax) Act 1999 (‘GST Act’).

(8) In using the Payment Processing Service, 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 Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.

(9) From time to time we may issue promotional or discount codes for use for purchases via our Website. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

(10) Users are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our User Services.

(11) If there are payment failures due to insufficient funds, incorrect or outdated payment information, The Mindful Dietitian reserves the right to:

(a) recover payment and deny a User access to our User Services; or

(b) cancel or suspend a User’s Account if we are unable to process the fees for our User Services.

You agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you, then you are liable for any costs, including banking fees and charges associated with any payments.

(12) We reserve the right to suspend or terminate a User Account if any misuse of fraudulent activity is detected.

(13) User access to the User Services will be disabled when User Account is suspended, terminated or User subscription ends.

5. POSTAGE AND SHIPPING

(1) You must make payment in full before we will dispatch the Products and Services.

(2) We ship within Australia and to the overseas countries in our sole discretion or as listed on our Website, if any. Please contact us by email if you require shipping to a country that is not listed on our Website.

(3) The Mindful Dietitian is authorised to deliver products at the address given to it by the User. We are deemed to have satisfied our delivery obligations under these Terms if The Mindful Dietitian delivers the products to the address given by the User.

(4) Postage and shipping costs are at User’s expense. The Purchase Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.

(5) You acknowledge that our products integrate delivery (the 'Delivery Services') through third-party delivery companies (the 'Delivery Service Providers').

(6) In supplying the products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that The Mindful Dietitian is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(7) The cost of any delivery and shipping will be automatically calculated for you at checkout on our Website.

(8) Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.

(9) You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.

(10) You are responsible to make all arrangements necessary to take delivery for the Products otherwise we will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.

(11) You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.

6. REFUND POLICY

(1) Except as required by law, any fee paid by User is final and non-refundable.

(2) Your purchase of Products and Services cannot be cancelled or refunds made after payment is processed or if you have buyer’s remorse. You will be entitled to a refund for faulty merchandise where required by law.

(3) We will facilitate a refund if we are unable to facilitate the completion of the User Services or if the delivery of our Products and Services is defective or if The Mindful Dietitian determines, in our absolute discretion, it is reasonable to do so.

(4) Refunds are made in our discretion subject to any guarantees that cannot be excluded by law.

(5) You are generally responsible for returning the product if it can be posted or easily returned. Except where otherwise required by law, you agree that any postage and shipping costs for returning faulty merchandise will be at your expense. You are responsible for any postage and shipping costs associated with any refund pursuant to this clause unless you are legally entitled to claim reasonable postage or transportation costs.

7. YOUR OBLIGATIONS AS A SUBSCRIBER

(1) As a User of the Website, User agrees that:

(a) a User Account is personal to User;

(b) User will abide by all safety and health guidelines and regulations posted in the Digital Content;

(b) User is solely responsible for maintaining the confidentiality of User Account and the secrecy of the Login Details;

(d) if User Account has been compromised in any way, User must contact The Mindful Dietitian immediately;

(e) User’s access to and use of the Website and the corresponding User Account is non-transferable;

(f) User will use the Website only for purposes permitted by these Terms; and

(g) User will abide by any applicable law, regulation or generally accepted practices or guidelines related to the User Services in the relevant jurisdictions.

(2) User will:

(a) exercise reasonable care, skill and diligence in using the User Services;

(b) use the User Services in a responsible manner and only in accordance with its intended use;

(d) access and use the Digital Content only in accordance with these Terms;

(e) implement, maintain and enforce suitable virus protection in relation to use of the User Services;

(f) use best efforts to ensure that no virus or similar computer programs are transmitted to the Digital Content as a result of access being granted to it.

(3) User will not:

(a) distribute, sell, publish, enable or allow access to User Account except directly to access User Services;

(b) use the Digital Content for any commercial purpose;

(c) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Website or the User Services or our Copyright Material or any part of it;

(d) use the User Services in any way prohibited by law, regulation, governmental order or decree;

(e) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats;

(f) copy, distribute or disclose any part of the Website or the User Services in any medium, including without limitation by any automated or non-automated “scraping”;

(g) not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

(h) impersonate a person or entity or misrepresent our affiliation with a person or entity;

(i) upload any content to our Website that includes any third-party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

(j) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Website or in the User Services; and

(k) sell, lease, publish, redistribute or sub-license Digital Content or any of our copyright material available through the User Services.

(4) You agree that you will not upload, post, transmit or otherwise make available any material on our Website that:

(a) is not your original work, or which may infringe the intellectual property or other rights of another person;

(b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(e) contains large amounts of untargeted, unwanted or repetitive content; or

(f) contains financial, legal, medical or other professional advice

(5) You agree that it constitutes a material breach of these Terms if you share your Login Details with any third party.

(6) You must not use the Website or User Services in connection with any commercial endeavours except for those specifically authorised by The Mindful Dietitian.

(7) You will not engage in any illegal or unauthorised use of the Website or User Services which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email.

8. INTELLECTUAL PROPERTY

(1) In these Terms:

“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

“Works” means any material made available on the Website and included our User Services, including (without limitation) written texts, documents, eBooks, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.

(2) User acknowledge that ownership of the Intellectual Property Rights relating to the Website or our User Services is the property of, licensed by or vest on creation in The Mindful Dietitian.

(3) The Works on the Website or generated by or related to any of our User Services including our Digital Content (‘Copyright Material’) are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.

(4) The Website and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, website or other medium for publication or distribution, without our express prior written consent. Users shall take due care to protect the Intellectual Property Rights licensed via our User Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

(5) All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

(6) Unless otherwise stated, The Mindful Dietitian retains all rights, title and interest in and to the Copyright Material on the Website and delivered under our User Services. Nothing User does on or in relation to the Website or our User Services will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design;

(c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or

(d) any proprietary rights to our database, know-how or technology.

(7) “The Mindful Dietitian” and all associated trade marks on the Website are our trade marks or any related entities. User must not use our trade marks:

(a) in or as the whole or part of User own trade marks;

(b) in connection with activities, products or User Services which are not ours; or

(8) Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website or any of our electronic products or downloadable material; or

(b) commercialise any information, products or services obtained from any part of our Website or any of our electronic products or downloadable material, without our written permission.

(9) By uploading, transmitting, posting or otherwise making available any material via the Website and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights including as defined by the Copyright Act 1968 (Cth).

(10) The obligations accepted by Users under this clause survive termination or expiry of these Terms.

9. LICENCE GRANT

(1) The Mindful Dietitian grants to User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Website and to interact with and use our User Services or Digital Content for the term of User’s subscription solely in connection with User rights under these Terms.

(2) This means you may not resell our User Services anywhere else, share your licence to use our User Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our User Services.

(3) These Terms do not constitute a sale or transfer of any of our Copyright Material and User must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or use our Copyright Material on the Internet including on any social networking websites or applications.

(4) This Licence may be terminated at any time in our sole discretion if User uses the Website or the User Services except as permitted by these Terms or if you engage in any activities that may damage our rights or your activities are in violation of any applicable laws in the relevant jurisdictions.

10. TERMINATION

(1) These Terms will continue to apply until terminated by either the User or by us as set out below.

(2) User may terminate the User Account through the cancellation option in the user interface in the User Account. The closure of your User Account is not a ground for a refund and you agree that you will be billed for and will pay the subscription fee for any applicable current subscription period.

(3) The Mindful Dietitian may terminate these Terms without notice to User if:

(a) User has breached any provision of the Terms;

(b) The Mindful Dietitian determines that User is making unauthorised or improper use of the User Services; or

(4) The Mindful Dietitian reserves the right to discontinue User Account at any time and may suspend or deny, in our sole discretion, User’s access to all or any portion of the User Services without notice if User’s conduct impacts our name or reputation or violates the rights of any other party.

(5) The early termination of User Account or the User Services is not a ground for a refund.

(6) If User has not logged into User Account within a six (6) month period and the status of User Account is dormant, The Mindful Dietitian reserves the right to unilaterally terminate User Account and all User Data and other content associated with it.

11. WARRANTIES AND REPRESENTATIONS

(1) No warranty of any kind whether express or implied is made in relation to the accuracy of the Digital Content, any Copyright Material or any content on the Website.

(2) The Mindful Dietitian does not warrant that the User Services will be performed error-free, uninterrupted or free of bugs or viruses.

(3) It is User’s sole responsibility to determine that the User Services or any part of these meet the needs of User or are otherwise suitable for the purpose for which they are purchased.

(4) The Mindful Dietitian excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law.

(5) User represents and warrants that User:

(a) is legally permitted to use and access the User Services;

(b) takes full responsibility for the selection and use of and User’s access to the User Services;

(c) is solely responsible for the accuracy of the User Data that User submits in relation to the supply of the User Services;

(d) agrees that The Mindful Dietitian does not control, verify, or endorse the User Data;

(e) is solely responsible for creating backups of User Data; and

(f) in relation to User Data, that User owns it or is licensed to use the intellectual property rights in it and that the use of the User Data will not result in the infringement of any of the proprietary rights of third parties.

(6) This clause survives the termination or expiry of these Terms for whatever reason.

12. DISCLAIMER

(1) To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Products and Services (including any products listed or purchased on or through our Website. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Products and Services, and for product defects or failures, claims that are due to your use of our Products and Services, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

(2) User shall not, at any time, be obliged to act on any information, suggestion, advice or guidance (“Guidance”) given by The Mindful Dietitian as part of the Digital Content and User Services, but if and to the extent that it does so, it shall do so at their own risk. User hereby unconditionally and irrevocably waives any rights of action it may have as against The Mindful Dietitian in relation to any such information, suggestions, advice or guidance. User is advised to take independent appropriate professional, health or medical advice before acting on such Guidance given within the Digital Content and User Services.

(3) There may be risks associated with participating in activities covered under the Digital Content and User Services for people in both good or poor health or with pre-existing physical or mental health conditions. Although thorough instruction is included in the Digital Content, User participates of its own free will and accordingly, knowingly and voluntarily assumes all risks associated with such exercise, fitness, nutritional, weight loss or sports activities. Any information contained within the Digital Content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. The Digital Content and User Services is not a substitute for direct, personal, professional medical care and diagnosis. If as a User you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly.

(4) User acknowledges that The Mindful Dietitian does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the User Services or Digital Content including as to fitness, nutrition or weight loss goals.

(5) 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.

(6) 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) The Mindful Dietitian will not be liable for any indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the User Services or these Terms (including as a result of not being able to use the User Services or the late supply of the User Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(7) Use of the Website and the User Services is at User’s own risk. Everything on the Website and the User Services is provided to User on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.

(8) None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Mindful Dietitian (including any third-party providers) make any express or implied representation or warranty about the User Services and the Digital Content. This includes (but is not restricted to) loss or damage User might suffer as a result of any of the following:

(a) 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;

(b) the accuracy, suitability or currency of any information on the Website, the User Services, or any of the Digital Content (including third party material and advertisements on the Website);

(d) the Digital Content or operation in respect to Website links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

(9) We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked or third-party website. Whilst we have no reason to believe that any information contained on our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated.

(10) We reserve the right to refuse service, block or suspend any User of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any User, without prior notice.

(11) We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

(12) This clause survives the termination or expiry of this agreement for whatever reason.

13. LIMITATION OF LIABILILITY

(1) To the extent permissible at law, The Mindful Dietitian is not liable for any indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms.

(2) We do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website or any Products and Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Website, any web sites linked to this Website, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

(3) Except as provided in these Terms, The Mindful Dietitian excludes all representations and warranties relating to the subject matter of these Terms, our Website and the supply of our User Services.

(4) User Services are provided “as is” and specific results cannot be guaranteed. It is User sole responsibility to determine that the User Services or any part of these meet User’s needs or are otherwise suitable for the purposes for which they are used.

(5) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible The Mindful Dietitian limits its liability as follows, at our option:

(a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;

(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or

(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This limitation applies to any supply under or related to these Terms including the supply of the User Services and covers loss of data, any viruses or other disabling features that affect User access to or use of our User Services, incompatibility between our User Services and User hardware or software, delays or failures User may have in using the User Services including any connections or transmissions that fail or are not completed in an accurate or timely manner.

(6) For jurisdictions that do not allow us to limit our liability, notwithstanding any provision of this agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Website is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Website, Products and Services within the last six months, whichever is greater.

(7) This clause survives the termination or expiry of this Agreement for whatever reason.

14. INDEMNITY

(1) User agrees to defend, indemnify and hold The Mindful Dietitian, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees and all costs on a full indemnity basis) brought against or sustained by The Mindful Dietitian, which:

(a) is directly or indirectly caused by User’s breach of these Terms;

(b) is directly or indirectly caused by any willful, reckless or negligent act of User;

(d) is caused by User’s act or omission and constitutes a loss of or damage to property;

(e) is brought by any third-party in respect of personal injury, death or damage to third-party property; or

(f) arises from User’s act or omission.

(2) Except as required by law, The Mindful Dietitian will not be liable for any claim, loss or liability for personal injury, death or damage to User or its property however it may be caused.

(3) The Mindful Dietitian reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, and in such case, User agree to cooperate with our defence of such claim.

(4) In no event will The Mindful Dietitian be liable to User for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.

(5) This clause survives the termination or expiry of this Agreement for whatever reason.

15. DISPUTES

(1) Compulsory process

A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

(2) Notification

A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

(3) Initial period – efforts to resolve Dispute

During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

(4) Mediation

If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

(a) a mediator agreed on by the Disputants; or

(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

(5) Role of mediator

The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

(6) Information

Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.

(7) Costs of mediation

Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.

(8) Location, timing and attendance

The mediation will be held in Melbourne, Victoria, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.

(9) Failure to resolve

If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

(10) Confidentiality

All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

16. ADVERTISING AND LINKS

The Website may contain links and other pointers to other websites or applications operated by third parties. The Mindful Dietitian does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for User convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites. Responsibility for the content of advertisements appearing on our Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. User’s access to any such advertisement or link is entirely at User’s own risk. Our links with third-party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those third-party websites, or of any information, graphics, materials, products or services referred to or contained on those third-party websites unless and to the extent stipulated to the contrary. User should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

17. MODIFICATION OF USER SERVICES

We reserve the right to alter, update, or remove our Website at any time. We may conduct such modifications to our Website for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Website for security, legal or other purposes. We do not guarantee that the Website will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Website or Service may do so. We reserve the right to terminate access for anyone.

18. PRIVACY

Please refer to our ‘Privacy Policy’ which is made a part of these Terms.

19. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

20. ASSIGNMENT

We may amend this agreement from time to time. When we amend this agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and our Products and Services.

21. ENTIRE AGREEMENT

Unless otherwise stated, these Terms and our Privacy Policy shall constitute the entire agreement between User and us in relation to User’s use of the Website and our User Services.

22. SEVERABILITY

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

23. ELECTRONIC COMMUNICATIONS

We use electronic means of communication, whether you visit the Website or engage with us for our Products and Services or when you send us e-mails. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. You acknowledge the risk that electronic communications may be intercepted by a third party which may put confidentiality at risk.

24. LAW AND JURISDICTION

The Terms and information on this Website are governed by and construed in accordance with the laws of the State of Victoria, Australia. User submits to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

25. FORCE MAJEURE

Notwithstanding any other provision of these Terms, The Mindful Dietitian need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, pandemic, natural disaster or law taking effect after the date of these Terms). User agree that The Mindful Dietitian has no responsibility or liability for any loss or expense suffered or incurred by User because of The Mindful Dietitian not acting for so long as the force majeure continues.

26. FEEDBACK

User feedback is important to us. The Mindful Dietitian encourage Users to provide feedback, reviews, comments and suggestions for improvements to the Website and our User Services ("Feedback"). User may submit Feedback by emailing us at themindfuldietitian@gmail.com.

27. HOW TO CONTACT US

(1) This Website is owned and operated by [Insert] (ABN 82 406 965 804).

(2) Our principal place of business is at 5 Crofton Crt., Eltham, Victoria, Australia, 3095.

(3) User can contact us by email at the following address: themindfuldietitian@gmail.com

Terms last updated 8 December 2021.