By using the Flexibly Nourished website (www.flexiblynourished.com), referred to as this “website”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Kathryn Carter (“the Proprietor”). By accessing any area of this website shall be deemed a use of the website and an acceptance to the terms and conditions provided herein.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Information provided on the website and related to our services is subject to change. The Proprietor makes no representation or warranty that the information provided is accurate.
In order to use the website and services, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Proprietor will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the website and services for lawful purposes only. You shall not post on the website anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the website. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
The website and services contain intellectual property owned by the Proprietor, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Proprietor’s name, logo, all designs, text, recipes, graphics, ebooks, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the website or services content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Proprietor.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them to users for financial gain, whether they be business users or domestic users, then you are a competitor of the Proprietor. The Proprietor expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, the Proprietor will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Proprietor reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
LIMITATION OF LIABILITY
Under no circumstances shall the proprietor or any of its parents, subsidiaries, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the website or services, including but not limited to negligence. Additionally, the proprietor is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the proprietor has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event the shall proprietor’s cumulative liability to you exceed $100.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), the Proprietor’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any inaccuracies in description, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
The products are not intended to provide personalised advice, but are general information that should be suitable for most healthy individuals. Personalised advice is only available through consultations.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD). We reserve the right to amend our prices at any time.
When you order from us, we require you to provide your name, your email address, and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
PRODUCT RETURNS AND REFUNDS
The Proprietor handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
PROVISION OF HEALTH-RELATED INFORMATION
All information provided by us on the website is provided in good faith. This website provides general information about nutrition, health and wellbeing that is likely to be applicable to most healthy individuals. It is not designed to provide individualised advice for the treatment of specific health conditions.
We derive our information from sources that we believe to be accurate and up to date at the time of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this website or the services provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted by us.
Nutritional information provided on the website is taken from sources provided by third parties, including the Australian Bureau of Statistics, The Nutrient Reference Values of Australia & the Monash University Low FODMAP Diet app. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. Neither the Proprietor nor any other provider of nutritional information on the website gives any warranty that the information is free from error or suitable for your purposes.
As with any dietary or physical activity program, it is important that before beginning any regime you consult with your health care professional to ensure that you are knowingly aware of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
The website and the services may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Proprietor. Unless otherwise stated, these Terms and Conditions only cover the use of this website. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the website or services. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
To the fullest extent permitted by law, the Proprietor absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Proprietor gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of The Proprietor to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Tasmania, Australia, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Launceston, Tasmania, Australia and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the website, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the website, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the website after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the website, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.