Terms & Conditions
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PRIVACY POLICY
LM Nutrition (“we”, “our” and “us”) is committed to protecting your personal information. This Privacy Policy sets out our policies and practices regarding the collection, use and disclosure of personal information that you provide to us and which we collect from you. By accessing or otherwise using the website at https://www.nutrition-by-lynn.com.au (the “Website”), contacting us by email or telephone or acquiring our products or services provided from time to time (together, the “Service”), or engaging with us in any other way, you agree to the terms and conditions set out in this Privacy Policy and consent to the processing of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us.
Please read this Privacy Policy carefully and contact us on the details below, if you have any queries.
By providing your personal information to us, you consent to us collecting, holding, using, and sharing your personal information as outlined in this Privacy Policy.
1. TYPES OF PERSONAL INFORMATION WE COLLECT AND HOLD
1.1 The types of personal information that we may collect includes:
(a) personal details such as name, age, gender, date of birth, current employment status, your occupation, level of education;
(b) contact details such as billing and delivery address, home address, email address, telephone number and other contact details;
(c) health and lifestyle information including previous and current health and medical history, allergies, medications or current treatments, social history, family history and risk factors;
(d) profile data including username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses;
(e) transaction data which may include details about payments to and from you and other details of products and services you have purchased from us;
(f) records of our interactions with you;
(g) if you are an employee or prospective employee, information about your qualifications, skills, and work experience;
(h) if you are a supplier or prospective supplier, information about your business skills, services, products, and prices
(i) your computer and connection information, statistics on page views, traffic to and from and other standard web log information;
(j) marketing and communication preferences;
(k) any other personal information that may be required to facilitate your dealings with us;
(l) any other personal information you may volunteer.
1.2 Wherever lawful and practical, you have the option of not identifying yourself (or using a pseudonym) when dealing with us.
2. HOW WE COLLECT PERSONAL INFORMATION:
2.1 We collect your personal information in several different ways, including by way of:
(a) when you voluntarily acquire our Services;
(b) personal contact with us at a face-to-face meeting or situation;
(c) correspondence, chats, social applications or services, mail, email, or telephone;
(d) when you apply for a job, internship, or other work placement with us;
(e) when you visit our Website;
2.2 Where possible, we will collect your Personal Information directly from you. However, where it is not reasonable or practicable to do so, we may and collect information about you from third parties. For example, personal information may be collected from other sources, such as:
(a) your guardian or responsible person (if under 18); and
(b) other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services;
(c) public sources, or
(d) our service providers, such our booking system and payment provider.
2.3 In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
2.4 If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
2.5 If you do not provide us with personal information when requested to do so, we may not be able to provide our Services to you, carry out your instructions, or otherwise achieve the purpose for which the information has been sought.
2.6 We may hold your personal information in hard copy files and/or electronic files.
2.7 We will destroy or de-identify information where we form the opinion that the information has been provided to us unlawfully or unfairly.
3. WHY WE COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION
3.1 We will use and disclose your personal information only for the purpose (the “primary purpose”) for which you provide it to us, which may include:
(a) to provide you with any goods or services that you may request including enabling you to access and use the Services from time to time;
(b) to contact and communicate with you and otherwise provide customer support;
(c) to maintain a database of customers, subscribers or similar;
(d) for internal administration and operational purposes such as preventing fraud and abuse of our systems and to troubleshoot bugs;
(e) to assist in providing better products and services to you by tailoring the Services to meet your needs;
(f) to consider your employment or contractual engagement application;
(g) to provide you with further information about us or other websites or products or services offered by us or which we consider may be of interest to you;
(h) to carry out marketing, promotional and publicity activities (including direct marketing), market research and surveys;
(i) to keep our Website relevant and of interest to users;
(j) to show you advertising and information that is most relevant to you and your interests;
(k) to allow us to run our business and perform administrative and operational tasks;
(l) to comply with legal and regulatory requirements; and
(m) for any other purpose which is stated to you at the time of collection or that you otherwise authorise.
3.2 When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
3.3 Sensitive information: Sensitive Information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, or health information.
As noted above, due to the nature of our business, we may collect sensitive personal information from you such as your health information. This sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
4. COOKIES
While we do not use browsing information to identify you personally, we may use cookies, web beacons, and other tracking technologies to collect certain information about your use of the Website such as the pages you visit, the date and time of your visit, your IP address, and your interaction with the Website. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
5. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?
5.1 We may disclose your personal information to:
(a) third party contractors engaged to perform functions or provide services relating to the purposes for which we collect personal information. If this is the case, we will do our best to ensure that their privacy policy adheres to similar standards of privacy protection and will request they comply with this Privacy Policy;
(b) third party service providers or affiliates within or outside of Australia and who work on behalf of or with us to provide some of our administrative and other services, such as processing payments (such as credit card payments). We require such service providers to agree not to use such information except as necessary to provide the services to us;
(c) our employees, contractors and/or related entities on a ‘need to know’ basis to continue to provide our products and services to you and to otherwise administer our organisation
(d) professional advisers, dealers, and agents;
(e) any party to whom our assets or business may be transferred or with whom we are merged;
(f) when it is necessary to lessen or prevent a serious threat to a patient’s life, health or safety or public health or safety;
(g) when you are unable to act on your own behalf due to a health condition, we may need to discuss your health information with relatives or emergency contacts, in order that you are provided with appropriate care;
(h) when there is a statutory requirement to share certain personal information (e.g., some diseases require mandatory notification).
5.2 We are committed to ensuring that any personal information we share is complete, accurate, uptodate and relevant.
5.3 We may also disclose your personal information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
5.4 At your request, we will share your personal information with your representative or any person acting on your behalf (for example, financial advisers, lawyers, attorneys, accountants, executors, administrators, trustees or auditors).
6. COMMUNICATIONS AND MARKETING
6.1 We may from time to time use your personal information in order to communicate and market our products and services to you via newsletters, email invitations and updates about our products and/or services, upcoming workshops and events. These communications may be sent in various forms, including without limitation mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. You may opt out of direct marketing at any time by notifying us in writing or by using the opt-out facilities provided in the communication.
6.2 We do not provide your personal information to other organisations for the purposes of direct marketing.
7. HOW WE STORE AND PROTECT YOUR PERSONAL INFORMATION
7.1 We are committed to ensuring the safety and security of your personal information. We will take reasonable technical and organisational precautions to protect your information from misuse interference, loss, unauthorized access, modification, or disclosure. For example:
• we limit access to personal information to a “need-to-know” basis
• we store data securely on cloud servers or other types of networked or electronic storage, with providers who are subject to encryption and data protection policies;
• our devices are protected by password;
• the devices we use to collect, hold, use and disclose personal information contain anti-virus software;
• all conversations involving the discussion of personal information take place in private, where they are unable to be overheard by unauthorised personnel;
7.2 Despite our best efforts to securely store your information, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information.
7.3 If you communicate with us via electronic means such as email, Zoom, Skype, contact forms or social media platforms, we do not have full control over the transmission or storage of any personal information disclosed. By participating in such forms of communication you understand and accept that there is an inherent risk of disclosure or loss of your personal information for which we cannot be held responsible.
7.4 We will destroy or de-identify your personal information when it is no longer needed for the purpose for which it was obtained, except where we have a legal obligation to retain such information, such as your health information. We will never permanently store complete credit card details.
7.5 When you provide us with personal information, that information may be collected, stored, and processed on servers located outside of Australia. As electronic or networked storage can be accessed from various countries via an internet connection it is not always practicable to know in which country your information may be accessed or held.
8. LINKS TO OTHER SITES
8.1 We may provide links on our Website to third party websites, for your information and convenience. Please note we do not have any control over such websites and are therefore not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. We note those websites are not governed by this policy. We encourage you to be safe and make sure you read their privacy policy before giving them your personal information.
9. HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
9.1 We will take reasonable steps to ensure that any personal information we collect is up-to-date, complete relevant and not misleading, and any personal information that we use or disclose is up-to-date, complete, relevant, and not misleading.
9.2 You may contact us using the details set out below to seek any of the following:
(a) Access: You can ask to be provided full information about your personal information that we hold.
(b) Change or correct information: You can also ask us to change or correct any information we hold about you.
(c) Delete your personal information: You can ask us to delete or destroy your personal information. Please note that certain conditions may apply to the exercise of this right. Please note that if we agree to delete your information, due to backups and records of deletions, it may be impossible to completely delete your information, however we will functionally delete the information and not sell, transfer, or use your personal information moving forward.
9.3 We will respond to any request to access information within a reasonable time.
9.4 We will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
9.5 To protect your Personal Information, we may require identification from you before releasing the requested information.
10. COMPLAINTS ABOUT A PRIVACY BREACH
10.1 We take complaints and concerns regarding privacy seriously. You should express any privacy concerns you may have in writing. We will then attempt to resolve it within 30 days.
10.2 If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner (OAIC). Generally, the OAIC will require you to give them time to respond before they will investigate. For further information visit www.oaic.gov.au or call the OAIC on 1300 363 992.
11. USERS OUTSIDE AUSTRALIA
Where you are located outside of Australia, the information we collect may be processed in and transferred between your location and Australia. Australia may not have equivalent data protection laws to those in force in your location.
12. CHANGES TO OUR PRIVACY POLICY
Any changes to this Privacy Policy will be posted onto the Website. Unless stated otherwise, changes will be effective immediately upon being placed onto the Website. Your continued use of the Website means you agree to be bound by the amended Privacy Policy.
13. CONTACT DETAILS
For any questions or notice, please contact us using these details:
Your privacy contact name: Lynn McCardle
Email address: lynn@lm-nutrition.com.au
Phone: 0416 944085
Postal address: 26A Burns Road, Wahroonga NSW 2076
This Privacy Policy was last updated: 14th May 2023.
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TERMS AND CONDITIONS OF SALE
Last updated MAY 2023
These terms and conditions (“Ts&Cs”) are a contract between you and the person identified as “We, us, our” in the Schedule (“we”, “us”, “our”). If you are under the age of 18, a parent or guardian must read and agree to these Ts&Cs for you and a reference to “you” means you and your parent/guardian, as applicable.
These Ts&Cs apply when you buy products and/or services from us. Please read them carefully together with any other rules or guidelines that are posted onto our Website or otherwise notified to you from time to time. These Ts&Cs and the rules/guidelines are together referred to as the “Terms”.
1. YOUR RESPONSIBILITIES
1.1 What you must do: We require you to:
(a) be on time for your consultations;
(b) be courteous and respectful to our practitioners and staff, and clinic guests at all times;
(c) complete any intake and follow up documentation we require and provide accurate and complete information about yourself (or your child if you are a parent or legal guardian completing information on behalf of your child) and update that information as required, in particular ensure you advise us of all current medical conditions, any known allergies, food intolerances, any medications or supplements you are currently taking and any change in dosage during the period you receive products and services from us, if you have recently received a vaccine or booster, if you are vegan or vegetarian (as some products are derived from animal origins), if you are pregnant, breastfeeding or trying to conceive and anything else that may be relevant for us to know when providing Products and Services to you;
(d) comply with any health and safety rules and guidelines required by us from time to time;
(e) deal with us in good faith;
(f) comply with all applicable laws and these Terms.
1.2 Where you are based overseas. Where you are based outside of Australia, it is your responsibility to ensure that the Products and Services ordered by you can be ordered, imported and used in the territory where you are based. We will not be responsible for any orders being confiscated or otherwise not being permitted to be provided to you as a result of the local laws in your area.
1.3 Refusal to service. If you don’t comply with these Terms, we may at our sole discretion, cease providing Products and Services to you.
2. FEES AND PAYMENT TERMS
2.1 Orders subject to availability. All orders placed are subject to our acceptance and product availability. A contract for sale is only formed once we accept your order.
2.2 Orders placed with third party suppliers. We are not responsible for any orders placed with third party suppliers e.g., vital.ly, Ariya, Designs for Health, Nutripath etc. If you purchase from third party suppliers, you agree to comply with any terms and conditions of those parties and the applicable laws.
2.3 Fees. The fees for our Products and Services are as set out on the Website (if applicable) or otherwise provided by us in writing from time to time. All fees are quoted in Australian dollars. Where GST is payable, it will be added to the applicable fee. We reserve the right to change our fees at any time upon notice to you. If you are based outside of Australia, you are responsible for all customs and import taxes and duties imposed on your orders.
2.4 Payment. Our payment terms vary, depending on the Products or Services that your buy. You agree to pay for the Products and Services in accordance with the relevant payment terms notified to you from time to time.
3. WARRANTIES
3.1 Notification of issues with Products. If there are any issues with your order (e.g. shortages, damage or wrong products have been delivered):
(a) Products purchased from us. You must notify us within 7 (seven) days of delivery. You can notify us at the address or by the method set out in the Schedule. Please include (i) proof of purchase; (ii) full details of the issue, and any other relevant documentation reasonably requested by us. If Products need to be returned, you will pay the cost of transport and insurance of the products to and from us.
(b) Products purchased from a third party. You should contact the third party directly.
3.2 No limitation on your statutory rights. Subject to clause 3.4 (Consumer Guarantees), we make no express warranties or representations other than as set out in this clause 3 and we exclude all liability to you. Nothing in the Terms excludes, restricts or modifies any terms, conditions or warranties that are imposed or implied by law. Limitations and exclusions are made only to the extent that we may legally do so.
3.3 Delivery and risk. Delivery of the Products to a carrier is deemed to be delivery of the Products to you. Risk in the Products transfer to you once we deliver the Products to the carrier.
3.4 Consumer guarantees. Our Products and Services come with guarantees that cannot be excluded under the ACL. For major failures, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with the Products. If a failure with the Products or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Products and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Service. The benefits of this warranty are in addition to any rights and remedies available at law. Our liability to you is limited to the options set out in this clause 3.
3.5 Refunds. We will only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully, as refunds are not available if you simply change your mind.
3.6 Warranty. Subject to clauses 3.2 (No limitation on your statutory rights), 3.3 (Consumer guarantees) and 3.7 (Limitation of liability) we warrant that the Services will be free from defects in materials and workmanship under normal use and, in the case of Products, up to the expiry or best before date indicated on such goods (if any) (“Warranty Period”).
3.7 No liability for allergies and reactions. Some of the Products may contain ingredients that are derived directly from nuts or otherwise contain potential allergens or ingredients that you may react to (e.g. gluten, dairy etc). Some herbs or other ingredients may be contraindicated with certain conditions including during pregnancy. It is your responsibility to read through the ingredients list prior to purchase of the Product and to contact us if you are unsure whether a Product is right for you. If you buy a Product and have a reaction to it, please discontinue use and contact us. You agree that we will not be held liable for allergic or adverse reactions and that we do not exchange or refund on the basis of allergic or adverse reactions to Products.
3.8 Limitation of liability. If our Products and Services fail to comply with the warranties set out in this clause 3 and where this is with respect to any goods and a warranty claim is made within the Warranty Period, our liability is limited to (at our sole discretion): (a) in the case of goods, replacing the goods or supplying equivalent goods; (b) in the case of services, supplying the services again or paying the cost of supplying the services again.
3.9 When we will not accept returns. Subject to clause 3.2 (No limitation on your statutory rights), this warranty will not apply and we will not accept goods for return: (i) where the goods have not been stored or used in an appropriate manner; (ii) where the goods have been altered in any way; (iii) where the goods are not in their original condition and packaging; (iv) where you have failed to follow any instructions or guidelines provided by us or on the packaging; (v) if the goods have continued to be used after any defect becomes apparent or would have become apparent to a reasonably prudent user; or (vi) due to any accident or Force Majeure.
3.10 Product descriptions are not warranties. Product descriptions are for the sole purpose of identifying products. They do not constitute a warranty.
3.11 No guarantee of outcomes. Health and wellness results vary depending on your personal health situation, your environment and other factors. Therefore, we do not make any representations or warranties as to results or outcomes (including, for example, cure of a particular disease or resolution of any symptom or condition etc.) as a result of using our Products and Services and/or following our advice or recommendations.
3.12 Consequential Loss. We are not liable for any Consequential Loss suffered by any person.
3.13 Your liability. You agree that if you breach these Terms, or any liabilities are incurred by us arising out of your use of the Products and Services, you will be responsible for the costs and expenses that we and our Associates incur as a result of the breach, including reasonable legal fees (if applicable). Furthermore, we are not liable for any information, on our Website or elsewhere, being inaccurate, incomplete or not up-to-date; any breach by you of these Terms; any misuse of the Products or Services or any breach of other laws by you.
4. INTELLECUAL PROPERTY RIGHTS
4.1 Intellectual Property. Unless otherwise indicated, as between you and us, we own all right, title and interest (including Intellectual Property Rights) in any information provided to you in the delivery of our Products and Services. Your use of our Products and Services, and your submission of personal information to us, including your health information, does not grant or transfer to you any rights in our Products or Services.
5. CONFIDENTIALITY
5.1 Confidentiality. Your use of the Products and Services is for personal purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions of the Products or Services, use the Products or Services for any commercial purposes or for your own financial gain. You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed as confidential by us and you agree to not disclose this information without our permission and written consent (which may be withheld in our absolute discretion). We note, this limitation does not include sharing details of our Products and Services, recommendations or test results with your primary care physician or other relevant healthcare providers, which we recommend that you do.
6. DISPUTE RESOLUTION
6.1 Disputes. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
7. GENERAL
7.1 Disclaimer. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. Any information or guidance provided by us is given within the scope of our expertise and is not intended to be a substitute for the consultation, diagnosis, and/or medical treatment of your doctor. You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of the information or guidance we provide you with. We encourage you to discuss any recommendations or guidance we give you with your doctor and any other healthcare professionals you choose to see for your health. Ultimately you are responsible for any decisions you make regarding your health. We therefore expressly disclaim all responsibility and will have no liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party because of your reliance on any information or guidance we provide you with. If you have any specific questions or concerns about any medical matter, you should consult your doctor as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor.
7.2 Privacy. We collect, hold and store your personal information in accordance with our privacy policy. A copy of our privacy policy can be found on our Website or directly from us.
7.3 Force majeure. Neither Party will be liable to the other for any failure to perform its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including epidemics, pandemic, quarantine, biological contamination, entry and exit restrictions, industrial disputes, strikes, lockouts, lockdowns, acts of god, acts or threats of terrorism or war (“Force Majeure”) provided such failure or delay could not have been prevented by reasonable precautions or could not have reasonably been circumvented by the non-performing Party by means of alternate sources, workarounds or by using its best endeavours. However, the foregoing does not apply if the Force Majeure event is caused by a breach of the Terms by the non-performing Party. If an event of Force Majeure occurs, we may suspend or terminate an order or booking by written notice to you.
7.4 Exclusion of the Vienna Sales Convention. The United Nations Convention on Contracts for the International Sale of Goods concluded in Vienna, Austria on 11 April 1980 does not apply to the Terms or to any individual contract of sale concluded within the framework of the Terms.
7.5 Entire agreement. The Terms contain the entire understanding between the Parties concerning its subject matter and supersedes all prior communications.
7.6 Governing law. These Terms are governed by, and will be construed in accordance with the laws of state or territory listed in the Schedule. The Parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state/territory, and courts hearing appeals from those courts.
8. DEFINITIONS
8.1 Definitions In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth).
Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.
Business Day means a day other than a Saturday, Sunday or a public holiday in the capital city identified in the Schedule.
Consequential Loss means, without limitation, indirect, consequential or remote loss or damage; special, punitive or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.
Consumer has the definition given to it in the ACL.
Corporations Act means the Corporations Act 2001 (Cth).
Fee means the amount payable by you to us for our Products and Services.
Force Majeure has the meaning given in clause 7.1 (Force Majeure).
GST means the Goods and Services Tax as defined under the A New Tax system (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trade marks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.
Minimum Notice means a minimum notice required to cancel a consultation booking, as set out in the Schedule.
Privacy Policy means our privacy policy set out on our Website from time to time.
Products means products made available for purchase by us (whether in our clinic or online) and/or via third party health suppliers such as vital.ly, Oborne Health Supplies, Ariya, Designs for Health, Nutripath:
(a) remedies and treatments which may include practitioner-only supplements, retail supplements or nutraceuticals;
(b) meal plans;
(c) educational products which may include e-books, books, and online courses and programs;
(d) gift cards.
and other associated health and wellness products made available by us from time to time.
Services means any health and wellness services provided by us from time to time including consultations with a practitioner, functional and other health and wellness testing, provision of personalised treatment plans, oral and written advice and recommendations, formulation and provision of personalised remedies, provision of health and wellness related courses and programs.
Warranty Period has the meaning given in clause 3.5 (Warranty).
Website means our website, from time to time.
8.2 Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in Australian currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.
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WEBSITE TERMS OF USE
Last updated MAY 2023
Welcome! These terms and conditions (“Ts&Cs”) are important - please read them carefully before you start using our website (“Website”).
These Ts&Cs, our Privacy Policy and any other rules or guidelines that are posted onto the Website from time to time (together, the “Terms”) are entered into between “you”, the user, and LM Nutrition (“we”, “us”, “our”).
By viewing and using our Website you are considered to agree to these Terms without qualification. If you do not agree with any of the Terms, you must stop accessing and using our Website. We reserve the right to change these Terms at any time by notifying users of the existence of the amended terms and conditions through our Website. By continuing to access our Website, you agree to be bound by the amended terms and conditions.
1. LICENCE TO USE THE SITE
1.1 Our licence to you. We hereby grant you a non-exclusive, non-transferable licence to use the Website in accordance with the Terms.
1.2 Nature of the service. You acknowledge and agree that: (a) we may, at any time in our sole discretion and without prior notice, alter, amend, interrupt, reschedule, modify, or cease the operation of all or any part or any feature of the Website; and (b) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. YOUR RESPONSIBILITIES
2.1 Age. Any persons using this Website for the purpose of purchasing any services or products offered on it at any time must be at least 18 years of age or accompanied by a parent or legal guardian.
2.2 Registration. To purchase products or book services, you may be required to register for an account. Registration is free. By registering on our Website, you consent to receiving marketing, promotional and other material by way of electronic messages from us.
2.3 Your information. When registering for an account, you must use your correct name and information. We will handle all personal information we collect in accordance with our Privacy Policy.
2.4 Your password and login. You are responsible for maintaining the confidentiality of your password and login and you must not share your password or login with any other person. You are responsible for all activities that occur under your password and login. You must not use or attempt to use another person’s password or login to access any part of the Website. You must not transfer your account to another user or maintain more than one account with us without our consent. You must immediately notify us at lynn@lm-nutrition.com.au of any unauthorised use of your password or login or any other breach or suspected breach of security of your account.
2.5 What you must do. In accessing and/or using the Website, you must:
(a) Comply with all applicable laws and you must not use the Website for any purpose that is unlawful or in breach of the Terms;
(b) Not alter or modify any part of the Website;
(c) Not attempt to "hack", decompile, disassemble, or reverse engineer any software deployed in connection with the Website. This includes "phishing", “mining”, accessing "hidden" URLs, trying to guess users’ passwords, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to;
(d) Not knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Website or other disabling feature to the Website, or which is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of any part of the Website;
(e) Not use or launch any automated system, including "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
(f) Not circumvent, disable, or otherwise interfere with security-related features of the Website;
(g) Not alter or remove any copyright statement or other notice of ownership of Intellectual Property Rights which accompany the Website.
2.6 Take your own precautions. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
2.7 Users outside Australia. Our Website is operated by us from Australia. The information on our Website may not be appropriate or available for use in other jurisdictions. If you choose to access our Website from a jurisdiction other than Australia, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
3. WARRANTIES
3.1 Warranty. The Website is provided “as is” and “as available”. To the extent permitted by law we do not warrant that the operation of the Website will be secure, confidential, uninterrupted, or error-free and we exclude all representations and warranties (in each case, whether express or implied) in respect of the completeness, accuracy, reliability, suitability, or availability with respect to the Website and the information contained on any part of the Website for any purpose.
3.2 Exclusion of liability. To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our Website, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including Consequential Loss). If you are a consumer using our Website for non-business activities, then nothing in these terms and conditions is intended to abrogate any rights you might have under Australian Consumer Law (if any).
3.3 Your liability if you breach these Terms. You agree that if you breach these Terms, or any liabilities are incurred arising out of your use of the Website, you will be responsible for the costs and expenses that we and any of our Associates incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent. You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.
4. COPYRIGHT AND TRADEMARKS
4.1 We or our suppliers own copyright in the contents of our Website. No part of our Website may be distributed or copied for any commercial purpose, and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our Website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our Website.
5. COOKIES & LINKING
5.1 Cookies. Our Website may use cookies to monitor browsing preferences. By using our Website, you consent to our use of cookies in accordance with the terms of our Privacy Policy .
5.2 Linking. The contents of our Website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on, or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our Website and you agree to remove or cease any link on our request.
6. INFORMATION AND MATERIAL
6.1 The content on this Website is not comprehensive and is provided for general information and education only. It does not consider your individual or specific needs, objectives or circumstances, and it is not professional advice. You should obtain professional or specialist advice before taking or refraining from any action on the basis of any information on this site Before selecting any product or service or acting on any information contained on our Site, you should consider the appropriateness of the information, product or service, having regard to your personal circumstances, goals and needs.
7. SUSPENSION AND TERMINATION OF USER ACCOUNTS
7.1 Our reserved rights to determine access. We reserve the right, in our sole discretion, to decide whether user activity or behaviour within the Website violates the Terms (including copyright).
7.2 Suspension or termination of your access or account. We may at any time, without prior notice suspend or terminate your access and/or use of all or any part of the Website, and we may suspend or terminate your user account, if, in our sole discretion, we believe that: you have breached these Terms in any way; your access or use of any part of the Website may be directly or indirectly harmful to others or may otherwise violate any laws; we cease to operate the Website, or for any other reason.
7.3 What happens if we suspend or terminate your access? If we suspend or terminate your access or use of the Website, or your account, you are prohibited from continuing to access and use any part of the Website regardless of whether you can continue to do so. In addition, you are not permitted to create, and you must not create any other accounts for access to the Website.
7.4 Inactive accounts. We may also suspend and/or terminate your user account for all or any part of the Website because of your inactivity.
8. GENERAL
8.1 Medical disclaimer. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. Any information on this Website is given within the scope of our expertise and is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor. We expressly disclaim all responsibility and will have no liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party because of your reliance on any information contained on our Website. If you have any specific questions or concerns about any medical matter, you should consult your doctor as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor. You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of the information on our Website.
8.2 Waivers. If a Party does not exercise a right or remedy fully or at a given time, the Party may still exercise it later. A waiver by either Party in respect of a breach of a provision of the Terms by the other Party will not be deemed to be a waiver in respect of any other breach and the failure of a Party to enforce at any time any of the provisions of the Terms will in no way be interpreted as a waiver of such provision.
8.3 Entire agreement. The Terms contain the entire understanding between the Parties concerning our Website.
8.4 Prohibition and enforceability. If any term or provision of the Terms is held illegal, invalid, or unenforceable under any applicable law, that term or provision will be severed, and the remaining terms and conditions will be unaffected.
8.5 Survival. Clauses 3 (Warranties) and 4(Copyright and Trademark) together with any other clauses which contemplate that a Party has any rights or obligations after the Terms expire or terminate, survive the expiry or termination of the Terms.
8.6 Governing law. These Terms are governed by and will be construed in accordance with the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
9. DEFINITIONS
9.1 Definitions In these Terms:
Associate in relation to a Party, means the employees, officers, directors, contractors, and agents of that Party.
Business Day means a day other than a Saturday, Sunday, or a public holiday in New South Wales, Australia.
Consequential Loss means, without limitation, indirect, consequential, or remote loss or damage; special, punitive, or exemplary damages, loss of profit, revenue, business opportunity, goodwill or reputation and any other special loss or damage.
Intellectual Property Rights means all intellectual and industrial property or protected rights, including copyright, moral rights, patents, trademarks, trade names, confidential information, know-how, trade secrets, registered or unregistered designs, database rights and domain names, whether or not any of them is registered and including applications for registration of any such thing now or in the future in force and effect worldwide.
Privacy Policy means our privacy policy from time to time.
Related Body Corporate has the meaning given in the Corporations Act.
Website has the meaning given at the beginning of these Ts & Cs.
9.2 Interpretation. In these Terms, unless the context requires otherwise: (a) a word that is derived from a defined word has a corresponding meaning; (b) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for drafting it; (c) a reference to these Terms or any other agreement includes any variation, novation, supplementation or replacement of it; (d) headings are for convenience only; (e) the phrase include or similar phrases does not limit what else might be included; (f) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it from time to time; (g) a reference to “law” means all laws in force from time to time; (h) a reference to dollars or $ is to an amount in Australian currency; (i) the singular includes the plural and vice versa; (k) “in writing” includes any modes of reproducing words in legible and non-transitory form including by email and other electronic means.
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INFORMED CONSENT & CLIENT AGREEMENT
I request and consent to receive care and treatment by Lynn McCardle (Practitioner) from LM Nutrition (Business) who is a qualified Nutritionist (BHSc Nutrition & Dietetics) under Australian law.
I am aware that the Business takes a holistic approach to wellness and disease and that the Practitioner assesses everyone as a whole and seeks to activate and support the self-healing mechanisms of the body. I understand that the Practitioner is not a medical doctor and that treatment I will receive is not intended to replace orthodox medical care or medical prescriptions.
I understand that different approaches and remedies may be used during my treatment depending on my individual circumstances. These include, but are not limited to: nutritional supplements, practitioner-only supplements, personalised diet and lifestyle prescriptions.
I understand, and am informed, that there are potential risks and benefits to these remedies or treatments including but not limited to those described below:
Possible risks include but are not limited to: inconvenience of lifestyle changes, aggravation of pre-existing symptoms during the healing process; allergic reactions to prescribed remedies, side effects of natural medications such as gastrointestinal disturbance, rashes, headaches, and hypertension.
Potential Benefits include but are not limited to: relief of pain and symptoms of disease; weight loss, restoration of health and the body’s maximum functional capacity, assistance in injury and disease recovery, correction of nutritional deficiencies, and prevention of disease and/or its progression.
I understand the importance of taking my prescribed treatment and remedies according to the prescription and will contact the Practitioner if I have any questions or concerns. If I suffer any allergies, unpleasant symptoms or reactions from the remedies, I will cease taking them and will immediately contact the Practitioner for further instructions.
I do not expect the Practitioner to be able to anticipate and explain all possible risks and complications. I wish to rely on the Practitioner to exercise judgement during the course of treatment, which the Practitioner feels at the time, based upon the facts known, is in my best interests. I understand that results or specific outcomes are not guaranteed.
I agree to inform my Practitioner:
• of any medical conditions or diseases, I have or may be suffering from (including any contagious diseases contractible by blood such as HIV, hepatitis);
• of all supplements and medications that I am taking (including any change in medications or dosages during the treatment period);
• of any vaccinations (including booster vaccinations) I have received in the two weeks prior to initial treatment or at any time during the treatment period;
• of any known or suspected allergies or sensitivities;
• if I am vegan or vegetarian (as I am aware that some supplements may contain animal products);
• if I am, or suspect I am, pregnant, trying to fall pregnant or breastfeeding, as certain treatments may be contraindicated.
I also agree it is my responsibility to inform my GP, pharmacist, counsellor or other health professional of the treatments and remedies I am taking.
I understand and consent to the collection of my personal information (including my health information) by the Practitioner for the purpose of providing treatment, and for other related purposes. I understand the collection, use, storage and disclosure of my personal information will be in accordance with Australian Privacy Laws and the Business’s Privacy Policy available at: https://www.nutrition-by-lynn.com.au/terms-and-conditions. By providing my consent, I am also consenting to the Privacy Policy and collection of my personal information for such purposes.
By voluntarily booking an appointment, I acknowledge that I have read the above, and I have also had the opportunity to ask questions about its content. I acknowledge that this consent form will cover the entire course of treatment for my present