Terms and Conditions

Welcome to www.ameliaphillips.com.au (‘Website‘). The Website provides general information on nutrition, fitness and health.

The Website is operated by Tallboy Holdings (ABN 94641243594) t/a Amelia Phillips Health. Access to and use of the Website, or any of its associated Products or Services, is provided by Amelia Phillips Health. 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.

Amelia Phillips Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Amelia Phillips Health 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.

Purchase of Programs & Services

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 Amelia Phillips Health in the user interface.

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 Amelia Phillips Health in the user interface.

Your obligations as a Member

As a Member, you agree to comply with the following:
  1. you will use the Services only for the purposes that are permitted by1 )the Terms: and 2)Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Amelia Phillips Health of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Amelia Phillips Health providing the Services;
  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Amelia Phillips Health;
  6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Amelia Phillips Health for any illegal or unauthorised use of the Website; and
  8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Payment

Where the option is given to you, you may make payment by way of:
  • All payments made in the course of your use of the Services are made using . 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 terms and conditions which are available on their website.
  • You acknowledge and agree that where a request for the payment of the is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the .
  • You agree and acknowledge that Amelia Phillips Health can vary the terms at any time.

Refund Policy

The Inner Vitality program has a 7 day no questions asked money back guarantee.   

The cost of the blood test is not included in the refund, if it has already completed.

In the event that you choose to request a refund within the specified timeframe, you will receive a refund for the program fee, minus the value of the blood test ($232) if already completed.

Program Delivery and Licence Information

Each purchase of a Program grants to you access to the program through the platform provided (the ‘learning portal’). 

When you purchase a Program , Amelia Phillips Health grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).

The Licence is valid for the Program term only (‘Licence Term’). This means the Program will be viewable via the download link for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Program. 

The Programs are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Program materials, booklets, and access to any other aspect of the Program . 

Third Party Services

The program includes blood testing services provided by an external party. While we facilitate access to these services as part of our program, we are not responsible for the actual provision of these services. Any interactions, agreements, or transactions with the third-party blood testing provider are solely between you and the provider. We encourage you to review their terms of service, privacy policy, and practices to ensure your understanding of their services. We shall not be liable for any actions, errors, omissions, or liabilities arising from your engagement with the third-party blood testing provider.

Copyright and Intellectual Property

The Website, the content and all of the related products of Amelia Phillips Health 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 content 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 content are owned or controlled for these purposes, and are reserved by Amelia Phillips Health or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Amelia Phillips Health, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.

Amelia Phillips Health does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Amelia Phillips Health. Amelia Phillips Health retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. 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), to you.

You may not, without the prior written permission of Amelia Phillips Health and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Amelia Phillips Health takes your privacy seriously. When you purchase or use a product or service on the Website, you may be asked to enter personal information such as name, email address, date of birth, weight, measurements or other information.We do not disclose information about you publicly or to other third parties by us unless it is authorised or required by law. We will retain your information for as long as your account is active or as needed to provide you services.If you have any concerns about how we handle your personal information or require further information please contact ap@ameliaphillips.com.au

Programs & Services Disclaimer

You agree that when you purchase the Programs or 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 Amelia Phillips Health’s relationship with you, its educational materials and interactions with you. As such, you agree that Amelia Phillips Health is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Programs or Services it provides.

You understand that the Programs and Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Programs and Services are not to be used as a substitute for professional medical, psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent medical care and professional guidance as needed. Seek the advice of your doctor or other qualified health providers with any questions you may have regarding a medical condition. Inform your doctor of any changes you may make to your lifestyle and discuss these with your doctor. Do not disregard medical advice or delay visiting a medical professional because of something you read or hear in the Programs and Services. 

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

You understand that in order to enhance the relationship and sessions with Amelia Phillips Health, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Programs and Services.

General Disclaimer

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.

Subject to this clause , and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Amelia Phillips Health 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 content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the content is at your own risk. Everything on the Website and the content is 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 Amelia Phillips Health make any express or implied representation or warranty about the content or any products or content (including the products or content of Amelia Phillips) 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:

  1. 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;
  2. the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the content or any of the products of Amelia Phillips Health; and
  4. the content or operation in respect to links which are provided for your convenience.

Information Disclaimer

The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.

Limitation of liability

Amelia Phillips Health’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

You expressly understand and agree that Amelia Phillips Health, 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.

You acknowledge and agree that Amelia Phillips Health holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

Indemnity

You agree to indemnify Amelia Phillips Health, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.

Venue and Jurisdiction

The Services offered by Amelia Phillips Health are 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 New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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.

Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Amelia Phillips Health for marketing purposes.
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