Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms and Conditions, please do not use this website. 

• Who we are and how to contact us

1. https://thenutrathrivecollective.com/ is a website (“Website”) operated by The NutraThrive Collective under ABN 55 675 096 851 (we, us and our).
2. To contact us, please email [email protected] or via the Facebook groups linked to our paid programs once you have become a Member. 
3. We offer The NutraThrive Collective Course online course and Webinars via the Website from time to time (‘Course’). Reference to the Website, includes the Course.

•  Agreement

1. By using or visiting our Website or purchasing our Courses or Webinars, you confirm that: (A) you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website; (B) you are at least 18 years of age, residing in Australia and using this Website within Australia. We may, at any time, revoke your membership should we have any reason to believe that you have misrepresented your age.

• We may make changes to these Terms

1. We may amend these Terms from time to time. Every time you wish to use our Website, the Courses or Webinars, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to participate in the Course, after the amendments take effect, you agree to be bound by the Terms as amended.
2. These Terms were most recently updated on 29th September 2024.

• We may make changes to our Website

1. We may update and change our Website from time to time to reflect changes to the Course, products, our users' needs, changes in law and our business priorities.

• We may suspend or withdraw our Website

1. We do not guarantee that the Courses, the Webinars, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 
2. This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website, Courses, Webinars, or Resources. 

• Our Webinars 

1. We offer Webinars for patients, carers and health professionals for purchase on our website.   
2. Webinars are delivered via email to the buyer after purchase. 
3. All Webinar content Including any materials, documents, video content, interactive learning content, quizzes and assessment, podcasts, LIVE education, LIVE guest speaker sessions, recorded guest speaker sessions, ebooks, etc that we may provide you as part of the Webinar remains the intellectual property of The NutraThrive Collective. No part of the Webinar content or resources are permitted to be shared, replicated or reproduced. 
4. We will deliver the Webinars and/or prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.  
5. We reserve the right to vary the Materials, Webinar content and any assessments in our sole discretion. 
6. Completion of the Webinar will not result in any formal qualification. The Webinars are informational only and are not provided by a registered educational institution. 

• Our Courses 

1. We will provide the following Courses to you through the Website:
1. The NutraThrive Collective Signature course is an online nutrition course, currently comprising of 13 modules which aims to supporting persons with cancer;
2. The NutraThrive Collective Bootcamp course provides members with access to The NutraThrive Collective Signature course content, and additional online coaching and online drop in sessions.   
3. Including any materials, documents, video content, interactive learning content, quizzes and assessment, podcasts, LIVE education, LIVE guest speaker sessions, recorded guest speaker sessions, ebooks, etc that we may provide you as part of the Course (“Materials”) 
4. Enrolment in the course includes membership to a closed Facebook group, providing a platform for discussion, monthly speakers and additional resources. Access is limited to active course members and governed by our standard terms, ensuring a secure and respectful environment for all participants (“Facebook Group”).
2. We will deliver the Courses and/or prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws. 
3. The Courses will ordinarily be provided by the day/time and method indicated on the Website, or otherwise in any manner determined by us, including email, videoconferencing, such as zoom, SMS, social media or other platforms at our discretion. We will not be responsible for any failure in delivery of the Courses due to errors or delays caused by your email host, internet provider or other security provider. 
4. We reserve the right to vary the Materials, Course content and any assessments in our sole discretion. 
5. Completion of the Course will not result in any formal qualification. The Courses are informational only and are not provided by a registered educational institution. 
6. We reserve the right to postpone the delivery of the one-to-one element of the Course in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement.
7. We and our personnel deliver the Courses. Where we are unable to deliver the Course for any reason, we reserve the right to deliver the Course through a substitute or an alternative service provider.

• Registration to use the Course

1. To access the Courses and Facebook Group, you must first register for an account through the Website. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
2. You will be invited to become a Member following the payment of the Course Fees. You will receive access links to the Course on Kajabi as well as the links to join the closed Facebook group. 
3. As part of the registration process, or as part of your continued use of the Course, you may be required to provide personal information about yourself (such as identification or contact details).
4. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make changes to your membership such as your contact or payment details.

• Your obligations as a Member

1. As a Member, you agree to comply with the following:

1. you will use the Course only for purposes that are permitted by:

1. the Terms; and

1. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

1. The Courses, Materials and information provided by us, is strictly confidential and is provided to you for your personal use only. We reserve the right to immediately terminate your membership if we suspect you have shared, or allowed the sharing, of any information with a non-member;
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 Course. You must immediately notify us of any breach of your user details; 

1. you will not use the Course, Materials or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing;

1. you will not use the Course or Website for any illegal and/or unauthorised use which includes collecting other Members’ data and sending unsolicited emails;

1. you agree that commercial advertisements, affiliate links, and other forms of solicitation uploaded by you may be removed from the Website without notice and may result in termination of the Course; 

1. where we allow you to post any content on the Website, the Facebook Group or any other channel, you agree that you will not post anything or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. We have the right to take down this information at our sole discretion and without notice; and 

1. you acknowledge and agree that any automated use of the Website or its Course is prohibited.

• Access to Facebook Group

1. As part of your enrolment in the Course, you will be granted access to a private, members-only Facebook group (“Facebook Group”). This Facebook Group serves as a platform for discussion, features monthly speakers, and provides additional resources exclusively for active course members. Membership and access to the Facebook Group are conditional upon your active membership status in the Course and adherence to these Terms.
2. The Facebook Group is governed by the same standards of conduct and confidentiality as set forth in these Terms. You are expected to maintain a respectful and professional demeanour at all times while interacting within the Facebook Group. Any behaviour deemed by us to be disruptive, disrespectful, or contrary to the spirit of the Course and its community may result in the immediate termination of your access to the Facebook Group and, potentially, the Course itself.
3. The Facebook Group is for general information purposes only. You should not post any questions about or request for urgent or pressing health concerns or issues. 
4. Your participation in the Facebook Group is subject to both these Terms and the applicable Facebook terms and policies. You acknowledge that the Facebook Group is a value-added benefit to the Course and not a guaranteed right. We reserve the right, in our sole discretion, to modify, suspend, or terminate access to the Facebook Group at any time, without notice, for any reason whatsoever.

• Standard of Conduct

1.  You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on our Website.  By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.
2. You agree that you are solely responsible for all User Content that you make available on or through our Website.  You represent and warrant that: 

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

1. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
2. In particular, you warrant that your User Content will not:

1. Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Be likely to deceive any person;
4. Promote any illegal activity, or advocate, promote or assist any unlawful act;
5. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
6. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
7. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
8. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

1. Whenever you make use of a feature that allows you to upload User Content, or to make contact with other users of our Website, you must comply with the content standards in this clause.
2. You warrant that any such contribution complies with these standards, and you will be liable to us for any breach of that warranty.  In the event of such a breach, your right to use our Website will cease immediately.

• Payment

1. If you opt for an annual subscription you must pay the then current fees for the Course prior to the Course commencing (“Course Fee”) by way of credit card payment.
2. If you opt for a monthly course subscription you are required to pay monthly and on time. 
3. You accept that you are required to pay the full amount of the Course Fees even if you do not complete the Course.
4. If you opt to pay by monthly instalments you are required to pay on the due date to remain an active member of the courses. Subscriptions will be cancelled if the member fails to pay after 14 days of the due monthly installment date. 
5. Discounts may be offered to financially disadvantaged individuals with valid proof of financial hardship, pension, or DVA status. Such requests will be considered on a case-by-case basis. Both parties acknowledge and accept this provision, subject to the submission of appropriate documentation for verification.
6. Payment for Course Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard or American Express debit or credit cards or via PayPal, Stripe, Apple Pay or Google Pay. We will suspend your membership if the Course Fee is not paid in advance.
7. You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on that third party website.
8. You will be liable for any banking fees and charges and other fees including administration fees where there has been a refund or denial of the Course Fee by your banking or credit institution. 
9. Should we consider it necessary to vary the Course Fee at any time, we will provide you with reasonable notice and you may elect to cancel before the changes take effect.

• Refund Policy

1. In accordance with Australian Consumer Law, we are committed to providing a high-quality service to our members. If for any reason, you are dissatisfied with the purchase of our Courses or Webinars please review our refund policy below.
2. Nothing in this refund policy will exclude or limit any of your rights under Australian Consumer Law or any other legal rights which cannot be excluded or limited.
3. Please note that refunds are not provided for change of mind, or for any other reason that is not covered under Australian Consumer Law.
4. If the Course or Webinar has a major failure, as defined under Australian Consumer Law, you are entitled to either a full or partial refund depending on the circumstances of the fault. We will refund you the Course or Webinar Fees if you cannot obtain access to the Course or Webinar due to a fault of ours and not your internet service providers. 

• Intellectual Property and Copyright

1. We own the intellectual property rights in the Courses and Webinars, Website and Materials, and you will have a non-exclusive, non-transferable licence to use the Courses and Webinars and Materials for your own personal purposes. 
2. You may not, without the prior written permission of The NutraThrive Collective: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the online Course content or Webinars provided through the Courses or Webinars, unless otherwise permitted by these Terms.

• Privacy

1. You agree to allow us to send you electronic communication (including email and SMS) regarding the Course, including any information regarding or relating to our Course, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices. 

• Competitors

1. If you are in the business of providing similar courses to consumers for a commercial gain, whether business consumers or domestic consumers, then you are our competitor. Competitors are not permitted to use or access our Courses, Webinars, Website and Materials. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

• General Disclaimer

1. 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.
2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
3. By using our Website, Courses, Webinars, Materials or Facebook Group, you agree that we are not to be held liable for any decisions you make based on any of the Courses, Webinars, Materials, Facebook Group  or guidance and any consequences, as a result, are your own. Under no circumstances can you hold us liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, Materials or techniques used or provided by us.
4. All our information on both the Website, Materials, Facebook Group, Webinars and in Courses are informational only, not tailored to your specific circumstances and is for general informational purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the information, Materials, Webinar and Course content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Results are not guaranteed and we take no responsibility for your actions, choices or decisions.
5. Any advice or information given as part of the Courses, Webinars and the Materials is not intended to be a substitute for professional advice. Always seek the advice of a qualified industry professional with any questions you may have regarding any matters. Never disregard qualified professional advice or delay in seeking it because of anything contained in the Courses, Webinars or Materials. 
6. We do not actively monitor, review, or edit User Content or products posted or shared by other members or guest speakers on our Website, through the Courses or in the Facebook Group. As such, we are not responsible for, nor do we endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or products posted by the members or endorse any opinions expressed by member or guest speakers. Do not rely on any information or advice contributed by another member. 

• Limitation of liability

1. Both parties’ total liability, save for your non-payment of the Course Fees, or any of our loss arising out of your unauthorised disclosure of the Content, both of which is uncapped,  arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to you, or the Course Fees paid by you in the preceding 12 months. 
2. Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
3. Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

• Termination/Cancellation 

1. Subscriptions to our course are available via monthly or annual subscriptions, as the Course remains available online. 
2. You may cancel your membership and access to the Facebook Group at any time. Cancellation notice should be sent, in writing, to us at [email protected] . Any requests for cancellations will be addressed within 10-14 days. 
3. No refunds will be given for cancellations made within 48 hours of the Course commencing or during the Course. 
4. We may at any time, terminate the Terms with you if:
1. you have breached any provision of the Terms or intend to breach any provision;
2. we are required to do so by law;
3. if your conduct impacts our name or reputation or violates the rights of those of another party; or
4. the provision of the Course to you by us is, in our opinion, no longer commercially viable.
5. We will give you 2 weeks notice of termination if we choose to terminate under clause 18.4(d).
6. Upon termination of these Terms, your membership will be revoked, and you will no longer have any right to use the Course or the Materials or be a part of the close Facebook group. Any outstanding Course Fees will become due and payable by you. Any Course Fees paid in advance are non-refundable. 
7. Webinar fees are non refundable unless they are unable to be delivered through the fault of the provider. 

• Third-Party Products and Endorsement Disclaimer

1. We do not endorse, support, sanction, or verify the products, supplements, or services offered or mentioned on the Website or through the Course. The information related to third-party products, supplements, or brands is provided for informational purposes only and should not be interpreted as an endorsement or recommendation. We make no representations or warranties of any kind, express or implied, as to the operation, integrity, quality, legality, or reliability of any third-party products, supplements, or services. The inclusion of any third-party content does not imply affiliation, endorsement, or adoption by us. Members should conduct their own due diligence and exercise caution when considering the use of third-party products or services.

• We are not responsible for viruses

1. We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
2. You are responsible for configuring your technology to access our Website. You should use your own antivirus software.

• We are not responsible for websites we link to

1. Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.

• Corporate Licences 

1. Subject to these Terms, entities such as corporations, partnerships, and sole proprietors ('Entity') may purchase a set number of licenses to allow multiple individual users ('Authorized Users') within the Entity to access and use the Course. The number of Authorized Users shall not exceed the number of licenses purchased by the Entity, and each Authorized User must be identified by the Entity to us prior to accessing the Course. 
2. The Entity agrees to be responsible for the compliance of these Terms by all Authorized Users and shall ensure that the Course and Materials are only accessed and used by Authorized Users as permitted by these Terms. The Entity will be liable for any breach of these Terms by any of its Authorized Users. The Entity undertakes to immediately inform us of any unauthorized use of the Course or Materials by any of its Authorized Users or any other breach of security. The Entity agrees that Authorized Users may be provided access to the Course and Materials solely for the Entity's internal business purposes and not for the benefit of any third party, including subsidiaries or affiliates of the Entity, without our prior written consent.
3. The licenses granted hereunder are non-exclusive, non-transferable, and non-sublicensable except as expressly provided in these Terms. The Entity acknowledges that all rights, title, and interest in the Course, Website, and Materials, including any updates, enhancements, and new versions, remain with us and our licensors, and no implied licenses are granted under these Terms.

• General

Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation. 

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation.  You agree that we will not be held liable for any delay or failure in performance of any part of the Coaching Services or delivery of the Materials.

Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms form the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.

Jurisdiction: These Terms are governed by the laws of Queensland, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the Queensland courts.  Although the Course may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.