Enlighten Nutrition Pty Ltd ACN 627590541

Terms of Use

Enlighten Nutrition Pty Ltd ACN 627590541 provides a personalised subscription service that allows our members to access dietary information (“Enlighten Nutrition content”) via Facebook, Mailchimp, downloadable content, and other means associated with electronic transmission.

These Terms of Use govern your use of our service. As used in these Terms of Use, “Enlighten Nutrition service”, “our service” or “the service” means the personalised service provided by Enlighten Nutrition including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

Agreement

The following terms and conditions relate to the use of The Enlighten Nutrition website (www.enlightennutrition.com.au), together with the provision of any associated services or sale of products (including eBooks) (“Site”) (“Services”) (“Terms of Use”).  These Terms of Use constitute an agreement between trading as Enlighten Nutrition Pty Ltd 627590541 (“us”, “we” and “our”) and any user of the Site and/or Services (“you”, “your” and “user(s)”).

By using our Site or any Services, you agree to be bound by these Terms of Use and our Privacy Policy.  We may amend our Terms of Use or Privacy Policy at any time and will use reasonable endeavours to notify you if we do so.  If you do not agree to these Terms of Use or the Privacy Policy (or any subsequent amendments) you must cease using our Site and/or Services immediately.

18 years and over

Users of our Site or Services must be 18 years of age or older, and by using our Site or Services you warrant that you are at least 18 years of age and that the services are being acquired by yourself.

Jurisdiction

You agree that the Services are deemed to be provided in the legal jurisdiction of Australia and are subject to Australian law.

1. Membership
   1. Your ‘Eat Right’ (a ONE-OFF purchase valid for 6 months) and ‘Live Right’ membership will continue until terminated or when 30 days notice is given prior to the billing cycle. To use the Enlighten Nutrition service you must have Internet access and a device compatible with Enlighten Nutrition’s content and functionality, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date (which is 30 days notice), you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).1.2. We offer a ‘Eat Right’ and ‘Live Right’ membership plan. Each membership plan has differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Enlighten Nutrition membership by visiting our website and clicking on the “Account” link available at the top of the pages of the Enlighten Nutrition website under your profile name.
2. Billing and Cancellation
   1. The membership fee for the Enlighten Nutrition service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your “Account” on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
3. Purchase of services

3.1. As part of your continued use of our Site or to purchase our Services you warrant that any personal information you provide to us will always be accurate, correct and up to date.

3.2. You indemnify us and our officers, employees, agents, contractors and consultants and agree to keep us indemnified in the event any of the information you provide us is inaccurate, incorrect or not up to date, and we rely on this information to our detriment.

3.3. In order to purchase any of our Services you will be required to select one of the payment methods available on our Site which may require you to provide us with your credit or debit card information.  Please be aware that all credit or debit card information may be shared with our third-party payment processors.  By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site.

3.4. The prices for Services provided under these Terms of Use will be as set out on the 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”).  We reserve our right to amend our prices at any time without notice to you.

Any concerns regarding payment should be made to us at info@enlightennutrition.com.au

eBooks shall be delivered immediately by download.  Once you have submitted and we have processed your payment information you will be given a link to download your eBook.  If you have any issues with downloading your eBook, please contact us at info@enlightennutrition.com.au

3.5. Once you have subscribed to the Enlighten Nutrition platform you will be provided access to the corresponding user content platform on our Site: ‘Eat Right 90 Day’, ‘Live Right’, and ‘Zoom Consultations’.

3.6. By signing up to the ‘Eat Right’ program you agree that you will be billed for 6 months from time of purchase.

3.7. Any breach of these contractual terms will be enforceable by Enlighten Nutrition to the full extent as permitted by law.

We provide some information free of charge on our Site.

4. Payment methods and updates
   1. To use the Enlighten Nutrition service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.4.2. “Live Right” – You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
5. Cancellation
   1. You can cancel your Enlighten Nutrition membership ‘Live Right’ at any time, and you will continue to have access to the Enlighten Nutrition service through the end of your billing period. To the extent permitted by Australian law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused subscriptions in accordance with our Terms of Use. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page.
6. Changes to subscription plans and pricing
   1. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
7. Enlighten Nutrition Service
   1. The Enlighten Nutrition service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals without the express permission of Enlighten Nutrition. During your Enlighten Nutrition membership we grant you a limited, non-exclusive, non-transferable right to access the Enlighten Nutrition service and view Enlighten Nutrition content. Except for the foregoing, no right, title or interest shall be transferred to you.7.2. The Enlighten Nutrition content is designed and set up to be accessed within Australia.7.3. The Enlighten Nutrition service is regularly updated. In addition, we continually review various aspects of our service, including our website, promotional features, availability of Enlighten Nutrition content, and updates relating to the content and functionality of our site.

7.4. You agree to use the Enlighten Nutrition website and its features and functionalities in accordance with all applicable laws, rules and regulations, and other restrictions on use of the service or content therein. You agree not to reproduce, distribute, modify, display, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Enlighten Nutrition service and terms relating to the reasonable use of the site. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

7.5. Enlighten Nutrition software is designed to enable access, viewing and retrieval of all associated functionalities of the site. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses.

8. Passwords and account access

8.1. The member who created the Enlighten Nutrition account and whose Payment Method is charged (the “Account Owner”) has access and control over the Enlighten Nutrition account and the Enlighten Nutrition ready devices that are used to access our service and is responsible for any activity that occurs through the Enlighten Nutrition account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Enlighten Nutrition ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.

9. Warranties and Limitations on Liability.

9.1. The Enlighten Nutrition service is provided “as is” and without warranty or condition in so far as individual results will vary. You waive all special, indirect and consequential damages against us except as available to you by law. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the Australian Consumer Law.

10. Governing jurisdiction

10.1. The Terms of Use shall be governed by the laws of Australia.

11. Entire agreement

11.1. The agreement contained in these Terms of Use contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms of Use.

12. Published content and materials
    12.1. Enlighten Nutrition will make every effort to conduct due diligence in relation to all published content and materials in meeting both dietary standards and copyright. Enlighten Nutrition accepts no responsibility whatsoever for any similarities in content, materials or any associated general standard of dietary advice that may fall under the Enlighten Nutrition site.
13. Customer support

13.1. Enlighten Nutrition customers, that is users with an up to date subscription will be offered customer support in relation to accessing our online content. Our support does not extend to questions about our paid services beyond that of which our website provides.

14. Survival

14.1. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

15. Severability

15.1. In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.

16. Changes to terms of use

16.1. Enlighten Nutrition may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.

17. Account

17.1. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices and other associated means of communication in line with our Terms of Use and the Privacy Policy) in electronic form only, for example via emails to your email address provided during registration. If your Enlighten Nutrition service is postponed for any reason beyond our control then your subscription will be put on hold at no cost to you and you reserve the right to terminate your subscription.

18. Force Majeure

18.1. In the case of any event that is beyond the reasonable control of both parties both Enlighten Nutrition and the user will be relieved from any contractual obligations between the parties because of the event.

18.2. You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

19. Legal notice amendments

19.1. We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms of Use and new additional information.

20. Termination of access

20.1. Access to our Site may be terminated at any time by us without notice.  These Terms of Use will nevertheless survive any such termination. 

THE REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE

The content on our site relates to ‘Therapeutic Medical Nutrition Therapy’ (refer to our website for further information).

All content on our Site is for INFORMATIONAL and EDUCATIONAL PURPOSES ONLY.

Any statements made on our Site or in our Services are not subject to evaluation by any other agencies.  None of the content on our Site is meant to diagnose any medical or health conditions.  The Services found on our Site are not intended as a substitute for the advice provided by your physician or other health care professional.

You are consenting to a program of ‘Therapeutic Medical Nutrition Therapy’. Persons with any pre-existing medical conditions, in poor health, or with any concerns in relation to the therapeutic medical nutritional therapy should consult with their doctor prior to commencing, or at any stage throughout the program.

You should not 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.

If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

You are responsible for making your own inquiries and seeking independent advice from a health care professional before acting on any information or material made available to you through our Site.

Our Services may not be suitable to your particular circumstances.

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 acknowledge that by participating in or otherwise obtaining our Services, 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 our Services.

This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).  You assume all risks not excluded by law in connection with your use of the Site and our Services.  To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill.

Please be aware that any images or information on the Site may not reflect the results that you may achieve.  Results may vary and your experience may not be similar to the experience of other participants/users.

Evidence-based program

Enlighten Nutrition provides an evidenced-based program by qualified dietitians.

We will take all necessary care and precaution to provide accurate and up to date advice in the area of nutrition, dietary products, and general dietary advice. However, individual circumstances will vary and as such you should consult a medical professional before relying on advice, purchasing products, or relying on any information contained with this agreement.

Information provided on our Site or in conjunction with our Services is based on research of current, peer-reviewed scientific literature.  Before relying on any nutritional information on our Site or obtained through our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and obtain appropriate expert advice relevant to your circumstances where necessary.  We do not give any warranty that the information is free from error or suitable for your purposes.

Nutritional Analysis

Nutritional Analysis 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.

Personal Information

We are required to collect information from you that identifies you (“personal information”) as reasonably required to provide you with our Services.  In some instances the personal information we collect from you will include health information (as defined in the Health Records and Information Privacy Act 2002 (NSW)) (“HRIP Act”) or such other State legislation as may apply in relation to health information at the time of collection (“health information”).

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the HRIP Act in collection of your personal information and health information as set out in our Privacy Policy.  This information may include your personal details such as your name, age, email address, preferred username, mailing address, telephone number and other personal information or health information such as your height, weight, exercise levels, biochemistry, medical history, medication and supplement use, dietary and smoking habits.  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.

Research

Under the terms of this agreement, you consent for Enlighten Nutrition to use de-identified personal information and data relating to any aspect of the ‘Therapeutic Medical Nutrition Therapy’ undertaken by the user/client for research, research publications and clinical services. If for any reason the user’s personal information and data are to be used, a full and informed consent will be sought by the user/client before any use of personal information or data is to be used.

REFER TO PRIVACY POLICY LOCATED ON THIS WEBSITE 

If you have any issues with downloading or accessing information on our Site, please contact us via the contact tab on our website.

Please note that intellectual property of Enlighten Nutrition is subject to the copyright laws of Australia and The Copyright AcT 1968 (Cth) and as such any copying, dissemination, distribution that breaches the terms of the ACT, outside the terms of fair and reasonable use, will render the person/s liable to prosecution.

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: info@enlightennutrition.com.au

Elective surgery

The surgery associated with the ‘Therapeutic Medical Nutrition Therapy’ provided by Enlighten Nutrition is classified as Elective Surgery and may be changed due to events beyond our control. Enlighten Nutrition accepts no responsibility whatsoever arising from changes made to bookings, admissions, consultations or other associated events in relation to this service.

You should seek advice from your health care provider in relation to your level of cover before accessing our services. Enlighten Nutrition, its agents or associated entities, accept NO LIABILITY WHATSOEVER arising from any issues in relation to your level of coverage that may exclude or only cover in part for the services provided to you under your health care provider.

Limitation of liability

Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Services.  In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Services, any website linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site.  In the event of any problem with the Services or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.

Indemnity

The dietitians are certified members of the Dietitians Australia (‘DA’) and carry indemnity insurance This cover can change from time to time in accordance with DA requirements.

In addition to the other indemnities provided by you under these Terms of Use you agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Site or Services by you or your officers, employees, agents, contractors or consultants.

THE INFORMATION CONTAINED IN THIS AGREEMENT DOES NOT SEEK TO EXCLUDE OR LIMIT ANY RIGHTS THAT MAY BE AVAILABLE TO YOU UNDER THE AUSTRALIAN CONSUMER LAW