Terms & Conditions – Eat Sustainably

Thank you for visiting Eat Sustainably. This website is owned and operated by Eat Sustainably Pty Ltd (ACN 656 231 364) (Eat Sustainably, we, us, our).

Use of this website is subject to these Terms & Conditions and our Privacy Policy which you can access here (together, our Terms). Please read these Terms carefully as they apply to your usage of our website, entry into subscription services, sale of products and services from the website and the provision of any associated services (including access to our Facebook Community) (together, the Services).

Eat Sustainably reserves the right to review and modify the Terms at any time with or without notice. If you do not understand these Terms or you require assistance, please contact us by email at info@eatsustainably.com.au.

By using the website, you agree to be bound by these Terms as amended from time to time.

1. Accuracy of information

Nutritional information provided by our website or in conjunction with our Services is based on research of current, peer-reviewed scientific literature. Before relying on any nutritional information on our website or obtained through our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities and obtain appropriate expert advice relevant to your circumstances where necessary.

All information on the website and associated Services is provided for informational and educational purposes only and should not be relied upon to any extent beyond that implied by the law. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of the information. In addition, no representation or warranty is made that the information will meet your specific health and medical requirements. The information and content provided on our website and associated Services are not intended as a substitute for the advice provided by your physician or other healthcare professional. As with any physical activity or dietary program, it is important that before beginning any fitness or dietary regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

Information provided on our website is of a general nature and you understand and accept that it is your responsibility to undertake further independent research and seek independent professional advice for your specific circumstances.

2. Reviews

Our intention is to provide you with an unbiased professional opinion. Opinions expressed on our website or in conjunction with our Services are entirely ours and are not influenced in any way, except as set out in this clause 2.

Generally, we review products and or services that we seek out, however we may receive products and/or services to either review or use as part of our Services. We will disclose in the relevant publication on our website when we have received a product or service to review or use.

3. Subscriptions

Ongoing use of our Services requires an active subscription available on a monthly, quarterly or yearly plan to be paid upfront (Subscription). Monthly Subscription members are billed per month, quarterly Subscription members are billed per quarter and yearly Subscription members are billed per year (Payment Date).

Subscriptions will automatically renew, and you will be charged through the account details you provided at the checkout. You will be charged for renewal at the price listed within 24-hours prior to the end of the current period. Your Subscription cannot be put on hold, but you may cancel at any time with no obligations in accordance with clause 10 (and choose to sign back up at a later date).

Eat Sustainably reserves the right to change fees and charges at any time without notice. Please check our website for updated fees and charges.

After processing your payment in accordance with clause 7, you will be provided access to our Services.

4. Member Accounts

We may, from time to time, assign you a username/password and/or account information in order to enable you to access and use our Services or require you to set up your own account access using a username/password chosen by you (Member Login). Each time you use your Member Login, you will be deemed to be authorised to access and use our Services in a manner consistent with these Terms. We have no obligation to investigate the authorisation or source of any such access or use of our Services.

Only users who are eligible to use our website or Services may so do. You are solely responsible for protecting the security and confidentiality of your Member Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of website security you may be aware of. You will be solely responsible for all access to and use of the Services by anyone using your Member Login whether or not such access to and use of the Services is actually authorised by you.

We reserve the right to terminate access for any user at any time.

5. Facebook Community

As part of your Subscription, you will receive an invite to join Eat Sustainably’s Facebook Community (Facebook Community). The purpose of this Facebook Community is to share information related to the Services with you and to encourage discussion on issues and questions which may arise in relation to our content.

We reserve the right to monitor and administer the Facebook Community and, in our sole discretion, remove any content posted to the Facebook Community. We also reserve the right to disallow the use of any particular screen name or e-mail address, or to terminate any user's posting privileges at any time, including individual and group postings.

Users must also comply with the terms identified in the Facebook Terms of Service and Community Standards found at:

https://www.facebook.com/legal/terms & https://transparency.fb.com/en-gb/policies/community-standards/?source=https%3A%2F%2Fwww.facebook.com%2Fcommunitystandards%2F.

6. Orders

When you place an order using our website, you make an offer to purchase the selected product from us in accordance with these Terms.

Unless you cancel your order, your order is accepted and the contract for the supply of the products completed when an email is sent from us (or our authorised agent) confirming the goods have been dispatched and handed over to the designated carrier.

We do not guarantee that all products displayed on or mentioned on our website are available at the time to purchase. If an ordered product is not available, we will provide you with a refund of the purchase price and the delivery charges.

We reserve the right to reject your offer at any time at our discretion, including:

1. in the event that we are unable to obtain authorisation for payment;
2. if the products are unavailable; or
3. if you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms.

7. Payment Terms

Payment of the Subscription fees is subject to these Terms.

All payments will be transacted via our third-party payment provider (such as Stripe or any other payment process used by Eat Sustainably) (Payment Processor) and we accept payment by PayPal account, Visa, Mastercard and American Express.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

You agree that we may charge you the price listed at the checkout screen on our website, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time. All orders must be pre-paid. Orders will only be dispatched or available for download after full payment of the total amount is cleared.

It is your responsibility to ensure that on each Payment Date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your credit or debit card payment decline on the Payment Date, we reserve the right to continue attempts to process your payment. We will attempt to process the declined amount every second day (day 3, day 5, day 7). If payment declines your subscription will be cancelled immediately and we will deny you access to our Services. You will need to resubscribe for your account to be reactivated. We reserve the right to charge an administration fee of $10 per month for each declined payment.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

Any concerns regarding payment should be made to us at info@eatsustainably.com.au.

8. Delivery and Shipping

We ship orders to street addresses in Australia and internationally. Orders are dispatched within 5 business days of receiving your confirmed order / payment.

Shipping costs are calculated depending on your postcode and will be provided at the checkout prior to payment.

You can track your order using the tracking details you will receive in your order confirmation, which will be emailed to the address associated with your order.

It is your responsibility to ensure the correct delivery address details are provided to us.

9. Exchange of products

We offer exchange for change of mind provided the product returned to us within 7 days of delivery and is in the original packaging and in a saleable condition. You are responsible for the shipping costs and any associated delivery charges to our business postal address.

10. Refunds and Cancellation

Subscriptions

Due to the digital nature of the Services, refunds are not available for any purchase or download unless there is a breach of the Australian Competition and Consumer Act 2010 (Cth).

You may opt to cancel your Subscription to our Services at any time and for any reason prior to the Payment Date.

You can cancel your Subscription by logging in to your member account and cancelling your Subscription or by cancelling your payment of the Subscription fee through the Payment Processor. Additional information about our website or assistance with cancellation can be obtained by emailing us at admin@eatsustainably.com.au.

You will be charged on the Payment Date until you manually cancel your Subscription. Once your membership is deactivated, you will no longer have access to any Services (including, but not limited to, the content within our website, discount codes, and our Facebook Community).

Products

In the event of any defect with the products that you have purchased on or through our website, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the product in question (where applicable), or refund to the value of the product(s).

If you believe any of the products purchased on or through our website contain a defect, you must notify us immediately by emailing us at info@eatsustainably.com.au.

11. Availability of Services

We reserve the right to alter, update, or remove any of our Services at any time. We may modify our Services for any reason, in our discretion. We do not guarantee that our website and Services will always be available, work or be accessible at any particular time.

12. External hyperlinks

We are happy for you to hyperlink to this website; however, we reserve the right to revoke this permission and or deny any person, entity or organisation howsoever defined, permission to link to this website.

All hyperlinks to this website must point to the full HTML version of this website.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

13. Intellectual property

The content on our website or associated Services (including the Facebook Community) and any attaching intellectual property rights belong to Eat Sustainably, or to someone who has given us permission to use it.

The Eat Sustainably logo and name is an unregistered trademark and cannot be used without our prior written consent.

All website content, including but not limited to text, graphics, logos, photographs, audio and video clips and data compilations is the exclusive property of Eat Sustainably or its content suppliers and is protected by Australian and International copyright laws. The expression of all content on this website is exclusive property of Eat Sustainably and is protected by Australian and International copyright laws.

You agree that you will not reproduce, distribute, publish, republish, print, post on any social media site, modify or otherwise deal with any content, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our Intellectual Property Rights.

To avoid doubt, you must seek our written permission prior to publication of any aspect of our website.

14. Unacceptable activity

All communication engaged in, and information collected through our web chat services or Facebook Community are subject to our Privacy Policy as amended from time to time.

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:

1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
2. any act that is deceptive or fraudulent;
3. using our Services to defame or libel us, our employees or other individuals;
4. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
5. posting or transmitting to our Services any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

In respect of the Facebook Community, the following rules and restrictions on submissions apply:

• users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Community (Submissions). Inappropriate Submissions would include, for example, comments or materials that:
  1. make false or defamatory statements about others;
  2. are obscene, vulgar, abusive, hateful or threatening;
  3. harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;
  4. are invasive of the privacy rights of others (e.g., by including addresses, phone numbers or other personal information about third persons without their consent.)
  5. Submissions may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
  6. Submissions may not contain unauthorised disclosures of proprietary or confidential information.
  7. Users may not use the Facebook Community to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
  8. Users may not use or attempt to use the Facebook Community for commercial purposes. Submissions may not include advertisements for products or services, solicitations, "spam", chain letters, surveys, pyramid schemes or the like.
  9. Submissions may not include false or misleading representations of affiliation with any other person or entity. A User may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
  10. We believe that anonymous postings are neither necessary for purposes of this forum, nor consistent with the professional level of dialogue expected. Therefore, each user's name (which must be provided) will be posted with the Submission. To the extent that a group of individuals wishes to participate in discussions in the Facebook Community, the group name shall be identified in connection with the posting. It is not necessary, however, to identify each individual member of the group associated with the group posting, apart from identification of individuals in the attribution of quotes made in a posting.

If we allow you to post any information to our Facebook Community or Services we have the right to take down this information at our sole discretion and without notice.

If you believe that a member has engaged in any of the above activities, please contact us at info@eatsustainably.com.au.

15. Disclaimers

Your use of our Services is at your own risk. The information, materials, products and services provided on or through our Services are provided “as is” and to the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through our website. Except for the purposes of any Australian Consumer Law, we expressly disclaim all liability for our Services, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

We cannot guarantee that any products found on our website or Services will work as advertised, or that they will give you the desired results.

16. Limitation of liability

Your use of our Services is at your own risk.

To the maximum extent permitted by law, including the Australian Consumer Law, Eat Sustainably does not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our website or Services. In no event will Eat Sustainably, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our website or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Services, any third party websites linked to our website or Services (including the materials, information or services contained on such website) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Services or any content, you agree that your sole remedy is to cease using the relevant Services. In the event of any problem with the products or Services you have purchased through our website, your remedies will be as prescribed by the Australian Consumer Law.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

You agree to indemnify, defend and hold Eat Sustainably (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim or demand, made by any third-party due to or arising out of breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

17. General

These Terms are subject to the laws of Western Australia and of the Commonwealth of Australia as applicable in Western Australia irrespective of where the product, service or subscription plan is delivered and used. You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in the State of Western Australia for any legal proceeding arising in connection with the Terms.

If any part of these Terms becomes unenforceable, that part is, or will be, severed from the Terms so that all the remaining parts remain in full force and effect and are unaffected by that severance.

All prices displayed on the website or quoted by an authorised representative of Eat Sustainably are in Australian Dollars and are inclusive of GST, unless otherwise stated.

The agreement contained in these Terms contains all of the terms, conditions, representations and warranties in connection with the agreement reached between Eat Sustainably and you with respect to the subject matter of these Terms.