Terms & Conditions of Access to Personalised Nutrition Plans

1. Registration

You are subscribing through this website, fant.com.au (“Website“) to access personalised nutrition and diet planning information (“Nutrition Plans”) which is delivered through a software platform and database (“Platform”) which is owned and maintained by Victus Health Trading Pty Ltd (“Victus Health”). Elizabeth Mountford – Food and Nutritional Therapies (“FANT”) owns a licence to this software, which allows it to set up Nutrition Plans for its patients and other parties.

By clicking “Accept” you are agreeing to accept and be bound by these terms and conditions, which form the basis of the agreement between You and FANT (“Agreement“), whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian. If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.

Subscription as a member covers a set time frame and access will be removed and your profile archived if you do not pay to continue the subscription. Your profile can be re-activated at any time. If you, or a user on whose behalf you subscribe (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that FANT is entitled to suspend or terminate your use of the Platform at any time if FANT considers that you have brought, or may bring, the reputation of FANT into disrepute.

Upon completion of the subscription purchase and received monies, you will be provided with a username and password to access the Platform. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

2. Advice From Medical Professional

Prior to making significant changes to your diet, it is important that you consult with your health care professional to ensure that the changes are appropriate based on your current health. Where you have not sought the professional advice of FANT prior to changing your diet, you warrant to FANT that you have taken appropriate advice from a health professional who has approved the dietary changes before subscribing to the Platform.

No information provided by the Platform or FANT (unless provided by a private consulation) is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

3. Restrictions On Use

All rights not expressly granted to You under this Agreement are reserved. Without limiting the foregoing, You must not, directly or indirectly:

(a) modify, adapt, reverse disassemble, decompile or reverse engineer the whole or any part of the Software or otherwise attempt or allow any other party to attempt to discover the source code of the Software or to obtain the algorithms by which the Software performs its functions;

(b) in connection with the Software, use, share, upload, create or deal in any way with material that contains “viruses”, “trojan horses”, “copybots”,“worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functioning of the Software data and other information used in connection with the Software;

(c) sublicense, rent, lease, re-sell or lend any portion of the Software;

(d) remove any proprietary notices from any copy of the Software;

(e) make any false, misleading or deceptive statement or representation regarding FANT or Victus Health Trading and/or the Software; and

(f) use the Software to, or in any way that would, violate any applicable law, regulation or ordinance.

4. Payment Terms

You agree to pay the fees associated with your chosen package (“Subscription Fee“) monthly in advance.

The Subscription Fees must have been received by FANT in order for You to be permitted to access and use the Platform.

The Subscription Fee covers the set up of your Nutrition Plan based on the parameters provided by you when purchasing the Nutrition Plan. Changes to your subscription Nutrition Plan need to be performed by FANT and one change to the type of Nutrition Plan is included in the Subscription Fee per month, for example, changing from a Paleo to a Low Sugar Nutrition Plan.

We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

Our subscription fee and other charges are, where relevant, GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

All fees are non-refundable and are non-transferable, unless during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 72 consecutive hours. In this circumstance, a pro rata refund may be granted upon written request by email at lizmountford@fant.com.au, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email etc).

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.

Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.

All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund.

Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

5. Personal Information Collection Notice

When using the Website for general purposes, or for registering for access to the  Platform, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material generated by FANT to you.

While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located elsewhere in the world from time to time.

6. Your Privacy

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information on the Client Profile to Victus Health for the purpose of establishing you with a personalised profile on the Victus software platform, promoting the service as well as to financial service providers to allow processing of your payments. You also consent to Victus Health collecting and storing your personal information (in a de-identified manner) for the purposes of the advancement of medical research.

We regard your privacy as important. You agree that your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website.

7. IT Support

FANT is responsible for the establishment of your profile on the platform. Once complete you will have full access to your personalised Nutrition Plan. Ongoing support for the use of the platform is provided directly by Victus Health and contact details for Victus will be provided once your profile is set up. FANT is not responsible for providing any support post registration other than changes to your profile.

Victus Health Trading will:

(a) use reasonable endeavours to maintain the Software and enable access to it on a 24/7 basis;

(b) use reasonable endeavours to let You know in advance of any planned maintenance of the Software that will affect Your access to the Software and try to limit planned maintenance to fall outside of 9am – 5pm Australian Eastern Standard Time;

(c) provide access to online help guides and other resources at its discretion;

(d) provide telephone or email support during the business hours of 9am – 5pm Australian Eastern Standard Time;

8. Intellectual Property

The content and design of the Platform is subject to copyright, which is reserved and owned by Victus Health. You must not copy, adapt, store, transmit, print, display, perform, publish or create derivative works from any part of the platform; or commercialise any information, products or services on this website or the Platform.

9. Email Communication

When you accept these terms and conditions we will automatically subscribe your email address to the FANT Newsletter, which keeps you updated with new features, offers, promotions and partnerships. You can unsubscribe from either or both (or neither) of these at any time though.

10. Indemnity

We rely on you to comply with these terms of use, so if FANT suffers loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs. You also indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the website.

11. Governing Law

These terms are governed by the laws in force in Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.