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 the Amy Savage Nutrition website (https://www.amysavagenutrition.com) (“Site”) (“Services”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between, Amy Savage Nutrition Pty Ltd ACN 627 143 364 (“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.
Requirement to Obtain Professional Medical Advice
Our Reliance on Your Accuracy of Information
Nutritional Information
Nutritional information provided on our Site is based on extensive research by Amy Savage (Bachelor of Health Science, Nutritional Medicine & Dietetics). 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, nutrition databases, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
Testimonials
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials. It is important to understand that everyone is different and results vary from person to person.
We use testimonials to showcase results that have been gained by that individual and these personal results will vary from person to person.
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. 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 selecting ‘unsubscribe’ in emails received or by emailing us at hello@amysavagenutrition.com with ‘unsubscribe’ in your email’s subject
Payment
We use a secure online payment system.
In order to purchase any of our Services (including any programs or 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 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.
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 hello@amysavagenutrition.com.
All Services (including any goods) available from our Site are subject to consumer protections under the Australian Consumer Law.
Delivery
After processing your payment, you will receive your order via email (please always check junk/spam if this isn’t received). Additional information about Amy Savage Nutrition programs can be found within our Site.
Refunds and Cancellations
Amy Savage Nutrition - The Signature Program
Due to the nature of digital products, we will not offer a refund for a simple change of mind or if you deem the program unsuitable for any reason (it is your responsibility to determine if the product is suitable for you before your purchase), therefore it is the responsibility of the purchaser to read the product page thoroughly before you make a purchase.
eBooks
Refunds will not be issued for any eBooks purchased via amysavagenutrition.com
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 hello@amysavagenutrition.com.
Disclaimers
You acknowledge that Amy Savage Nutrition does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products than that provided for pursuant to these Terms.
Amy Savage Nutrition will make every effort to ensure a Product is accurately depicted on the Website, however you acknowledge that the results from person to person and Amy Savage Nutrition is not responsible for any changes in your person.
Use of the Website, the Purchase Services, and any of the products of Amy Savage Nutrition is at your own risk. Everything on the Website, the Purchase Services and the Products of Amy Savage Nutrition are provided to you on an ‘as is’ and ‘as available’ basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Amy Savage Nutrition make any express or implied representation or warranty about it Content or any products or Purchase Services (including the products or Purchase Services of Amy Savage Nutrition) referred to on the Website.
Limitations and Liability
Indemnity
You agree to defend, indemnify and hold harmless Amy Savage Nutrition Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
Privacy and Child Protection
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 Health Records and Information Privacy Act 2002 (NSW)) (“HRIP Act”) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information.
Our Privacy Policy can be accessed by clicking on this link
Amy Savage Nutrition complies with all Australian Child Protection legislation to the extent applicable.
Choice of Law
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
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 New South Wales, 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.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
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.
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.
Assignment
You 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.
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.
Electronic Communications
We 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.
General