ADDITIONAL TERMS OF SERVICE FOR OUR PROGRAM 

These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of Fran Dargaville [ ABN 227 61571568 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website form an Agreement with us (“Agreement”). “You” could be any client of ours. 

WHAT WE WILL PROVIDE 

Our Online Nutrition Programs are designed to help you meet your health goals. They may include group consultations, a Facebook community and online resources. We provide various Materials to help you during the Online Program. When Facebook group support is provided as part of a program, we will usually respond within 3 business days.  

BEFORE PURCHASE 

Things you must do before purchasing Online Program 

You must: 

•  be 18 years old or have parental consent; 
•  provide complete and accurate information to us, and promptly inform us of any updates to your information; and 
•  ensure you have adequate technology set up and internet access to participate in the Online Program. We use Zoom video conferencing.  

You represent and warrant that: 

•  you are in good mental and physical health;  
•  you are not being treated for any mental or physical health condition, or if you are you have a letter of consent from your psychiatrist, psychologist or your GP to participate; and  
•  you will notify us immediately if your health status changes in any way. 

Acknowledgements you make when purchasing our Program 

You acknowledge and agree that:  

•  the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information. Do not disregard independent professional advice because of information we provide;  
•  everyone responds differently to nutrition programs and coaching, and your response may not be able to be predicted; we will tailor it to your personal needs, but cannot guarantee any results; and 
•  participation in the Online Program is voluntary and is always at your sole risk. You are at all times responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We do not provide treatment, but rather focuses on wellness through the use of natural nutritional therapies and implementing a healthy lifestyle and diet. We are not liable for any Loss or Damage suffered in connection with your participation in any Online Program or reliance on any health or medical “advice”.  

You further acknowledge and agree that there may be: 

•  occasional errors or omissions in Online Program descriptions, prices, availability and promotions; 
• some Online Programs with limited places, and some courses that are limited to certain regions or groups of people; and 
• technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software. 

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Programs. We also cannot guarantee the results of the Online Program as they are dependent on your learning, actions and implementation.  

You also acknowledge that we may make recommendations of suppliers including suppliers of supplements during our Online Programs. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback directly to the supplier.  

Payments 

Payments can be made online via Stripe using your credit card.   

You must:  

• pay for the Online Program via the published payment methods available; 
• make the deposit or full payment as required by us prior to commencement of the Online Program as your place cannot be reserved or confirmed until payment is received; and 
• have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively. 

You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in installments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.  

AFTER PURCHASE 

Things you must do after purchasing the Program 

You must: 

• not allow other people to use the Materials;  
• contact us by email at if you have any difficulty downloading any Materials; 
• not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way; 
• contact us by email at if you have any issues with the Online Program and require a refund; 
• seek our prior written consent before any publication of information about us; and  
• in the case of a dispute keep all communications confidential. 

What we agree to do 

We agree to: 

• keep you informed of your progress; 
• keep all the documents you provide secure and return all documents at the termination of the Program; 
• at all times keep your Confidential Information confidential, and will also not divulge the fact that we are in a coaching relationship unless you do; in which case we will confirm as such; and 
• at all times comply with our Privacy Policy, details of which you can find on our website. 

SESSIONS 

Acknowledgements and agreements you make  

You must meet or call at the scheduled time, and participate fully during each session with accountability, honesty, integrity and respect for the process. You acknowledge and agree:  

• that you are required to provide transparent and accurate information during each session; 
• to commit to doing any actions that are determined in the coaching sessions;  
• that we cannot guarantee results, and they are dependent on your actions and implementation;  
• that you must be on time to all coaching sessions; any late attendance will not entitle you to an extended session, and I may cut short the session time.  

CANCELLATIONS AND REFUNDS 

To the extent permitted by law, all fees are non-refundable. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, or illness.

Where you wish to cancel your enrolment in the Program, you will be required to provide a minimum of 5 days notice prior to the next billing cycle.  

Acknowledgement you make in relation to emergencies and crisis situations 

You acknowledge and agree that we are not paramedics or emergency doctors, crisis counsellors, and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service. 

In some circumstances, we may need to suspend or even terminate session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the group session to another reasonable time. In the event that you experience a crisis during the duration of the Online Program or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.  

YOUR COMMITMENT 

To get the most out of our Program you should:  

• Be coachable; 
• Be open to new ideas; 
• Fulfil on the commitments you make (do the work); 
• Be willing to make  lifestyle changes; and 
• Bring a positive attitude.  

You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Program. 

Things we’d love you to do after purchasing on our Portal 

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.  

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at  [email protected]. 

OTHER MATTERS YOU SHOULD BE AWARE OF 

We may change information on our website  

Except as required by law, we may at any time, and without prior notice to you: 

• change and update information including availability and promotions; 
• change prices or descriptions of our Online Programs; and 
• change our range of Online Programs or discontinue an Online Program. 

We comply with the Australian Consumer Law 

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

• to cancel your service Agreement with us; and 
• to a refund for the unused portion, or to compensation for its reduced value 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the services rectified in a reasonable time and, if this is not done, to cancel your Agreement and obtain a refund for the unused portion of this Agreement. 

Except as required by law we do not warrant the quality of the Online Programs or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Program, or where you fail to comply with our instructions. 

If we need to cancel the Program or your order, we will provide a refund 

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Program where we are no longer able to provide it. In these or similar circumstances where we have to cancel the program, we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of course sessions at short notice or even cancel parts of an Online Program. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.  

Where we can terminate  

We may either suspend the Program or terminate where: 

• we are unable to agree on required actions during the  session; or 
• there is a conflict of interest.  

Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at my option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued fees owing up to the date of termination. 

We can refuse your participation in our Online Programs at any time 

We may refuse to provide our Online Programs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our services and disable your ability to purchase our Online Programs. We can also change, suspend or stop providing Online Programs at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Online Programs. 

INTELLECTUAL PROPERTY 

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Programs is for the duration of the Online Program only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at  [email protected] to seek consent. 

RELIANCE ON ADVICE DISCLAIMER 

Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.   

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Online Program, including, but not limited to, any errors or omissions, price changes or discontinued Online Programs, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our services, our recording of any events, and changes to dates and times of Online Programs. 

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: 

• the replacement of the Online Program or the supply of an equivalent Online Program; or 
• the payment of acquiring an equivalent Online Program. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Program you have paid for. 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to, where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights, and any third party claims. 

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

IF THERE IS A DISPUTE  

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

OTHER  

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our portal, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement. 

DEFINITIONS  

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).  

Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to.  

Cancellation Fee means the sum of $100. 

Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.  

Confidential Information means any sensitive personal information and/ or any of your including but not limited to personal information as defined under the Privacy Act 1988 and any sensitive business information, including any staff and system knowledge.  

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.  

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including, but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.  

Materials means any and all online program and course materials, and anything provided to you during the course. 

Moral Rights means any moral rights as defined under the Copyright Act 1968. 

Online Program means our High Vibe & Gut Healthy Collective and includes all Materials. 

We, us, or our means Fran Dargaville [ ABN 227 61571568 ] and includes any of our directors, officers, employees, agents, partners, contractors.