Terms & Conditions

Terms and Conditions Agreement

In these terms and conditions, “we” “us” and “our” refers to www.rachelarthur.com.au and our parent company Rachel Arthur Nutrition, ABN 87 383 775 980. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Unless otherwise stated, all content on the Rachel Arthur Nutrition website is the property of Rachel Arthur Nutrition and is protected by the relevant Australian and international copyright laws.

Registered Users/Members
In order to access the products provided on this website, you must finalise your purchase and complete registration by providing certain information as set out on our billing page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

On completing your purchase, you agree to pay for our products as set out on our website.

On completing your purchase, you gain access immediately to your purchased products and Subscriptions, except for Group Mentoring programs, payment plans or ‘Live’ delivered programs. To access your purchased content, you must login using the email address you purchased and will be provided with a password when you click ‘Lost Password?’.

We reserve the right to terminate your registration/membership at any time if you breach the following terms and conditions.

Our Website Services
Our services are education through blogs, online products (video and/or audio presentations), Update in Under 30 Subscriptions, Group Mentoring and ‘live’ online presentations.

As part of the service, we shall provide a password protected online account under the email you purchased the product with. The ‘active content’ area may include video, audio, templates, resources, slide decks and other training and support information of the product you purchased. You shall have continuous access to the ‘active content’ indefinitely.

All online products are accessed through your online account, under ‘active content’. All videos and audios are streamed and not available for download. All associated pdfs and templates are available for download.

Our Update in Under 30 Subscription gives you access to all Update in Under 30 episodes only.  A new episode is released at the end of each month. Your subscription will automatically renew after 12 months, and you will be notified via email 2 weeks prior to the renewal date. If you cancel your subscription, you will no longer have full access to all episodes. The episodes that were released during your subscription will be the only episodes that remain indefinitely in your online account.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.

All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time.

Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Fees
In consideration of your access to the product, you agree to pay the full fee upfront.  With regards to program or products with payment plans, you will remain responsible for those payments for the agreed term of the plan. You may not cancel or avoid these payments. In the event that any payment is not made, we shall notify you via email, so you can rectify the failed payment. If you do not respond within 7 days, we will immediately suspend your access to this membership.

The Update in Under 30 Subscription will automatically renew after 12 months and you will be notified via email 2 weeks prior to the renewal date. You can elect to not auto renew your subscription in your Account, under Subscriptions and deselect ‘auto renew’ toggle.

Methods of Payment
If you elect for the payment plan or upfront payment, you hereby authorise us to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments. If payments are declined or fail, you must provide updated credit card or debit card details promptly in your account or your access to that product/program will be removed.

Refund Policy
We do not provide refunds as you get immediate access to the product you purchased.  All payments are non-refundable, and you are responsible for full payment of the fees for the online content/product regardless if you complete it or not.

We want you to be satisfied with your purchase, and if you notify us within 24 hours of your purchase or if you are participating in a ‘live’ program, a payment plan or Group Mentoring and notify us after the first session, we will consider your application for a refund.

All refunds are discretionary as determined by Rachel Arthur or any Rachel Arthur Nutrition staff. Upon determining if you are entitled to a refund pursuant to this agreement, your access to the purchased content may be terminated.  Please note that if an order is cancelled and we need to process a refund, there will be a 5% fee to cover the cost of the 3rd party charges and administration costs that we incur.    An additional fee many also be charged for content already received.

If you do not request a refund or a refund is denied, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

Disclaimers
All information provided in these products is aimed specifically for health practitioners. This content is not intended and should not be construed as medical advice or a substitute for care by a qualified medical professional.  If you or any other person has a health or medical concern, he or she should consult with an appropriately qualified health practitioner.

All video, audio and materials related to each product is copyrighted and is provided for individual viewing only by the purchaser. It may not be forwarded to any third party nor used in any other manner by an individual, group, association or company unless express permission has been gained from Rachel Arthur or Rachel Arthur Nutrition under a licensing agreement.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Intellectual Property Rights
All content included on this website, such as text, graphics, logos, images, templates, resources, as well as the compilation thereof, is the property of Rachel Arthur and Rachel Arthur Nutrition, and protected by copyright and other laws that protect intellectual property and proprietary rights.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the content and resources. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this website.

The online content is not for resale. We do not grant you any licenses, express or implied, to the intellectual property of Rachel Arthur and Rachel Arthur Nutrition as expressly authorised herein. If you violate the intellectual property rights, your access to that product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure
We shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or telecommunication breakdown or power outage.

Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

If you do not understand or agree with any of these conditions, please do not complete your purchase. If you require further clarification, please contact [email protected]

© Rachel Arthur Nutrition 2023