These Terms and Conditions and Conditions govern the relationship between the Parties.

 

1. Parties

 

BETWEEN THE PARTIES

DietitianChong Pty Ltd (ACN: 613 884 398) (the ‘Company’) t/as Dietitian Catherine Chong in Australia.

• AND- 

You are the client, and Your details are set out on the Client Details Form. 

Dietitian Catherine Chong specialises in nutrition and diet counselling for reproductive conditions, optimising fertility, pregnancy and postpartum care (the ‘Services’). 

You have engaged the Company to provide the ‘Mastering Egg Health Program’. By continuing to work with the Company after receiving these Terms and Conditions, You accept the Terms and Conditions and agree to the below. 

These Terms and Conditions are read in conjunction with the Invoice provided to You at the time of providing these Terms and Conditions (the ‘Invoice’). 

 

2. The Engagement

The Company agrees to provide the Program for You, for the Fees, as set out in the Invoice.

The Company will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Program (the ‘Refund‘). 

The Company will periodically make updates to the core program, and you will have access to updated materials for as long as the Company continues to offer the Program Area to its clients, except for the one-on-one dietetics consultations, group nutrition coaching, workshop, email, or private forums support will only be valid for 90 days starting from the day of your enrollment. 

From time to time, we may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

The Company reserve the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

 

3. Participants

This Program is intended and only suitable for individuals aged 18 and above. Content in this Program may not be appropriate for children. The company hereby disclaims all liability for use by individuals under 18.

This Program is intended to be utilised by women trying to conceive in preparation for pregnancy.

 

4. Program Fees and Invoicing 

You agree to pay the Company the Program Fees set out in the Invoice. 

You may choose either a single payment or four biweekly payments.

If you opt for the payment plan, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. 

If any payment is not made, we shall immediately suspend your access to the Program and any bonuses.

You agree to make Payment of the Fees by credit card. You authorise the Company to keep Your credit card details securely on file.

You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by the Company for steps taken to enforce payment Terms and Conditions will be recoverable and payable by You.

You acknowledge and agree that the Company is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.

If applicable, unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the Services are provided outside Australia, GST is inapplicable.

 

5. Services Disclaimer

Dietitian Catherine Chong will maintain Accredited Dietitian status. 

You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Company’s relationship with you, its educational materials and interactions with you. As such, you agree that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

You agree to release and discharge the Company from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from the Company.

 

6. Refund Policy / Cancellation

If you decide your purchase was not the right decision, contact our team support@catherinechong.com.au and let us know you’d like a refund within 14 days after the date of enrollment. You are obligated to pay for the pro rata portion of the dietetics consultation that has been completed. 

The Company will only provide refunds for requests up to 14 days after enrollment. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless of whether you complete the program.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly instruct its payment processor to issue the refund. The Company do not control its payment processor and will not be able to expedite any refunds.

If you receive a refund for any purchase through this money-back guarantee, it shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including, without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.

If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to the reporting credit agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make payment for the amount of the chargeback.

If you have any questions or problems, please let us know by contacting our support team directly at support@catherinechong.com.au.

 

7. Warranty

The Company will use its best efforts and take all reasonable steps to help You achieve the desired results. However, the Company makes no warranty that the Program and Services will meet Your requirements or that all clients will achieve the same results. 

 

8. Liability

the Company’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

 

9. Disclosure and Use of Confidential Information

All obligations of confidence set out in these Terms and Conditions continue in full force and effect after the completion of the Services. 

the Company may disclose Confidential Information to its agents, employees or servants, authorised health service providers and for the purposes of practice research and quality assurance and improvement with Your prior consent.

Subject to 8(b), these Terms and Conditions prohibit the disclosure of Confidential Information by both Parties with exception to the following circumstances:

the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other Party has consented to the disclosure of such information to the professional adviser;

the disclosure is required by applicable law or regulation; or

if the confidential information is already in the public domain at no fault of the other Party.

 

10. Your Conduct In The Program; Use Of Your Materials

As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

 Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

 You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

 

11. No Transfer Of Intellectual Property; Limited License

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.You must not use such marks without the prior written permission of the Company. 

As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or any Company content for personal use you in no way assume any ownership rights of the content – it is still Company property.  Any unauthorised use of any materials found in the Program or content shall constitute infringement.  

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorised use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices on any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. The Company do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Your use of any materials found in the Program or content other than that expressly authorised in this agreement or by a separate written assignment, is not permitted (“Unauthorised Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorised Use, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to us that may not be adequately compensated for damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

12. Users Outside Australia

The Company controls and operates the Program from offices in Australia. The Company does not represent that materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

13. Governing Law; Resolution Of Disputes

This Agreement shall be construed in accordance with and governed by the laws of Australia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Australia in all disputes arising out of or related to the use of the Site, Content or Service.

 

14. Termination

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of termination.

In the event you decide to cancel your participation in the Program, You will not be issued a refund for any remaining days or months of the Program after your cancellation, and any remaining installment, default, or late payments will be due immediately.

In the event of cancellation or termination, you are no longer authorised to access part of the Program or its content. The restrictions imposed on you in this Agreement with respect to the Program and its content will still apply now and in the future, even after termination by you or the Company.

 

15. Indemnity

You agree to indemnify, defend, and hold Company, its managers, members, officers, directors, employees, consultants, agents, and representatives harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorney’s fees and related costs, which (i) arise or in part from your negligence or wrongful act(s) or omission(s); (ii) arise from or are related to a breach you have any express warranty contained herein; or (iii) failure to comply with this Agreement. The Company have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Agreement, the Site, Content or Service, or your access to or use of the Site, Content or Service.

If an action is brought against the Company in respect to any allegation for which indemnity may be sought, the Company will promptly notify you of any such claim of which it becomes aware and will: (i) provide reasonable cooperation to you at your expense in connection with the defence or settlement of any such claim; and (ii) be entitled to participate at its own expense in the defence of any such claim.

The company agrees that you will have sole and exclusive control over the defence and settlement of any such third-party claim. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects the Company’s rights or interests without the prior written consent of the Company.

 

16. Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

17. Modifications

Company may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Site, Content or the Service, and (iii) discontinue the Site, Content or Service at any time for any reason. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately upon such position. In the event of substantive changes to this Agreement, the new terms will be posted to the Site. If any modification is unacceptable to you, your only recourse is not to use the Site and Service and to request an immediate termination of your membership. Your continued use of the Site, Content or the Service following positing of a change notice or new Agreement on the Site will constitute binding acceptance of the changes.