Terms and Conditions | Powered By Nutrition

TERMS OF SERVICE & WEBSITE TERMS OF USE

Pooja Adhyaru T/AS Powered By Nutrition

BY VISITING WWW.POWEREDBYNUTRITION.COM.AU YOU ARE CONSENTING TO
OUR TERMS OF SERVICE & WEBSITE TERMS OF USE.

Your Acceptance
The following terms and conditions and website terms of use relate to the provision of any
services or sale of products (including downloadable material) from the Powered By Nutrition website (https://www.poweredbynutrition.com.au) (“Site”)
or from us personally (together, “Services”) (“Terms and Conditions of Use”). These Terms and
Conditions of Use constitute an agreement between Pooja Adhyaru trading as Powered By Nutrition ABN
90 319 758 324(“Powered By Nutrition”, “we,” “us,” and “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 and/or any Services you agree to be bound by this Agreement, and ourPrivacy Policy. We may amend
this Agreement or our Privacy Policy. If
you do not agree to the terms and conditions contained in this Agreement or ourPrivacy Policy (or any
subsequent amendments) you must cease using our Site and Services immediately.
Users must be 18 years or older to purchase any of our products or Services.
TERMS OF SERVICE & WEBSITE TERMS OF USE
Requirement to Obtain Professional Medical Advice
1. All content on our Site/products/social media is only for informational and educational
  purposes.
2. None of the content or products offered on our Site and/or provided via our Services are
  meant to diagnose or treat any medical or health conditions, nor to guarantee any particular outcome or
  results.
3. The products and content found on the Site and/or provided via our Services are not intended
  as a substitute for the advice provided by your medical doctor or primary health care provider.
4. If you have or suspect that you have a medical problem, or if you have a pre-existing
  medical condition or are pregnant or breast-feeding, you should contact your primary health care
  provider before using our Services.
5. Never disregard, avoid, or delay obtaining medical advice from your doctor or primary health
  care provider because something you have read on our Site/products/social media.
6. If at any time you notice any unanticipated changes to your health (physical,
  mental or emotional), you should seek medical attention immediately.
Our Reliance on Your Accuracy of Information
1. You acknowledge that our Services are provided on the basis of the accuracy and completeness
  of the information that you provide us. You further acknowledge that your failure to provide accurate or
  complete information may adversely affect the quality, efficacy or suitability of these Services.
2. You warrant the truth, accuracy, currency, and completeness of any information you provide
  us.
Nutritional Information
Nutritional information provided on our Site and/or provided via our Services is based on
extensive research. However, before relying on any nutritional information on our Site and/or social media,
you should carefully evaluate the accuracy, completeness and relevance of this information. We do not give
any warranty that the information is free from error or suitable for your purposes.
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 demographic, contact, medical history, medication, medical
reporting/imaging, lifestyle. 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/marketing material. You can unsubscribe at any time by clicking ‘unsubscribe’.
User Accounts
We may assign you a username/password and account information in order to enable you to access and
use “Client portal” or shopping area of our Site or Services. Or you may be required 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 authorised to access and use our Site in a manner consistent with this Agreement. We
have no obligation to investigate the authorization or source of any such access or use of our Site or
Services.
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 when purchasing through our Site, all credit card
information may be shared with our third-party payment processors such as Stripe. By purchasing through our
Site, you agree that we may charge you the price listed at the checkout screen. We have no responsibility or
liability for these independent policies of the payment processing companies and Merchants. In addition,
when you make certain purchases through our Site or its Content, you may be subject to the additional terms
and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For
more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s
Website and click on its information links or contact the Merchant directly.
All orders must be pre-paid. Orders will only be sent out or available for download (for
electronic products, such as eBooks) after full payment of the total amount is cleared.
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 advised to you at the time you
apply for the Services, or as otherwise advised to you at the time of purchase from us. 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 for use for purchases via our Site.
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 info@poweredbynutrition.com.au
Bookings, Refunds and Cancellations
Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation to be
eligible for a full refund should you wish to cancel your appointment. If you wish to change your
appointment time, we require a minimum of 48 hours’ notice during business days. Failure to meet this, may
incur 75% of the price of the appointment as cancellation fees.
By clicking “Book Now,” “Buy Now”, “Purchase,” or any other phrase on the purchase button, or
entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you
(“Client”) agree to be provided with products, programs, or services by us, unless a separate Terms of
Purchase Agreement is provided at purchase. No refunds will be given for any products purchased online.
If you (“Client”) purchase any services the Client agrees to pay to Powered By Nutrition the full
purchase amount.
1. Powered By Nutrition does not offer refunds to ensure that clients are fully committed to
  the Consultation/s, Package/s and/or Program/s.
2. Credit Card Authorisation (if applicable for payment plan). Each Party hereto acknowledges
  that Powered By Nutrition will charge the credit card chosen by the Client for the amounts specified. If
  Client selects a payment plan option, Client agrees to pay fees to Powered By Nutrition according to the
  payment schedule set forth on the Site, or otherwise provided to Client, and the payment plan selected
  by Client (the “Fee”).
If you believe any products purchased on or through our Site contain a defect, you must notify us
immediately by emailing us at info@poweredbynutrition.com.au
Specific Warnings
You must not access or use our Site
1. in a way that violates these Terms and Conditions of Use
2. for unlawful activities or purposes in a way that is fraudulent, inaccurate, false,
  misleading or deceptive
3. in a way that violates any applicable law (including, without limitation, applicable
  privacy laws) or
4. in a way that infringes the rights (including our intellectual property rights, as
  described below) of any other person.
For the removal of doubt, we do not accept responsibility for any interference or damage to your
own computer system which arises in connection with your use of our Site or any linked or third-party
website (“Third Party Website”).
Copyright and Intellectual Property
Unless otherwise indicated, copyright and other intellectual property rights in our Site,
services, social media (including name, text, graphics, photographs, logos, icons, domain names, service
marks, information, design, sound recordings, software and other files) and copyright in all electronic
products including eBooks and any other downloadable material is owned or licensed by us. Other than for the
purposes of, and subject to the conditions prescribed under, theCopyright Act 1968(Cth), and except
as expressly authorised by these Terms and Conditions of Use, you may not in any form or by any means:
1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative
  works from any part of our Site or any of our electronic products or downloadable material; or
2. commercialise any information, products or services obtained from any part of our Site or
  any of our electronic products or downloadable material, without our written permission.
All trademarks appearing on our Site belong to their respective owners.
Powered By Nutrition reserves all rights not expressly granted in and to the Service and the Site.
You agree to not engage in the use, copying, or distribution of anything contained within the Site or
Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and
associated 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
theCopyright Act 1968(Cth).
Our Licence Grant to You
We make our Services available to you through our Site. When you use our Services, we grant you a
personal, non-exclusive, revocable, limited licence to use our Services and access our Site. This means you
may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse
engineer, decompile, modify or otherwise attempt to copy our Service.
This licence may be terminated if you violate any provisions listed in these Terms and Conditions
of Use, or ourPrivacy Policy.
Additionally, this license may be terminated if you are engaged in any activities that may damage the rights
of Powered By Nutrition or if your activities are in violation of any applicable laws. If you wish to
terminate this license you should stop using our Service and accessing our Site or notify us.
Use of Our Site: Restricted Use
When using our Site or Services, you are responsible for your use and for any use of our Site or
Services made using your device. You also agree that your use of our Site or 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 authorised by these Terms and Conditions of Use or as
otherwise authorised in writing by us. Unless we agree otherwise in writing, you are provided with access to
our Site only for your personal use. You may not without our written permission on-sell information obtained
from our Site.
You agree:
1. You will not copy, distribute or disclose any part of the Site or the Service in any
  medium, including without limitation by any automated or non-automated “scraping”;
2. You will not attempt to interfere with, compromise the system integrity or security, or
  decipher any transmissions to or from the servers running the Site or Service;
3. You will not take any action that imposes, or may impose at our sole discretion, an
  unreasonable or disproportionately large load on our infrastructure;
4. You will not collect or harvest any personally identifiable information, including account
  names, from the Service;
5. You will not stalk, harass, bully or harm another individual who uses our Site or
  Service;
6. You will not upload, post, transmit or otherwise make available any material that:
  1. is not your original work, or which may infringe the intellectual property or other
    rights of another person;
  2. is, or could reasonably be expected to be, defamatory, obscene, offensive,
    threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including
    material that racially or religiously vilifies, incites violence or hatred, or is likely to
    offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual
    orientation or any physical or mental disability;
  3. includes an image or personal information of another person unless you have their
    consent;
  4. you know or suspect, or should reasonably know or suspect, to be false, misleading
    or deceptive;
  5. contains large amounts of untargeted, unwanted or repetitive content; or
  6. contains financial, legal, medical or other professional advice.
7. You will not use our Site to post any false, misleading, unlawful, defamatory, obscene,
  invasive, threatening, harassing, inflammatory, fraudulent content;
8. You will not cause, or aid in, the destruction, manipulation, removal, disabling, or
  impairment of any portion of our Site
9. You will not upload any content to our Site that includes any third-party intellectual
  property unless you have permission from the owner to use it in the specific manner that you used it.
  If you believe that a user has breached any of the above conditions, please contact us at
  info@poweredbynutrition.com.au
10. We reserve the right to refuse service, block or suspend any user of the website, and to
  modify or remove any material uploaded, posted, transmitted, or otherwise made available on the website
  by any user, without prior notice.
11. We are not responsible for, and accept no liability with respect to, any material uploaded,
  posted, transmitted, or otherwise made available on the website by any person other than us. We do not
  endorse any opinion, advice or statement made by any person other than us.
12. You agree to indemnify us and each of our officers, employees, agents, contractors,
  suppliers and licensors (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 any of these Terms and Conditions of Use,
  or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions
  of Use, on the part of you or any of your Affiliates.
Linked Websites / Third Party Websites
Our Site may contain links to Third Party Websites. Those links are provided for convenience only
and may not remain current or be maintained. We are not responsible for the content or privacy practices
associated with Third Party Websites. Our links with Third Party Websites should not be construed as an
endorsement, approval or recommendation by us of the owners or operators of those Third-Party Websites, or
of any information, graphics, materials, products or services referred to or contained on those Third-Party
Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.
Modification of Service
We reserve the right to alter, update, or remove our Site and/or Services at any time. We may
conduct such for various other reasons at our discretion, and we are not required to explain such
modifications.
Disclaimers
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any
kind, either express or implied, including, any implied warranties with respect to the Services (including
any products listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees
under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, and for
product defects or failures, claims that are due to your use of our Service or products, product misuse,
abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to
your local laws for any such prohibitions.
We make no representation or warranty that the information provided, regardless of its source (the
“Content”), is accurate, complete, reliable, current or error-free. We disclaim all liability for any
inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this website and/or other Content, including but not limited to
blog, email, videos, webinars, live streams, social media posts and/or tele-seminars, you acknowledge that
we cannot guarantee the outcome of services and/or recommendations within the Content and any comments about
the outcome are expressions of opinion only. We cannot make any guarantees other than to deliver
information, education, and services purchased as described.
By participating in/reading our Content, you acknowledge us and our representatives are not
medical doctors, licensed psychologists, or therapists, and the services or information provided here do not
replace the care of medical or other licensed professionals. Any information provided here is in no way to
be construed or substituted as medical advice or psychological counselling or any other type of therapy or
advice.
We may provide information relating to products, but such information is not to be taken as an
endorsement. We may make dietary and/or lifestyle suggestions, but these are wholly your responsibility and
choice on whether to implement such changes. We are not responsible for any adverse effects or consequences
that may result, either directly or indirectly, from any information provided.
We may provide you with third-party recommendations for such services as health, physical therapy,
lifestyle, or other related services. You agree that these are only suggestions, and we will not be held
liable for the services provided by any third-party and we are not responsible for any adverse effects or
consequences that may result, either directly or indirectly, from any information or services provided by a
third-party.
Limitations and Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR
SERVICE. ADDITIONALLY, POWERED BY NUTRITION IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS,
BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO,
ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE,
FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY
OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF POWERED BY NUTRITION HAS BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED
BY LAW. IN NO EVENT SHALL POWERED BY NUTRITION CUMULATIVE LIABILITY TO YOU EXCEED $100.
Indemnity
You agree to defend, indemnify and hold harmless Powered By Nutrition, its directors and
employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from:
1. your use of and access to our Site and Service;
2. your violation of any term or condition of this Agreement;
3. your violation of any term of condition of ourPrivacy Policy;
4. your violation of any third party right, including without limitation any copyright,
  property, or privacy right; or
5. any claim that any of your use caused damage to a third party.
This indemnity will survive this Agreement and your use of our Services. You also agree that you
have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in
such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s
fees, court costs, and disbursements including in relation to the settlement of any claim.
Privacy and Child Protection
We comply with thePrivacy Act 1988(Cth) (“Privacy Act”) and the applicable Privacy
Principles in the Privacy Act when handling personal information, together with theHealth Records Act
2001(VIC) (“HRA”) and the applicable Health Privacy Principles in the HRA when handling
personal information which is health information.
Our Privacy Policy can be
accessed by clicking on
Powered By Nutrition complies with all Australian Child Protection legislation to the extent
applicable.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
Victoria within AUSTRALIA, regardless of the conflict of laws principles thereof.The offer and acceptance of
this contract is deemed to have occurred in Victoria, Australia.
Forum of Dispute
We shall aim to resolve any dispute first by good-faith negotiation between the parties to this
Agreement, within 90 business days of it being brought to our attention.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a
court of competent jurisdiction nearest to the state of Victoria, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we
may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court
costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement
will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs,
and disbursements.
Force Majeure
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.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another
provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had
been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we
shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any
applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any
applicable law should not be construed as our waiver of the right to enforce that same provision under the
same or different circumstances at any time in the future.
Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without
our prior written consent. We may assign our rights and/or obligations under this Agreement to any other
party at our discretion.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this
page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you
do, you must immediately cease using our Site and our Service.
Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send us
e-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For
contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree
that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such communications would satisfy if it were to be in
writing. The foregoing does not affect your statutory rights.
General
1. This Agreement constitutes the whole of the agreement between the parties. It supersedes
  and extinguishes any previous agreement or understanding between the parties about the subject matter of
  this Agreement and any representation or warranty previously given.
2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any
  jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not
  possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or
  severance does not affect the validity and enforceability of the remaining provisions in that
  jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
3. No failure by either party to exercise and no delay in exercising any right under this
  Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in
  writing. Waiver of any particular right does not in any way release the other party from strict
  compliance in the future with the same or any other obligation.
4. The rights and remedies provided in this Agreement are cumulative and do not exclude any
  other rights provided by law.
Contact Information
If you have any questions or concerns about this Agreement, your order or if you have any
questions about our products or Services do not hesitate to contact us. You may contact us by email at info@poweredbynutrition.com.au