Nutrition Couch


Website Terms of Use

Deigned by Dietitians Pty Ltd ACN 669 500 172 (us and we) owns and operates this website (the website).

The following terms of use (terms of use) govern your access to and use of the website and the products and services available through the website (goods and services).

By using the website, and any related goods and services, you are agreeing to all of the terms of use, current at the time of your use of the website.

1. Website

Access to the website is permitted on a temporary and limited basis for the purpose of browsing the website, purchasing products and interacting with us.

We reserve the right to withdraw or amend the website, and any good or services listed on the website, without notice.

We are not liable if, for any reason, the website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts or all of the website.

2. Linked Sites

The Website may contain links to other websites (linked sites), which are not operated by us. We have no control over the linked sites and accept no responsibility for them or for any loss or damage that may arise from your use of linked sites.

Your use of linked sites will be subject to the terms of use and service contained within each such linked site, if any.

3. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found here. By using the website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

4. Prohibitions

Access to the website is provided to you on the basis that you must not misuse the website. Accordingly, you will not do any of the following:

  1. commit or encourage a criminal offence;
  2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. hack into any aspect of the website; corrupt data; cause annoyance to other users;
  4. maliciously interrupt the purchase of goods or services from the website;
  5. infringe upon the rights of any other person’s proprietary rights;
  6. send any unsolicited advertising or promotional material (spam);
  7. attempt to affect the performance or functionality of any computer facilities of or accessed through the website.

You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any linked sites.

5. Intellectual property, software and content

The intellectual property rights in all software, the goods and services and website content (including photographic images) made available to you on or through the website remain:

  1. if we own the rights—our property; or
  2. if we have licensed the rights—the property of the licensor.

Such intellectual property rights are protected by copyright laws and treaties around the world.

All such intellectual property rights are reserved by us or the licensor (as the case may be).

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the website nor may you use any such content in connection with any business or commercial enterprise.

6. Delivery of goods

We endeavour to ship purchases on the following business day (excluding Wednesdays). We endeavour to ship Tuesday and Wednesday purchases on the following Thursday (if it is a business day).

Any delivery times made known on the website are estimates only and we are not liable for:

  1. late delivery or non-delivery; or
  2. any loss, damage or delay occasioned to you, or any other person, arising from late or non-delivery.

We are not responsible to you, or any person claiming through you, for any loss or damage to goods in transit caused by any event of any kind or by any person (whether or not we are legally responsible for the actions of that person).

We will provide you with such assistance as may be reasonably necessary to institute claims against a carrier for damages to goods in transit so long as you:

  1. have notified us, and the carrier, in writing immediately after loss or damage is discovered by you; and
  2. serves a claim for compensation on the carrier.

7. Disclaimer of liability

To the fullest extent permitted by law:

  1. the material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy; and
  2. we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and are not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the website or any linked sites, and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

To the fullest extent permitted by law, our liability for a breach of a condition or warranty implied by chapter 3, part 3-2, division 1 of the Australian Consumer Law (the ACL) is limited to:

  1. in the case of goods, any one or more of:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; and
    4. the payment of the cost of having the goods repaired; or
  1. in the case of services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.

8. Cancellations and Returns

You may only cancel your order if you make a written request to cancel the order, and we receive the written request, prior to shipping. If your order is cancelled prior to shipping, we will provide a refund of the purchase price, less any expenses we are still liable for despite the cancellation (e.g. prepaid shipping expenses).

Except for any provisions to the contrary contained in these terms of use, we are not under any duty to accept goods returned by you. We will do so on a case by case basis and at our absolute discretion.

If we agree to accept returned goods:

  1. the goods must be unopened and in sellable condition; and
  2. you must, at your own expense, return the goods to us at an address specified by us for the purpose of the return; and
  3. we will issue a refund of the purchase price of the goods, less any shipping fees, only after the returned goods have been received by us in accordance with this clause.

9. Jurisdiction

This agreement shall be governed by and construed in accordance with Queensland law.

The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.

Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Circuit Court of Australia.

10. Amendment

We reserve the right to amend these terms of use from time to time at our discretion (Amendments).

Amendments will be effective immediately.

Where practicable we will endeavour to notify you of the amendments.

Your continued use of the website following any such amendment will represent an agreement by you to be bound by the amendments to the terms of use.

We suggest you check the terms of use regularly to ensure you are aware of the most up to date terms.

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