1.1. The Website is operated by Jessica Kathleen Spendlove (ABN: 69 923 601 447) t/as Jessica Spendlove Clinical and Sports Dietitian (‘Jessica Spendlove’). Access to and use of the Website, or any of its associated Products or services, is provided by Jessica Spendlove.
1.2. The Website provides you with an opportunity to browse and purchase various Eproducts (Products). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
2.2. You agree that all details that you have provided in completing the purchase are true and correct.
Purchase Of Products
3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
3.2. Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers‘)
3.4. Unless otherwise stated, all amounts expressed and described on or in connection with these Terms are listed in United States Dollars (USD). For Australian residents, prices are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.
3.5. Following payment of the Purchase Price being confirmed by Jessica Spendlove, you will be issued with a receipt to confirm that the payment has been received and Jessica Spendlove may record your purchase details for future use.
3.6. Jessica Spendlove does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
4.1. Eproducts are delivered are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].
4.2. Jessica Spendlove will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
Refunds And Returns
5.1. If you have received the incorrect Product, please notify Jessica Spendlove to organise a return within 5 Business days of receiving the Product and you will be sent the correct Product.
5.2. Jessica Spendlove does not provide refunds for change of mind.
5.3. Jessica Spendlove wants you to be satisfied with your Product. If you have any issues with Jessica Spendlove Products, please e-mail [email protected].
6.1. Once payment for an order has been accepted, cancellation is not possible.
6.2. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Jessica Spendlove reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
Jessica Spendlove’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
Mailing List And Sms List Registration
8.1. You will be given the option to register for the Jessica Spendlove Mailing List (the ‘Mailing List‘) and SMS List (the ‘SMS List’)
8.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile phone number
8.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Jessica Spendlove.
10.1. If circumstances beyond Jessica Spendlove’s control prevent or hinder its provision of the Products, Jessica Spendlove is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Jessica Spendlove may elect to terminate these Terms or keep the Terms on foot until such circumstances have ceased.
10.2. Circumstances beyond Jessica Spendlove’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
Venue And Jurisdiction
The Purchase Services offered by Jessica Spendlove are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.