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Terms and Conditions

SAVVY BELLY TERMS AND CONDITIONS

This website (Website) is owned and operated by Savvy Belly Pty Ltd (ACN 623 135 188) (Owner). For the purposes of these terms and conditions (Terms & Conditions), the Website also includes all of the Owner’s pages on any social media platforms (the Pages).

This Website is available for you to access and use, conditional on your acceptance without alteration of the Terms & Conditions of use set out below.

By using this Website, you indicate that you have read and understood these Terms & Conditions and that you agree to by legally bound and to abide by them.

  1. Use of this Website
    • You agree that you will not use this Website in any manner that is illegal, unlawful, or in any manner contrary to, or prohibited by, these Terms & Conditions.
    • Without limiting clause 1.2, you agree that you will not, directly or indirectly:
      • (a) use this Website to defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights of any person in any way;
      • (b) upload, post, email or otherwise transmit any content that infringes upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or such other proprietary rights of any person;
      • (c) hack into any part of this Website through password mining, phishing, or other means;
      • (d) knowingly introduce malicious code, including viruses, Trojans, worms, logic bombs, or other harmful or destructive code or data into this Website or any operating system;
      • (e) use automated scripting tools or software in respect of the Website in any way;
      • (f) circumvent the Website’s structure, presentation or navigational function so as to obtain information that the Owner has chosen not to make publically available through the Website;
      • (g) disrupt an exchange of information between users of this Website or otherwise act in a manner that negatively affects other users of this Website, including through a denial-of-service attack;
      • (h) transmit any unsolicited advertising, promotional materials, surveys, chain letters, spam or other forms of solicitation, unless expressly authorised by the Owner;
      • (i) harvest information about other users of this Website in order to transmit, or facilitate the transmission of, such materials as listed in paragraph (h) above;
      • (j) attempt to modify, reverse engineer, or reverse assemble any part of this Website including any content;
      • (k) use this Website to supply another service, or to obtain information which you either incorporate into your own service or product to enhance your service, product, or business in any way, such as to create potential customer lists. Any commercial use of this Website requires the prior written approval of the Owner;
      • (l) breach any applicable laws or regulations; or
      • (m) engage in any other conduct which the Owner, in its absolute discretion, considers breaches these Terms & Conditions.
    • You acknowledge that all content (including but not limited to testimonials) posted, emailed, or otherwise transmitted to or on this Website is the sole responsibility of, and may be owned or licensed from a third party, by the person who made such content. The Owner does not control the content posted by users of this Website and is not responsible for the accuracy or reliability of such content. The Owner will not be liable for any loss or damage incurred as a result of content posted by a user of this Website.
    • The Owner reserves the right to monitor your use of the Website for compliance with the above Terms & Conditions, but you acknowledge and agree that the Owner has no obligation including no duty of care to do so.
    • The Owner reserves the right to remove, without any notice to you, any content which it considers breaches the Terms & Conditions.
    • The Owner reserves the right to amend, alter or vary, without any notice to you, any content published on the Website.
  2. Privacy Any personally identifiable information you send through the Website is subject to the Owner’s Privacy Policy. For more information please review the Privacy Policy, which is incorporated into these Terms & Conditions by reference.
  3. Intellectual Property Rights
    • You acknowledge that this Website contains content which is or may be protected by copyright, patents, trade marks, trade secrets, and other proprietary rights, and that the Owner is the proprietor or authorised licensee of all such rights.
    • All of the Owner’s trade marks displayed on the Website are protected by applicable Australian trade mark and copyright laws.
  4. Links
    • These Terms & Conditions only apply to this Website. The Website may display links to other websites or resources. This may include links posed by third parties on the Pages which lead to content which might contain wrong or misleading medical information. You acknowledge and agree that:
      • (a) the Owner makes no express or implied representation, warranty or guarantee as to the content, suitability, functionality or accuracy of any other website or its content.
      • (b) any links to other websites or social media pages do not:
        • (i) indicate a relationship between the Owner and the third party;
        • (ii) indicate a relationship between the owner or operator of other websites or social media pages.
        • (iii) indicate any endorsement or sponsorship by the Owner of the website or the goods and/or services supplied, unless specifically indicated by the Owner.
      • (c) the Owner will not be responsible for any loss or damage that is caused in connection with your use of the other website.
    • The Website may be linked to various social networking sites, such as Facebook, Instagram and Twitter. You acknowledge and agree that:
      • (a) any comments or content that you post on such social networking sites through a link provided on the Website are subject to the terms and conditions of that particular social networking site and that you will not breach those terms and conditions when interacting with the Pages;
      • (b) you will not post any comments that are defamatory to the Owner or its employees, agents, or officers, or which damage the reputation of the Owner, or which are otherwise false, inaccurate, misleading or deceptive; and
      • (c) The Owner is not responsible for any comments or content you post on any social networking sites.
  5. Health Disclaimer
    • This Website provides dietary management and information and a process for behaviour change and is intended to only assist users with overcoming dietary restrictions following diagnosis by a qualified medical professional.
    • The Owner is not a medical professional. The Owner cannot and at no stage will give you medical advice, including any diagnosis. Nothing whatsoever on this Website should be construed as medical advice.
    • The information generated by the Owner on this Website should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified medical professional. The Owner strongly encourages you to seek professional medical advice and assistance and to be guided by that in your use of the Website.
  6. Disclaimer of Warranties
    • To the full extent permitted by law and subject to any rights you may have under the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) the Owner:
      • (a) disclaims any and all warranties, express or implied, regarding:
        • (i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website; and
        • (ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website.
      • (b) does not warrant that the Website or any function contained in the Website will be uninterrupted or error free or that the Website is free from any computer viruses or other harmful components; and
      • (c) will not be responsible for any damage to your computer or loss of data that results from the download of information from the Website. Any information downloaded from this Website is done at your own risk.
    • The Owner does not warrant that any statements made by third parties on the Website or on links to the Website (including but not limited to social media platforms) are true and correct.
  7. Limitation of Liability
    • To the full extent permitted by law and subject to any rights you may have under the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) you expressly acknowledge and agree that the Owner will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages or for any damages for loss of profits, goodwill, use, data or other intangible losses arising out of or resulting from:
      • (a) the use of or the inability to use the Website;
      • (b) the use of any content or other material on the Website;
      • (c) statements or conduct of any third party on the Website or links to the Website (including but not limited to statement or conduct of third parties on the Pages ); and
      • (d) any other matter relating to the Website.
    • Where your loss and damage relating to any breach of warranty or condition cannot be excluded by these terms and conditions, the Owner’s liability is limited to, at the Owners election:
      • (a) in the case of goods, any one or more of the following:
        • (i) replacement of the goods or the supply of equivalent goods;
        • (ii) repair of the goods;
        • (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
        • (iv) payment of the cost of having the goods repaired.
      • (b) in the case of services, any one or more of the following:
        • (i) supplying the services again; or
        • (ii) payment of the cost of having the services supplied again.
  8. Indemnification You indemnify the Owner and their officers, directors, employees, agents and representative from any and all third party claims, liability, damages and costs (including, but not limited to, legal fees and expenses) arising out of, or in connection with your use of the Website, breach of these Terms & Conditions, breach of the terms and conditions of any social media site in respect of your interaction with the Pages, or your infringement of the rights of third parties.
  9. Severability
    • If any court or competent authority finds that any of the provisions (or part of any provision) of these Terms & Conditions is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of the Terms & Conditions will not be affected.
    • If any invalid, unenforceable or illegal provision of these Terms & Conditions would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
  10. Direct Debit
    • Savvy Belly uses a payment system called Stripe for automated direct debits. We will not store your financial details – these will be securely held by Stripe.
    • Your first payment is manually paid by clicking on the Pay Now button. You can elect to pay by credit card or bank debit. Any subsequent invoices will be automatically paid each week, by direct debit, using the details initially provided.
    • I understand it is my responsibility to notify Savvy Belly of any change of bank or credit card details and to ensure that I have sufficient funds available on the payment due date.
    • Direct Debit Service Agreement
      • Savvy Belly agrees to periodically debit your nominated account for the agreed amount each week, 7 days after the first and subsequent payment is made.
      • You must confirm your account details by checking a recent statement from your financial institution.
      • Please email info@savvybelly.com.au should you wish to:
        • notify us a change to your bank account or credit card details
        • or dispute any direct debit amount or reasons for the debit.
      • Savvy Belly will undertake to address your query within seven (7) business days.
      • Should a payment default, you will receive a notification and another direct debit will be attempted within five (5) business days. If the second debit attempt fails, immediate payment will be required.
      • Default payment penalties may apply. Defaulting a payment may lead to the suspension of your services, until full payment is received.
      • Savvy Belly uses a secure third party system called Stripe to process automatic direct debits. The direct debit process requires Stripe to maintain your nominated financial details in their secure database. You consent to Savvy Belly and Stripe using or releasing your information to investigate any debits with your and our financial institutions.
      • It is your responsibility to ensure that your financial institution can accept direct debit requests and that, on the installment date, it will permit payment of the installment in accordance with this Direct Debit Request Service Agreement.
      • Should you have any queries regarding your direct debit payments, please contact info@savvybelly.com.au
  11. Termination The Owner reserves the right to limit, suspend or terminate your access to the Website or any of its features:
    • (a) at any time and without prior notice to you, if you have breached these Terms & Conditions; or
    • (b) at the Owner’s discretion, by giving you 24 hours’ notice (including as an announcement on the Website).
  12. Amendments
    • The Owner may amend these Terms & Conditions from time to time.
    • Where the Owner amends the Terms & Conditions, the amended Terms & Conditions will be published on the Website.
    • You agree that it is your responsibility to check for amendments to the Owner’s Terms & Conditions and that your continued use of the Website indicates your acceptance of the amendments.
  13. Governing Law These Terms & Conditions are to be governed by and construed in accordance with the laws of the State of Western Australia. You irrevocably agree to the exclusive jurisdiction and venue of the state and federal courts located within the State of Western Australia with respect to any litigation arising out of the breach or enforcement of these Terms & Conditions.
  14. Entire Agreement The Terms & Conditions constitute the entire agreement between you and the Owner pertaining to your use of the Website and supersede all prior and contemporaneous agreements, representations and understandings.