Terms & Conditions

Welcome to our website. This website with URL address http://www.foods2flourish.com.au is owned and operated by Foods 2 Flourish (39807177410).

The term ‘Foods 2 Flourish’ or ‘us’ or ‘our’ or ‘we’ refers to Foods 2 Flourish, the owner of the website, whose registered office is ABN: 39807177410, New South Wales. The term ‘you’ or ‘your’ refers to the website user.

Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Foods 2 Flourish’s relationship with you in connection with this website. Please read the Terms of Service carefully before accessing our website. By using and accessing any part of the site, you are agreeing to be bound by these terms of service. Should you not agree with any of these terms and conditions, please do not use our website.

By visiting our site and/or joining the affiliate program, or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), this includes any additional terms and conditions and policies referenced herein and/or available via hyperlink. All users of the site are bound by these terms, including without limitation users who are browsers, vendors, customers, affiliates, merchants and/or contributors of content.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only.It is subject to change without prior notice. Melissa Cavenagh trading as Foods 2 Flourish is not a medical doctor and cannot diagnose or cure medical conditions. The information on this website is not intended to take the place of consultation with a medical professional.

If you are a practitioner, the site is not designed to take the place of your consultative process with your client. All meal plans purchased via the affiliate program on behalf of your client or directly by your client using the affiliate link, are purchased under this knowledge.

Those purchasing meal plans on the referral of your practitioner, or directly via the site do so knowing it is recommended that prior to making any changes to your current medical treatment or discontinuing medications, you should consult your primary doctor.

  1. This site is intended for use of those over 16 years of age, use of the site by those under the age of 16 years, must seek adult consent to interact with the site.  It is assumed that those under 16 years of age are using the site with the authorisation of their legal guardian.

 

  1. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: gender, email address, age or date of birth. However, this information can only be stored if you provide it – websites cannot gain access to information you didn’t provide to them, and they can’t access other files on your computer.

 

  1. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. Your use of this site is taken as an understanding that the information contained on the site is for general purposes and should not be relied on for making decision about your health, without consulting primary, more accurate and more complete sources of information, such as your primary physician. Any reliance on the material on this site is at your own risk.

 

  1. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This includes those purchased directly from the site or via an affiliate link.

 

  1. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All content is also bound by the Affiliate Terms and Conditions, please ensure you have read these prior to accessing the site. It is a condition of accessing this site that you have read and agreed to the Affiliate Terms and Conditions which set out your rights, responsibilities and benefits, around accessing and using the material on this site.

  1. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

 

  1. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

 

  1. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

 

  1. Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia.

 

  1. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. Please ensure you have read and understood all the policies on this site (Privacy Policy, Terms & Conditions, Affiliate Terms & Conditions).

 

  1. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

 

  1. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

 

  1. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

 

  1. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

These website terms of use are provided by and in conjunction with legalvision.com.au

 

ONLINE STORE TERMS & CONDITIONS: 

Age Requirements: Online purchases for meal plans via both the affiliate program or directly to Foods 2 Flourish (including individualised, ready-made and signature programs & plans) are for the purchase of those over the age of 18 years.  If you are under the age of 18 years it is assumed, that you have sought permission from your legal guardian to make the purchase and consent has been given for any minors to use this site and also make purchases.  Online consultations relating to individualised meal planning packages, with those under 18 years of age will not take place without the consent of a guardian.

General Conditions:   We reserve the right to refuse service to anyone for any reason at any time. This includes access to the affiliate program.

This site uses PayPal and/or Square to receive payments and you understand that your content (not including credit card information), may be transferred unencrypted and involve both transmissions over various networks and changes to allow adaptation to the technical requirements of connecting to another network or device.  Credit card information is always sent encrypted and we use PayPal and/or Square as a payment method to ensure your details remain safe and protected.

You agree not to reproduce, duplicate, copy, sell, share, resell or exploit any portion of the Service, use of Service, or access to the Service or any contact through which the Service is administered through our website, without express written permission from us.  This includes but is not limited to meal plans obtained via the ready-made plans, meal plans obtained using our individualised meal planning services, programs, ebooks, products or any other product or service that is made available on our site.

You may not use our products or services for any illegal or unauthorised purpose, nor may you violate any laws governing your jurisdiction, which includes but is not limited to any copyright laws.

You must not transmit viruses or worms or any destructive code to or via our site.

A breach or violation of any part of these terms and conditions, will result in immediate termination of your service.

Modifications to Services and Prices:   Prices for our products are subject to change at any time, without notice. The price listed at the time of purchase is the sale price, unless a coupon or discount code has been offered, this is solely at the discretion of Foods 2 Flourish.  Should you view the price and this change before purchase, we are not responsible for or required to provide the product at the previously advertised price.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at anytime.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service or product sale. If this applies to a membership where continued payments are taken on a direct debit basis, deductions will be ceased and you will be notified.

Practitioners please refer to the Affiliate Terms & Conditions relating to conditions regarding notification and details relating to changes in affiliate benefits and payments.

Meal Plan Terms & ConditionsPurchases of either ready-made or individualised meal plans are for the purchaser only, you may not reproduce or share any part of the content with other parties.  Should other parties wish to use the meal plans, please direct them to the website to purchase their own copy.  Sharing these plans with a third-party or reproducing and/or reselling of any part of the meal plan is prohibited and will be considered as copyright and a breach of these terms and conditions.

Signature Programs & Plans are subject to their own conditions relating to how these plans can be shared, please refer to the Signature Programs Terms & Conditions.

Affiliate Program: Your rights & responsibilities regarding our affiliate program are set out in the Affiliate Terms & Conditions, which outlines but is not limited to the terms of use of this service, access to this service, benefits payable and what constitutes an affiliate sale. Please refer to these Terms & Conditions Separately, before joining the program.

Products & Services: Some services and products may be exclusive to online services only and we reserve the right, but are not obligated to limit the sales of products or services to any person, geographic region or jurisdiction. This may be exercised on a case-by-case basis.

We do not offer a warranty that the quality of any product, service, information or other material purchased or obtained by you, will meet your expectations.  Should you have any concerns with the product/service or complaints please contact us at hello@foods2flourish.com.au and we will endeavour to rectify the situation. We do not however, confirm that any refund or compensation for unmet expectation or change of mind, will be provided.  Please ensure you read the description of the product before purchase, as refunds are not offered (unless specified in the description).

Accuracy of Billing & Account Information:  We reserve the right to refuse any order you place with us, at our discretion.  These restrictions may also apply to those living at the same billing address, using the same customer account, the same credit card and/or the same email address.  Should we make a change to or cancellation of your order you will be notified via the email address provided.  It is your responsibility to ensure a correct email address is supplied at the time of purchase.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your customer information, which includes your email address and credit card details (including expiry date), so that we can complete transactions and contact you.  For further information please refer to our Returns  & Refund Policy. 

Optional Tools:  We may provide you with access to or we may use, third-party tools over which we have no control, nor do we monitor: this includes but is not limited to PayPal, Square and Zoom Meeting Room.

You acknowledge and agree that we provide you with access to these third-party tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever, arising from or relating to your use of the optional third-party tools.

Any use of any optional third-party tools offered on this site or accessed through this site is at your own risk and discretion.  You should ensure you are familiar with and approve the terms of use for each optional third party tool, provided by the provider.

We may also in the future offer additional optional tools, new services and/or features through the site (including the release of new resources).  Any new features and/or services shall also be subject to these terms and conditions or service.

Third Party Links:  Certain content, products and services available via our Service may include materials from third parties. Any third party links, may direct you to a third party website that is not affiliated with us and that we have no control over. We are therefore, not responsible for examining or evaluating this content or its accuracy, we do not offer any warranty or protection from interactions that occur with these third parties.  This includes their information, products, services, resources or materials gained via interaction with the third-party site.

We cannot be held liable for any harm or damages related to the purchase of goods, services, content, materials, resources or any other transactions made with these third-party sites.  It is your responsibility to review carefully the third parties policies & procedures and access their services at your own discretion and risk.

Personal Information: Your submission of personal details via our online store is governed by our  privacy policy , please review this at your earliest convenience.

Our Rights:  The failure of us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

These terms and conditions and any separate agreements whereby we provide you Service, shall be governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia.