These terms and conditions regulate the business relationship between you and us when you use the website www.mynutrition.com.au (our Website). By using our Website in any way, or by purchasing our Services, you agree to be bound by them.
No person under the age of 18 years may use our Website and Services or provide personal information to us.
We are: My Nutrition ABN 69153965075 ("we, us, our").
You are: a visitor to our Website / our customer.
1. Our Services
We provide medical screening services in accordance with our Website.
Our Services are not intended for you if you suffer from a complex illness or complex illnesses.
You should not abandon regular trips to your doctor in favour of using our Services exclusively.
2. Acceptance of your order and Pathology Request
When you place an order for our Services through our Website, your order is an offer to purchase our Services. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
At any time before the Services are performed, we may decline to perform the Services to you without giving any reason.
We may alter our Services in whole or in part, at any time and for any reason. You may cancel your order in case you do not agree with any changes. If you do not cancel your order, you will be deemed to have accepted the new terms of Services.
Once you place an order, you will be given access to or sent by mail, a sample collection kit for the tests you have ordered. Each sample collection kit is only valid for 3 months from the date an order is made. We reserve the right to charge you additional fees if you use a sample collection kit outside the 3-month validity period.
Sample collection kits must only be returned to the pathology laboratory specified on the collection kit instructions.
3. Registered Users or Member
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change. We are not responsible for loss due to stolen or hacked passwords, and for security reasons, if you fail to remember your password, we can only reset your password.
4. Your account with us
On registration, you must create your own password. You are responsible for remembering your password and maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority and you should also log in to your account and change your password.
We reserve the right to terminate your registration or membership at any time if you breach these terms and conditions.
Our services are intended to be used by registered users within Australia only.
5. Prices, additional fees and payment
All prices payable for the Services that you order are clearly set out on our Website. On registration, you agree to pay for our Services in accordance with the pricing on our Website from time to time and in accordance with the Services you purchase from our Website.
Our prices for Services may be changed by us at any time prior to you placing an order. We will never change the prices after you have ordered the Services.
Any bank charges, PayPal fees, or other third-party credit card processing fees (such as but not limited to fees imposed by third parties like 'Stripe'), on payments made to us, will be borne by you. You will be charged an amount that is equal to the applicable bank charge, PayPal fee or third-party credit card processing fee upon checkout.
If we owe you money, we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 15 days from the date when we accept that repayment is due.
We reserve the right to charge you additional fees where you use one or multiple pathology request forms without our permission, outside the 3 month validity period, without our authority, or you use a pathology request form to request tests that you have not purchased on our Website.
We reserve the right to charge you additional fees where you visit a collection centre that is not specified on our Website.
6. Cancellation and Refund Policy
You may cancel your order at any time within 30 days of placing your order (Cancellation Policy).
The Cancellation Policy does not apply if:
You have failed to attend a confirmed appointment (if any);
Your test kit (if applicable) has already been despatched, in which case we reserve the right to withhold a $20 fee to cover the cost of the test kit and postage;
Your sample has already been sent off for testing; or
the 30-day period has expired.
To cancel your order, please send us an email to email@example.com stating that you wish to cancel your order and the reason for the cancellation. Your reason for cancellation will not affect your cancellation.
If you are entitled to a refund, we will process your refund within 7 business days of receiving your cancellation request.
7. Security of your credit card
We take care to make our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8. Intellectual Property
When you visit our Website, we give you a limited licence to access and use the information on our Website for personal use.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on our Website without our prior written permission.
The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content on or from our Website, in whole or in part.
You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on our Website without the prior written consent of us or that third party (as relevant).
9. Service Warranties
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:
we supply to you are rendered with due care and skill;
will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and
will be supplied within a reasonable time.
To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates.
All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
We make no warranties about the Services being able to prevent disease.
Our Services are not a substitute for medical advice and medical treatment.
We or our Content suppliers may make improvements or changes to our Website, the content, or any of the Services, at any time and without advance notice.
You are advised that content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
Use of our Website is at your own risk. To the extent permissible by law, we do not make any and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from our Website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the Services.
11. Matters beyond our reasonable control
There may be instances where we may not be able to perform particular or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
Our Website may, from time to time, contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.
Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that Website nor the information, services and/or products which they provide.
You may link our Website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13. Security of Our Website
If you violate our Website and/or any terms of this agreement, we may take legal action against you.
You agree that you will not, and will not allow any other person to:
Modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it.
Link to our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;
share with a third party any login credentials to our Website.
You agree to indemnify us against all costs, claims and expense we suffer, or could suffer, arising directly or indirectly from:
a collection or testing centre being unable to undertake some or all of your tests;
any injury you incur during, or as a result of, any test (including but not limited to bruising, infection or localised pain);
you attending an unauthorised collection or testing centre;
any delay in us providing you with the results of your test;
your failure to act on our advice or recommended course of actions;
your failure to disclose your test results (in whole or in part) to a GP or other medical professional;
a contractual or negligence claim arising from your use of the Services, or arising from your use of our Website;
a breach of the intellectual property rights of any person;
your breach of this agreement;
your unauthorised use of pathology request forms;
any loss you suffer due to your password being hacked, lost or stolen or used by a party who was not authorised to use your password;
your disclosure of health information to us;
any act, neglect or default by any agent, employee, licensee or customer of yours; and
your failure to comply with the law of any country.
15. Miscellaneous matters
When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as duly signed and dated paper sent by post.
Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by email. It shall be deemed to have been delivered if sent to the address from which the receiving party has last sent an email: within 48 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia.
In this agreement:
"Content" means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on our Website by us, by you, or by any third party with our consent.
"Services" means the services being provided on, or via, our Website.
"Website" means the Website where these terms and conditions are placed and include all web pages controlled by us, including any and all subdomains.
17. Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that Services advertised on our Website are available. We may change these terms from time to time. The terms that apply to you are those that are posted on our Website at the time you place an order for Services.
If in future, you purchase Services from us under any arrangement which does not involve your payment via our Website; these terms still apply so far as they can be applied.
In these terms and conditions unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
by accessing the Services through our Website or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
these terms and conditions prevail over any terms proposed by you;
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
any obligation of any person arising from this agreement may be performed by any other person;
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
if there is any conflict between these terms and conditions and other terms and conditions on our Website, these terms and conditions will prevail; and
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.