Your Acceptance
These terms and conditions (“Terms and Conditions”) constitute an agreement between Johanna Bush Nutrition (“we”, “us”, “our”), the owner and operator of the Johanna Bush Nutrition website (https://johannabush.com) (“Site”, “Website”), and you (“you”, “your”, “user(s)”), a user of the Site and/or Services and/or Products (“Agreement”).
By continuing to view and use this Site or Services or Products, you agree to be legally bound by these Terms and Conditions, the Agreement and our Privacy Policy.
We reserve the right to amend the Terms and Conditions, Agreement and our Privacy Policy at any time. If you do not agree to the terms and conditions contained in these Terms and Conditions, Agreement or Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.
Purpose of this Website
This Website is dedicated to providing general information (“Content”) about nutrition, food, health and wellbeing. The Website promotes, offers for sale and sells Products and Services. All Content on this Website, including without limitation, refers to: text, photographs, logos, names, designs, downloadable material, information, recipes, personal information, financial information, data, drawings, links, video recordings and audio recordings.
Privacy
Personal Information
We collect personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as your name and email address.
We acknowledge and agree that this information is confidential and will be used for the purpose of provision of our Services only, unless otherwise required by law, as established in our Privacy Policy.
You warrant that the personal information you provide us is truthful, accurate, current and complete to the best of your knowledge. We accept no liability in the event you fail to provide us with personal or health information that is truthful, accurate, current and complete.
By agreeing to the Terms and Conditions, you agree to receive our email newsletter. You can unsubscribe any time by emailing us at support@johannabush.com with ‘unsubscribe’ in your email’s subject.
Privacy Protection
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information (including health information). Our Privacy Policy can be accessed by clicking on this link.
For legal purposes in accordance with the Privacy Act, information on this Website must not include any information or opinion, whether true or not, about an individual who is identified or whose identity can be reasonably established, without their prior written consent provided to Johanna Bush Nutrition. For more information on our stance on protecting the privacy of Users of the Website, please read our Privacy Policy.
We will not be held accountable for the actions, over which we have no reasonable control, of any User who breaches the Privacy Act on this Website. We are not responsible for the actions of any individual who breaches the Privacy Act outside of our Website, such as on a third party website, of which we have no reasonable control.
We reserve the right to take any steps reasonable (such as deleting, removing or blocking a User for any such information shared on our Website) to uphold the privacy of individuals according to the Privacy Act.
We will do our best to remove any breach of privacy known to us in a timely manner.
If you believe your privacy has been compromised on our Site, please immediately notify us by emailing support@johannabush.com.
Your Obligations as a User of this Website
Requirement to Obtain Professional Medical Advice
You are responsible for considering the need to obtain appropriate expert advice relevant to your circumstances.
The Content, Services and Products on our Website is not intended as a substitute for the advice provided by a doctor or other healthcare professional, and is not to be used for the purpose of diagnosis, or treatment, of a medical condition.
You should always speak with your doctor or other healthcare professional before adopting any new fitness or dietary regime, treatment for a health problem, or use of our Services.
It is your responsibility to seek medical advice in regards to your health conditions and physical fitness.
Never disregard, avoid, or delay obtaining medical advice from your doctor or healthcare provider because of something you have read on our Site.
If at any time you notice unanticipated changes to your health, you should seek medical attention immediately.
Persons with pre-existing medical conditions, in poor health, or with any concerns regarding commencement of any regime (nutritional, fitness, or other), should consult an appropriate health professional before beginning any dietary or lifestyle changes.
Your Responsibility to Provide Accuracy of Information
You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or content available to you through our Website.
You warrant the truth, accuracy, currency and completeness of any information you provide us.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, and failure to provide accuracy and completeness of this information may affect the quality, efficacy or suitability of these Services.
If you have a pre-existing medical or health problem, or if you suspect that you have a medical or health problem, or you are pregnant or breastfeeding, you should contact your healthcare provider before using our Services.
Our Services may not be a suitable substitute for your particular health requirements, and shouldn’t be expected to be used in such circumstances.
Your Responsibility to Obtain Correct, Current, Expert Nutritional & Health Information
Johanna Bush Nutrition takes reasonable efforts to provide accurate, complete and relevant Content presented on our Website.
All Content on our Site is for informational and educational purposes only.
You are responsible for carefully evaluating the accuracy, completeness and relevance of any information relating to your personal health requirements and needs.
You solely assume the risk of the non-medical nature and limitations of acting on any information or material made available to you via Content on our Website.
Any statements appearing on our Website or in our Products or Services have not been evaluated by any national or international agencies.
None of the Content, Services and Products on our Website are meant to diagnose, treat, cure, alleviate or relieve any medical or health conditions, nor guarantee any particular outcome or results.
We do not give any warranty that Content on this Website is free from error, accurate, current or complete, nor suitable for your purposes.
You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you via our Website.
Testimonials
Please be aware that any testimonials on the Website (including User comments) may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
Requirements as a User of the Website
As a User of this Website you will not:
- Use this Website for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions;
- Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the Website or any Content through hacking, use of automated devices, scripts or bots, or other illegitimate means;
- Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; and
- Interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website, including by transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature.
Electronic Communications
We use electronic means of communication when you visit our Site, or use our Services or emails.
For contractual purposes, you:
- Consent to receive communications from us in an electronic form; and
- Agree that terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.
Social Media Statement
Thanks for connecting with us socially! Our social media pages are for Johanna Bush Nutrition, our initiatives and services. The following guidelines are designed to help provide a quality environment for visitors to our pages. Please take a minute to read them and keep them in mind whenever you participate.
Social media statement & rules
By using or accessing our social channels, you agree to comply with the channels Terms and Conditions. In accessing our social channels, you agree to comply with the applicable terms of use governed by each of these third-party social platforms. We recommend you to read these.
Postings or comments to Johanna Bush Nutrition social pages do not necessarily reflect the opinions of Johanna Bush Nutrition, its owners or associates, nor does Johanna Bush Nutrition confirm their accuracy.
We take decisions on moderating posts and comments seriously. We expect that participants post content and commentary that is both relevant and respectful to this community as a whole. Johanna Bush Nutrition reserves the right to remove any posts that don’t adhere to our guidelines and to block anyone who violates them repeatedly.
Specifically, we do not tolerate these kinds of posts:
Abusive, harassing, stalking, threatening or attacking others;
Defamatory, offensive, obscene, vulgar or depicting violence;
Hateful in language or disrespectful of other’s race/ethnicity, religion, gender, nationality or political beliefs;
Fraudulent, deceptive, misleading or unlawful;
Trolling or deliberate disruption of discussion;
Violations of any intellectual property rights;
Spamming in nature;
Uploading files that contain viruses or programs that could damage the operation of other people’s computers;
Commercial solicitation or solicitation of donations; or
Link baiting (embedding a link in your post to draw traffic to your own site).
If you have concerns about our social pages, please email support@johannabush.com.
Services and Products
Delivery of Services
For Services that are purchased on our Website, you may be required to schedule an appointment with Johanna Bush Nutrition for provision of the purchased Services (“Appointment”).
You can schedule an Appointment using the HealthBank third party online booking feature (“HealthBank”), or otherwise emailing Johanna Bush Nutrition.
The use of the HealthBank website and/or app for scheduling Appointments will be governed by the applicable terms and conditions set by the proprietor, for which we recommend that you review prior to use.
You must schedule an Appointment with the appropriate duration relative to the Services that you have purchased (to be advised and directed by Johanna Bush Nutrition).
If the Services involve any email contact with Johanna Bush Nutrition, you must allow at least 48 hours (weekdays only) for a response to an email sent by you.
You must procure Johanna Bush Nutrition to provide the Services within one year of purchase of the Services, and if you fail to do so, you forfeit the right for Johanna Bush Nutrition to provide the Services and refunds will not be provided.
Pricing & Fees
The prices of Services and Products specified on the Website (“Price”), unless otherwise stated, are quoted in Australian Dollars (AUD). Prices are subject to change without prior notice.
At our discretion, we may issue promotional or discount codes, for any reason or length of time of our choosing. These can be redeemed at checkout and are subject to the terms of issue as stated by us in relation to each promotion or discount.
Payment
We use a secure online payment system.
In order to purchase any of our Services or Products, you will be required to provide us with your credit card information.
Please be aware that all credit card information may be shared with our third party payment processors, such as Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.
All orders must be pre-paid. Orders will only be available for download after full payment of the total amount is cleared.
You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event that you fail to provide correct or complete payment or personal details, or for any losses suffered at the result of the fraudulent or unauthorised use of credit cards.
If you have any issues with payment, do not hesitate to contact us at support@johannabush.com.
All Services (including any goods) available from our Site are subject to consumer protections under Australian Consumer Law.
Refunds and Cancellations
Your rights to refund or replacement (if applicable) are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).
In the event of any defect with the Services (including any Products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods).
Johanna Bush Nutrition does not provide refunds or exchanges for our Products or Services purchased via the Website for change of mind.
If you believe any of the Services, including any Products purchased on or through our Site, contain a defect, you must notify us immediately by emailing us.
It is your responsibility to ensure your device is technically suitable to download Products or obtain Services prior to placing an order. Johanna Bush Nutrition takes no responsibility where Products or Services fail to download due to a technical error.
The Cancellation Policy for Appointments is governed by HealthBank. It is your responsibility to review HealthBank’s Cancellation Policy at the time of booking.
To cancel or reschedule an Appointment, access your HealthBank dashboard. Appointment cancellations must be made 24 hours or more in advance of the scheduled appointment time or they will incur a 50% cancellation fee.
Reliance on Products & Services
Johanna Bush Nutrition makes no warranty, guarantee or representation as to the quality, benefit or any other characteristic of any Products, Services or Content. You solely assume the risk of the non-medical nature and limitations of nutritional services when using the Products, Services or Content.
Johanna Bush Nutrition does not warrant, guarantee or represent that using or relying on the Products, Services or Content will result in weight loss, improve or alter your health in any specific way, treat a specific medical condition, or achieve any desired result within a specific timeframe.
The Products, Services and Content must not be used or relied on as a substitute for medical, healthcare or other relevant professional advice, or for the purpose of diagnosis or treatment of a medical condition. You shouldn’t use the Products, Services or Content for diagnosis or treatment of any health problem or for the prescription of any medication or other treatment.
Before purchasing or using any Products or Services, you should seek appropriate medical advice from a suitable medical professional.
Indemnity
You agree to defend, indemnify and hold harmless Johanna Bush Nutrition, its owners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to our Website, Products and Services;
- your violation of any term or condition of this Agreement;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your use caused damage to a third party.
This indemnity will survive this Agreement and your use of our Services.
Intellectual Property
All Content (“Website IP”) and Products (“Products IP”) in this Website is Intellectual Property exclusively owned and controlled by Johanna Bush Nutrition and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. The Website IP and Products IP remains Johanna Bush Nutrition’s exclusive property throughout the world in perpetuity.
You are not permitted to save, download, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.
You acknowledge that for Products purchased via the Website, you will have a non-exclusive, non-transferable and non-assignable right to view and use the Products, and for Products obtained through digital download via the Website, display one copy of the Products on a device of your choosing, for private, domestic and non-commercial purposes only.
Recipe Legal Protection
For information on the copyright laws applicable to all original recipes provided by Johanna Bush Nutrition, please refer to Recipes: Legal Protection by Australian Copyright Council at this link: https://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Recipes__Legal_Protection.aspx.
Choice of Law
These Terms and Conditions shall be governed by the laws in force in the State of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.
You agree that any claim, cause of action or dispute arising from, or relating to, these Terms and Conditions will be heard solely by a court of competent jurisdiction nearest to the State of Victoria, Australia. You agree that we may move to have a dispute dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if the result of events beyond our control, including but not limited to, acts of God, war, insurrection, riots, terrorism crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, and if you do, you must immediately cease use of our Site and Services.
Miscellaneous
In the event that any or one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable, such invalidity, illegality or enforceability shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall be construed as if such provisions had never been contained herein.