Terms and Conditions
23 November 2023
Website Terms and Conditions
THIS SITE IS INTENDED FOR USE BY RESIDENTS OF AUSTRALIA ONLY
This www.nimblenutrition.com.au website (“the site”, “Website” or “this site”) is operated by Nimble Nutrition Pty Limited ABN 93 815 105 996 ("Nimble Nutrition" or “us”). The following Terms and Conditions specify the terms of the agreement between you, the person viewing the site (“you”) and Nimble Nutrition, for your use of this site. Access to and use of this site is subject to these Terms and Conditions and all applicable laws. By viewing this site, you agree to be bound by these Terms and Conditions.
This site is provided by Nimble Nutrition for the benefit of, and is intended to be viewed by, users within Australia only. If you are viewing this site on a computer outside Australia, you agree: a) that you are solely responsible for complying with the laws applicable in your jurisdiction; b) Nimble Nutrition has no liability to you whatsoever with respect to your use of this site; and c) you indemnify Nimble Nutrition, its subsidiaries, affiliates, licensors, employees and agents against any liability it may have to any third party for any reason whatsoever arising out of your use of this site.
Nimble Nutrition may at any time change these Terms and Conditions. We encourage you to periodically visit this page whenever you visit our Website. Your continued use of this Website constitutes your agreement to these Terms and Conditions and any updates or variations.
If you access or use the Website, you warrant that you are over 18 years old and accept these Terms and Conditions. If you are not over 18 years of age, one of your parents or your legal guardian must have given you their permission to use the Website and has read and accepts these Terms and Conditions for you.
Your Use of the Website
You may browse this site for personal entertainment and information. However, you must not reproduce, copy, distribute, modify, transmit, republish or revise the contents of this site without written permission of Nimble Nutrition, other than for your own personal use. Use of information contained on the website is at your own risk and Nimble Nutrition is not responsible for any adverse consequences arising out of such use. The material provided on this site has not been prepared by taking into account the particular objectives, situations or needs of any individual users.
Neither title nor intellectual property rights are transferred to you or any third party through use of or access to this site. All rights, title, and interest in and to all aspects of this Website remain the sole property of Nimble Nutrition or its affiliated companies. Copyright in this site (including, but not limited to, text, user interfaces, visual interfaces, graphics, illustrations, photographs, logos, software and other related materials, such as the “look and feel” of the Website) is owned or controlled by us or licensed to us.
Information and Materials on the Website
We will always try to make sure that the information contained on this site is true and up to date. However, you agree you view this Website at solely your own risk and you should always make sure that you check any information for yourself or, if you are under 18 years of age, with one of your parents or legal guardian.
We, Nimble Nutrition offer a coaching service to as per content on this website. Memberships can be purchased by contacting nimblenutrition@outlook.com . All programs are managed and paid directly to Courtney Anderson, Nimble Nutrition Founder via PAY ID or direct bank transfer. All programs have a 4 week minimum commitment.
Payment
Payments will begin at your designated start date, the date you purchase your program via bank transfer. Membership to Nimble Nutrition for your program length is an ongoing agreement. We will assume your payment method is correct and will continue to bill fees and charges relating to your membership through your nominated payment method. If any membership fees billed to your account are not processed for any reason outside the invoice due date, we will suspend your membership until payment is made. Under extenuating circumstances, repeated failed payments will be referred to third party collections.
Minimum Term, Cancellations & Holds
All programs have a 4 week minimum commitment. In the event you are to terminate your program before the agreed term, we do not offer refunds or credits for unused membership periods, accidental purchases, medical conditions or any similar reason or event, unless required by law to do so.
If you are dissatisfied for any reason with our service, please contact our team.
We do not pause programs. If for some reason you wish to make alterations to your program, please contact our team to discuss your options.
Text, Graphics, Images, Logos etc on the Website
Names, logos and trade marks appearing in this site may be pending or registered trade marks where indicated. You must not use any Nimble Nutrition trade marks, whether registered or unregistered, without the prior express written consent of Nimble Nutrition.
Liability
Relevant laws, including the Competition and Consumer Act 2010 (Cth), may imply certain warranties and conditions in respect of your use of this site, and nothing in these Terms and Conditions excludes any such non excludable warranty or condition.
Except as set out above, Nimble Nutrition makes no warranties or representations about the accuracy or completeness of the content of this site or any site(s) linked to this site. Any claims made on this site relate solely to the products or services sold or provided by Nimble Nutrition. Neither Nimble Nutrition nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of: (a) the ability (or inability) to access this site; (b) the use (or inability to use) any content of this site; or (c) or the content of any site(s) linked to this site. In addition, Nimble Nutrition does not warrant that this site or the server that makes it available are free of viruses or other harmful components. You (and not Nimble Nutrition) assume the entire cost of all necessary servicing, repair, or correction.
Submissions
You may only submit information to us via our contact details listed in website or otherwise on this site in compliance with the following conditions:
You are not under the age of 18 years;
You represent that, to the best of your knowledge, any idea, suggestion, concept, question, opinion, invention, information, graphics or materials ("Submission") that you submit is your own original work, created by you and that no other person has an interest or claim in that Submission;
You acknowledge that we are not receiving your Submission in confidence and that no confidential relationship is created between you and us at any time. We do not undertake to maintain in secrecy any Submission;
You irrevocably grant to us, free of charge, a non-exclusive perpetual worldwide licence to use all intellectual property rights (including without limitation copyright) in the Submission for an unlimited period of time and you consent, in respect of any Submission, to us doing any act(s) which may otherwise constitute an infringement of your moral rights;
You consent to us using, free of charge, your Submission for any purpose that we deem fit, including, without limitation, future marketing or promotional purposes, product development, publishing the Submission in any media or posting it on the site (such as in any future FAQ section). If we publish your Submission or post it on the site, we will, to protect your privacy, de-identify it and will not publish your name with the Submission (or other details that would allow people to identify you as the author of the Submission), unless we expressly obtain your consent to do so. However, if you post any material on the Website directly, whether by way of blog or otherwise, and you include details that would allow other people to identify you, such information may appear and we take no responsibility in that regard;
You consent to us adapting, modifying, changing your Submission without notice to you and without seeking your further permission;
We are not in any way obliged to adopt, post or answer your Submission or deal with your Submission in any way. In particular, we reserve the right, at our sole discretion, not to respond to any Submissions that in our view are inappropriate, offensive or otherwise not in keeping with the spirit of the site. We will not respond to any Submission which has been submitted by an individual under the age of 18 years; and
You agree to defend, indemnify and hold harmless Nimble Nutrition and its affiliates against any claims, liabilities, costs and damages arising out of or related to any Submissions that you submit on or through the Website.
Intellectual Property Rights
You grant to Nimble Nutrition an irrevocable, perpetual, worldwide, non-exclusive licence to use and exploit all intellectual property rights (including without limitation, copyright) in any communication or material you post or transmit to this site over the Internet (“your material”). With respect to moral rights as defined in Part IX of the Copyright Act 1968, You consent to Nimble Nutrition doing (or omitting to do) all acts in respect of your material that may otherwise constitute an infringement of your moral rights in your material.
For the avoidance of doubt, Nimble Nutrition or any of its affiliates may use your material for any purpose, including reproduction, transmission, publication, broadcast, communication to the public and posting. Nimble Nutrition is under no obligation to respond to messages posted to this site, nor do we need to provide any compensation to you or any other person for any use of your material. You will not post or transmit any unlawful, threatening, defamatory, obscene, pornographic, indecent or profane material, or material that infringes the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, or material that is or could be misleading or deceptive, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation.
Privacy
Nimble Nutrition will comply with its obligations under the Privacy Act 1988 (Cth) and will act in accordance with its Privacy Policy located on nimblenutrition.com.au .
