Membership Terms of Service

These Membership Terms of Service (“Terms”) apply to all current members, or all potential members of Louise Ellen Nutrition [ABN 21145678905] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any member of ours.

 

ONLINE MEMBERSHIP WE WILL PROVIDE

By purchasing a Membership, you are entitled to receive access to a private Facebook community, monthly group trainings (via Zoom), monthly group coaching sessions (via Zoom) and fortnightly check-In's via Facebook live in the private Facebook group. We provide various materials during your Membership. We also have group sessions.

 

BEFORE PURCHASE

Things you must do before purchasing our Membership

You must:

  • be 18 years old or have parental consent;

  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; and

  • ensure you have adequate technology set up and internet access make use of the Membership. We use Facebook Group, Teachable and Zoom video conferencing.
     

You represent and warrant that:

  • you are in good mental health;

  • you are not being treated for any mental health condition, or if you are you have a letter of consent from your psychiatrist, or psychologist to join; and

  • you will notify us immediately if your health status changes in any way.

 

Acknowledgements you make when purchasing on our Website

You acknowledge and agree that:

  • we cannot take into account your personal situation or your personal goals or objectives when providing our Membership Services. The Materials are general in nature, and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;

  • the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as health or medical advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information; and  

  • the Materials can be very subjective, and what may be pleasing to some may not for others. Whilst we will try to work and accommodate participants, we cannot always please everyone.
     

You further acknowledge and agree that there may be:

  • occasional errors or omissions in our descriptions, prices, availability and promotions;

  • some services with limited places or that are limited to certain regions or groups of people;

  • from time to time we may remove the Membership Services for indefinite periods of time or cancel the Membership Services at any time without notice to you;

  • there may be technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software; and

  • your use of the Website and Membership Services, or inability to use the Website and Membership Services is at your sole risk.
     

Except as required by law, we cannot guarantee the accuracy or reliability of the information, or the availability of the Services.

 

You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

 

Payments

The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.


You authorise us to:

  • deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and

  • deduct any applicable currency conversion fees or financial service provider fees where relevant.
     

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
 

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

 

AFTER PURCHASE

 

Things you must do after purchasing a Membership

 

You must:

  • maintain the confidentiality of your login and password for your account;

  • not allow other people to use the Materials or your account;

  • contact us by email at if you have any difficulty downloading any Materials;

  • not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;

  • contact us by email at if you have any issues with the Services and require a refund;

  • seek our prior written consent before any publication of information about us; and

  • in the case of a dispute keep all communications confidential.
     

We have group sessions where you can be part of our community but please follow our rules

We encourage you to engage with us and other Members during your Membership, however, you must comply with our rules at all times. You must respect the other Members and not be disruptive in any way. You must not directly contact other Members unless you have their express consent. Any further interactions with other Members are conducted at your sole risk.

Acknowledgements you make in relation to privacy and confidentiality

 

During the group sessions you may share sensitive, personal and private information (“Confidential Information”), or others may share similar information.

 

You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions. 

 

We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.

 

Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Membership Services and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing Facebook group, teachable and Zoom video conferencing.

 

Posting rules

You must not post any of the following, which is determined at our discretion:

  • any inappropriate or offensive, threatening or abusive content;

  • any immoral content, including but not limited to, anything pornographic or obscene;

  • any illegal content, including any content which is defamatory;

  • anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or

  • any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

 

You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.

Acknowledgement you make in relation to emergencies and crisis situations

You acknowledge and agree that we are not crisis counsellors and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.

In some circumstances, we may need to suspend or even terminate a group session where a participant is experiencing a crisis.

 

Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another convenient time.  In the event that you experience a crisis during your Membership or during a session, we will refer you to appropriate service and you agree to seek assistance immediately.
 

Acknowledgement you make in relation to live events

We conduct various events as part of your Membership. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events. You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any mediia now or developed in future. You waive all rights to approve of the finished recordings.
 

Your commitment

To get the most benefit out of the Membership Services, you should attend the monthly trainings and monthly group sessions and participate in the group as much as possible. You acknowledge and agree that you are solely responsible for your own success and outcomes during your Membership.

 

Things we’d love you to do after purchasing your Membership

We’d love you to provide us with any photos, videos, testimonials and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

 

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at louise@louiseellennutrition.com.au.
 

 

If you need to cancel your Membership

If you need to cancel your Membership, please email us at louise@louiseellennutrition.com.au with 7 days notice so you will not be billed automatically for the following month. All our Membership Services are for the Membership Period. We do not provide any refunds for Membership Fees until any Minimum Term has expired.  We do not offer any refunds for part used months.

 

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website

 

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including availability and promotions;

  • change prices or descriptions of our Membership Services; and

  • discontinue any Membership Services.

 

We comply with the Australian Consumer Law
 

Our Membership services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund of the unused portion, or to compensation for it's reduced value You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 

Except as required by law, we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.

If we need to cancel the Membership Services, we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund.  We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.

 

We can refuse to serve you and provide Membership Services at any time

We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.

 

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at louise@louiseellennutrition.com.au to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as health advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.

LIABILITY AND INDEMNITY

 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services.

 

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

  • the replacement of the Membership Services or the supply of an equivalent services; or

  • the payment of acquiring an equivalent service.

In any case, our liability to you will not exceed the amount of $100.

 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to, where you provide incorrect information, any breach of the group session and posting rules and any breach of our Intellectual Property Rights.

 

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER

This Agreement is to be construed in accordance with the laws of NT, Australia, and you and we submit to the jurisdiction of the courts of NT, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our Website.

 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
 

Materials means any of our materials, and could include diagrams, documents, photographs, spreadsheets, videos and worksheets, and anything provided to you during your membership.
 

Membership Fee means the membership fee as advertised on our Website from time to time.
 

Membership Period means annual or monthly Membership.
 

Membership Services means the Empowered Healthy Habits Community and includes all Materials.
 

Minimum Term means the minimum term of your Membership before you can cancel which is 3 months.
 

We, us, or our means Louise Ellen Kaiser t/a Louise Ellen Nutrition [ABN 21145678905] and includes any of our employees, agents, partners and contractors.
 

Website and Services means www.Louiseellennutrition.com.au, and everything available on this website, including, but not limited to, all Membership Services.