Welcome to our website www.bewellfed.com.au (website). This website is owned by Be Well Fed (ABN 20128166571), trading as Be Well Fed (“we”, “us”, “our”). By accessing this website, you agree to be bound by the following terms and conditions (Terms).
Your use of this website constitutes acceptance of our Terms.
1. ONLINE BOOKINGS FOR SERVICES
1.1 Services: Online bookings are available for nutrition and dietary consultations including our hands-on coaching packages. If you have any questions or concerns please text or call us on 0421 788 116. Leave a messages if we miss your call!
1.2 Pricing: you agree to pay the fee that is published on our website at the time of making your booking. Some services including the hands-on coaching packages and Skype consultations require a deposit to book.
1.3 GST: All prices for services are in Australian Dollars and include GST if applicable.
1.4 Cancellations: Bookings can only be altered or cancelled by telephone or email during business hours on 0421 788 116. We require 24 hours notice for appointment changes or cancellations. If less than 24 hours notice is given, we will charge you, and you agree to pay a $45 fee (Cancellation Fee). You acknowledge and agree that the Cancellation Fee represents a reasonable price representing the opportunity we would have had to offer this consultation time to another person. Please refer to our cancellation policy for further detail.
1.5 Refunds for Services: Unless required by law, we do not provide refunds for services that have been provided to you. If you are unsatisfied with the service you have received, please contact us to provide your feedback.
1.6 Risk: You are solely responsible for determining whether the services provided to you are suitable for you.
1.7 Refusal: During the course of providing our services to you, we reserve the right to refuse any request that we deem inappropriate, unreasonable, illegal or unethical or not evidence based.
1.8 Availability of Services: At times individual consultation availability may be limited or unavailable. If we are otherwise unable to fulfill all or part of your online service purchase, we will refund you the price paid for the particular service.
1.9 Pricing: When you place an order, we will charge you and you agree to pay the price stated on the website.
1.10 Price Alterations: We reserve the right to change or alter prices without notice to you.
1.11 Payment Method: Payment may be made either by way of credit card or PayPal online or via HICAPS instore.
2. GENERAL TERMS
2.1 Amendments to Terms: These Terms, including our prices and payment methods, may be amended from time to time at our discretion and your continued use of this website will be deemed acceptance of the revised Terms and content. We will do our very best to keep you informed on our website. The best way to stay up to date is subscribing at www.bewellfed.com.au.
2.2 Warranties: In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL). Nothing in these Terms purports to modify or exclude the conditions, warranties, undertakings and other legal rights contained in the ACL. Subject to the ACL, this website is provided on an “as is” basis without warranties of any kind, either express or
implied and we make no warranties or representations as to the information, software or materials available on this website.
2.3 Social Media: We own the content on our various social media pages, including Facebook, Instagram and the Be Well Fed Bite Size blog. You acknowledge and agree that if you use these interactive pages, you will also be subject to Facebook’s and Instagram’s terms and conditions. If you post any content to any of our social media pages, you must not post or upload any comment, content or link which: does not comply with these Terms (including content which is defamatory, indecent or inflammatory or constitutes harassment or bullying); restricts or inhibits anyone else from using and enjoying our social media pages; impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; interferes with or disrupts any servers or networks used to provide the social media pages, or disobeys any requirements, procedures, policies or regulations of the networks we use to provide them; instigates or encourages others to commit illegal activities or causes injury or property damage to any person; or gathers, for marketing purposes, any email addresses or personal information that has been provided by others on our social media pages. We may not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by anyone on our social media pages.
2.4 Third Party Content: We do not undertake to review any messages, information or content posted by others on our social media pages (Third Party Content) and we disclaim all liability in relation to such Third Party Content to the extent permissible by law. We reserve the right to monitor, alter, edit, refuse to post or remove any Third Party Content, in whole or in part, for any reason whatsoever, at our sole discretion.
2.5 Liability: To the maximum extent permitted by law, we will not be liable for any loss you (or anyone else) suffer as a result of using this website or any of its information and content, including the transmission of computer viruses or otherwise.
2.6 Disclaimer: You agree that any information, insights or guidance contained on our website or on our social media pages, is not to be used or relied on for any diagnostic or treatment purposes. Use of our website or social media pages does not establish a practitioner-client relationship. The content of this website, and on any of our social media pages is intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional advice based on your personal circumstances.
2.7 Copyright: The material provided on this website is copyright protected. You may only use this material for your own private and non-commercial purposes. The material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without our prior written approval. The software used on this website is owned by our software suppliers or us and is protected by Australian and international copyright laws.
2.9 Indemnity: You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and
expenses, including costs of litigation and legal costs, resulting directly or indirectly from: any information that is not accurate, up to date or complete or is misleading or a misrepresentation; any breach of these Terms; and any misuse of our services, this website or our social media pages from or by you, your employees, contractors or agents.
COLLECTION OF PERSONAL INFORMATION
Generally speaking, we collect your personal information directly from you as part of providing you with our services or when you purchase products offered on this website. The type of information we collect may include:
o your name;
o your contact details including email address, address and telephone number;
o your demographic information such as postcode;
o your preferences and opinions;
o any other information requested on this website or otherwise requested by us or provided by you; and
o your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
USE OF PERSONAL INFORMATION
We collect and use your personal information for purposes including:
o to contact and communicate with you;
o for internal record keeping;
o for market research and business development including website development;
o marketing, including direct marketing; and
o to run competitions or offer additional benefits to you. Your personal information will not be passed on to any third party. From time to time we will use your email address to send out newsletters to you containing useful information to help you get the most out of our services, however, if you do not wish to receive such emails, you are able to unsubscribe at any time.
Any cookies used by this website are only used for the purpose of tracking navigation through the site. No personally identifiable information is collected or linked to such cookies.
All of your personal information, including name, addresses and contact details, stored by us are kept separate from the cookies referred to above.
DISCLOSURE OF PERSONAL INFORMATION
Generally speaking, we will disclose your personal information for the purposes for which we collect it. Typically, it is only for the purpose of providing you with our services (a list of the services we provide are available on our website). In addition, we may disclose personal information:
o for the purpose of providing information, products, services or marketing to customers;
o to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
o to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise
or defend our legal rights; and
o to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we would seek to maintain confidentiality. Your continued use of this website or of our services is taken as your consent to disclosure in these circumstances.
YOUR RIGHTS AND CONTROLLING PERSONAL INFORMATION
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act. An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances as set out in the Privacy Act.
Correction: If you believe that any information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email at email@example.com. We rely upon you advising us when your personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us by email to firstname.lastname@example.org