1. About the Website
(a) Welcome to Webb Nutrition (ABN 32 272 198 956) (Website). The Website offers nutrition consultation services (Services).
(b) The Website is operated by Webb Nutrition. Access to and use of the Website, or any of its associated Products or Services, is provided by Webb Nutrition. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Webb Nutrition reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Webb Nutrition updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) You agree that may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Webb Nutrition in the user interface.
3. Payment
(a) All payments made in the course of your use of the Services are made using Square. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.
(b) You agree to pay the fees associated with the services provided by Webb Nutrition. Payment terms and pricing will be specified on the ‘Services’ page on our website and/or invoice.
(c) Full payment is required at the time of booking, unless otherwise specified by the Webb Nutrition. In such cases, the individual will be notified of any alternate payment arrangements.
4. Cancellation and Refund Policy
(a) If you cancel less than 24 hours (1 full day) before the scheduled appointment or fail to arrive within 15 minutes of the agreed time, the payment will be non-refundable.
(b) If you need to reschedule your appointment, event, or service, please notify us as soon as possible. Rescheduling is subject to availability and may be accommodated at our discretion. The payment will be applied to the rescheduled booking, provided the cancellation does not fall within the non-refundable time frame outlined in section 4(a).
(c) In the unlikely event that we need to cancel your reservation or booking, we will provide a full refund of your payment. We will make reasonable efforts to notify you of any cancellations as soon as possible and will work to reschedule your appointment at a more convenient time.
(d) Refunds, if applicable, will be processed to the original payment method within 5 business days after the cancellation request is approved. Please note that it may take additional time for the refund to appear in your account, depending on your financial institution.
(e) We reserve the right to modify or update this cancellation and refund policy at our discretion. Any changes will take effect immediately upon posting the updated policy on our website or notifying you directly.
5. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Webb Nutrition are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Webb Nutrition or its contributors.
(b) Webb Nutrition retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(c) You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
(d) You agree to indemnify and hold harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
6. Privacy
Webb Nutrition takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Webb Nutrition's Privacy Policy, which is available on the Website.
7. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Webb Nutrition will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Webb Nutrition make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Webb Nutrition) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Webb Nutrition; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be in Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
8. Limitation of liability
(a) Webb Nutrition's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) While we make every effort to provide accurate and evidence-based nutritional advice, it is important to understand that individual responses to dietary changes may vary. As such, we cannot guarantee specific health outcomes.
(c) Our recommendations are based on the information you provide regarding your health, dietary habits, and medical history. However, we do not have control over external factors that may impact your health, such as genetics, undisclosed medical conditions, or lifestyle choices not shared during consultations.
(d) You expressly understand and agree that Webb Nutrition, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. We do not accept responsibility for any adverse health outcomes that may result from following treatment plans based on incorrect or incomplete information provided.
9. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Webb Nutrition. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, Webb Nutrition will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
10. Termination
We reserve the right to terminate our services to any client at our discretion, without explanation.
11. Indemnity
You agree to indemnify Webb Nutrition, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) any direct or indirect consequences of you using the services, accessing, using or transacting on the Website or attempts to do so; and/or
(b) any breach of the Terms.
12. Venue and Jurisdiction
The Services offered by Webb Nutrition is 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 Queensland, Australia.
13. Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland, 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.
14. Severance
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.