Eat Like The Elite
PURCHASE TERMS AND CONDITIONS
Thank You for choosing Jessica Spendlove!
These Terms and Conditions govern your purchase.
By clicking “accept” You agree to these Terms and Conditions.
1. Purchase Services
1.1 The Website, jessicaspendlove.com is operated by Jessica Kathleen Spendlove (ABN: 69 923 601 447) t/as Jessica Spendlove Clinical and Sports Dietitian (‘Jessica Spendlove’).
1.2. Access to and use of the Website, or any of its associated products or services is provided by Jessica Spendlove.
1.3. The Website provides you with an opportunity to browse and purchase participation in self-paced courses that have been listed for sale through the Website (the ‘Courses’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.4. You have agreed to purchase a Course through the Website (‘Course’).
1.5. These Terms and Conditions are to be read in conjunction with the payment page (‘Payment Page’) and Course information page (‘Information Page’) of the Website.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Jessica Spendlove in the user interface.
3. Personal Information
3.1. When purchasing the Course, you will be required to provide personal information such as your full name, password and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
3.3. Your personal information is kept in accordance with Jessica Spendlove’s Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.
4. Purchase of Course
4.1. In using the Purchase Services to purchase the Course through the Website, you will agree to the payment of the purchase price listed on the Information Page (the 'Purchase Price').
4.2. Payment of the Purchase Price may be made via the payment methods listed as available (the 'Payment Gateway Providers').
4.3. You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4. Following payment of the Purchase Price 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.
4.5. You acknowledge and agree that where a request for the payment of the 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 Fees.
4.6. In the event that any payment under this Agreement 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.
4.7. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by You.
4.8. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Delivery of Course and Licence Information
5.1. Each Course purchase grants to you access to the Course through the member portal used from time to time (the ‘Member Portal’).
5.2. When You purchase a Course through the Website, Jessica Spendlove grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for Your specific, non-commercial use only (the ‘Licence’).
5.3. The Licence is valid for the Course term outlined in the Course information page of the relevant Course (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.
5.4. The Courses are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.
6. Refunds
6.1. You must notify Jessica Spendlove of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).
6.2. The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.
6.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Jessica Spendlove reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Services will be revoked.
6.4. In the event that any payment under the Terms is not made in full on the due date, Jessica Spendlove is entitled to charge You interest at the rate of 4.5% per annum, calculated daily.
6.5. You agree that if You default on any payments due and payable under the Terms, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by You.
6.6. Jessica Spendlove will only provide You with a refund of the Fees in the event that Jessica Spendlove is unable to continue to provide the Services (the 'Refund').
7. Hour of Power
Jessica Spendlove may offer you the option of adding an additional service of an hour long strategy session with Jessica Spendlove. If you choose to purchase this additional service these terms and conditions will apply.
8. Liability
Jessica Spendlove’s total liability arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to You.
9. Warranty Period for the Course
9.1. Jessica Spendlove will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Jessica Spendlove makes no warranty that the Course will meet Your requirements or that all clients will achieve the same results.
9.2. The Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, You are entitled to cancel Your Course contract with Jessica Spendlove, and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Copyright and Intellectual Property Rights
10.1. Intellectual Property Rights
- You agree that any works, documentation, materials, Course content, creative works or information of whatever nature produced or developed by Jessica Spendlove or under Jessica Spendlove's direction pursuant to or in the course of providing the Course will remain the sole and complete property of Jessica Spendlove, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
- There is no assignment of Intellectual Property Rights by Jessica Spendlove to You pursuant to this Agreement.
- Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
10.2. Indemnification
You hereby indemnify and agree to keep indemnified Jessica Spendlove against all liability, losses or expenses incurred in relation to or in any way directly or indirectly connected with any breach of copyright under these terms and conditions.
11. Disclaimer
11.1. 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 your use of the Services. As such, you agree that Jessica Spendlove is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Services provided by Jessica Spendlove.
11.2. You understand that the Courses are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Courses are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
11.3. You agree to release and discharge Jessica Spendlove from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Jessica Spendlove.
12. Information Disclaimer
12.1. Any information, advice, content or documentation provided through the Course, including in any associated blog, on the Website or on any other related platform do not constitute medical attention, examination, diagnosis or treatment, and are provided for general information and guidance purposes only.
12.2. All care is taken in the preparation of the information and published materials in the Courses, on the Website 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.
12.3. 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 in the associated blog, on the Website or on any other related platform.
13. Mailing List Registration
13.1. You will be given the option to register for the Jessica Spendlove Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’).
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Name and address
- Mobile phone number
- If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Jessica Spendlove.
14. Governing Law & Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Course, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
15. Severance
Any provision of this Agreement 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.
16. Marketing
You agree that any testimonials that may be provided by You from time to time may be used by Jessica Spendlove for marketing purposes.
17. Entire Agreement and Modifications
The parties confirm and acknowledge that these Terms and Conditions, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between the parties and will supersede and override all previous communications, either oral or written, between the parties.
