Terms & Conditions
1. Acceptance
(a) This Agreement is between Evidence Based Nutrition Pty Ltd (ABN: 61307619901) (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at ebasednutrition.com (Store) or on our mobile application.
(b) By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:
(1) that you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and
(2) that you have the legal capacity to enter into a legally binding agreement with us;
(c) You must not place an order for Goods, Services or approve any quotes issued unless you are at least 18 years old
2. Account Holders
(a) You may be eligible to create an account in order to purchase Goods or Services from us (Account), which allows you to pay your invoices on a monthly basis. You may purchase Goods or Services from us with, or without, an account.
(b) When you make create an account and/or make a purchase, you may be asked to provide us with basic Account information such as your name, shipping address, billing address and payment details.
(c) You must ensure that any information that you give us when you create an Account with us, including any personal information, is accurate and up-to-date. All personal information that you give to us will be used to manage your Account and will be treated in accordance with applicable law.
(d) You are liable for all activity under your Account, including all purchases made using your Account details.
(e) You may be required to complete a health assessment questionnaire.
3. Orders
(a) You may order Goods or Services from us through our Store, or as set out on the Site (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.
(b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.
(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.
(d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.
(e) When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
(f) If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.
4. Price and payments
(a) You must pay us the purchase price of the Goods or Services that you order, plus any Australian GST and applicable delivery costs as advised by us (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the price of the Goods.
(b) If you do not have an Account with us, you must pay the Price, upfront at the time of purchase or on completion of services rendered, including where the Goods or Services are the subject of an Order placed with
us. Only once the Price has been paid in full will we provide you with the Goods or Services, or will we submit your Order to our suppliers.
(c) If you have an Account with us, we will send you a monthly statement
at the end of each month, in respect of Goods purchased or Services rendered during that month. You agree to pay the monthly statement as per the times, and using the payment method, stipulated in the monthly statement or invoice.
(d) If you fail to pay your invoice in accordance with clause 4(c), we may
suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute, and you must pay any undisputed portion of the invoice as set out in clause 4(c).
(e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly.
(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that
the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(g) Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website (Store)
(h) Should:
(1) You fail to pay any amount when it is due and owing.
(2) You default in the performance of your obligations under these terms and conditions.
(3) You, if an individual, commit an act of bankruptcy. Or, if you are a corporation, becomes subject to external administration or passes a resolution to wind up. Then;
(4) In addition to any other rights we have, you shall be in breach of these terms and conditions, and we shall be entitled to treat the whole of the scope of works repudiated. We may refuse to supply any of
the services to you. We may elect to seek relief through the courts
or through a third-party debt recovery service to recover the money, plus interest and additional costs in accordance with the terms and conditions. You shall pay all our collection costs, including solicitor fees, interest, third party expenses and related costs for outstanding amounts. We will be immediately entitled to, without liability, terminate or suspend the provision of future services, in accordance with these terms and conditions, in the event of default.
5. Availability and cancellation
(a) All Goods and Orders are subject to availability. We do our best to keep products in stock and use reasonable endeavours to source any Orders from our third-party suppliers.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted, including where there is a considerable delay in dispatching your Order, or for any reason we cannot supply the Goods in your Order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your Order. You may choose to receive a refund or a store credit or to place your Order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Goods will be refunded to you. If you choose to place your Order on backorder, we will contact you to arrange delivery or collection once the Goods are available.
6. Delivery, collection, title and risk
(a) Where you request delivery of any Goods, we will deliver the Goods, either ourselves or through our third-party delivery partners, to the delivery address you provide when placing your Order.
(b) Delivery costs will be advised by us when you place your Order and/or included in any applicable quotes.
(c) You acknowledge and accept that any date/time notified by us, or
our delivery partners, for the delivery of the Goods is an estimate only. Delivery of the goods may be subject to, or impacted by, third party providers, including but not limited to our delivery partners and the supplier of the Goods ordered. We accept no liability for any loss, damage or claim made in respect of a delay in the delivery of any Goods which is beyond our reasonable control.
(d) If you need to change the delivery date or delivery address, please notify us immediately in writing.
(e) We may, at our sole discretion, required you to sign for any Goods which are delivered. If we require such signature, and neither you nor your authorised representative is at the delivery address to accept delivery, we may either leave the goods as the delivery address or return the Goods to our Store, and you will need to collect the Goods from our Store, or pay for redelivery of the Goods.
(f) You must ensure that clear, safe access is provided at the delivery address for the Goods, which is free from harm or risk to safety when the Goods are delivered either by us, or our delivery partner. If the party delivering the Goods deems it to be unsafe to deliver the Goods, they may, at their sole discretion, decline to deliver the Goods at that time, and you will need to pay for the redelivery of the Goods when the delivery address has been made safe.
(g) Title to the Goods will remain with us or our supplier until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Goods.
(h) Risk in the Goods will pass to you immediately upon delivery of the Goods to the delivery address. Once risk in the Goods passes, you will be solely responsible for them. It is your responsibility to confirm that the Goods delivered are complete, undamaged or are otherwise supplied in accordance with the Order before you accept delivery of the Goods.
(i) If you are collecting your Goods from our Store, we will contact you
when your Order arrives using the contact details you provided when placing your Order. All Goods must be signed for either by yourself or your authorised representative. If for any reason you or your authorised representative are unable to collect the Order on the nominated collection date, you must contact us to arrange another collection time.
If you do not collect the Goods on the agreed collection date and you have not arranged a new collection date within 14 days of being notified by us that your Order has arrived in the Store, we may at our absolute discretion, either charge a daily storage fee or we will be entitled to assume that you have cancelled your Order and we may resell the Goods to another customer. In respect of any Goods which remain uncollected in accordance with this clause and which we do not normally stock or are Goods which are custom made goods, you acknowledge and accept that you forfeit any payment made towards the Price.
7. Returns
Refund, Hold and Cancellation Policy
(a) We do not offer change of mind returns for our products or services.
(b) It is an 8 week minimum subscription when you join our coaching services. You cannot cancel before the 8 weeks. It is also a 2 week notice to cancel your subscription, please email ebasednutrition@gmail.com to do so. There is no cooling off period, once you join you must commit to the 8 weeks.
(c) At your request with no less than 14 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. You cannot place your Serve Plan on hold during your 8 week minimum term.
(d) Within your first 8 week minimum commitment, you may only upgrade your service plan. You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 14 days’ written notice to ebasednutrition@gmail.com after your 8 week minimum. Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the EBN team. A change of service can be exercised without restriction after the minimum 8 week commitment term.
(e) The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.
Australian Consumer Law
(f) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Our Goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(g) Where you return the Goods to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the Goods to us.
(h) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch new or repaired replacement Goods or refund you the Price of the relevant Goods. Please contact us for further information.
8. Manufacturer’s Warranty
(a) Some Goods may come with a warranty offered by the manufacturer
of those Goods. If a warranty applies, the details of that warranty will
be set out on the packaging of the Goods, inside the packaging of the Goods or on the manufacturer’s website (Manufacturer’s Warranty). If there is a defect in the Goods during the warranty period offered by the manufacturer, the manufacturer may repair or replace the Goods or offer a refund or compensation as applicable to the defect.
(b) If the Manufacturer’s Warranty applies, please contact us with details
of the defect in the Goods, alongside any pictures and additional information which we may request (e.g. proof of purchase), and we will liaise with the manufacturer as to your claim under the Manufacturer’s Warranty. The manufacturer may require you to return the defective Goods directly to them and the costs of the return may need to be borne by you.
(c) You agree that the Manufacturer’s Warranty is offered by the Manufacturer of the Goods, we do not provide any warranty against defects in the Goods, and, to the maximum extent permitted by law, our obligations to you for any defects in the Goods is limited to the remedies you have available under the Australian Consumer law.
9. Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the Goods and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the Goods or Services the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation and/or loss of use, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the Goods, or any injury or loss to any person;
(2) failure or delay in providing the Goods; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Goods or Services.
10. Collection Notice
(a) We collect personal information about you in order to manage your Account, to contact and communicate with you, to respond to your enquiries, to process and dispatch your Orders and for other purposes you give us permission for.
(b) We may disclose that information to third party service providers who help us supply and deliver the Goods or Services to you (including
our delivery companies, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Goods or Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with these Terms.
11. General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when
you submitted your Order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Photographs: If you provide us with photographs of the Goods including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Order.
(k) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at: Evidence Based Nutrition
Email: ebasednutrition@gmail.com
Last update: 22/11/2023