Terms and Conditions

1. DEFINITIONS

  1. Customer means the party engaging the services of KDF, including but not limited to members and users of the Website. In the event that the Customer is a minor, as defined by the country in which the Customer consumes the service of KDF, then the guardians of that minor are to accept these terms and conditions on that minor’s behalf prior to the delivery of any services.
  2. KDF/we/us/our means KDF Nutrition Pty Ltd ABN 11 163 301 415 trading as Kids Dig Food.
  3. Services/services means the services provided by KDF, including, but not limited to the content of the Website, products and services sold on the Website such as online courses, webinars, workshops, and Private Consultations.
  4. Terms means these terms and conditions of trade and terms and conditions of the use of the Website.
  5. Website means https://kidsdigfood.com.au; https://kidsdigfood.vipmembervault.com; https://www.facebook.com/kidsdigfood/; and https://www.instagram.com/kidsdigfood/

2. PRIVATE & BUSINESS CONSULTATIONS

  1. KDF provide private sessions with Customers and businesses to give nutrition advice specific to their circumstances.
  2. During these sessions, KDF relies on the quality and accuracy of the information provided by the Customer to KDF. Should this information be incorrect or untruthful, then the services being provided by KDF may not have the desired or intended effect, and at worst, may be dangerous to the health of the Customer. The Customer warrants that the information he or she provides to KDF is accurate and truthful to the best of their knowledge and accepts that if this information is not, it may cause them significant personal injury, or at worst, death.
  3. The Customer should always consult a doctor before starting a program or changing his or her diet. Not all nutrition programs or activities are suitable for everyone. The information presented by KDF in a consultation is in no way intended as a substitute for medical, or psychological counselling. The Customer warrants that he or she has sought the appropriate advice and have been cleared to seek the services of KDF without limitation.
  4. Private Consultations are subject to these Terms to the greatest extent afford by the Laws of Australia and KDF’s obligations as an Accredited Practising Dietitian.
  5. Business Customers agree that given the often-broad nature of the advice given, which is designed to be applicable to a large number of individuals, that advice must necessarily be general in nature. It is important for the business to identify any specific needs individuals might have so that those needs may be catered for by KDF. Given the generality of the advice given the business Customers, business Customers agree the Limitation of Liability paragraph 3 below shall apply.
  6. The Customer hereby releases KDF and its principals, agents, employees, trainers, and volunteers from any claims, demands, and causes of action as a result of the Customer’s voluntary and fully informed participation in the services provided by KDF.
  7. The Customer agrees that any techniques or methodologies implemented by KDF remain the intellectual property of KDF and may not be used outside the terms of this engagement, save for where expressly provided for.
  8. These terms may be updated at any time, and on that basis, KDF recommends that the Customers considers the Terms in full on each attendance with KDF.

3. WEBSITE TERMS AND CONDITIONS OF USE

  1. INTRODUCTION
    1. The Website is provided by KDF.
    2. In these Terms, an individual visitor to the Website is referred to as ‘you’ irrespective of whether the visitor becomes a Customer.
    3. By proceeding to use the Website, you agree to be bound by these Terms, in their current form and as they may be amended by us from time to time.  If you do not accept these Terms, you must discontinue your use of the Website immediately.
    4. These Terms are governed by the laws of Australia and the Australian courts have exclusive jurisdiction in any dispute arising out of or in connection with your use of the Website.
    5. The Website is intended to be used by Customers in the jurisdiction of Australia. Users outside this jurisdiction should cease their use of the Websites.
    6. If you have any queries or complaints regarding the Website or these Terms, please contact us at admin@kidsdigfood.com.au.
  2. CHANGES TO THESE TERMS AND THE WEBSITE
    1. We may revise these Terms of use at any time. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
    2. We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
  3. INFORMATION PUBLISHED ON THE WEBSITE
    1. We take reasonable precautions to ensure that information published on the Website is accurate, but we do not guarantee its accuracy.  You should take appropriate steps to verify information displayed on the Website before relying on it.  Downloading material from the Website is done at your own risk and any materials provided via the Website are provided on an “as is” basis.
  4. ONLINE COURSES, WORKSHOPS (ONLINE AND IN PERSON), WEBINARS & WEBSITE CONTENT
    1. KDF publishes or sells information, and courses on its Website regarding nutrition, diets, and health and wellbeing and lifestyle.
    2. Any statements made about the use of any products, online courses, workshops, webinars or Website, or content of the online courses, workshops, webinars or Website is made generally and may not be applicable to all circumstances. Customers agree the Limitation of Liability paragraph 3 below shall apply.
    3. The Customer acknowledges that any advice given during an online course, workshops, webinars or on the Website is general in nature and may not apply to all circumstances. This material is designed to be informational and educational and is not a substitute for individual nutrition, medical or mental health advice. The Customer may make specific enquiries of KDF during the delivery of these services, however, notwithstanding the enquiries may be specific to the Customer, the advice given is unqualified and remains only for informational and educational purposes. Before implementing any changes to his or her diet or lifestyle, the Customer should seek specific, tailored, individual advice.  In the event the Customer seeks nutrition advice specifically tailored to their circumstances, they should contact KDF via email to admin@kidsdigfood.com.au and should, in any event, speak with their doctor or mental health care provider.
    4. In participating in the online course, workshops or webinars or by purchasing the products, the Customer agreed that they shall not duplicate the contents or otherwise modify any of the same save for that required for their own personal enjoyment of the contents therein.  The reservation of rights in relation to copyright and intellectual property provided in these Terms applies to the content in any online course, workshops, webinars or product.
    5. The Customer acknowledge that their conduct in the online courses, workshops and webinars may affect the enjoyment of other Customers and the panelist/s participating in the same.  In participating in online courses, workshops and webinars, the Customer agrees to conduct themselves in a respectful and professional manner, measured against a reasonable person in the same circumstances.
    6. The Customer agrees to be bound by this code of conduct, failing compliance with this, KDF may immediately terminate the Customer involvement in any online courses, workshops and webinars facilitated by KDF, without prior notice.
    7. The Customer must:
      1. Be honest;
      2. Be respectful;
      3. Be patient; and
      4. Comply with all laws.
    8. The Customer acknowledges that KDF, in its sole discretion, may expel them from an online course, workshop or webinar session should the conduct of the Customer fall below the standard expected by KDF in these Terms.
    9. The Customer indemnifies KDF for any claims made by other participants regarding the conduct of the Customer during online courses, workshops and webinars.
    10. Given the nature of the online courses, workshops and webinars sold on the Website, no refunds shall be offered, subject to the application of the Australian Consumer Law.
    11. The Customer may require certain software to be installed on their device in order to properly review the Website, online courses, workshops and webinars.  The Customer warrants that they have installed this software and have considered the terms and conditions of use of the software provider.  KDF accepts no liability for any damage suffered in the use of the third-party software required to open the literature and extends any waiver of liability in relation to the use of third-party products in these Terms to this condition.
    12. Subject to these Terms, online services made available may be removed from publication without prior notice.  KDF endeavours to ensure that online services are made available to Customers for a period of at least six (6) months from the purchase of the online services by the Customer, however, this is not guaranteed and may be dependent on commercial factors such as the demand for the online services, capacity of the Website and feedback from Customers.
  5. SECURITY FOR ONLINE TRANSACTIONS
    1. Any online transactions completed with KDF are completed via third parties using SSL technology, which provides high level encryption for online transactions.
    2. Any online payment is transacted via third party providers and subject to the terms and conditions imposed by those providers. KDF encourages customers to consider the terms and conditions of these providers before electing that particular payment method.
    3. Often, third party providers impose a small fee for processing the transaction. This fee is passed on the to Customer and will be itemised during the transaction.
  6. VIRUSES
    1. We do not guarantee that the Website will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
    3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
  7. LIMITATION OF LIABILITY
    1. We provide the Website and the services without warranty of any kind. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website or in online courses, workshops and webinars is accurate, complete or up-to-date.
    2. Nothing in these Terms excludes or limits our liability regarding subject matter or a cause of action that cannot be excluded or limited by Australian law.
    3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. This limitation of liability applies also to the use or participation in our online courses, workshops and webinars. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation.  We will not be liable for any indirect or consequential loss or damage.
    4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
    5. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
    6. We do not guarantee that the Website will always be available or be uninterrupted and reserve the right to suspend access to the Website without notice.
    7. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      • to cancel your service contract with us; and
      • to a refund for the unused portion, or to compensation for its reduced value.

      You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  8. INTELLECTUAL PROPERTY RIGHTS
    1. Unless otherwise stated, we are the owner or the licensee of all intellectual property rights on our site, and in the material published on it, including the online courses, workshops and webinars which Customers may be directed to from the Website.  All works are protected by copyright laws and treaties around the world. All such rights are reserved.  Nothing in these Terms operates to transfer, assign or grant any of those rights to you.  You must not reproduce or use literature, content, images, trademarks or names displayed on the Website or in the workshops and webinars other than for your personal use without written permission of the owner.
    2. Unless specifically prohibited by a notice published on any page, you may make a print copy of any parts of the Website or the material on the Website, including the seminars, that you require for your own personal use, provided that in doing so you do not remove or alter any trademark, copyright or other proprietary notices contained in that part of the Website. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on our Website or the workshops and webinars for commercial purposes without obtaining a licence to do so from us or our licensors, if any.
  9. THIRD PARTY WEBSITES
    1. We assume no responsibility for the content of any websites linked on our Website or websites from which you have accessed our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  10. DATA AND PRIVACY
    1. We are committed to protecting your privacy.  Please see our Privacy Policy for details of how we treat information which you provide to us via the Website.

4. GENERAL TERMS

  1. OUR PRICES AND FEES

    1. All charges & prices for services carried out by KDF may include GST at the prevalent rate.
    2. All prices quoted are Australian Dollars.
    3. All prices quoted, are for the listed and mentioned services only and are subject to change in line with third party providers, the Australian dollar and other unforeseen circumstances.
  2. PAYMENT FOR SERVICES
    1. Payment is required upon delivery in order to participate in or receive any services being provided by KDF.
    2. Failure to make payment on delivery may result in the Customer being removed from a scheduled appointment.
  3. REFUND POLICY AND CANCELLATION POLICY
    1. KDF has a ‘no refund’ policy due to the individualised content of each program developed for Customers. Obviously, this is subject to Australian Consumer Law. If there are any issues with the services you have been provided, please contact KDF via email to admin@kidsdigfood.com.au.
    2. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      • to cancel your service contract with us; and
      • to a refund for the unused portion, or to compensation for its reduced value

      You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

      If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.