TERMS & CONDITIONS Posted on April 12, 2016

  1. YOUR ACCEPTANCE

    The following terms and conditions relate to the provision of any services or sale of products (including physical products or downloadable material) from An Apple a Day website (www.anappleaday.net.au) (“Site”) (“Services”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between ‘An Apple a Day Holistic Health’  (“us”, “we”, “our”), the owner and operator of the Site, and any Services and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).By using our Site or any Services you agree to be bound by this Agreement, our Website Terms of Use and our Privacy Policy. We may amend this Agreement, our Website Terms of Use or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, Website Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

    Users must be 18 years or older to purchase any of our products or Services.

  2. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE 
  • All content on our Site is for informational and educational purposes only.
  • Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies.
  • None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
  • The products and content found on the Site are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
  • 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.
  • 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 Services.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
  • You should be in good health and physically fit when using our product or service, failure to be in good health may result in adverse health consequences.
  • Please seek medical advice in regards to your health conditions and physical fitness.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately

    3. OUR RELIANCE ON THE ACCURACY OF YOUR INFORMATION

  • 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 our Site. Our Services may not be suitable to your particular circumstances.
  • You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
  • You warrant the truth, accuracy, currency and completeness of any information you provide us.
  1. NUTRITIONAL INFORMATION

    Nutritional information provided on our Site is based on extensive research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.

  2. FITNESS LEVEL

    Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

    You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

  3. PERSONAL INFORMATION

    We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

    By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at support@jessicasepel.com with ‘unsubscribe’ in your email’s subject

  4. PAYMENT

    We use a secure online payment system.In order to purchase any of our Services (including any products) you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

    All product orders must be pre-paid. Orders will only be sent out or available for download (for electronic products) after full payment of the total amount is cleared.

    All services will be billed at the completion of the consultation. You will be sent an invoice for the payment and this is due within 48 hours. All cancellation/no show fees will be due for payment with 7 days of scheduled appointment.

    You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

    The prices for Services provided under this Agreement will be as set out on our Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

    From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

    If you have any issues with payment do not hesitate to contact us at info@anappleaday.net.au.

    All Services (including any products) available from our Site are subject to consumer protections under the Australian Consumer Law.

  5. DELIVERY AND SHIPPING 

    PRODUCTSAfter processing your payment, you will be sent an email link to download the respective product.

  • Nutritional products available from our Site are subject to the terms and conditions contained in this Agreement.
  • We make every effort to ensure our product descriptions are accurate as possible with specifications made on the information provided to us. However, should an error occur we reserve the right to correct our description.
  • Images are for illustrative purposes only and may not be an exact image of the actual product.
  1. REFUNDS AND CANCELLATIONS 

    In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at support@jessicasepel.com. 

  2. CONTACT INFORMATION 

    If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at info@anappleaday.net.au

  3. PRIVACY POLICY 

    We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Information Privacy Act 2009 (QLD). 

    Our Privacy Policy can be accessed by clicking on this link

  4. CHOICE OF LAW 

    This Agreement shall be governed by the laws in force in the state of Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.

  5. FORUM OF DISPUTE

    You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Queensland, Australia.If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

    You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

  6. SEVERABILITY

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
  7. NON-WAIVER 

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  8. ASSIGNMENTYou may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
  9. AMENDMENTS We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
  10. ELECTRONIC COMMUNICATIONSWe use electronic means of communication, whether you visit the Site or Service or send use-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
  11. GENERAL
      • This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
      • If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
      • No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
      • The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

LAST UPDATED: NOV 2018



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