Terms & Conditions
Welcome to LEPT Nutrition. LEPT Nutrition provides nutrition counselling and information and guidance about diet, nutrition, and lifestyle (Services).
In these terms, we refer to LEPT Nutrition as our, we, or us.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.leptnutrition.com.au and any other websites we operate with the same domain name and a different extension (Website).
These terms also apply when you make an appointment for Services (Bookings) or buy a meal plan (Meal Plan) through this Website.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
PART A: Terms for when you make a Booking or buy a Meal Plan
PART B: Terms for when you browse and interact with this Website
PART C: Liability and warranties, and interpretation provisions (applies to both Part A and Part B)
Please let us know if you have any questions about these terms. Please do not use this Website, make a Booking or buy a Meal Plan unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you make a Booking or buy a Meal Plan, the terms of Part A accepted at the point of sale will apply.
However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website. You can check the date at the top of this page to see when we last updated these terms.
PART A
FOR WHEN YOU MAKE A BOOKING OR BUY A MEAL PLAN …
Making a booking and OUR SERVICES
We use a third-party booking service called Cliniko to make Bookings (Cliniko).
To engage us to perform the Services, you must make a Booking using Cliniko through the Website. The range of our Services are detailed on the Website. Prior to making a Booking, please ensure to carefully read what’s included for each of our Services. In some cases you will need to make multiple Bookings.
By making Booking you are also agreeing to Cliniko’s terms and conditions and policies which can be accessed here. We accept no responsibility for any failure that limits or otherwise affects your ability to make a Booking. However, if you do encounter any issues, please contact us.
(Client Registration Form and Declaration) Prior to attending a Booking and us providing you with the Services, you will need to complete a client registration form and a declaration. The client registration form will ask you a few questions about your personal circumstances and your health. In completing the client registration form, you represent and warrant that the information you’ve provided us on the client registration form is accurate and true. You also consent to us using this information to provide you with the Services. The declaration sets out information you must acknowledge and agree to as well providing consent to certain Services.
BUYING A meal plan
The range of our Meal Plans are detailed on the Website.
Meal Plans can be bought by submitting an order using the Website's functionality (Meal Plan Order).
Your Meal Plan will be delivered electronically by email to the email you have provided as part of the Meal Plan Order.
Agreement
By making a Booking and/or submitting a Meal Plan Order, you are agreeing to enter into a contract with us, where we will provide you with the Services and/or Meal Plan you have ordered in exchange for your payment of the total amount displayed when making the Booking and/or submitting a Meal Plan Order (Fee).
In the case of a Booking, a contract is not formed until you receive an email from us that your Booking has been confirmed.
In the case of a Meal Plan Order, a contract is formed once you have submitted a Meal Plan Order.
In addition, by making a Booking and/or submitting a Meal Plan Order, you are representing and warranting that you are either:
over the age of 18 years an making the Booking for yourself or buying a Meal Plan for yourself; or
under the age of 18 years and have your parent or guardian’s permission to make a Booking for yourself or buy a Meal Plan for yourself.
PAYMENT
All prices are:
in Australian Dollars; and
subject to change prior to Booking being confirmed and/or completing a Meal Plan Order without notice.
(Payment obligations) Time for payment will be subject to whether you are making a Booking or buying a Meal Plan.
In the case of a Booking, you must pay for the Services either at the time of making a Booking or after we have provided the Services.
In the case of a Meal Plan Order, you must pay for the Meal Plan at the time of submitting a Meal Plan Order.
(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply, you must pay the GST subject to us providing a tax invoice.
(Card Surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Payment Partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Pricing Errors) If we discover an error or inaccuracy in the price at which a Booking was made or a Meal Plan was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of making a Booking or purchasing a Meal Plan at the correct price or cancelling your Booking or Meal Plan purchase. If you choose to cancel your Booking or Meal Plan purchase and payment has already been debited, the full amount will be credited back to your original method of payment.
RESCHEDULING OR CANCELLING A BOOKING
If you cannot attend a Booking, you must provide us at least 24 hours’ notice. If you cancel or reschedule a Booking less than 24 hours before the Booking time, you will be charged 100% of the Fee for that Booking.
You may reschedule your Booking by making a new Booking using our Cliniko through the Website.
We do not offer refunds for change of mind.
INTELLECTUAL PROPERTY
We retain all intellectual property rights in our Services and the Meal Plans.
In this clause 7 "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
PART A
FOR WHEN YOU MAKE A BOOKING OR BUY A MEAL PLAN …
Making a booking and OUR SERVICES
We use a third-party booking service called Cliniko to make Bookings (Cliniko).
To engage us to perform the Services, you must make a Booking using Cliniko through the Website. The range of our Services are detailed on the Website. Prior to making a Booking, please ensure to carefully read what’s included for each of our Services. In some cases you will need to make multiple Bookings.
By making Booking you are also agreeing to Cliniko’s terms and conditions and policies which can be accessed here. We accept no responsibility for any failure that limits or otherwise affects your ability to make a Booking. However, if you do encounter any issues, please contact us.
(Client Registration Form and Declaration) Prior to attending a Booking and us providing you with the Services, you will need to complete a client registration form and a declaration. The client registration form will ask you a few questions about your personal circumstances and your health. In completing the client registration form, you represent and warrant that the information you’ve provided us on the client registration form is accurate and true. You also consent to us using this information to provide you with the Services. The declaration sets out information you must acknowledge and agree to as well providing consent to certain Services.
BUYING A meal plan
The range of our Meal Plans are detailed on the Website.
Meal Plans can be bought by submitting an order using the Website's functionality (Meal Plan Order).
Your Meal Plan will be delivered electronically by email to the email you have provided as part of the Meal Plan Order.
Agreement
By making a Booking and/or submitting a Meal Plan Order, you are agreeing to enter into a contract with us, where we will provide you with the Services and/or Meal Plan you have ordered in exchange for your payment of the total amount displayed when making the Booking and/or submitting a Meal Plan Order (Fee).
In the case of a Booking, a contract is not formed until you receive an email from us that your Booking has been confirmed.
In the case of a Meal Plan Order, a contract is formed once you have submitted a Meal Plan Order.
In addition, by making a Booking and/or submitting a Meal Plan Order, you are representing and warranting that you are either:
over the age of 18 years an making the Booking for yourself or buying a Meal Plan for yourself; or
under the age of 18 years and have your parent or guardian’s permission to make a Booking for yourself or buy a Meal Plan for yourself.
PAYMENT
All prices are:
in Australian Dollars; and
subject to change prior to Booking being confirmed and/or completing a Meal Plan Order without notice.
(Payment obligations) Time for payment will be subject to whether you are making a Booking or buying a Meal Plan.
In the case of a Booking, you must pay for the Services either at the time of making a Booking or after we have provided the Services.
In the case of a Meal Plan Order, you must pay for the Meal Plan at the time of submitting a Meal Plan Order.
(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply, you must pay the GST subject to us providing a tax invoice.
(Card Surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Payment Partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Pricing Errors) If we discover an error or inaccuracy in the price at which a Booking was made or a Meal Plan was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of making a Booking or purchasing a Meal Plan at the correct price or cancelling your Booking or Meal Plan purchase. If you choose to cancel your Booking or Meal Plan purchase and payment has already been debited, the full amount will be credited back to your original method of payment.
RESCHEDULING OR CANCELLING A BOOKING
If you cannot attend a Booking, you must provide us at least 24 hours’ notice. If you cancel or reschedule a Booking less than 24 hours before the Booking time, you will be charged 100% of the Fee for that Booking.
You may reschedule your Booking by making a new Booking using our Cliniko through the Website.
We do not offer refunds for change of mind.
INTELLECTUAL PROPERTY
We retain all intellectual property rights in our Services and the Meal Plans.
In this clause 7 "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
PART B
FOR WHEN YOU BROWSE THIS WEBSITE…
ACCESS AND USE OF THE WEBSITE
You agree to only use the Website in accordance with these terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;
use the Website for any purpose other than the purposes of making a Booking and/or browsing, selecting or purchasing Meal Plans;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects (or both, as the case may be);
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential; and
any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including our Services, Meal Plans, prices and other Website Content (defined below).
INTELLECTUAL PROPERTY
We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings and pricing) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content.
In this clause 11 "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
THIRD PARTY TERMS AND CONDITIONS
You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
THIRD PARTY PLATFORM
This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in making a Booking or buying a Meal Plan.
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contact details or form provided on our Website.
PART C
LIABILITY AND OTHER LEGAL TERMS…
LIABILITY and indemnity
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to this Website, these terms or any Services, Meal Plan or any other goods or services provided by us to $100 AUD.
All other express or implied representations and warranties in relation to the Services and Meal Plans are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You indemnify us, our employees and agents from and against all liability for loss, damage or injury which is or may be suffered by any person arising or resulting from your or your representatives':
breach of any of these terms;
use of the Website; or
use of any goods or services provided by us.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising from, in connection to or relating to this Website, these terms or any Services, Meal Plan or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
DISCLOUSRE
All information provided on this Website (including information provided by Meal Plans) is general in nature and is not medical advice. Any information on this Website is not a substitute for advice from a doctor. Always consult your doctor before engaging in any nutrition, weight loss or exercise program. Use of any information contained on this Website (including information provided by Meal Plans) is solely at your risk.
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
GENERAL
(Governing law and jurisdiction) These terms are governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(Severance) Any provision of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
(Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(Assignment) you cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.
(Entire agreement) These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(Interpretation)
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or "dollar" is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.