Terms & Conditions
1. About the Website
1.1. Welcome to www.thenutritioncircle.com.au (Website). The Website provides you with an opportunity to browse and purchase services and online programs that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by The Nutrition Circle Pty Ltd (abn: 71620501751) t/a Carla Johnson (Carla Johnson). Access to and use of the Website, or any of its associated Services, are provided by Carla Johnson. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. Carla Johnson reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Carla Johnson updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Purchase of Services
3.1. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the product or service purchased (Purchase Price).
3.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
3.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
3.4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.5 Following payment of the Purchase Price being confirmed by Carla Johnson, you will be issued with a receipt to confirm that the payment has been received and Carla Johnson may record your purchase details for future.
3.6. In the event that any payment under these Terms is not made in full on the due date, Carla Johnson is entitled to charge you interest at the rate of 5% per annum, calculated daily.
3.7. You agree that if you default on any payments due and payable under this agreement, including any payment due under a payment plan, all amounts outstanding as at the date of default will become due and payable immediately and any costs incurred by Carla Johnson for steps taken to enforce payment terms will be recoverable and payable by you.
4. Cancellation and Termination
4.1 General Cancellation
(a) You must notify Carla Johnson of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following cancellation policy (Cancellation Policy).
(b) With the exception of the Money Back Guarantee set out at clause 5, the Services are non-refundable. This means that if you wish to terminate the Services early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.
(c) For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Carla Johnson reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services will be revoked.
(d) Carla Johnson may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
(e) Carla Johnson reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days notice by e-mail.
(f) If Carla Johnson terminates the Services, you agree to pay Carla Johnson for the portion of the Services completed up to the date and time of termination.
4.2. Cancellation and Rescheduling of one-on-one sessions
(a) Both Parties agree to reschedule any one-on-one sessions in writing, subject to availability.
(b) Carla Johnson understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
5. Money Back Guarantee
5.1. Carla Johnson wants You to be satisfied with Your purchase, but Carla Johnson also wants You to give Your best effort to apply the course content . Carla Johnson provides a 14 day money back guarantee for the Course. That money back guarantee is governed by the following terms.
5.2. In order to qualify for a refund You must submit proof that You completed the following:
One-on-one pre Course call;
Pre Course forms;
Modules 1 and 2 and the associated worksheets;
Attended week 1 and week 2 group coaching sessions.
5.3. If, after completing the above, You decide Your purchase was not the right decision, You may contact Carla Johnson by email at [email protected] and advise You would like a refund within 14 days after the Commencement Date (that is, by 5.00pm AEDT on 29 November 2022) (‘Refund Period’). You must include Your completed work with Your request for a refund, as outlined above. If You request a refund and do not include Your completed work by the end of the Refund Period, You will not be granted a refund.
5.4. Carla Johnson will NOT provide refunds for any request for a refund that comes more than 14 days after the Commencement Date. After the Refund Period, all payments are non-refundable and You are responsible for full payment of the fees for the program regardless of whether You complete the program.
5.5. If You are granted a refund under this Money Back Guarantee policy, Carla Johnson will promptly terminate any and all licenses granted to You for the use of the Course material made available to You under these Terms. You agree that You will cease using any of the material supplied by Carla Johnson, including immediately deleting any Course material you have downloaded including video recordings, audio recordings, forms, templates, or other material of any kind whatsoever.
6. Delivery of Services and License Information
6.1. Each purchase of the Services grants you access to the program through the Kajabi Membership Portal or other membership portal utilised from time to time and made available to you (Membership Portal).
6.2 When you purchase a course as part of the Service, Carla Johnson grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
6.3. The Licence is valid for the term of the Services (Licence Term). This means the Services will be viewable via the download link for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services.
6.4. The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.
7. Copyright and Intellectual Property Rights
7.1 Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Carla Johnson or under Carla Johnson 's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Carla Johnson, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 6.1(a) have been produced by Carla Johnson as part of the Services, Carla Johnson grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(c) There is no assignment of Intellectual Property Rights by Carla Johnson to you pursuant to these Terms.
(d) Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.
7.2 Indemnification
You hereby indemnify and agree to keep indemnified Carla Johnson against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
8. Group Coaching
8.1. As a participant in a group Course (Participant), you expressly agree that you will not, through any means:
harm, harass, hassle or abuse other participants; or
send un-welcomed communication such as spam to other participants; or
act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
infringe the intellectual property or privacy rights of any participant or any third-party.
Carla Johnson, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the Services.
Carla Johnson retains the right to deny you access to the Services at any time for breach of these Terms
9. Warranty
9.1. Carla Johnson will use its best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Carla Johnson makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
9.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Carla Johnson, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Services Disclaimer
10.1. You are solely responsible for creating and implementing your own personal, fitness, medical, nutritional, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Carla Johnson. As such, you agree that Carla Johnson is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Carla Johnson.
10.2. You understand that in order to enhance the relationship and sessions with Carla Johnson, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
11. Information Disclaimer
11.1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, any podcast, blog or on any other related platform do not constitute medical, dietitian, nutritional, professional or other advice, and are provided for general information and guidance purposes only.
11.2. All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, any podcast, blog, or on any other related platform. Carla Johnson does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
11.3. To the extent permissible by law, Carla Johnson will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform.
12. Copyright and Intellectual Property
12.1. You acknowledge that the Website, the Purchase Services, Carla Johnson’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Carla Johnson or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (Content).
12.2. You hereby indemnify and agrees to keep indemnified Carla Johnson against all liability, losses or expenses incurred by Carla Johnson in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Carla Johnson or any third party by you or your agents.
12.3 You may not, without the prior written permission of Carla Johnson and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12.4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Carla Johnson, Carla Johnson grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
13. Privacy
Carla Johnson takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Carla Johnson’s Privacy Policy.
14. General Disclaimer
14.1.You acknowledge that Carla Johnson does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
14.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Carla Johnson will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.4. Use of the Website, the Purchase Services, and any of the Services of Carla Johnson is at your own risk. Everything on the Website, the Purchase Services, and the Services of Carla Johnson, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Carla Johnson make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Carla Johnson) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(d) the Content or operation in respect to links that are provided for your convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15. User Generated Content
15.1. If you choose to contribute any content to the Website or any other platform operated by Carla Johnson, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
15.2. By contributing content to the Website, you grant Carla Johnson a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Carla Johnson.
15.3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Carla Johnson can use that information with your User Content for advertising and promotional purposes, or any other business purpose
15.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Carla Johnson social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Carla Johnson. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
15.5. Please ensure you keep your own copies of Your Content as Carla Johnson may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
15.6. Carla Johnson will endeavour to provide you with an appropriate credit when using Your Content on Carla Johnson platforms, though you understand and agree this may not always be possible.
15.7. Carla Johnson reserves the right to remove Your Content at any time. Your Content must not be malicious, defamatory, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
16. Mailing List and Registration
16.1. You will be given the option to register for Carla Johnson’s Mailing List (Mailing List).
16.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
16.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Carla Johnson.
17. Limitation of Liability
17.1. Carla Johnson's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Carla Johnson is the resupply of information or Purchase Services to you.
17.2. You expressly understand and agree that Carla Johnson, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17.3.Carla Johnson is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Carla Johnson, by third parties or by any of the Purchase Services offered by Carla Johnson.
18. Indemnity
18.1. You agree to indemnify Carla Johnson, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
19. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
20. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
22. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.