Terms & Conditions 

Disclaimer

Effective date: July 2022

 

Terms & Conditions  

Your Acceptance 

The following terms and conditions relate to the provision of any services or sale of products (including online courses, physical products or downloadable material) from the Flourishing bodies website (www.flourishingbodies.com.au) or any other platform, and use of and participation in the online community (“Site”) (“Course”) (“Services”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between, Carmen Cooper and Diahann Marsh trading as Flourishing Bodies (ABN 52 281 761) (“Flourishing Bodies” “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, participating in any Course 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. 

Flourishing Bodies Courses 

Flourishing Bodies Courses are educational courses designed to provide you with general information and understanding to enable you to make informed decisions about your nutrition and health choices.  

The Courses include: 

  • Access to the Flourishing Bodies online course and associated materials on the Kajabi platform, or any other platform as amended from time to time; 
  • Access to private community groups where applicable, to enable discussion with other participants; and 

Unlimited access to all resources and materials as defined in the initial purchase or the duration of their publication online. You understand that the courses are designed to be educational in nature, and that no guarantees are made as to any general health, pregnancy, fertility or other major health outcomes. You understand that our courses are designed to provide generalised information and guidelines to participants, and do not provide personalised or tailored information or advice. 

Requirement to Obtain Professional Medical Advice 

You understand and accept that: 

  • All content on our Site is for informational and educational purposes only. 
  • No therapeutic relationship is created by entering into this agreement. 
  • No statements appearing on our Site or in our Services have 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, 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 of something you have read on our Site. 
  • Please seek medical advice in regard to your individual 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. 

Nutritional and specialist health information 

Nutritional information or otherwise specialised health advice provided on our Site or Services by ourselves or Affiliates personally engaged by us is based on extensive research. Before relying on any such information on our Site or 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 guarantee that the information is free from error or suitable for your purposes. 

Persons with pre-existing medical conditions, or with any concerns as to commencement of any new nutritional program should consult with an appropriate healthcare professional before commencing any new nutritional program. 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 website.  

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 guarantee of reasonable care and skill. 

Use of Our Services 

You are responsible for your use of our Site and Services, and for any use of our Site and Services made using your device(s). You also agree that your use of our Site and Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.  

Authorisation  

We make our Services available to you through our Site. When you use our Site or Services (including the downloading of any Course material), we grant you a personal, non-exclusive, revocable, limited Authorisation to use the relevant Service and access our Site. This means you may not re-sell our Services or Courses anywhere else or use for any commercial purpose, share your authorisation to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services (“Authorisation”). 

This Authorisation may be terminated if you violate these Terms and Conditions or our Privacy Policy. Additionally, this Authorisation may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of the Site or Services are in violation of any applicable laws. If you do not agree to the terms of this Authorisation, you must not use or Site or Services. You may terminate this Authorisation at any time by notifying us or ceasing to use our Services. 

We reserve the right to refuse service, block or suspend any user of our Site or Services or social media pages, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice. 

We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site or our social media pages by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us. 

You agree to indemnify us and each of our employees, agents, contractors, suppliers, guest experts (collectively “Affiliates”) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with these Terms and Conditions, or any other negligent or wrongful act or omission in relation to the subject matter of these Terms and Conditions. 

Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to a website operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Websites, or in respect of the owner or operator of a Third Party Websites or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. 

Intellectual Property  

The design of our Site, Courses and Services along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under law. “Flourishing Bodies” is a registered business name, all rights reserved. We reserve all rights not expressly granted under these Terms and Conditions in and to the Site and Services. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Services unless we have given express written permission. 

By uploading, transmitting, posting or otherwise making available any material on a Site and any associated educational or social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968. 

You understand and accept that any posts or comments shared on the Course platform or social media may be de-identified and used in marketing or promotional material.  

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, 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. 

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at [email protected] using ‘unsubscribe’ in your email’s subject. 

User Accounts 

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Site. 

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.  

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of. 

Payment 

We use a secure online payment system. 

In order to purchase any of our Services (including any 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.  

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 [email protected] 

All Services (including any goods) available from our Site are subject to consumer protections under the Australian Consumer Law. 

Course Delivery 

After processing your payment, you will be provided access to the Course/s you have chosen using the unique username and password you selected at the time of purchase.  

Refunds and Cancellation 

We do not offer exchanges or refunds for a simple change of mind. Any refunds offered will be in line with the conditions at the initial time of purchase. No refunds will be given following course completion. Please ensure that you are selecting and ordering products that are suitable for you.  

In the event of any defect with the Services 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 in question (where applicable), or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, you must notify us immediately by emailing us at [email protected] 

You can cancel your participation in the Course by emailing us at [email protected], however, we do not provide refunds for payments already made unless it meets the money-back guarantee time frame pertaining to that particular course.  

Privacy Policy  

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.   

Disclaimer  

The contents of this course are of a general nature and for educational purposes only, and as such are not a substitute for professional healthcare advice, diagnosis or treatment. You should always consult with your qualified healthcare provider for advice, as it pertains to your individual situation and circumstances. Flourishing Bodies PTY LTD are not responsible for adverse effects resulting from your use of or reliance on any information contained within the contents of this course.