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Terms & Conditions

By visiting our site and/or purchasing our products and services you acknowledge that you have read and agree to be bound by the following terms and conditions. These terms and conditions apply to all visitors and users of this site, including, but not limited to, browsers, vendors, customers, suppliers, and/or contributors of content.

If you do not agree with all of the terms and conditions set our herein, then you may not access this website and/or purchase, utilise or subscribe to any products or services we offer or sell.

Any new products, services, promotions and/or ‘special’ offers added to our current product and services line shall be subject to these same terms and conditions unless otherwise expressly stated. 

You can review the most current version of our terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access of this website following the posting of any changes constitutes acceptance of those changes. 

A breach or violation of any of our terms and conditions will result in an immediate termination of our services to you.

We shall not be responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information such as your healthcare professional and general practitioner. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and take action of any kind on our site such as a purchase of any kind. 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order).

The prices for our products, services and subscriptions are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product, service or subscription.

We reserve the right to refuse any order you place with us.

You are prohibited from using the site, its content, or our products and services:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts
  3. to violate any Australian laws and regulations;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the website.

We reserve the right to terminate your use of any of our service or products for violating any of the aforesaid prohibited uses. 

In the event that any provision of these terms and conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions when you notify us that you no longer wish to use our products and services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and/or Services (or any part thereof). 

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on this site or in respect to our products and services constitutes the entire agreement and understanding between you and us and govern your use of our products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

These terms and conditions and any separate agreements whereby we provide you with products or services shall be governed by and construed in accordance with the laws of New South Wales.

If you have any question or do not understand any of our terms and conditions please email us at info@mindfitnessnutrition.com.au prior to your purchase, subscription or utilisation of any of our products and/or services.

Refunds & Returns

Refunds and returns will not be accepted for any products sold on this website, except in circumstances where the goods/services are not fit for use for the purpose which they are advertised or are defective or faulty. For the avoidance of any doubt, refunds and returns will not be accepted if you simply change your mind.

MFN - Fitness

At Mind Fitness Nutrition, all of our trainers and fitness instructors are highly experienced, knowledgeable and committed to ensuring your safety at all times, however, you must be aware that participation in exercise may involve a risk of serious injury or even death from causes including, but not limited to; over exertion, dehydration, equipment failure and accident. By subscribing or partaking in any of Mind Fitness Nutrition’s fitness or exercise programs or activities you do so at your own risk and accept and acknowledge that:-

  • You recognise the potential risks associated with exercise and physical activity and warrant that prior to subscribing or partaking in same you have consulted with a qualified medical practitioner who has deemed you to be physically fit to safely do so;
  • You are not aware of any medical condition, injury or impairment that will be detrimental to your health if you participate in physical activity;
  • In the event that you do become aware of any medical condition, injury or impairment that would be detrimental to your health if you participate in exercise, you undertake to inform Mind Fitness Nutrition immediately, and prior to partaking in any further activity. By continuing to participate in this exercise, you accept the risks despite these conditions and remain to be bound by these terms and conditions; and
  • You indemnify and release Mind Fitness Nutrition, its owner/s, agents, affiliates, employees and any other person or entity directly or indirectly associated with it, against all liability (including liability for negligence and the negligence of others), claims, demands, and proceedings arising out of or connected with your participation in its fitness or exercise programs.

For your peace of mind, Mind Fitness Nutrition offers a seven (7) day cooling off period for all of its ‘Fitness’ related services. If you change your mind and which to activate this ‘cooling off’, you are required to notify Mind Fitness Nutrition in writing at mindfitnessnutrition@gmail.com within the seven (7) day cooling off period. If you change your mind after the expiry of the ‘Cooling off Period’:

  1. a) (for direct/upfront payment): you shall be liable to pay the full outstanding package fee;
  2. b) (for a direct debit payment): you agree to provide Mind Fitness Nutrition with at least two (2) weeks’ notice of your intention to terminate, failing which, you shall be liable to pay one hundred (100) dollars cancellation fees. 

Due to difficulties with filling last-minute cancellations, unless you provide at least 12 hours’ notice you shall be liable to pay the full session’s fees.

If sessions are not utilised within seventy (70) consecutive days, your subscription will be deemed as abandoned and all remaining sessions will be lost. 

MFN – Nutrition  

At Mind Fitness Nutrition your health is our paramount consideration and, as such, we recommend that you consult with your medical practitioner and nutritionist prior to commencing any of our meals, detox drinks, diets, nutritional programs or meal plans. If you have any medical condition, allergy or food intolerance, you must notify us immediately before placing your order as some of our products may contain (or contain traces of), amongst other things, gluten, milk, eggs, seafood, soy, pollen, honey, cereals, peanuts and other nuts, sesame seeds and capsicum. If you experience any allergic or other adverse reaction after the consumption of any of our products or meal plans you must notify us immediately. Mind Fitness Nutrition, its owner/s, agents, affiliates, employees and any other person or entity directly or indirectly associated with it will not be liable for any adverse reactions, injuries or loss suffered as a result of your consumption of any of our products.

As part of our ‘Nutrition’ services we also offer various tea and tea related products. We recommend that you consult with your medical practitioner prior to consumption of any of our tea or tea products. Mind Fitness Nutrition, its owner/s, agents, affiliates, employees and any other person or entity directly or indirectly associated with it will not be liable for any adverse reactions, injuries or loss suffered as a result of your consumption of any of our tea or tea related products.

 

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