Eat Like the Elite

Membership Terms and Conditions

As a Member, you expressly agree that you will not, through any means: 

  1. Membership General Terms  

 

  1. The Eat Like the Elite Membership (the ‘Membership’) gives you access to the Membership Services (the ‘Services’) outlined on the Membership Page on the Jessica Spendlove Website (the ‘Membership Page’) and within these Membership Terms (the ‘Terms’).
  2. The Membership and associated Services are offered by Jessica Kathleen Spendlove (ABN: 69 923 601 447) t/as Jessica Spendlove Clinical and Sports Dietitian (‘Jessica Spendlove’). By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. The Services include a range of content, special offers and other benefits available to you via the Eat Like the Elite Facebook Group (if applicable to your Membership) (the ‘Facebook Group’), blog, membership site, the Website and direct communication between Jessica Spendlove and you.
  4. Jessica Spendlove reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
  5. Once Your Membership is accepted by Jessica Spendlove, these Terms, the Website Terms and Conditions, Privacy Policy, the Facebook Terms and Conditions (if applicable to your Membership) www.facebook.com/terms including the Facebook Community Standards available at https://www.facebook.com/communitystandards/ as each amended from time to time will govern your continued Membership and use of the Services. 

2.1  Registration for Membership

  • In order to become a member of the Eat Like the Elite Membership you must first register for an account through the Membership Page on the Website (the 'Account').
  • As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself and your business (such as identification or contact details), including: email address, payment Information, business name and ABN.
  • You warrant that any information you give to Jessica Spendlove in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (a 'Member').
  • Jessica Spendlove will only accept completed applications and reserves the right to reject an application for any reason. 
  • If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
  • You may not use the Services and may not accept the Terms if: 
  1. you are not of legal age to form a binding contract with Jessica Spendlove; or
  2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3. Membership Inclusions

  1. The Eat Like the Elite Membership is offered with various membership options and inclusions as follows:

Option 1 Baseline Membership

  • Foundation videos
  • Monthly modules and supporting templates
  • Monthly Q&A recording
  • Opportunity to submit questions to the monthly Q&A
  • Exclusive video content with elite athletes
  • Fortnightly elite newsletter
  • Access to monthly product guides
  • Discount on masterclasses and guest presentations

Option 2 Premium Membership

  • Foundation videos
  • Monthly modules and supporting templates
  • Live monthly Q&A 
  • Opportunity to submit questions to the monthly Q&A
  • Exclusive video content with elite athletes
  • Fortnightly elite newsletter
  • Access to monthly product guides
  • Access to masterclasses and guest presentations
  • Access to the private Facebook community

Option 3 VIP Membership

  • Foundation videos
  • Monthly modules and supporting templates
  • Live monthly Q&A 
  • Opportunity to submit questions to the monthly Q&A
  • Exclusive video content with elite athletes
  • Fortnightly elite newsletter
  • Access to monthly product guides
  • Access to masterclasses and guest presentations
  • Access to the private Facebook community

 

  1.  
  2. For each membership option the Membership period options are 3 months, 6 months or 12 months (the Membership Period). At the end of the Membership Period, the Membership Period will automatically renew for the same Membership Period and Membership you originally chose if you do not change it or choose not to renew and cancel.
  3. You are permitted to upgrade your Membership package at any time. Any difference between your new Membership Fee and the current Membership Fee will be processed and charged upon upgrading your Membership. Your new Membership Fee will then be charged beginning the next monthly due date. 
  4. If you wish to downgrade your Membership at the end of the Membership Period, please email [email protected] prior to the end of the Membership Period. If you downgrade your Membership prior to the end of your current Membership Period, the current Membership Fee will remain until the end of the Membership Period. Your new Membership Fee will then be charged beginning the next monthly due date. 
  5. If you decide not to renew and cancel your Membership at the end of the Membership Period, you must provide 30 days’ notice by email to [email protected] prior to the end of your Membership Period. Any unused portions of the Membership Inclusions are not refundable. If you do not provide the required 30 days’ notice your Membership will automatically renew. 
  6. Membership inclusions are not transferable to another person. 
  7. All inclusions are subject to change and are offered at the sole discretion of Jessica Spendlove.

 

3. Membership Fees

 

  1. You agree to pay Jessica Spendlove in full the Membership Fees as set out on the Membership Page. 
  2. The Membership Fees are non-refundable. This means if you wish to cancel or terminate your Membership you will not be provided with a refund.  
  3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. 
  4. You agree and acknowledge that Jessica Spendlove can vary the Membership Fees at any time by providing advanced notice to you. 

4. Payment

  1. You are given the option of paying for the Membership Fees upfront or on a monthly basis through a payment plan. 
  2. If you choose to pay through a payment plan, you agree to pay Jessica Spendlove the monthly Membership Fees at the then-current rate, on a monthly basis for the Membership Period. 
  3. If you choose to pay the monthly Membership Fees, fees are automatically billed on 28th day of every month, on a monthly basis (Monthly Billing Date) and will charged to the same payment process used in your initial payment. 
  4. All payments made in the course of your use of the Membership Services are made using Stripe. When making any payment in relation to your use of the Membership Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
  5. Following payment of the Membership Fees being confirmed by Jessica Spendlove, you will be issued with a receipt to confirm that the payment has been received and Jessica Spendlove may record your purchase details for future use.
  6. You acknowledge and agree that where a request for the payment of the Membership Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fees.
  7. In the event that any payment under these Terms is not made in full on the due date, Jessica Spendlove is entitled to charge You interest at the rate of 5% per annum, calculated daily.
  8. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by You.

5. Member Conduct and Obligations

  •  As a Member, you expressly agree that you will not, through any means:

     

  1. harm, harass, hassle or abuse other Members; or
  2. send un-welcomed communication such as spam to other Members; or
  3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
  4. infringe the intellectual property or privacy rights of any Member or any third-party.
  • Jessica Spendlove, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site, Kajabi or on the Facebook Group 9if applicable to your Membership) or any other related platform. 
  • Jessica Spendlove retains the right to revoke your Membership or deny you access to the Services at any time. 
  • As a Member, you agree to comply with the following: 
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;As a Member, you agree to comply with the following: 
      1. you will use the Services only for purposes that are permitted by:
    1. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    2. any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Jessica Spendlove of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    3. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Jessica Spendlove providing the Services;
    4. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Jessica Spendlove;
    5. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Jessica Spendlove for any illegal or unauthorised use of the Website; and
    7. you acknowledge and agree that any automated use of the Website or its Services is prohibited. 

6. Intellectual Property Rights

  1. You acknowledge and agree that Jessica Spendlove’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Jessica Spendlove or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts or on any other related platform.
  2. You hereby indemnify and agrees to keep indemnified Jessica Spendlove against all liability, losses or expenses incurred by Jessica Spendlove in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Jessica Spendlove or any third party by you or your agents.
  3. In the event of failure to seek and be granted permission to share or distribute any content in the Services, including that created by other Members, Jessica Spendlove has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Jessica Spendlove has in content.
  4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Jessica Spendlove, Jessica Spendlove grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

7. Cancellation and Termination

  1. You may cancel your Membership at any time by providing written notice to Jessica Spendlove by email to [email protected] and giving 30 days’ notice before the next billing cycle.
  2. Once paid, the monthly Membership Fees are non-refundable. 
  3. If you decide not to renew and cancel your Membership at the end of the Membership Period, you must provide 30 days’ notice by email to [email protected] prior to the end of your Membership Period. Any unused portions of the Membership Inclusions are not refundable. If you do not provide the required 30 days’ notice your Membership will automatically renew.

Termination - For Jessica Spendlove

Jessica Spendlove may terminate your Membership for any breach of this Agreement by providing 7 days’ written notice to you by email.  At Jessica Spendlove’s discretion, Jessica Spendlove may allow you to remedy the breach within 3 days' notice, or another time-frame as Jessica Spendlove nominates, and in being satisfied with the remedy of the breach by you, Jessica Spendlove will not terminate your Membership.

Termination - For You

You may terminate this Agreement for a breach by Jessica Spendlove of this Agreement by providing 7 days' written notice of the breach to Jessica Spendlove. During the 7 day notice period, Jessica Spendlove reserves the right to remedy the breach. If Jessica Spendlove remedies the breach which was the cause of the notice, the Agreement will not be terminated

8. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials ("Third-Party Services"). Jessica Spendlove does not control any Third-Party Services. Jessica Spendlove additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Jessica Spendlove shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

9. Liability

 

  1. Jessica Spendlove will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Jessica Spendlove makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
  2. You agree that you are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Jessica Spendlove’s relationship with you, its educational materials and interactions with you. As such, you agree that Jessica Spendlove is not and will not be liable or responsible for any actions or inction, or for any direct or indirect result of any Services it provides.
  3. You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for dietetic care. It is your exclusive responsibility to seek such independent professional guidance as needed.
  4. Jessica Spendlove’s total liability arising out of or in connection with the Membership and the Services, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  5. You expressly understand and agree that Jessica Spendlove, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10 Information Disclaimer

  1. Any information, advice, content or documentation provided on the Website, through the Services or within products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform do not constitute professional advice and are provided for general information and guidance purposes only. 
  2. All care is taken in the preparation of the information and published materials on the Website, through the Services or within products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform. Jessica Spendlove does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
  3. To the extent permissible by law, Jessica Spendlove will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services or within products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform.

11. Limitation of liability

  1. Jessica Spendlove’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  2. You expressly understand and agree that Jessica Spendlove, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Waiver

  1. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

13. No partnership or agency

Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

14. Governing Law & Jurisdiction 

  1. These Terms are governed by the laws of New South Wales, Australia.
  2. In the event of any dispute arising out of or in relation to the Services, Jessica Spendlove agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.

15. Indemnity

You agree to indemnify Jessica Spendlove, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Services;
  1. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
  2. any breach of the terms.

16. Dispute Resolution & Mediation 

  1. If a dispute arises out of or relates to these Terms, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. A party to these Terms claiming a dispute (the 'Dispute') has arisen under these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the 'Notice').
  3.  On receipt of the Notice by the other party, the parties to these Terms (the 'Parties') must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  4. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.
  5. It is agreed that mediation will be held in New South Wales, Australia.
  6. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
  7. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice" negotiations.
  8. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

  9. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

17. Severance

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

18. Assignment

Jessica Spendlove does not agree to you to delegating, assigning, novating and/or subcontracting any obligations pursuant to these Terms to any person or party without its prior written consent.

19. Entire Agreement and Modifications

Both you and Jessica Spendlove confirm and acknowledge that:

  1. These Terms shall constitute the entire agreement between you and Jessica Spendlove and shall supersede and override all previous communications, either oral or written, between the parties;

  2. No agreement or understanding varying or extending these Terms shall be binding upon any party unless arising out of the specific provisions of these Terms; and

  3. If for whatever reason there is inconsistency between these Terms and any other Agreement, these Terms shall prevail.