Terms of Use

These Terms of Use outline the basis on which you can visit and use this Website.

1. Introduction

medicationsandnutrition.com (Website) is owned and operated by NCA (Nutrition Consultants Australia). In this policy, “us” “we” or “our” means NCA, and M&N means Medications and Nutrition

2. Subscription Terms

2.1 Medications and Nutrition Subscription Service

M&N currently offers a subscription fee-based service to individuals, business and institutions (Subscribers).

Payment of the subscription entitles the Subscriber to access certain sections, features and functions of this Website that are not available to non-subscribers. The period of access starts from the time of payment of the fee and is for the duration of the subscription period.

2.2 Subscription Types

Your subscription are payable annually.

At time of purchase you agree -

• to pay the price stated at the time of your order,
• to automatic renewal at the end of each billing period unless you cancel,
  
• to the account from which your subscription payments will be deducted,
• that your subscription will be automatically cancelled and access revoked if payments are not made by the due date.

If you do not wish to continue your subscription, you may cancel your subscription as per Clause 2.5.

Gift subscription

M&N offers “Gift” subscriptions that are available for 12-month periods, and are paid with a one-off upfront payment. Your subscription will not be automatically renewed.

2.3 Registration and security

You are required to provide us with accurate, complete and updated registration information - failure to do so may result in breach of these Terms of Use and lack of access to your subscription service.

Your subscription registration process requires you to select a username and password and that they remain secure and confidential. For security purposes we recommend that your username and password do not include your email or name. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.

If any misuse of your log in details is detected or suspected by M&N (including the concurrent use of your login details) your subscription may be terminated and you will not be eligible for a refund.

An attempt to login with a username and password that is already in use will disconnect the other user. You must notify M&N immediately if you become aware of any unauthorised use of your username and password.

M&N may monitor usage of the Website via your account and may take any action it deems necessary, including termination of your subscription.

2.4 Price

All prices are in Australian Dollars (AUD), and GST inclusive (10%).

M&N reserves the right to change the prices at any time. M&N will provide you with 14 days notice if the subscription fee changes from what was stated at the time of activation.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.

Your Payment Method must be verified before your subscription can be activated. If your initial payment authorisation is revoked, your subscription will be terminated.

You agree to promptly notify M&N of any changes to the Payment Method you provided.

2.5 Cancellation and refunds

To cancel your subscription, you must contact us via phone, in writing or by email with WeTransfer or similar (which includes their advice regarding delivery and downloading of the email by the recipient).

When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.

Refunds for change-of-mind will only be honoured within two business days of purchase for users who notify M&N of their intention to cancel their subscription. Otherwise, subscriptions are non-refundable except in cases of demonstrated hardship or in accordance with the Australian Consumer Law or a consumer guarantee under it. Refunds cannot be claimed for any partial subscription period.

3. Acceptance of our Terms

By accessing and browsing this Website, you accept these Terms of Use without limitation and in conjunction with our Privacy Policy. Please read both of these documents carefully. If you do not agree with or accept these Terms of Use then please leave this Website immediately and further visits are inadvisable.

We may, at our sole discretion, vary or modify our Terms of Use at any time without notice to you. If these Term of Use are amended in any way such as changes to our practices or for operational, legal or regulatory reasons, then there will be a notice at commencement of the Terms of Use document advising where changes have been made, there will be a notice on the Home page if the changes are significant.

Modifications to these Terms of Use are effective from time of publication on our Website.

Your continued use of our Website after the publication of any amendments indicates your acceptance of the amendments.

4. Eligibility

You warrant you are aged 18+ years and are legally able to agree to these Terms of Use.

5. Website Content

N&N reserves all rights and specifically all intellectual property rights on this Website and its content.

Unless you have prior permission in writing from M&N, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of this Website Content (either in whole or in part).

All rights not expressly addressed are reserved.

If you believe a work in copyright has been inadvertently included without due permission, please contact M&N in writing giving details and the matter will be addressed promptly.

6. User Content

You agree that any information or content that you upload whilst accessing or using this Website will be available to M&N to use, albeit remaining congruent with both the M&N Privacy Policy and any relevant legislation.

You agree that you will not upload or otherwise make available through this Website any content that is

• illegal,
• is detrimental in any manner to any person or business anywhere or in any way.

7. Feedback

We appreciate feedback that help us to improve the services and products we provide.

From time to time we may invite you to submit comments and/or ideas about the current service and products and other potential features you would like and why they benefit you.

Alternatively, you may choose to send directly to us your suggestions about the current service and products and other features you would like and why they benefit you.

By making these comments and suggestions you agree that your disclosure is gratuitous (no fiduciary or other obligation), unsolicited and without restriction, and further, that M&N is free to disclose the comments on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, M&N does not waive any rights to use similar or related ideas previously known to M&N, or developed by its employees, or obtained from sources other than you.

8. Security Policy

We take great care to ensure the security of our website.

The data you provide us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting personal information so that it can be securely transferred over the Internet. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are therefore not responsible for any interception or interruption of any communications through the internet.

9. Linked Sites

M&N neither provides nor permits external advertising on our Websites.

10. Website Emails

The email addresses on this Website are available for communication between you and M&N – they are not permitted to be used by you or anyone else for any other purpose.

11. Privacy

Please refer to our Privacy Policy.

12. Indemnity

You indemnify M&N against any negative outcome that is directly or indirectly related to:

• your breach or non-observance of any term of these Terms of Use;
• your negligence, and/or wilful misconduct;
• any breach or inaccuracy in any representations or warranties made to M&N.

13. Limitation of Liability

M&N reviews all content provided on this Website but makes no representation or warranty that content or information is complete, up-to-date, or appropriate for your purpose.

You agree that, except as provided by law, this Website is provided “as is” and without any express or implied warranty of any kind.

M&N does not accept liability for any loss or costs including incidental or consequential damages arising out of your use of our Website. In the event that such liability cannot be excluded, M&N limits its liability at our option, to:

• the replacement or repair of the products or supply of equivalent products; or
• payment of the cost of replacing the Products.

14. Unlawful Use

You agree you will only access and use this Website in accordance with these Terms of Use.

You agree you will not

• breach any Terms in this agreement,
• use this Website for any illegal purpose,
• act in a way that causes damage or loss to our reputation, or harms intellectual property owned by us or our affiliates,
• engage in any activity that is disruptive or is detrimental to the operation or functioning of this Website,
• attempt to gain unauthorised access to any part to the Website, its content, or related software and hardware,
• use this Website for the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (spam). You will not use this Website to send spam to anyone anywhere.

15. Governing Law and Foreign Usage

The Laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use, and any dispute or claim arising out of or in connection with them or their subject matter.

M&N makes no representations that the usage of this Website will not violate the laws of your local jurisdiction if outside the state of Victoria. You are responsible for compliance with the laws of your jurisdiction.

16. Dispute Resolution

If you have any questions or complaints about how M&N has addressed your concern, you agree to

• Initially contact us as per our Contact Us details at the end of this document and attempt to resolve the concern informally.
• If the concern is unable to be resolved satisfactorily then the concern will be submitted to mediation. The Australian Disputes Centre (https://www.disputescentre.com.au/) will administer the concern in accordance with the Australian Disputes Centre Guidelines (https://www.disputescentre.com.au/adr-guidelines/) that are current at the time the matter is referred to them.
• Unless agreed to otherwise, the mediation will be conducted in Victoria, Australia.
• Each party is permitted to be legally represented (at its own cost) and the costs of the mediation will be met equally between the parties.

17. Entire Agreement

These Terms of Use, in conjunction with our Privacy Policy, constitute the entire agreement between you and M&N with respect to their subject matter and supersedes all prior representations, communications, agreements, statements and understandings, whether verbal or in writing.

18. Assignment

These Terms of Use and any rights and licences granted under them, may not be transferred or assigned by you, but may be assigned by M&N without restriction.

19. Severability of provisions

Each Clause is severable.

20. No waiver

The failure of M&N to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of any such right or provision.

21. Contact Us

Thank you for taking the time to read our Terms of Use document. If you have any questions or concerns about either this document or our Privacy Policy then please contact us via any of the following options:-

Phone: Australia 51 – 9482 7424 (as an anti-spam strategy 51 was inserted instead of 03 - please change 51 to 03 prior to phoning).

Email: M&Nenquiries@medicationsandnutrition.com (as an anti-spam strategy we inserted M&N before enquiries - please delete M&N prior to sending your email)

Postal: M&N, PO Box 353, FAIRFIELD  VIC  3078, AUSTRALIA

Thank you for visiting our Website.

Updated 21st August 2024.