TERMS OF SALE FOR PURCHASES OF GOODS, SERVICES AND DIGITAL CONTENT

 

1. THESE TERMS OF SALE

What these Terms of Sale cover. These are the terms and conditions (“Terms”) on which we supply products to you, whether these are goods, services or digital content (“products”).

By law, the Consumer Rights Laws and Regulations say that we must give you certain information before a legally binding contract between you and us is made. This key information is set out in these Terms and on the sales page on our website for the products you are purchasing. The key information we give you by law forms part of this contract as though it is set out in full here. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

When buying any products from us, you also agree to be legally bound by:

• our Website Terms and Conditions and any documents referred to in them;
• our Privacy Policy and any documents referred to in it.

All of the above documents form part of the contract between us as though set out in full here.

If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are registered in Brisbane, Australia under ACN 667677901, ABN 71667677901 and have our registered office at Suite 5, 12-14 Marine Parade SOUTHPORT QLD 4215

How to contact us. To contact us, please email us at [email protected] or via the Contact page on our website.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

3. OUR CONTRACT WITH YOU

How to make an order from us. Below, we set out how a legally binding contract between you and us is made.

You place an order for products by adding the product to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the product, you must click the “Complete my purchase” button. When you click the “Complete my purchase” button, you understand and agree that you will be charged for the product via the payment details you have provided.

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product, or we will immediately refund you if your payment has been processed. This might be because:

• of unexpected limits on our resources which we could not reasonably plan for;
• we have identified an error in the price or description of the product;
• we are unable to meet a delivery deadline we have specified;
•  the product is unavailable;
•  we cannot authorise your payment;
•  you are not allowed to buy the product from us; or
• we are not allowed to sell the product to you.

 

4. OUR GOODS

Goods may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a two percent (2%) tolerance.

Product packaging may vary. The packaging of the products may vary from that shown in images on our website.

Receiving the services as a gift. If you have received products as a gift and you need to make any changes to the product purchase, please contact us using the contact details at the top of this page. Please note that gift purchases cannot be refunded or exchanged for their monetary value.

 

5. PRICE AND PAYMENT

Where to find the price for the products. The price of the products will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the products advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order. The price of the product is in either Australian dollars ($)(AUD) or US dollars ($USD), and includes GST at the applicable rate for products and excludes GST for dietetic services.

We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the products, we will adjust the rate of GST that you pay, unless you have already paid for the products in full before the change in the rate of GST takes effect.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

When you must pay and how you must pay. We accept payment via bank transfer and Stripe.

When purchasing products, you must pay for them:

• at the time of ordering them, if it is a purchase of physical goods;
• at the time of ordering them, if it is a purchase of one-off services or digital content, or an annual payment for ongoing services or a subscription to receive services or digital products; or
• on the monthly billing date or the annual billing date as advised to you in your Order Confirmation, if it is a purchase of ongoing services or a subscription to receive services or digital products paid for on a monthly or annual basis;
• on the dates advised to you, if it is a purchase of products paid for by way of a payment plan.

By purchasing ongoing services or a subscription to receive services or digital content, you acknowledge and agree to being charged an ongoing recurring monthly fee or an ongoing recurring annual fee depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing monthly fee or annual fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the contract between us.

By purchasing a product on a payment plan, you acknowledge and agree to being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing recurring fee will continue to be deducted, without further consent from you or notice from us, until such time as the payment plan is complete, you or we cancel the contract between us.

Your payment information. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

 

6. OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

Our intellectual property rights in relation to the products. We are the owners or licensees of all intellectual property rights in the website, and the products you purchase, including any databases that hold relevant information about the website or its products. These rights are protected by copyright or trade mark registration and you may only use the products, or any part of them, in accordance with these Terms.

You may not use our products or any part of them to provide nutritional guidance or services to others, whether in a professional, commercial, or informal coaching context, without our express written permission.

 

7. PROVIDING THE PRODUCTS

Delivery costs. The costs of delivery will be as displayed to you on our website.

When we will provide the products. During the order process we will let you know when we will provide the products to you.

If the products are goods. If the products are goods we will post them to you as soon as reasonably possible and in any event within 14 days after the day on which we accept your order. We utilise Australia Post for purchases made within Australia, and USPS for purchases made within the USA and Canada, and details regarding delivery times can be found via their respective websites. Further information regarding the postage of your product is provided in the email sent to you when your purchase in confirmed.

If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described below, or we end the contract by written notice to you as also described below.

We are not responsible for delays outside our control. If our supply or dispatch of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements, or to make changes to the product as requested by you or notified by us to you.

Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.

 

8. YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

1. we have told you about an upcoming change to the product or these Terms which you do not agree to;
2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
5. you have a legal right to end the contract because of something we have done wrong.

Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation.

If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, please contact us to let us know. We require fourteen (14) business days’ notice if you wish to cancel your contract. A refund will not be provided (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

• A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for.
• A contract for services is completed when we have finished providing the services and you have paid for them.

Cancellation of ongoing or subscription services. Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription services, you can cancel your contract at any time using the methods set out below. You must let us know of your intention to cancel the contract at least fourteen (14) days before the next billing date for which you are scheduled to pay the monthly fee or the annual fee for subscription services. If you do not provide us with at least fourteen notice of your intention to cancel your contract, you will be charged the next scheduled monthly fee or annual fee in accordance with these Terms.

Where you have agreed to pay upfront, a monthly fee or an annual fee for once-off purchases, ongoing or subscription services, you will not be entitled to a refund unless one of the reasons set out in the sections (a) to (e) above apply. Cancellation of your contract for once-off purchases, ongoing or subscription services for any other reason will not entitle you to a refund.

Cancellation where a payment plan is in place. Where you have agreed to purchase a product on a payment plan, you will not be entitled to cancel your payment plan for the product, nor receive a refund for your purchase of the product, unless one of the reasons set out in the sections (a) to (e) above apply. For an abundance of caution, you understand and agree that you will be required to complete all the payments of the payment plan, regardless of your desire to cancel your purchase of the product, unless one of the reasons set out in sections (a) to (e) above apply.

 

9. HOW TO END THE CONTRACT WITH US

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

• By email. Copy the form below into an email and send it to us at [email protected] or simply write to us at that email address, including details of what you bought, when you ordered or received it and your name and address.
• By post. Print off the form below and post it to us at the address on the form, or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

You may use the model cancellation form below, but you are not required to:

Cancellation form

To: Dietitian Approved Pty Ltd
PO Box 167, West Ashgrove
Brisbane, QLD 4060

[email protected]

 

I hereby give notice that I cancel my contract of sale of [customer to select: the following physical good[s] / the following digital product[s] / the supply of the following service[s]] [customer to insert description of purchase], ordered on [customer to insert purchase date].

Name of customer: [customer to insert name]

Address of customer: [customer to insert address]

Date: [customer to insert date]

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address advised to you in the Confirmation Email.

When we will pay the costs of return. We will pay the costs of return:

1. if the products are faulty or misdescribed; or
2. if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the products by the method you used for payment.

When your refund will be made. We will make any refunds due to you as soon as possible. Where possible, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

10. OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

1. you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
3. you do not, within a reasonable time, allow us to deliver the products to you.

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven (7) in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your legal rights. Please contact us using the contact details at the top of this page if you believe you have a defective product and you would like to exercise your rights as explained below.

Summary of Consumer Guarantees

This is a summary of the Consumer Guarantees you may be entitled to in relation to your purchase of products from us. These are subject to certain exceptions. For detailed information please visit the Australian Consumer Law website.

If your product is services, the services must be performed with due care and skill, fit for any specified purpose, and carried out within a reasonable time if no timeframe is agreed beforehand.

a)     for minor problems with the service, we may offer to fix the service without charge, or refund your purchase;

b)     for major problems with the service, you may choose to cancel the service and receive a refund for the parts of the service not already provided, or receive compensation for the difference in value.

If your product is physical goods, products must be of acceptable quality, as described, matching any demonstration or model provided, and fit for purpose. During the expected lifespan of your product, you may be entitled to the following:

a)     for minor problems with the product, we may offer to repair the product, replace the product, or refund your purchase;

b)     for major problems with the product, you may choose to reject the product and receive a refund or a replacement.

If you wish to exercise your legal rights to reject defective products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

The information in this box summarises some of your key rights. It is not intended to replace these Terms or any part of them, or the Australian Consumer Law or any part of them.

 

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We provide general nutrition education and information for triathletes. While all content is evidence-based and designed with professional care, it is not a substitute for individual medical advice, diagnosis, or treatment.

To the maximum extent permitted by law, we are not liable for any loss, injury, or damage you may suffer as a result of using or relying on the information provided in our programs, courses, or resources. This includes, but is not limited to, any physical injury, medical condition, or financial loss.

It is your responsibility to ensure that any dietary changes or actions you take based on our materials are suitable for your individual circumstances. We recommend consulting your doctor or a qualified healthcare provider before making significant changes to your nutrition or training.

Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of your legal rights in relation to the products.

We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out below.

We are Accredited Practising Dietitians and provide general sports nutrition education for triathletes. The information in our programs, courses, and resources is intended for general educational purposes only and is not medical advice, nutrition counselling, or a substitute for personalised advice from a healthcare professional.

You acknowledge and agree that all content is provided as general information and is not tailored to your individual needs, medical conditions, or circumstances. You should not rely on any of our materials as a substitute for professional medical advice, diagnosis, or treatment.

We recommend you seek advice from your GP, or other qualified healthcare provider before making any changes to your nutrition, training, supplements, or health-related behaviours. You are solely responsible for any decisions or actions you take based on our content.

We do not accept any liability for injury, illness, or other outcomes that may arise from your use of or reliance on the information provided.

All content provided is for your personal use only. It is strictly prohibited to use any of our materials, frameworks, or teachings for commercial purposes. This includes—but is not limited to—using the content to educate others, deliver advice to clients, or create your own products or services. Triathlon coaches, health professionals, and other third parties may not use our content to deliver nutrition advice without express written permission.

Exposure to breach of Acceptable Use Policy. You understand and agree that you may be exposed to content and materials that violate out Acceptable Use Policy, a copy of which is available on our website, or for any other reason may be inappropriate, offensive or irrelevant to the products. Please note that whilst we take all reasonable precautions to mitigate this risk, we do not guarantee or warrant that the products, or any online space where we make all or part of the products available, will be free from content or materials that violate out Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the products.

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

Nothing in these Terms shall limit or exclude our liability for:

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Subject to the clauses above,

1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under this contract. 

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy, a copy of which is available here: www.dietitianapproved.com/privacy-policy

 

15. OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

16. USE RESTRICTIONS

All products, content, and materials provided by us are intended for personal use only. Any commercial use, reproduction, modification, distribution, or resale is strictly prohibited without our prior written consent.

This includes, but is not limited to:

• Using our content to advise or educate others (e.g. as a coach, health professional, or in any business context).
• Creating your own programs, courses, workshops, or digital content based on or derived from our materials.
• Sharing, distributing, or reproducing our content in any format, including online or printed.

We reserve the right to take legal action to protect our intellectual property.