Terms And Conditions
Wholesome By Sarah®
ABN 41 736 306 134
WHOLESOME BY SARAH SITE AND SERVICES: TERMS AND CONDITIONS OF USE
1. Agreement
The following terms and conditions relate to the use of the Wholesome By Sarah website (www.wholesomebysarah.com.au), together with the provision of any associated services or sale of products (including eBooks) (“Site”) (“Services”) (“Terms of Use”). These Terms of Use constitute an agreement between BACHET AND POUND FAMILY TRUST ABN 41 736 306 134 trading as Wholesome By Sarah (“us”, “we”, “our”), the owner and operator of the Site and any Services, and you (“you”, “your” or “user(s)”), a user of the Site and/or Services.
By using the Site or any Services, you agree to be bound by these Terms of Use and our Privacy Policy. We may amend our Terms of Use or Privacy Policy and will notify you if we do so. If you do not agree to the Terms of Use or the Privacy Policy (or any subsequent amendments) you must cease using the Site and Services immediately.
Users of our Site or Services must be 18 years of age or older, and by using the Site or Services you warrant that you are at least 18 years of age.
2. Requirement to obtain Professional Medical Advice
All content on our Site is for informational and educational purposes only. Any statements made on our Site or in our Services are not subject to evaluation by any other agencies. None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions nor to guarantee any particular outcome or results. The products and content found on our Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services. If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services.
You should be in good health and physically fit when using Services, failure to be in good health may result in adverse health consequences. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on our Site.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
Testimonials appearing on our Site may not be indicative of the results you achieve. Results may vary and your experience may not be similar to the experience of other users of our Site.
3. Our Reliance on Your Accuracy of Information
You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You acknowledge that by participating in or otherwise obtaining our Services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Site, or may be risks that are not known to you or are not readily foreseeable at the time of using our Services. This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You assume all risks in connection with your participation in Services or use of our Site. To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill.
You warrant the truth, accuracy, currency and completeness of any information you provide us.
4. Nutritional Information
Nutritional information provided on our Site or in conjunction with our Services is based on research of current, peer-reviewed scientific literature. Before relying on any nutritional information on our Site 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. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach. The nutritional information provided on our site is intended as a guide only and does not serve as dietary advice. It is the user’s responsibility to ensure adequate nutritional intake is appropriate to their needs. Nutritional information, nutrient data and nutritional adequacy may vary its relevancy to the user depending on age, gender and health status. Before relying on any nutritional information on this Site, you should carefully evaluate the accuracy, completeness and relevance of the information found on our Site to your purposes and health particularities and consider the need to obtain appropriate expert advice relevant to your circumstances.
When following recipes from this Site users should adhere to appropriate food hygiene practices.
5. Personal Information
We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details together with certain health information; not limited to your name, age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use, post code and email address. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
By agreeing to our Terms of Use you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at contact@wholesomebysarah.com.au with ‘unsubscribe’ in your email’s subject.
6. User Accounts
We may assign you a username/password and/or account information in order to enable you to access and use certain areas of a Site, or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use that Site in a manner consistent with these Terms of Use. We have no obligation to investigate the authorisation or source of any such access or use of the Site.
You are solely responsible for protecting the security and confidentiality of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Site security you may be aware of. You will be solely responsible for all access to and use of a Site by anyone using your Login whether or not such access to and use of the Site is actually authorized by you.
7. Payment
We use a secure online payment system.
In order to purchase any of our Services you will be required to select one of the payment methods available on our Site which may require you to provide us with your credit or debit card information.
All orders must be pre-paid. Orders will only be sent out or available for download (for electronic products) after full payment of the total amount is cleared.
We do not keep credit card details in our system. These details are sent directly to the payment gateway for immediate processing on the day your order is placed.
We accept payment for orders with Visa, Mastercard and Bank Card. Unfortunately, we do not accept payment via 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.
By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.
The prices for Services provided under these Terms of Use will be as set out on the relevant Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).
Gift certificates are available and expire twelve (12) months following the date of purchase.
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 contact@wholesomebysarah.com.au.
8. Delivery of Goods and Services
Meal Plans and Programs
After processing your payment, you will be provided access to our Program from your chosen start date using the unique username and password you selected at the time of purchase. You will receive 10 weeks access from your chosen start date after that time access will expire. Additional information about our Program can be obtained by emailing us at contact@wholesomebysarah.com.au.
Memberships
After processing your payment, you will be provided access to our Nourish Members portal.
Ongoing use requires an active subscription available on a monthly, quarterly or yearly plan. Weekly subscriptions users are billed weekly, monthly subscription users are billed per month, quarterly subscription users are billed per quarter and yearly subscription users are billed per year. Subscriptions automatically renew, you will be charged through the account details you provided at the checkout. Your account will be charged for renewal at the price listed within 24-hours prior to the end of the current period. You can cancel your subscription by logging in to your ancon and cancelling your membership subscription. Additional information about our Nourish Members site or help with cancellation can be obtained by emailing us at contact@wholesomebysarah.com.au.
eBooks
eBooks are delivered immediately by download via email link, once you have submitted your payment details and we have processed your payment information. If you have any issues with downloading your eBook, please contact us at contact@wholesomebysarah.com.au. eBooks are subject to copyright and for personal use only and are not permitted to be used for commercial purposes.
Nutritional Products
Nutritional products available from our Site are subject to these Terms of Use. We make every effort to ensure our product descriptions are accurate as possible with specifications made on the information provided to us. However should an error occur we reserve the right to correct our description.
Images are for illustrative purposes only and may not be an exact image of the actual product.
Nutritional information and nutritional adequacy may vary between brands.
All Goods and Services available from our Site are subject to consumer protections under the Australian Consumer Law.
Product Availability
Where possible we ensure product availability however due to product demands, Wholesome By Sarah products may not be available at all times. If products are unavailable we will inform you of product availability and projected delivery.
Products purchased from Third Parties via our Site are subject to availability. We cannot guarantee the accuracy or availability of Third Party products.
9. Returns and Refunds
Do you allow refunds and/or a return in the unlikely event stock is incorrect or damaged in transit?
In the unlikely event that you have received a product that has been damaged in transit, or does not match your original order, please contact us within 48 hours on contact@wholesomebysarah.com.au and we will arrange for replacement stock to be sent out. We reserve the right to ask for photographs of the damaged stock to be provided.
Do you allow for refunds or returns for a change of mind?
We do not offer exchanges or refunds for a simple change of mind, please ensure that you are selecting and ordering the correct nutritional products.
My item is incorrect or damaged – how do I return it for an exchange?
To arrange for an exchange simply contact our friendly customer service team within 48 hours of receiving your order please at contact@wholesomebysarah.com.au and we will facilitate the return of your current item, and delivery of the appropriate replacement stock. In the instance that an incorrect product is received please do not open the product so we can arrange return shipping and provide a prompt resolution.
What if my product is faulty?
In the event of any defect with the Services (including any goods) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services in question (where applicable), or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, you must notify us immediately by emailing us at contact@wholesomebysarah.com.au.
10. Shipping of physical products purchased from our Site
Where do you post to? How long does it take you to process an order before it is dispatched?
We currently only ship to street addresses in Australia. Orders are dispatched within 3-5 business days of receiving your confirmed order/payment.
How is shipping calculated? Freight/shipping costs are calculated depending on your postcode and will be provided at the checkout prior to payment.
Where are your packages shipped from?
PO Box 466, Paddington Queensland, Australia
Can I track my order?
Yes, you can track your order of nutritional products using the tracking number you will receive in your order confirmation, which will be emailed to the address associated with your order. Simply click on the link below and enter your specific tracking number. https://auspost.com.au/track/track.html
Can I arrange for the parcel to be left by my front door?
Yes, you are able to arrange for your nutritional products to be left by your front door. However, important to know that by selecting to have your product left unattended you agree to take full responsibility for the wellbeing and security of the product upon delivery.
Unfortunately we do not currently ship to PO Boxes or to addresses outside Australia.
11. Use of Our Services
You are responsible for your use of our Site and Services, and for any use of our Site and Services made using your device(s). You also agree that your use of our Site and Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.
Licence
We make our Services available to you through our Site. When you use our Service (including the downloading of any eBook), we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Site. This means you may not re-sell our Services anywhere else or use for any commercial purpose, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services (“Licence”).
This License may be terminated if you violate any of these Terms of Use or our Privacy Policy.
Additionally, this License may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of the Site or Services are in violation of any applicable laws. If you do not agree to the terms of this Licence you must not use or Site or Services. You may terminate this Licence at any time by notifying us or ceasing to use our Services.
Restrictions on your use of our Site and Services
You agree you will not use our Site or Services to:
• copy, distribute or disclose any part of our Site or Services in any medium, including without limitation by any automated or non-automated “scraping”, unless you have received our prior written permission;
• attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
• take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• collect or harvest any personally identifiable information, including account names, from our Site or Services (including our social media pages);
• engage in any behavior that would reasonably be considered to constitute harassment or bullying of another individual who uses our Site or Services (including our social media pages);
• upload, post, transmit or otherwise make available any material to our Site or social media pages that:
a) is not your original work, or which may infringe the intellectual property or other rights of another person;
b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c) includes an image or personal information of another person unless you have their consent;
d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
e) contains large amounts of untargeted, unwanted or repetitive content; or
f) contains financial, legal, medical or other professional advice.
• impersonate any person or entity or misrepresent your affiliation with a person or entity;
• violate any requirements, procedures, policies or regulations of networks connected to our Site or Services
• Interfere with or disrupt the Site or Service;
• hack, spam or phish us or other users;
• use our Site or social media pages to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine; nor
• upload any content to our Site or social media pages that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
You agree to provide truthful and accurate content.
If you believe that a user has breached any of the above conditions, please contact us at contact@wholesomebysarah.com.au.
We reserve the right to refuse service, block or suspend any user of our Site or Services or social media pages, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site or our social media pages by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other negligent or wrongful act or omission in relation to the subject matter of these Terms of Use.
12. Service Changes and Availability
We reserve the right to alter, update, or remove any of our Services at any time. We may modify our Services for any security reason, in our discretion. We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
13. Intellectual Property Rights
The design of our Site and Service along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under law. “Wholesome By Sarah” is a registered trademark, all rights reserved. We reserve all rights not expressly granted under these Terms of Use in and to the Site and Services. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Services unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material on a Site and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
You agree that the copyright in all eBooks vests in us and that your use of any eBooks downloaded from our Site is subject to the Licence rights granted to you in these Terms of Use.
If you wish to feature or reproduce any of our recipes or images, or for commercial use, publication and general distribution you should contact us for permission first at contact@wholesomebysarah.com.au.
14. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the Site or use any data mining robots or other extraction tools in relation to the Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.
Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to website operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Websites, or in respect of the owner or operator of a Third Party Websites or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
15. Disclaimers
Your use of our Site and Services is at your own risk. The information, materials, products and services provided on or through our Site and Services are provided “as is” and to the fullest extent permissible by applicable law, we hereby 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 Site. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our service, for product defects or failures, 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 Site or Service will work as advertised, or that they will give you the desired results.
By accessing our Site or using our Services, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site or using our Services, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again, in accordance with our obligations under the Australian Consumer Law.
16. Limitation of Liability
Other than to the extent prohibited by applicable law including Australian Consumer Law, we do 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 Site or Services. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site 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 Site or Services, any Third Party Websites linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site.
In the event of any problem with the products or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site are contingent on your agreement with this and all other sections of these Terms of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site or Services within the last six months, whichever is greater.
17. Indemnity
You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Site or Services by you or your officers, employees, agents, contractors or consultants.
18. Privacy and Child Protection
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Queensland Health Quality and Complaints Commission Act 2006 (Qld) (“Health Act”) and the applicable Health Privacy Principles in the Health Act when handling personal information which is health information.
Our Privacy Policy can be accessed by clicking on this link.
Wholesome By Sarah complies with all Australian Child Protection legislation to the extent applicable.
19. Miscellaneous
Variation and Waiver
A provision of or a right created by these Terms of Use cannot be waived except in writing signed by the party granting the waiver. We reserve the right to amend these Terms of Use at any time.
Approvals and Consents
Where any provision of these Terms of Use provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms of Use expressly provide otherwise.
Entire Agreement
The agreement contained in these Terms of Use contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the us and you with respect to the subject matter of these Terms of Use.
Relationship of Parties
Nothing in this these Terms of Use creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.
Governing Law and Jurisdiction
The agreement contained in these Terms of Use is governed by and construed in all respects in accordance with the laws of the State of Queensland, Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of the said State of Queensland.
Assignment
You must not novate, assign or subcontract the agreement contained in these Terms of Use or any of its obligations herein without our prior written consent.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.
20. Legal Notice Amendments
Wholesome By Sarah reserves the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these terms and conditions and new additional information.
