Terms and Conditions
1. Your Acceptance
The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from the Carla Johnson Dietitian website (https://www.carlajohnson.com.au) (“Site”) or from us personally (together, “Services”) (“Terms and Conditions of Use”). These Terms and Conditions of Use constitute an agreement between Carla Johnson trading as Modolla ABN: 64 463 549 693 (“I” “us”, “we”, “our”), the owner and operator of the Site and any Services, and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).
By using our Site and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.
Users must be 18 years or older to purchase any of our products or Services.
PART A: USE OF OUR SERVICES
2. Requirement to Obtain Professional Medical Advice
3. Our Reliance on Your Accuracy of Information
4. Nutritional Information
Nutritional information provided on our Site and/or provided via our Services is based on extensive research. Before relying on any nutritional information on our Site and/or provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
5. Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
6. Personal Information
We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at hello@thenutritioncircle.com.au with ‘unsubscribe’ in your email’s subject.
7. Bookings, Refunds and Cancellations
Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation during business days in the State of Victoria to be eligible for a full refund should you wish to cancel your appointment. If you wish to change your appointment time, we require a minimum of 48 hours’ notice during business days. For more specific details please refer to the terms and conditions stated on the consultations page.
Your rights to refund or replacement (if applicable) in respect of our Services are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).
In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at carla@carlajohnson.com.au.
8. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products or Services do not hesitate to contact us. You may contact us by email at carla@carlajohnson.com.au.
PART B: WEBSITE TERMS OF USE
9. Specific Warnings
You must not access or use our Site (a) in a way that violates these Terms and Conditions of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Site 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 our Site or any linked or third party website (“Third Party Website”). Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. Responsibility for the content of advertisements appearing on our Site (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.
10. Copyright
Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including eBooks and any other downloadable material is owned or licensed by us. 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 of Use, you may not in any form or by any means:
We reserve all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
11. Linked Websites / Third Party Websites
Our Site may contain links to Third Party 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 Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.
The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from the Carla Johnson Dietitian website (https://www.carlajohnson.com.au) (“Site”) or from us personally (together, “Services”) (“Terms and Conditions of Use”). These Terms and Conditions of Use constitute an agreement between Carla Johnson trading as Modolla ABN: 64 463 549 693 (“I” “us”, “we”, “our”), the owner and operator of the Site and any Services, and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).
By using our Site and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.
Users must be 18 years or older to purchase any of our products or Services.
PART A: USE OF OUR SERVICES
2. Requirement to Obtain Professional Medical Advice
- All content on our Site and/or provided via our Services is for informational and educational purposes only.
- Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies.
- None of the content or products offered on our Site and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
- The products and content found on the Site and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
- You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
- If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services.
- Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site and/or provided via our Services.
- You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so may result in adverse health consequences.
- Please seek medical advice in regards to your health conditions and physical fitness.
- If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
3. Our Reliance on Your Accuracy of Information
- You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
- You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
- You warrant the truth, accuracy, currency and completeness of any information you provide us.
4. Nutritional Information
Nutritional information provided on our Site and/or provided via our Services is based on extensive research. Before relying on any nutritional information on our Site and/or provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
5. Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
6. Personal Information
We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at hello@thenutritioncircle.com.au with ‘unsubscribe’ in your email’s subject.
7. Bookings, Refunds and Cancellations
Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation during business days in the State of Victoria to be eligible for a full refund should you wish to cancel your appointment. If you wish to change your appointment time, we require a minimum of 48 hours’ notice during business days. For more specific details please refer to the terms and conditions stated on the consultations page.
Your rights to refund or replacement (if applicable) in respect of our Services are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).
In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at carla@carlajohnson.com.au.
8. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products or Services do not hesitate to contact us. You may contact us by email at carla@carlajohnson.com.au.
PART B: WEBSITE TERMS OF USE
9. Specific Warnings
You must not access or use our Site (a) in a way that violates these Terms and Conditions of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Site 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 our Site or any linked or third party website (“Third Party Website”). Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. Responsibility for the content of advertisements appearing on our Site (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.
10. Copyright
Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including eBooks and any other downloadable material is owned or licensed by us. 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 of Use, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site or any of our electronic products or downloadable material; or
- commercialise any information, products or services obtained from any part of our Site or any of our electronic products or downloadable material, without our written permission.
We reserve all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
11. Linked Websites / Third Party Websites
Our Site may contain links to Third Party 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 Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.
