Terms and Conditions
THIS AGREEMENT is made EFFECTIVE as of DATE OF PURCHASE between VANESSA HUMMEL (“Dietitian”) and YOU (“You” or “Your”) (collectively as the “Parties”) and shall continue for six (6) months.
The Parties have agreed that by You clicking “complete my purchase” or any other phrase on the purchase button, entering Your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, You agree to be provided with the IBS Master Relief Program by Vanessa Hummel, which is fully described below in Terms (the “Services”). The Parties agree to the following:
(a) This Agreement shall be effective as of the date of purchase and shall continue until completion of the Services outlined below.
(b) You will have 6 months (168 days) access to the Services and program materials from the date of purchase.
(c) As part of the Services, Dietitian shall provide You with access to the online course, IBS Master Relief Program, in Kajabi during the Services period.
(i) The Services includes access to the IBS Master Relief Program materials in Kajabi. By participating in the Services, You will be asked to register with the program hosting platform to receive access to the program materials. You shall select a username and password and may be asked to provide further personal information.
(ii) You understand that You will need to complete all the training and download all available material prior to the end of the Services and that access to the IBS Master Relief Program will only occur during the Services time frame agreed to in this Agreement.
(iii) You shall only have one license to access the Services and use the program materials. You understand and agree that the Services materials may not be shared with any third party. In the event the Dietitian suspects that the Services are being shared or that You have shared Your log-in information with another party, the Dietitian reserves the right to immediately terminate Your access to the Services at the sole discretion of the Dietitian.
2. Representations and Warranties. The Parties represent and warrant the following:
(a) Dietitian represents and warrants that:
(i) Dietitian is an Accredited Practising Dietitian (APD) with Dietitians Australia (DA) and is qualified to perform the Services in Australia;
(ii) Dietitian has the full and unrestricted right, power, and authority to enter into this Agreement, perform the Services, and grant the rights granted herein. Dietitian has no other agreements with any other party that would conflict with this Agreement.
(b) You represent and warrant that:
(i) You will provide the information needed by Dietitian to give you access to the Services, as described herein;
(ii) You will supply the Dietitian with full, complete and accurate information;
(iii) You are over the age of 18 years;
(iv) You do not have an active eating disorder, including, but not limited to anorexia nervosa or bulimia nervosa;
(v) You will comply with all reasonable directions and instructions given to You in the Services;
(vi) You understand that the Dietitian is an Australian-based APD and all specific nutrition recommendations will be based on Australian dietary guidelines.
(vii) You have the full and unrestricted right, power, and authority to enter into this Agreement and grant the rights granted herein. You have no other agreements with any other party that would conflict with this Agreement.
3. Changes and Revisions. This Agreement is limited to the Services outlined in Terms. If You request new work or changes that are outside the original scope of the Services, Dietitian will provide an estimate. Additional services may be added and charged based on agreement between Dietitian and You.
4. Compensation and Payment. You shall pay Dietitian the following fee for the Program: $197 AUD plus GST for a total cost of $216.70 AUD. You will not be given access to the Services until the full fee is paid in full.
In the event that the Dietitian incurs legal fees, costs, or disbursements in an effort to collect any invoices from You, in addition to interest on the unpaid balance, You agree to reimburse Dietitian for all such expenses.
5. Expenses. You shall not be liable to Dietitian for expenses paid or incurred by Dietitian, except for those fees that the Parties agree to in writing.
6. Status. The Parties understand and agree that Dietitian is an independent contractor, which may contract with subcontractors for completion of the Services. Neither Dietitian nor Dietitian’s agents shall be entitled to and waive any and all claims to any employee benefits as a result of Your relationship with Dietitian. It is understood by the Parties that the relationship established by this Agreement is one of an independent contractor and not an employment relationship, joint venture, partnership, or otherwise. Dietitian is not authorised to enter contracts or agreements or create obligations on behalf of You to third parties unless otherwise indicated by You, in writing.
7. Termination and Dispute Resolution. This Agreement may not be terminated, postponed, or delayed, in whole or in part, by either Party. In the event of termination, the total cost of the Services is non-refundable and will be retained or paid to the Dietitian by You. The Dietitian does not offer refunds as You are given access to all program materials upon total payment of the program fee.
If a party disputes the termination of this Agreement by the other party, and before the Parties issue any court or tribunal proceedings, the Parties agree to mediate this dispute. A party that requests a mediation will serve a mediation notice on the other party, nominating a date, time and place for the mediation and the name(s) of mediators. The recipient party will have 7 days in which to respond by either agreeing with the particulars of mediation and named mediators or putting forward alternative arrangements and alternative mediation dates. If the parties are unable to reach agreement on a mediator within 14 days from the date of the original mediation notice, the parties agree to approach the President of the Law Institute of Victoria (LIV) to nominate a mediator. The decision of the President of the LIV in that regard will be binding on the parties.
8. Confidentiality. The Parties agree that neither party shall authorise the other to disclose to any third party any confidential information without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order. Confidential Information includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of the Parties. Confidential information is not limited to a specific medium and can be oral, written or physical in format. The confidentiality obligations set forth in this Agreement shall survive 10 years after termination or expiration of the Agreement.
9. Confidentiality of Your Information. Dietitian complies with the Privacy Act 1988 (Cth). Dietitian acknowledges and agrees to protect Your personal information in accordance with the Privacy Act.
10. Intellectual Property - Dietitian Materials. All original materials provided by Dietitian to You are owned by Dietitian. Any original materials are provided for Your individual use only. You are not authorised to use or transfer any of Dietitian’s intellectual property. All intellectual property remains the property of Dietitian. No license to sell or distribute is granted or implied.
11. Copyright. Copyright © Vanessa Hummel, 2021. All rights reserved. Materials in the Services is subject to copyright under Australian law and through international treaties, and applicable law in other countries.
Unless otherwise indicated, we (and/or our third-party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on this website (including Services materials).
All Services materials made available on this website (including course downloads and training videos) may be used by You for educational purposes only. If You have access to these Services materials and use them for non-educational purposes, You could be infringing copyright and may face penalties under the Copyright Act 1968 (Cth) or any of the Dietitians policies that apply to You.
Apart from the uses specified in these terms, Services materials and other content in the Services may not be reproduced for any purposes, including commercial purposes, without prior written permission from Dietitian, except to the extent permitted under the Copyright Act 1968 (Cth).
12. Disclaimer. Dietitian will provide current dietary and nutrition advice and information as part of the Services. Dietitian has made every effort to ensure that all Services have been tested for accuracy. There is no guarantee that You will see positive results using the techniques and materials provided by Dietitian. Dietitian assumes no management responsibility for Your decisions or practices that You implement.
13. Medical Treatment. You understand and agree that Dietitian provides dietary, nutrition, and wellness information and advice. You understand that Dietitian does not provide medical advice, nor can Dietitian prescribe medical treatment. You understand that You must seek medical advice from Your physician or medical provider. You understand that it is Your responsibility to discuss all changes to Your diet or potential dietary supplement use with Your medical provider prior to making any changes.
14. Waiver. You understand that all changes to Your diet, including changes to food or use of dietary supplements, carries a risk. You are doing this at Your own risk. You are engaging Dietitian for Services with full knowledge and acceptance of such risks.
You hereby release Dietitian from any and all responsibility or liability from injuries or damages to Your person resulting from or connected with Your participation in the Services.
15. Limitation of Liability. As for as permitted by law, the Dietitian is not liable to You in any way (whether under Statute, contract, tort, negligence or otherwise) arising under or in connection with the provision of the Services and any other dealings with You.
The Dietitian is not liable for any consequential loss or expense suffered by You however caused, including but not limited to loss of profits, business, revenue, savings, opportunity, reputation, access to markets, publicity or goodwill or any such liability to You, except to the extent of any liability imposed by the Australian Consumer Law.
16. No Warranty. All information is provided "as is" with no warranties.
17. Choice of Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Victoria and the parties agree to be bound by the jurisdiction of the State of Victoria and its courts and tribunals.
18. Assignment. This Agreement shall not be transferred or assigned to any third party, in whole or in part, by You without the express written consent of Dietitian, which may be withheld in Dietitian’s sole discretion.
19. Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing via electronic mail, but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
(a) If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
(b) Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.
(c) Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.
(d) The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The Parties expressly agree that with respect to this Agreement, by ticking the “I have read and agree to the terms and conditions of this page as follows” box and by clicking “complete my purchase” or any other phrase on the purchase button, shall be binding upon the Parties.
(e) This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.