Terms and Conditions
These Terms and Conditions (the "Terms and Conditions") govern the use of www.tonihorsfordnutrition.com.au (the "Site"). This Site is owned and operated by Toni Horsford and Toni Horsford Nutrition (ABN 80 525 084 795).
Acceptance of Terms
These Terms and Conditions govern your use of this Site, as well as Toni Horsford Nutrition’s products and services, and form a binding contractual agreement between you and us. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
We may change all or part of these Terms and Conditions at any time. If we do, the new Terms and Conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms and Conditions, your only remedy is to contact us at info@tonihorsfordnutrition.com.au and immediately discontinue your use of the products and/or services.
Intellectual Property, Copyright and Trademark Notices
All content published and made available on our Site is the property of Toni Horsford and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you would like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Toni Horsford Nutrition. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Toni Horsford Nutrition, in any manner that is likely to cause confusion with customers, or in any manner that disparages Toni Horsford Nutrition.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and Conditions and acknowledge that Toni Horsford Nutrition will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following services are available on our Site:
Nutritional Medicine Consultation.
The services will be paid for in full upon the completion of the service.
A cancellation policy will apply to appointments cancelled within 24 hours of the appointment, where 50% of the consultation fee is payable.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock.
All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Invoices for Toni Horsford Nutrition goods and services will be automatically generated at the end of each consultation and can be requested at any time by emailing info@tonihorsfordnutrition.com.au
Payments
We accept the following payment methods on our Site:
Credit Card; and
Visa Debit
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Toni Horsford and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
accessing websites or servers maintained by other organisations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
Code of Conduct
Our Site is a pitch-free, solicitation-free and sales-free environment. Whilst using this Site we ask that you not:
contact anyone who has asked not to be contacted.
collect personal data about other users for commercial or unlawful purposes.
infringe other user’s privacy rights.
violate the intellectual property of others.
post anything that contains software viruses, worms or any other harmful code; or
use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Toni Horsford, Toni Horsford Nutrition and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.
Applicable Law
These Terms and Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria, Australia, to determine any matter or dispute which arises between us.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Feedback
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site, or Toni Horsford Nutrition products or services, please email us at info@tonihorsfordnutrition.com.au
Terms and Conditions Updates
These Terms and Conditions may change from time to time and is available on our website. This Terms and Conditions was last updated on 29 August 2022.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
info@tonihorsfordnutrition.com.au
You can also contact us through the feedback form available on our Site.