1. General

(a) The Plant Based Kick Starter Program (Program), located at www.nutritionelly.thinkific.com (Website), is owned, controlled and operated by Elspeth McLean trading as Nutritionelly ABN 75 256 331 838, of 2a Baines Crescent, Torquay VIC 3228 (Nutritionelly, we, our and/or us).

(b) As a condition of signing up to and participating in the Program, you agree to the following terms and conditions (Terms) and our Privacy Policy (see: https://www.nutritionelly.com/privacy-polic) to be legally bound thereby.

(c) If you do not agree to the Terms and the Privacy Policy, you should immediately cease participating in the Program.

(d) Nutritionelly has 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 participate in the Program you agree to be governed by the Terms as varied from time to time.

(e) The Terms are governed by the laws of Victoria, Australia. You agree that the courts of Victoria or Federal Courts sitting in Victoria shall exclusively adjudicate over any dispute in relation to the Terms.


2. Medical

(a) The Program may not be suitable to your particular circumstances. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through the Program.

(b) You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.

(c) If you have, or suspect that you have, a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our products and Services.

(d) Please seek medical advice with respect to your health conditions and physical fitness. You should be in good health and physically fit when participating in the Program. Failure to be in good health may result in adverse health consequences.

(e) If at any time you notice any unanticipated changes to health (physical, mental or emotional), you should seek medical attention immediately.


3. Disclaimers

(a) All content displayed and provided in the Program is for informational purposes only. None of the content is meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee particular outcomes or results.

(b) None of the content is intended as a substitute for the advice provided by your doctor or other healthcare professional.

(c) Never disregard, avoid or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read in the Program.

(d) Nutritional information provided on the Program (Nutritional Information) is based on extensive research. Before relying on any Nutritional Information, you should carefully evaluate the accuracy, completeness and relevant of the information to your particular purposes and health, and consider the need to obtain appropriate expert advice tailored for your circumstances.


4. Liability

(a) Subject always to your rights under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and to the fullest extent permitted by law,

 (i) your use of, and reliance on, the Program is entirely at your own risk;

 (ii) Nutritionelly does not make any representations, warranties or guarantees in relation to the supply of Nutritional Information, goods and/or services via the Program; and

  (iii) Nutritionelly hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Program.

(b) In addition to clause 4(a) and notwithstanding anything in the Terms, or applicable provisions of the Australian Consumer Law, we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Program. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business.


5. Indemnity

You agree to indemnify and hold Nutritionelly (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you arising out of, due to, or in any way connected to your breach of the Terms.


6. Intellectual Property

(a) ‘Nutritionelly’ and ‘Plant Based Kick Starter’ is a trade mark of Elspeth McLean. Other product and brand or business names displayed in the Program may also be trade marks of their respective owners.

(b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Program (Content). You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Program or Content for any other purpose.


7. Laws

The Terms are governed by the laws of Victoria. You agree that the courts of Victoria or Federal Courts sitting in Victoria shall exclusively adjudicate over any dispute in relation to the Terms.