1.1 These terms and conditions apply to all supplies of Products by Sallyanne Pisk t/as Eating for You A.B.N. 45 428 869 749 (referred to as We, Us, Our, or Eating for You) to you, the purchaser of the Products made via the Eating for You website at https://eatingforyou.com.au/ and sub-domains at learning.eatingforyou.com.au and eatingforyou.com.au (Website).
1.2 Your agreement to these Terms of Sale will be indicated by either checking the check box that you have agreed or completing your purchase of Products via the Website.
1.3 By agreeing to these terms and conditions you represent that you are over the age of 18 or have a parent’s/guardian’s approval to enter into this agreement.
1.4 We may amend or vary these terms and conditions from time to time. You will be bound by the terms and conditions that were in force at the time you ordered the Products.
1.5 You must comply with all warnings, prohibitions and other notices for use of the Products that we provide to you
2. Definitions and Interpretation
2.1 In this agreement the following definitions apply, except where the context otherwise requires:
Book means the Eating for You book written by Sallyanne Pisk.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, the Trade Marks and any other trade marks whether registered or unregistered, designs, patents, the right to keep confidential information confidential, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.
Materials means any materials, in whatever format, provided by us to you to as part of the supply of Products which you will either access online or be permitted to download or in respect of which a hard copy with be provided and includes the Book, Eating for You Workbook and free education materials such as checklists, information pamphlets and recipes.
Products means the goods and services supplied by Eating for You described more fully here.
Trade Marks means all of our registered and unregistered trade marks including “Eating for You”.
2.2 The following rules of interpretation apply unless the context requires otherwise:
- headings are for convenience only and do not affect interpretation;
- the singular includes the plural and conversely;
- a reference to a person includes a body corporate, an unincorporated body or other entity;
- where examples of a thing or set of things are given by reference to the word “including”, the meaning of references to the thing or set of things is not to be limited by reference to the examples.
3. What Eating for You does and does not do
3.1 Eating for You provides the Products on the terms of this agreement.
3.2 Eating for You provides guidance, support and tools to assist you in identifying priorities and goals and achieving results, but any decisions that you make, and the consequences of your decisions, are your sole responsibility.
3.3 Your success depends on many factors, including your background, dedication, participation, desire and motivation. Eating for You cannot give any guarantees about the results you will achieve and Eating for You is not responsible if your expectations are not met.
3.4 The Eating for You Products, except in the case of individual consultations, are intended for general education and information purposes only. Unless otherwise expressly stated, Eating for You does not offer personalised health, medical, nutrition or lifestyle advice.
3.5 We will use our best efforts to make sure that any online Products you purchase are available on demand. However, we use a third party platform and you agree that Eating for You has no control over any downtime or unavailability of that platform or of the Internet generally.
3.6 Any reviews and testimonials shared on the Website by third parties are not to be taken as a guarantee that you will have the same experience or achieve the same or similar results.
4.1 Before purchasing our Products, you will have to register your details. You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your details. We may at any time request a form of identification to verify your identity.
4.2 It is your responsibility to keep your log in details secure. You agree:
- that you are solely responsible for the security and confidentiality of any password that may be issued to or subscribed for by you from time to time (Password);
- not to disclose (or cause disclosure through any act or omission) your Password to any other person;
- that where the Product you have purchased is for one user only, you will not let any other person use your Password to access the Product;
- you will immediately notify us if your Password is lost or becomes known to any other person.
- that you will notify us immediately if you become aware of any unauthorised use of your Password protected access to the Website;
- that you are solely responsible for all access to and use of our Website via your Password, whether such access or use is by you or any other person (in the case that the Product can be used by more than one person); and
- that in relation to any of your posts on our social media accounts including Facebook, Instagram and Twitter you hereby assign to us your copyright in that post.
5. Fees and payment
5.1 The prices of the Products (Fees) are set out on the Website and are in Australian dollars. All prices are subject to change and the Fees payable are those current on the date of purchase.
5.2 The price does not include the Goods and Services Tax (GST) or any delivery charges, insurance, customs charges and other charges affecting the cost of the Products. You will be told about these additional costs and you will be given a total purchase price before you finalise your purchase.
5.3 Payment of the Fees is required at the time of purchase. Payment must be made using the online ordering facility and via the methods we offer on the Website. All payments are processed through Paypal either by a Paypal account or credit card. Orders that exceed your credit limit will not be processed. If you choose to use MasterCard, a surcharge may apply.
5.4 Invoices for Eating for You Products are generated automatically and can be requested at any time by emailing firstname.lastname@example.org.
5.5 No part of the Fees is refundable unless otherwise agreed or as required by law.
5.6 Where the Fees are payable over a period of time:
- they must be paid by direct debit and you must ensure that there are sufficient funds in the account for the Fees to be paid;
- you must not cancel the direct debit before the entire Fees are paid;
- we will issue a tax invoice for each payment to be made of the Fees at least 7 days before the applicable part of the Fee is direct debited; and
- If you stop paying the Fees, your ability to access the Course or download further Materials may be terminated or suspended until all outstanding amounts are paid.
5.7 If you can claim under the Workbook Refund, you must meet the requirements of the Workbook Refund Policy and contact Eating for You within 14 days of purchasing your chosen course.
6. Bookings and cancellation
6.1 Bookings for Products such as workshops and online courses are made via our Website.
6.2 Some of the Products, such as workshops or coaching services, have limited availability and Eating for You allocates placement on a first come, first served basis.
6.3 Once your purchase has been processed, you cannot cancel or change it except with Eating for You’s written consent. Cancellations of some services such as coaching, may incur a cancellation fee if the cancellation request is made less than 48 hours before the time for the provision of the service.
7. Purchase of hard copy of Book
7.1 If you have purchased a hard copy of the Eating for You book (Book), it will be delivered to the delivery address provided when you purchased it.
7.2 The estimated time for delivery, depending on the type of delivery method you chose, and suitable delivery addresses, is an estimate only and we are not liable for late or non-delivery no matter what the reason.
7.3 Title and the risk of loss or damage to the Book passes to you on delivery of the Book to the delivery address.
7.4 Except where required by law, we are not obliged to accept any return of the Book or pay the costs of its return. If you would like to return the Book please contact us at email@example.com to discuss your entitlement to return the Book and obtain a refund.
8.1 Eating for You is the owner of the Intellectual Property Rights in the Materials, Trade Marks and all other materials related to or connected with the Products.
8.2 For the purposes of clause 7.1, Eating for You gives you a non-exclusive, non-transferrable licence to use the Materials and the Trade Marks for your own personal use. For the avoidance of doubt, you have no authority to reproduce or authorise the reproduction by a third party, in whole or in part, of any of the Materials.
9. What you must not do
9.1 You must not:
- use any of the Materials other than for your own personal use;
- copy, reproduce or distribute any of the Materials without our prior written consent which can be withheld for any reason;
- train, employ or otherwise engage anyone else to deliver any of the coaching, courses or workshops in which you participate;
- permit anyone else to use or reproduce, in part or in whole, the Materials;
- do anything that would adversely affect Eating For You’s image and reputation in the Trade Marks or the services it provides;
- alter, obliterate or in any way tamper with the Trade Marks as they appear on the Materials.
10.1 Eating for You respects your confidentiality and you must respect the confidentiality of the information provided by other participants (Participants) including personal details, health conditions, questions, comments (Confidential Information), in any Eating for You joint workshops, courses or coaching in which you participate.
10.2 You must not to disclose any Confidential Information to any other person or entity, or use it any manner other than in discussion with Participants during live training sessions or online forums, such as the Eating for You Community Facebook Group.
11.1 This agreement commences when you purchase the Products and will continue until delivery of the Products is complete or this agreement is terminated in accordance with clauses 11.2 or 11.3.
11.2 Either party may terminate this agreement immediately by written notice to the other party:
- if that other party breaches a material term of this agreement and fails to remedy the breach within 14 Business Days after being given notice of the breach;
- if that other party breaches a material term of this agreement which is not capable of remedy; or
- the other party cannot pay its debts when they fall due or has entered into any form of insolvency, liquidation or external administration, whether voluntary or involuntary, formal or otherwise.
11.3 Either party may terminate this agreement by giving the other party 14 written notice. Any Fees already paid will not be refundable.
11.4 Failure to meet any of your goals when you purchase our Products will not be a breach of this agreement which will entitle you to terminate the agreement under clause 11.2.
12. 1 To the maximum extent permitted by law, all guarantees, warranties, representation or conditions that by law may be excluded and which are not expressly stated in this agreement, are excluded. If we are liable for breach of an imposed guarantee, warranty, representation or condition, our liability is, at our option, to the extent permitted by law, limited to:
- the replacement of the Products or the supply of equivalent Products;
- the repair of the Products;
- the payment of the cost of replacing the Products or acquiring equivalent Products; or
- the payment of the cost of having the Products repaired.
12.2 To the maximum extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not we were aware that such loss or damage may occur.
12.3 Eating for You’s liability will be capped at the Fees paid for the Products in respect of which a claim or other liability has arisen.
13.1 A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement. A notice is deemed to be received:
- if sent by hand, when delivered to the addressee;
- if by post, 5 Business Days from and including the date of postage, on delivery to the addressee; or
- if by email, on receipt by the sender of read receipt;
but if the delivery or receipt is on a day which is not a Business Day or is after 4:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.
14.1 This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
14.2 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
14.3 You may not assign or sublicense any of your rights under this agreement.
14.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
14.5 This agreement contains the entire agreement of the parties with respect to its subject matter.
Date: 14 January 2020