Website Terms & Conditions

TERMS OF USE

Kelliemontgomerynutrition.com is owned and operated by Kellie Montgomery.

Our terms (Terms) include this document, our Privacy Policy, as well as any other terms and conditions that may appear on the Website from time to time (for example, competition terms and conditions, or terms and conditions of sale). Where there are additional terms, these will apply to your use of, and access to, certain sections of the Website where they appear, so please review them where they are relevant to you.

Please note that by using, browsing or reading the Website, you’re indicating to us that you’ve read, understood and accepted these Terms. If you don’t agree with our Terms, we ask that you immediately cease using the Website. If you have any questions or comments about our Terms, please feel free to get in touch with us.

Intellectual Property

The Website, including all content, is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

All trade marks, service marks and trade names are owned, registered and/or licensed by us. As a user of the Website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use the Website in accordance with our Terms, copy and store the Website and its content in your device’s cache memory and to print pages from the Website for your own personal, non-commercial use.

Except as outlined above, we don’t grant you any other rights whatsoever in relation to the Website - all other rights are expressly retained and reserved by us and nothing you do on or in relation to the Website will transfer any intellectual property or associated rights.

We love when our users share our content with their network, so for our Website or social media content that’s freely available for re-use or is in the public domain, go ahead and share away – all we ask is that you us use appropriate attribution (by tagging us or making it clear to your followers that the content came from us). If you’d like to share, re-publish or otherwise use the Website or content in a way that you aren’t expressly authorised to do by these Terms, please don’t hesitate to get in touch with us – we’d love to hear from you.

DISCLAIMER AND INDEMNITY

We want you to know that nothing in our Terms limits or excludes any rights, guarantees, warranties, representations or conditions (or any liability under them) that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law (ACL).

Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms. Please note that we won’t 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 under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

We make the Website and all its associated content available to you, however you use it at your own risk.

You acknowledge and agree that:

  1. No information, advice or instructions provided by us including that contained in blogs, educational videos, recipes, meal plans, Instagram live or other live sessions, quizzes, articles, tip sheets or any other information whatsoever on this Website in any way constitutes medical or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this Website; and

  2. You will check with your health professionals before following any of our videos; and

  3. You are solely responsible for any results that you or your family members obtain as a result of using the information or resources on this Website.

Everything on the Website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:

  1. Failures, errors, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the Website;

  2. Inaccurate, unsuitable or out of date information on the Website (including third party material and advertisements on the Website);

  3. Costs incurred by you in using the Website; and

  4. Links which are provided for your convenience.

You can read more on our policies on liability in our Disclaimer, also available on the Website.

CHANGES TO TERMS OF USE

If we decide to change our terms (and we can do so at any time), we’ll post a copy of our revised terms on the Website. We’ll do our best to let you know that the terms have been updated, however please note that any changes to the terms will take effect immediately on being published on the Website.

SEVERANCE

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.

TERMINATION

The agreement between us constituted by your use of the Website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the Website.

JURISDICTION

As we are based in New South Wales, these Terms will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.

Feedback, Comments And Concerns

If you have any questions, comments or concerns please email kellie@kelliemontgomerynutrition.com We endeavour to respond to all enquiries within three business days.