Website Terms

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

  • 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 healthcare 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.

 

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. 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.

 

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

  1. (a) Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
  2. (b) For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
  3. (c) With the exception of Consumer Guarantees, we exclude:
    1. (i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
    2. (ii) any liability for loss caused by our negligence; and
    3. (iii) any liability for Consequential Loss.
      1. (d) To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
        1. (i) In the case of goods, to:
          1. (A) the replacement of the goods or the supply of equivalent goods;
          2. (B) the repair of the goods;
          3. (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          4. (D) the payment of the cost of having the goods repaired.
        2. (ii) In the case of services, to:
          1. (A) the supplying of the services again; or
          2. (B) the payment of the cost of having the services supplied again.
    4. In the event of any problem with the Services (including any products) that you have purchased on or through this Site, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.
      For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
      If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

 

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:

  1. your use of and access to our Site and Service;
  2. your violation of any term or condition of this Agreement;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that any of your use caused damage to a third party.
  5. This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim. 


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

  1. 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.
  2. 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.
  3. 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.
  4. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.