Purchase Terms and Conditions

MELANIE McGRICE

Purchase Terms and Conditions

Thank You for choosing Melanie McGrice!

These Terms and Conditions govern your purchase.

By clicking “accept” You agree to these Terms and Conditions.

 

  1. Purchase Services
    • The Website, www.melaniemcgrice.com.au is operated by Nutrition Plus Enterprises Pty Ltd (ACN: 135 478 974) t/as Melanie McGrice of Suite 1004, Level 10, 1 Queens Road, Melbourne VIC 3004 (‘Melanie McGrice’).
    • Access to and use of the Website, or any of its associated products or services is provided by Melanie McGrice.
    • The Website provides you with an opportunity to browse and purchase online courses (the ‘Courses’) and Eproducts (‘Eproducts’) (collectively the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
    • You have agreed to purchase a Product through the Website (‘Product’).
    • These Terms and Conditions (‘Terms’) are to be read in conjunction with the payment page (‘Payment Page’) and Product information page (‘Information Page’) of the Website.
  2. Acceptance of the Terms
    • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Melanie McGrice in the user interface.
  1. Personal Information
    • When purchasing the Product, you will be required to provide personal information such as your full name, password and e-mail address.
    • You agree that all details that you have provided in completing the purchase are true and correct.
    • Your personal information is kept in accordance with the Melanie McGrice Privacy Policy (‘Privacy Policy’) which can be accessed via the Website.
  1. Purchase of Products
    • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Product.
    • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
    • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    • Following payment of the Purchase Price being confirmed by Melanie McGrice, you will be issued with a receipt to confirm that the payment has been received and Melanie McGrice may record your purchase details for future use.
    • You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
    • If applicable, unless otherwise stated, all amounts are listed in Australian Dollars (AUD). Amounts are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
  2. Refunds and Returns
    • Courses
      • You must notify Melanie McGrice of an intention to cancel your involvement in a Course as soon as practicable through e-mail to reception@nutritionplus.com.au and abide by the following (‘Cancellation Policy’).
      • Unless stated otherwise, the Courses are non-refundable. This means that if you wish to terminate a Course, early, all unpaid amounts of the Purchase Price are non-refundable.
      • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate a Course early, Melanie McGrice reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course will be revoked.
      • In the event that any payment is not made in full on the due date, Melanie McGrice is entitled to charge you interest at the rate of 5% per annum, calculated daily.
      • You agree that if you default on any payments due and payable under the Terms, any costs incurred by Melanie McGrice for steps taken to enforce payment terms will be recoverable and payable by you.
      • Melanie McGrice will only provide you with a refund of the Purchase Price in the event that Melanie McGrice is unable to continue to provide the Course (the ‘Refund‘).
    • Eproducts
      • Melanie McGrice does not provide change of mind refunds. Please keep this in mind when making a purchase.
  1. Course Delivery and Licence Information
    • Each purchase of a Course grants to you access to the program through the platform provided (the ‘Membership Portal’).
    • When you purchase a Course, Melanie McGrice grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable licence to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
    • The Licence is valid for the term of the Course only (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire, and you will no longer be able to access the Course.
    • The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
  1. Delivery of Eproducts
    • Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact reception@nutritionplus.com.au.
    • Melanie McGrice will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
  2. Warranty
    • Eproducts
      • Melanie McGrice’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
      • If you have received an Eproduct that you believe is faulty or defective, please contact reception@nutritionplus.com.au with photographic proof.
    • Courses
      • Melanie McGrice will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Melanie McGrice makes no warranty that the Courses will meet your requirements or that all clients will achieve the same results.
      • The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Melanie McGrice, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
  1. Products Disclaimer
    • Melanie McGrice does not guarantee specific results or experiences through the use of the Products. You agree that when you purchase a Product, including participation in an Online Course, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Melanie McGrice’s relationship with you, its educational materials and interactions with you. As such, you agree that Melanie McGrice is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
    • You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
    • You agree to release and discharge Melanie McGrice from and against all claims arising out of or in connection with provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Product from Melanie McGrice.
  1. Liability
    • Melanie McGrice’s total liability arising out of or in connection with the Courses or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of a Course to You.
  1. Copyright and Intellectual Property Rights
    • Intellectual Property Rights
      • You agree that any works, documentation, materials, Course content or content of the Products, creative works or information of whatever nature produced or developed by Melanie McGrice or under Melanie McGrice’s direction pursuant to or in the course of providing the Products will remain the sole and complete property of Melanie McGrice, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
      • There is no assignment of Intellectual Property Rights by Melanie McGrice to You pursuant to these Terms.
      • Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
    • Indemnification
      • You hereby indemnify and agree to keep indemnified Melanie McGrice against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
  1. Mailing List and SMS List Registration
    • You will be given the option to register for the Melanie McGrice Mailing List (the ‘Mailing List‘) and SMS List (the ‘SMS List’).
    • As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Name and address
      • Mobile phone number
    • If you choose to register for the mailing list and SMS List, you agree to receive promotional material, updates and other content from Melanie McGrice.
  2. Governing Law & Jurisdiction
    • These Terms are governed by the laws of Victoria, Australia.
    • In the event of any dispute arising out of or in relation to the Purchase Services or the Courses, Melanie McGrice agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
  3. Severance
    • Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
  1. Marketing
    • You agree that any testimonials that may be provided by You from time to time may be used by Melanie McGrice for marketing purposes.
  1. Entire Agreement and Modifications
    • Both You and Melanie McGrice confirm and acknowledge that these Terms, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between You and Melanie McGrice and shall supersede and override all previous communications, either oral or written, between the parties