WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to the use of this website, including the use of the information services offered on this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these terms and conditions, the expression “we”, “us” and “our” are a reference to Dr Kerith Duncanson.
By default, the prices shown on the website are expressed in Australian dollars. This amount can be recalculated to US dollars at the checkout stage.
In order to be able to access specific dietary information from Dr Kerith Duncanson, you must either join the Gut Feelings program or register for a Skype consultation. To do either of the above, you must complete your registration details in the manner described on the website.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
You agree to pay for our services in the manner specified on the website.
We reserve the right to terminate your program access or telephone consultations at any time if you breach these terms and conditions. You may terminate your program membership at any time. We will not provide any refund, credit or rebate for subscription fees paid by you for the period of termination.
If you have any queries in relation to payment or membership, please contact: email@example.com.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice, except for telephone consultations. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.
You agree to use our information service for lawful purposes only.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
(a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site;
(b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
(c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You acknowledge that:
(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
(b) at no time prior to entering into these terms and conditions have you relied on our skill and judgment and that it would be unreasonable for you to do so.
The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
Pursuant to s.64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
(a) this sub-clause applies in respect of any of the goods and services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal , domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
(b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51-53 of that Law, is limited:
(i) in the case of goods, to any one of the following as determined by us:
A. the replacement of the goods or the supply of equivalent goods; or
B. the repair of the goods; or
C. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
D. the payment of the cost of having the goods repaired;
(ii) the case of services, to any one of the following as determined by us:
A. the supplying of the services again; or
B. the payment of the cost of having the services supplied again.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will on your own independent assessments with the aid of qualified independent advice.
You acknowledge that any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
Where the information made available over this service contains options or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Limitation of Liability
Our total liability in respect of all claims in connection with these terms and conditions, whether based in negligence or any other tort, in contract, statutory liability or otherwise, will be limited, to the extend permitted by law, to the total sum of all fees paid or payable by you under these terms and conditions up to and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute to the extent such liability cannot be lawfully excluded.
You agree to indemnify us including our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred) suffered or incurred by us, which arise as a result of your breach of these terms and conditions.
Copyright in this website (includes text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from ay part of this website; or
(b) commercialise any information, product or services obtained from any part of this website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
If you use any of our trade marks in reference to our activities, products or services, you must make include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limited the foregoing, you may not without our written permission on-sell information obtained from this website.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
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