1. Your Acceptance

The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from the Daley Nutrition website (https://www.daleynutrition.com) or from us personally. These Terms and Conditions of Use constitute an agreement between Luke and Carly Daley trading as Daley Nutrition and PT. ABN 3520 4465 382, the owner and operator of the Site and any Services, and you or user of the Site and/or Services.

By using our Site https://www.daleynutrition.com/ and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement 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 or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

Users must be 16 years or older to purchase any of our products or Services.

PART A: USE OF OUR SERVICES

2. Requirement to Obtain Professional Medical Advice

• All content on our Site and/or provided via our Services 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 and/or provided via our Services 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 and/or provided via our Services 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 and/or provided via our Services.
• You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so 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 Your Accuracy of 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 and/or provided via our Services. 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.

4. Nutritional Information

Nutritional information provided on our Site and/or provided via our Services is based on extensive research. Before relying on any nutritional information on our Site and/or provided via our Services, 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.

5. Fitness Level

Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary 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 Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are 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.

6. 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.

7. User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you. Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

8. 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 when purchasing through our Site, 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 orders must be pre-paid. Orders will only be sent out or available for download (for electronic products, such as eBooks) after full payment of the total amount is cleared.

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 advised to you at the time you apply for the Services, or as otherwise advised to you at the time of purchase from us. 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.

From time to time we may issue promotional or discount codes for use for purchases via our Site. 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 Luke@daleynutrition.com.au

All Services (including any goods and electronic products) available from our Site or otherwise purchased from us are subject to consumer protections under the Australian Consumer Law.

9. Bookings, Refunds and Cancellations

Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation during business days in the State of Victoria to be eligible for a full refund should you wish to cancel your appointment. If you wish to change your appointment time, we require a minimum of 48 hours’ notice during business days.

Your rights to refund or replacement (if applicable) in respect of our Services are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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 luke@daleynutrition.com.au

10. Contact Information

If you have any questions or concerns about your order or if you have any questions about our products or Services do not hesitate to contact us. You may contact us by email at Luke@daleynutrition.com.au