1. About the Website
1.1. Welcome to www.amvnutrition.com.au (the ‘Website’). The following terms and conditions relate to the provision of any services or sale of products (including downloadable material) from AMV Nutrition website (https://amvnutrition.com.au) (“Site”) (“Services”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between ‘Aspire Metabolic Vitality’ (“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.
1.2. The Website is operated by Aspire Metabolic Vitality (ABN 72 743 062 305). Access to and use of the Website, or any of its associated Products or Services, is provided by Aspire Metabolic Vitality. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you 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.
1.3. Aspire Metabolic Vitality reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Aspire Metabolic Vitality updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. By using the Site or any Services you agree to be bound by this Agreement, our Website Terms of Use, and our Privacy Policy.
3. Copyright and Intellectual Property
3.1. The Website and all of the related products of Aspire Metabolic Vitality are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Aspire Metabolic Vitality or its contributors.
3.2. You may not, without the prior written permission of Aspire Metabolic Vitality and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re- use or are in the public domain.
4. Requirement to Obtain Professional Medical Advice
- All content on our Site and/or provided via our Services is for 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 consulted by your general practitioner before adopting any new treatment for a health problem or before adopting a new dietary program.
- If at any time you notice any unanticipated changes to your health (physical, mental, or emotional), you should seek medical attention immediately.
5. 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.
- 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.
6. 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.
7. Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary program 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.
8. 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.
9. Payment
All services will be billed at the completion of the consultation via Square payment system in clinic. For online consultations you will be required to pay 100% of the service fee before the consultation takes place, payment will be required 24 hours prior to appointment. All cancellation/no show fees will be due for payment within 7 days of scheduled appointment.
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 (“GST Act”).
If you have any issues with payment do not hesitate to contact us at info@amvnutrition.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.
10. Bookings, Refunds and Cancellations
Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation during business days 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 24 hours’ notice during business days.
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 info@amvnutrition.com.au
11. 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 info@amvnutrition.com.au
12. Choice of Law
This Agreement shall be governed by the laws in force in the state of Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.
13. 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 Victoria, 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
14. 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.
15. 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.
26. 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.
27. 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. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
28. Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send us e-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.
29. General
- 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.
- If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the provision must be read down 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.
- 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.
- The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.