Marika Day Gut Started Happy @ Home and Overcoming IBS TERMS & CONDITIONS
In the following Sales Terms & Conditions (Terms & Conditions), “we”, “us” or “our” means Marika Day trading as Marika Day Nutrition (ABN 13 924 270 051), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and the Parties. These Terms & Conditions apply to all sales made by us to you.
These Terms & Conditions form the agreement that we supply products or services to you. Should you have any questions, please contact us at [email protected] , prior to your purchase of products and services.Our website Terms & Conditions set out the terms and conditions for using our website, www.marikaday.com (“Site”).
1. Your Acceptance
The following terms and conditions relate to the provision of any services or sale of products (including physical products or downloadable material) from the Overcoming IBS or Gut Started program or website (www.marikaday.com) (“Site”) (“Services”). These Terms and Conditions constitute an agreement between us and you. Your purchase from us indicates you have read these Terms & Conditions, that you have accepted and will comply with all terms outlined in this agreement. It also indicates that you are 18 years or older, or have been given the consent of a legal guardian if you are under 18 years of age. If you do not agree to these Terms & Conditions, you should not purchase from us.
2. Consumer Law, Return, Refund & Exchange Policy
a) Certain legislation under Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) alongside similar consumer protection laws and regulations may include rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). (b) Products & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our products and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.”
(a) Change of mind: due to the nature of the program and immediate access to information, we do not accept returns for change of mind or other circumstances.
3. Requirement to Seek Professional Medical Advice
(a) All content on our Site is for informational and educational purposes ONLY.
We strongly advise that you consult with a medical professional prior to commencing any nutritional program as nit all nutrition plans are suitable for all individuals.
The program and advice provided in this program have been designed for healthy individuals.
The programs and modules offered on our Site are for educational purposes only and should not be used as a substitute for professional medical, dietary or nutritional advice.
You acknowledge and agree that our program does not guarantee or promote a cure for Irritable Bowel Syndrome. To the extent permitted by law, you agree to use our products and services at your own risk, that you are voluntarily participating in our program, and assume all risk associated with modified diet, treatments and advice outlined in this program.
You agree to release and discharge us from any claims or causes of action, known or unknown, arising out of your purchase and use of our products and services.
If you have or suspect that you have a medical issue, or if you have a pre-existing medical condition, are pregnant or breast-feeding, please contact your health care provider before using our Services.
None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
Do not disregard, avoid, or delay seeking medical advice from your doctor or qualified health care provider or professional because of something you have read on our Site.
If at any time during the program, you notice any unanticipated changes to your health (physical, mental or emotional), please seek medical attention immediately.
4. Nutritional Information
Nutritional information provided on our Site is based on extensive research and information provided by a qualified Dietitian. However, before relying on any nutritional information on our Site, please evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms & Conditions. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products, services or Sites, including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
6. Product/Program Testimonials
Please be aware that testimonials on our Site may not reflect the results that you achieve. Results may vary between individuals and your experience may not be similar to the experience of the user testimonials.
7. Warrant the Use of Personal Information
8. Site Newsletter
By agreeing to the terms and conditions contained in this Agreement you agree to receive our site newsletter. You can unsubscribe at any time by emailing us at [email protected] with ‘unsubscribe’ in your email’s subject
9. Secure Payment
Our Site uses a secure online payment system. When purchasing any of our Services (including any 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 PayPal or Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments processed via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.
You warrant that the payment details and related personal details provided to us is correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards
10. Goods & Services Tax (GST)
The prices for Services provided under this Agreement and Site will be as set out at the time you apply for the Service/program. All prices are in Australian Dollars unless otherwise stated, 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”).
Over the course of the program launch we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.
If you have any issues with payment do not hesitate to contact us at [email protected]
11. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at [email protected]
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any products, programs or services listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, and for product defects or failures, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
13. Limitations and Liability
a. (a) Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
b. (b) For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
c. (c) With the exception of Consumer Guarantees, we exclude:
i. (i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
ii. (ii) any liability for loss caused by our negligence; and
iii. (iii) any liability for Consequential Loss.
You agree to defend, indemnify and hold harmless Marika Day its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your:
• Use of an access to our Site, Service & Program;
• Violation of any term or condition in this Agreement;
• 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. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim. .
14. Choice of Law
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
We may amend or make changes to 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, but if you do, you must immediately cease using our Site and our Service.
17. Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send use-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all 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.
This Agreement constitutes the whole of the agreement between the parties. It extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.