Terms of service

1. About the Website

(a) Temple Nutrition Coaching provides nutrition advice and information, coaching, digital programs, workshops, eBooks, meal plans, downloadable products and online content (the 'Services ').

(b) Temple Nutrition Coaching and templenutritioncoaching.com.au (the ‘Website’) is operated by Declan Ricky Clifford (ABN 52 614 137 544). Access to and use of the Website, or any of its associated Products or Services, is provided by Temple Nutrition Coaching. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website and/or purchasing any of the Services 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, immediately.

(c) Temple Nutrition Coaching reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Temple Nutrition Coaching 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

(a) You accept the Terms by remaining on the Website and/or purchasing the Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Temple Nutrition Coaching in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account (the 'Account').

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Telephone number

(iv) Health history

(v) Dietary history

(vi) Exercise history

(vii) Food recall

(viii) Current health goals

(d) You warrant that any information you give to Temple Nutrition Coaching in the course of completing the registration process will always be accurate, correct and up to date.

(e) Once you have completed the registration process, you will be a registered client of Temple Nutrition Coaching ('Client') and agree to be bound by the Terms.

(f) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Temple Nutrition Coaching; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(g) Some Services, including but not limited to ebooks, online programs, meal plans and downloadable products are sent via email. It is your responsibility to ensure that you have provided a correct email address as part of your purchase. If you have not received your product within the time frame specified, please check your junk and/or spam mail, otherwise contact declan@templenutritioncoaching.com.au.

(h) From time to time, it is possible that factors which are beyond our control may result in delays of delivering your purchase to you. You acknowledge that Temple Nutrition Coaching will not be liable for any loss or damage, whether direct, indirect or consequential, suffered by you or anyone else as a result of such delays.

4. Payment

(a) Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:

(i) Electronic funds transfer ('EFT ') into our nominated bank account

(ii) Credit Card Payment ('Credit Card')

(b) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Services Fee 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 Services Fee.

(d) You agree and acknowledge that Temple Nutrition Coaching can vary the Services Fee at any time.

5. Refund Policy

Temple Nutrition Coaching will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if Temple Nutrition Coaching makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').

6. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Temple Nutrition Coaching 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Temple Nutrition Coaching or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Temple Nutrition Coaching, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Temple Nutrition Coaching does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Temple Nutrition Coaching.

(c) Temple Nutrition Coaching retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d) You may not, without the prior written permission of Temple Nutrition Coaching 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

(a) Temple Nutrition Coaching takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Temple Nutrition Coaching's Privacy Policy, which is available on the Website.

8. General Disclaimer

(Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(a) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Temple Nutrition Coaching will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(b) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Temple Nutrition Coaching make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Temple Nutrition Coaching) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Temple Nutrition Coaching; and

(iv) the Services or operation in respect to links which are provided for your convenience.

9. Limitation of liability

(a) This site and the information on it is completely based upon the research, own experiences and opinions of Temple Nutrition Coaching, unless otherwise stated or referenced.

(b) This Website and the Services are not in any way designed for purposes of diagnosis or treatment of health conditions, and are not designed to replace dietary or health advice by your qualified health care practitioner.

(c) This Website and the Services are meant for information purposes only and are intended to support visitors and Clients to make healthy dietary and lifestyle choices. It is the responsibility of the visitor to do their own research and consult with qualified health professionals before making any dietary and lifestyle changes.

(d) To the extent permissible by law, Temple Nutrition Coaching (and any of its agents and/or representatives) does not accept any responsibility for any loss or damage, howsoever caused, which you may directly or indirectly suffer in connection with your use of the Website (or any third party links featured on our Website), nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained on, or accessed through our Website and/or any of our Services purchased or obtained, or for the cost of procurement of substitute products, or for messages received or transactions entered into, even if we have been advised of the possibility of such damages.

(e) The use of information on our Website and in any of the Services is at your own risk. To the maximum extent permitted by law, we exclude all liability in respect of any injury, loss or damage arising out of, or related to the use, or inability to use any information on our Website and/or the Services. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damage, interruption of business, loss of data, income or profit, loss of, or damage to property and third party claims. If any liability is not able to be excluded by law, then to the maximum extent permitted by law, our liability is limited to the re-supply of any products and/or the price you have paid in respect of the same.

(f) Any advice and guidelines provided on the Website and/or as part of the Services is not intended to be a substitute for medical advice. You agree to consult with your Doctor or healthcare professional and obtain medical clearance from your Doctor before starting any programs, services, advice or guidelines obtained from this Website and/or the Services.

(g) To the extent permissible by law, Temple Nutrition Coaching and any of its agents and/or contractors will not be responsible for any injuries, health problems or death experienced or sustained as a result of using any the Services or following any information contained on the Website.

(h) Temple Nutrition Coaching's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

10. Affiliate Partnerships and Sponsors

(a) From time to time Temple Nutrition Coaching may share sponsored posts or include links to products featured on this website or in one of our blog posts. Please note, Temple Nutrition Coaching may at times receive a small compensation from doing so. However, Temple Nutrition Coaching would not recommend anything without researching, personally trialling and enjoying the product first, and would happily recommend the product regardless of compensation.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Temple Nutrition Coaching as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Temple Nutrition Coaching with 1 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Temple Nutrition Coaching has made this option available to you.

Your notice should be sent, in writing, to Temple Nutrition Coaching via declan@templenutritioncoaching.com.au.

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Temple Nutrition Coaching is required to do so by law;

(iii) the provision of the Services to you by Temple Nutrition Coaching is, in the opinion of Temple Nutrition Coaching, no longer commercially viable.

(d) Subject to local applicable laws, Temple Nutrition Coaching reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Temple Nutrition Coaching's name or reputation or violates the rights of those of another party.

12. Indemnity

You agree to indemnify Temple Nutrition Coaching, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(b) any breach of the Terms.

13. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.