PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE
INTRODUCTION
For the purposes of these Terms and Conditions of use, “Us”, “Our” and “We” refers to Parkinson Diet and “You” and “Your” refers to You, the client, visitor, website user or person using the website. “Services” includes any online materials, consulting, coaching, programs, online courses, sessions, email correspondence, products and all goods and services that may be accessed on or through parkinsondiet.com (“Website”).
Welcome to Our Website. If You continue to browse and use Our Website You are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy and Website Disclaimer, govern Our relationship with You in relation to Your use of Our Website and Services. By using Our Website and Services, You signify Your acceptance of these Terms and Conditions of use.
Our Website and Services have been created by an Accredited Practising Dietitian and certified Nutritionist. Although We do not actively block or monitor visitors from other countries, Our Website and Services are directed only at visitors from Australia.
You must be over 18 years of age to use Our Website and to engage or use any of our Services or have Your authorised parent or legal guardian act on Your behalf.
NO MEDICAL OR PERSONAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
On Our Website and Services, We may give You advice, recommendations, information, instructions or assistance in relation to Parkinson’s disease in writing, verbally or in another format, believing it to be accurate, appropriate and reliable at the time but We do not give any warranty of accuracy, appropriateness or reliability. The information, advice and instruction We give are general in nature and are not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. Information is not intended to or take the place of proper medical advice from Your doctor or suitable medical professional. You should seek appropriate professional or medical advice suitable for Your personal circumstances.
You are responsible for consulting Your doctor or suitable medical professional before using or acting on any of the information, recommendations or materials contained on Our Website and Services, before commencing any new regimes, trying any treatment, technique or taking any course of action that may directly or indirectly affect Your health or well-being. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and You agree and acknowledge that any reliance on any information, discussions or recommendations made on Our Website and Services, is done at Your own risk. You take full responsibility and risk for making any decision based on information on Our Website and Services. You hereby agree to irrevocably release and waive any claims You may have now or in the future against Us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on Our Website and Services and all such liabilities are expressly disclaimed.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information provided by Us.
If at any time You experience an adverse health reaction You should seek professional medical attention immediately. Do not rely on Our Website and Services for assistance regarding Your immediate, urgent medical needs. Our Website and Services are not designed to facilitate medical emergencies.
Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to Our Website and Services or the information, products, services, or related graphics contained on it for any purpose. In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of Our Website and Services.
Where possible, information provided on Our Website and Services is supported by external research. We don’t give any warranty of accuracy, appropriateness or reliability for third-party content. You should make Your own enquiries into any research referenced on Our Website and Services. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of Your or any other person’s reliance on information or advice We provide on Our Website and Services, unless otherwise required by law.
Our Website and Services may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of Our Website and Services at any time, but We have no obligation to update any information on Our Website and Services. You agree that it is Your responsibility to monitor changes to Our Website and Services.
While we endeavour to provide accurate and current information on Our Website and Services, there may be information that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on Our Website and Services is inaccurate at any time without prior notice.
Parkinson Diet does not make any guarantee that You will accomplish Your health and/or wellness goals by accessing Our Website and Services. Your results may vary depending upon a variety of factors unique to You.
Whilst we have exercised due care in ensuring the accuracy of the material contained on Our Website and Services, the information is not specific, nor does it take into account Your personal circumstances. Parkinson’s disease presents differently in each person, so not everyone will have the same symptoms or progression. There are many symptoms that come with Parkinson’s disease and how each individual experiences these symptoms are different. For this reason, not all foods and fluids suggested on Our Website and Services will be appropriate for every individual who has Parkinson’s disease. Information on Our Website and Services is intended as general information only. You should consult Your doctor or suitable medical professional for your individualised requirements. One example of this is people with Parkinson’s disease who have difficulty swallowing (dysphagia). Swallowing is a complex process and treatment of dysphagia is not one-size fits all. You should consult Your doctor, a Speech Pathologist, and a Dietitian for specific advice on swallowing and diet that is tailored to Your specific needs.
PAYMENT
You agree to pay Us the price listed to purchase Our Services. You acknowledge and agree that Your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle Us to terminate this Agreement immediately.
By submitting payment information to Us, You represent and agree that: (i) You are fully authorised to use that card or account; (ii) all payment information provided is complete and accurate; (iii) You will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay Us the amount(s) due.
Prices for Our Services will be as outlined on Our Website. All prices are listed in Australian Dollars (AUD) 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”). We may vary Our prices from time to time. You agree and acknowledge that We may do so at any time on notice, and that such notice is given by Us posting the updated price on Our Website.
If a request for payment is returned or denied by Your financial institution or is unpaid by You for any other reason, then You will be liable for any associated costs incurred by Us, including banking fees and charges. We are not responsible for any fees or charges that Your bank or credit card issuer may apply.
If a payment due to Us is not made for any reason, this amounts to a breach of this Agreement, which will entitle Us to suspend or limit Your access to Our Services until the payment is made and/or to terminate this Agreement immediately on notice to You.
In making a payment, You warrant to Us that You have read and agreed to the terms and conditions and privacy policy of any third-party payment gateway or processor. We are not responsible for any issues, loss or damage arising out of those facilities. If You have an issue with a third-party provider, please contact them directly.
ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify Our acceptance of Your order. We reserve the right to accept or deny Your order for any reason. In the event We deny Your order, You will receive a refund to Your original form of payment. You understand and agree that We will not be liable for any losses or damages that may result from Our refusal to provide You any product or Service. We reserve the right to require additional information before processing any order.
REFUNDS
Under Australian Consumer Law, You are entitled to a repair, replacement, or refund if a product is faulty, doesn’t match its description, or is not fit for purpose. You must carefully choose which Service You wish to purchase as You are not entitled to a refund or exchange under the law if You simply change Your mind.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), parkinsondiet.com’s liability for any breach of a term of these Terms and Conditions is limited to: the supplying of goods or Services to You again; the replacement of the goods; or the payment of the cost of having the goods or Services supplied to You again.
It is an essential pre-condition to You using Our Website and Services that You agree and accept that We are not legally responsible for any loss or damage You might suffer related to Your use of Our Website and Services, whether from errors or from omissions in our documents or information, any Services We may offer or from any other use of Our Website. This includes Your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on Our Website and Services is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, Services or information available through Our Website meet Your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Although We do not actively block or monitor visitors from other countries, Our Website and Services are directed only at visitors from Australia.
You must be over 18 years of age to use Our Website and to engage or use any of our Services or have Your authorised parent or legal guardian act on Your behalf.
LINKS TO OTHER WEBSITES
We may, from time to time provide on Our Website, links to other websites, advertisements, resources and general information on those websites for Your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Us and the owners of those websites. We take no responsibility for any of the content found on the linked websites. Our Website and Services may contain information or advertisements provided by third parties for which We accept no responsibility whatsoever for any information or advice provided to You directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do We take any responsibility for any advice received in this regard.
From time to time, We participates in affiliate marketing and may allow affiliate links to be included on some of Our Website. This means that We may earn a commission if/when You click on or make purchases via affiliate links. We will inform You when one of the links constitutes an affiliate link.
As a policy We will only affiliate with products, services, coaches, consultants, and other experts that We believe will provide value to You. You recognise that it remains Your personal responsibility to investigate whether any affiliate offers are right for and will benefit You. You will not rely on any recommendation, reference, or information provided by Us but will instead conduct Your own investigation and will rely upon Your investigation to decide whether to purchase the affiliate product or service.
SOCIAL MEDIA
This section applies to everyone who interacts with Our social media accounts, including comment sections, feeds, and other elements of social media viewable on Facebook, Instagram, Pinterest, LinkedIn, or any of the many other available external third-party social media platforms We may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by Us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Us, and We have no obligation to monitor or remove user comments. If You see an offensive or inappropriate post or comment on our Social Media accounts, You should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
GENERAL
To the fullest extent permitted by law, We absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that Our Website or Services will be free of errors, or that defects will be corrected, or that Our Website or its server is free of viruses or any other harmful components. Whilst We, at all times endeavour to have the most accurate, reliable and up- to-date information on Our Website and Services, We do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on Our Website and Services or as to their correctness, suitability, accuracy, reliability, or otherwise. Some of the above may not apply to You but You must ensure You are aware of any risk You may be taking by using Our Website or any products or Services that may be offered through it. It is Your responsibility to do so.
YOUR PRIVACY
We are at all times committed to protecting Your privacy. We use the information We collect about You to maximise our Website and Services that We provide to You. We respect the privacy and confidentiality of the information provided by You and adheres to the Australian Privacy Principles.
Please read our separate Privacy Policy carefully.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to Us. Accordingly, any information which You transmit to Us is transmitted at Your own risk. Nevertheless, once We receive your transmission, We will take reasonable steps to preserve the security of such information. You acknowledge sole reasonability for and assume all risks arising from Your use of Our Website.
You may change Your details at any time by advising Us in writing via email at info@parkinsondiet.com
Third Parties
We do not and will not sell or deal in personal information. We may however use in a general sense without any reference to Your name, Your information to create marketing statistics, identify user demands and to assist in meeting Your needs generally. In addition, We may use the information that You provide to improve Our Website and Services but not for any other use.
Disclose Your Information
We may be required, in certain circumstances, to disclose information in good faith and where We are required to do so in the following circumstances: by law or by any court; to enforce the Terms of any of our Agreements; or to protect the rights, property or safety of You or third parties.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Our Website and Services contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on Our Website or Services for the purposes of sale or the use by any third party. In particular You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on Our Website. We expressly reserve all copyright and trademark in all documents, information and materials on Our Website and Services and We reserve the right to take action against You if You breach any of these Terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for Your personal and non-commercial use only; and You may copy the content to individual third parties for their personal use, but only if You acknowledge Our Website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may You transmit it or store it in any other website or other form of electronic retrieval system.
TRADEMARKS
The trademarks, service marks and logos (“Trademarks”) used and displayed on Our Website and Services are registered or unregistered Trademarks of Parkinson Diet. Nothing on Our Website and Services shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Parkinson Diet or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on Our Website without the prior written consent of Us. We prohibit the use of any Parkinson Diet logo and Trademark as a “hot” link to any website site unless establishment of such link is approved in advance by Us in writing.
EXCLUSION OF COMPETITORS
If You are in the business of creating similar website content or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then You are a competitor of Us. We expressly exclude and do not permit You to use or access Our Website and Services, to download any documents or information from Our Website and Services or obtain any such documents or information through a third party. If You breach this term, then We will hold You fully responsible for any loss that We may sustain and further hold You accountable for all profits that You might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to Our Website, Services or information in Our sole discretion.
ELECTRONIC COMMUNICATIONS
You agree that We may communicate electronically with You and that such communications, as well as notices, disclosures, agreements, and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
WHOLE AGREEMENT
These Terms and Conditions represent the whole agreement (“Agreement”) between You and Us concerning Your use and access to Our Website and Your use and access to the information and Services on it. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and Conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this Agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and Conditions.
AMENDMENT OF TERMS AND CONDITIONS
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions regularly prior to using Our Website and Services to ensure You are aware of any changes. We will endeavour to highlight any significant or substantive changes to You where possible. If You choose to use Our Website and Services, then We will regard that use as conclusive evidence of Your Agreement and acceptance that these Terms and Conditions govern Your and Our rights and obligations to each other.
NON-DISPARAGEMENT
You acknowledge that we’ve established a valuable reputation and goodwill in Australia in the area of Parkinson’s disease with regard to nutrition and dietetics. Subject to law and Your rights in connection with the enforcement of these Terms and Conditions, You must not at any time disparage, permit or authorise the disparagement of Us, any of our related entities or any director, officer, employee, agent, consultant or adviser of Us or a related entity; or otherwise make, permit or authorise the making of any statement in anyway relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause damage to Us, any of our related entities or any director, officer, employee, agent, consultant or adviser of Us or any related entity (including damage to their respective reputations). This clause survives termination of our Terms and Conditions.
TERMINATION
We reserve the right to terminate Your access to Our Website or any of Our Services if You (1) do not comply with these Terms and Conditions; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Our rights or interests in Our Website, Services, or other property; or (4) for any or no reason whatsoever without prior notice to You. We may take any other actions necessary in this regard or seek any remedies permitted by law.
EVENTS BEYOND CONTROL
We will not be liable for any loss caused by any failure to observe these Terms and Conditions, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel.
JURISDICTION
This Agreement and Our Website and Services are subject to the laws of Victoria and Australia. If there is a dispute between You and Us that results in litigation, then You must submit to the exclusive jurisdiction of the courts of Victoria, Australia.
SEVERANCE
If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
CONTACT US
If You have questions or comments about these Terms and Conditions, please email us at info@parkinsondiet.com