Website Terms & Conditions

This Site is owned and operated by Plant Forged Physique ABN 36317331651 trading as Plant Physique (referred to in these terms as “we”, “us”, and “our”). And is the sister business of Plant Forged Products trading as Plant Forged ABN 48 684 807 898. Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Sites. (“user”, “you” and “your”).

“Sites” refers to PlantForged.com, PlantPhysique.org, and any sites owned or operated by Plant Forged Physique and Plant Forged Products

Plant Physique Services
Sports Nutritionist Terms and Conditions

Introduction & Acknowledgement of Terms
By engaging with our services, you agree to the following terms and conditions. These terms outline the relationship between you (the client) and the sports nutritionist (referred to as “the nutritionist,” “we,” or “our”). By engaging with my services as a sports nutritionist, you (the “Client”) agree to the following terms and conditions. These terms govern the provision of nutritional advice, consultations, and any related services. Please read them carefully.

By engaging in services, the client acknowledges that they have read, understood, and agree to these Terms and Conditions. The client also acknowledges that they are voluntarily entering into this agreement and fully understand the scope of services, the nutritionist’s role, and their personal responsibilities.

Scope of Services
The services provided by the nutritionist include personalised nutrition advice, meal plans, supplements guidance, fitness nutrition, and related support. Our services are intended to complement your fitness regimen and are not meant to replace medical or psychological advice, diagnosis, or treatment.

I provide nutritional guidance based on evidence-based principles of sports nutrition within the scope of services provided by my accreditations and qualifications. This advice is not a substitute for medical diagnosis, treatment, or advice. All advice provided is based on general nutritional principles and evidence-based practices. Clients should always consult their physician or another qualified healthcare professional before making significant changes to their diet or exercise routine, particularly if they have underlying health conditions or are taking medications.

Personal Responsibility
It is the client’s responsibility to disclose any pre-existing medical conditions, allergies, medications, or treatments that could impact their ability to follow the nutritional advice. The client acknowledges that they are solely responsible for implementing the nutritional advice and the subsequent results, including any adverse effects.

You are solely responsible for the choices you make regarding your diet, supplementation, and training. While I will offer recommendations based on the information you provide, you agree that you will not hold me liable for any outcomes, health issues, injuries, or side effects that may occur from following the advice given. This includes but is not limited to any health conditions that arise due to dietary changes, supplements, or exercise routines.

Limitation of Liability
While the nutritionist provides evidence-based guidance, results from dietary changes, supplements, or exercise are not guaranteed and may vary. The nutritionist will not be held liable for any adverse effects, injuries, or health complications arising from following or not following the advice provided. The client agrees to assume full responsibility for any risks associated with their nutrition and fitness plans.

To the fullest extent permitted by law, I will not be liable for any damages, losses, or injuries resulting from the use of my advice or services. This includes direct, indirect, incidental, special, or consequential damages, including personal injury or death, arising from the use of the advice provided. You agree that any nutritional or fitness plan is used at your own risk.

Accuracy of Information
All nutritional plans are tailored to the best of the nutritionist’s abilities based on the information provided by the client. However, the nutritionist does not assume responsibility for any incorrect, incomplete, or outdated information provided by the client that could affect the results of the nutritional advice.

While I strive to provide accurate, up-to-date information, I do not guarantee the accuracy, completeness, or reliability of any nutritional recommendations or information given. The field of sports nutrition is constantly evolving, and my advice may change based on new research, and it’s important to regularly assess its impact on your health and performance.

Consultation, Plans and Follow-Up
Consultations and plan developed are based on the information you provide and the goals you set. I will not be held responsible for any failure to meet goals or outcomes as a result of a lack of participation, missed consultations or check ins, or non-compliance with recommendations.

Dietary Restrictions and Medical Conditions
If you have specific dietary restrictions, allergies, medical conditions, or are taking medication, you are required to inform me before the start of any consultations. Your existing medication history may influence my ability to work with you within my insurance and scope of practice. 

Client Acknowledgement
By engaging me in my services, you acknowledge that you are voluntarily engaging with a sports nutritionist for the purpose of receiving nutritional and training advice. You confirm that you are in good health or have consulted with a healthcare provider regarding any pre-existing conditions before following any nutritional or exercise plans.

Third-Party Products and Services
Any recommendations for third-party products (e.g., supplements, meal delivery services) are provided for informational purposes only. The nutritionist is not responsible for the quality, effectiveness, or potential side effects of third-party products or services.

Indemnification
By using the services, the client agrees to indemnify and hold harmless the nutritionist from any claims, damages, or liabilities arising from the use of the provided advice or services, including but not limited to personal injury, health issues, or financial loss.

You agree to indemnify, defend, and hold harmless me from any and all claims, damages, expenses, and liabilities arising from your use of the services or the implementation of any recommendations I provide.

Confidentiality
We respect your privacy and confidentiality. Personal information shared with the nutritionist will be kept confidential and will not be shared with third parties without your consent, except when required by law. However, the nutritionist may use anonymized data for research or educational purposes.
In accordance with Australian privacy laws, we comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), ensuring that your personal information is securely stored and handled.

Amendments
These terms and conditions may be updated or amended at any time. Any changes will be communicated to you in writing. By continuing to use my services after changes are made, you accept the updated terms.

Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Australia, and any disputes will be resolved within the jurisdiction of the state or territory in which the nutritionist operates, unless otherwise agreed.

ACCEPTANCE OF TERMS

By accessing and using our Sites, our social media channels and any other materials made available to you on our Sites, you are taken to accept our Terms. In doing so, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Sites, and apply to all services and products we provide. These changes apply to all sites, apps, or platforms in which we provide our services through. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site or if you are engaging in our services.

If at any time you choose not to accept these Terms, you should not access our Site, or the platforms in which we conduct our services. 

Your continued use of our Sites is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Sites, please don’t hesitate to contact us before completing any purchase.

Services Commitment and Cancellation Policy

Minimum Commitment Period
By signing up for our services, you agree to a minimum commitment period of 8 weeks for week-to-week direct debit (i.e., weekly check-ins) or 16 weeks for fortnightly direct debit (i.e., check-ins every 2 weeks). The commitment period begins from the start date of your program or service. During this time, payments will be collected automatically on a weekly or fortnightly basis, depending on your chosen plan – or if an alternate agreement is in place.

Cancellation Within the Minimum Commitment Period
If you choose to cancel your subscription or service before the completion of the initial 8-week or 16-week commitment period, no refunds will be issued for any payments made up until that point. You will be responsible for paying any remaining instalments due during the commitment period, regardless of when you choose to cancel.

Cancellation After the Minimum Commitment Period
Once the minimum 8-week or 16-week commitment period has been fulfilled, you may cancel your subscription or service without any further charges. To do so, you must notify us in writing via email at [email protected] or via written direct message. Cancellation will take effect immediately, and come into place from the next billing cycle after your notice has been received.

Please ensure that you notify us before the next payment date to avoid any further charges.

If no notice is provided, your direct debit payments will continue automatically, and you will remain responsible for any future payments until cancellation is confirmed.

No Refund Policy
All payments made towards services are non-refundable, whether you choose to cancel during, before, or after the commitment period. To prevent further charges, it is essential that you notify us of your intention to cancel promptly. If cancellation notice is not provided in advance of the next billing cycle, you will be liable for any charges (i.e. no refund is available) until cancellation is officially requested. Please ensure that you provide timely cancellation notice to avoid any unnecessary charges.

INTELLECTUAL PROPERTY

Our Sites contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Sites and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Sites or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Sites and its Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Sites and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed [here]. By using our Sites, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of our Sites, you may need to register an account. This means you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Sites may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is placed.

We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product.

We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.

We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer visitors who want to purchase from our Sites the option to pay for the products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products. We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Sites, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Any information provided on our Sites, through blog posts, product descriptions or any other content, is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Sites or through our products.

We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason, including where we believe that the product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

The sale of products on our Sites or reference to any other products does not constitute endorsement or recommendation of said products unless explicitly stated otherwise.

PRODUCTS

You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.

Products made available on our Sites are for personal use only (including any samples we provide). You must not sell or attempt to resell any products and/or samples obtained or purchased from us.

SUBMITTING CONTENT TO SITEs AND SOCIAL MEDIA CHANNELS

We always appreciate interaction on our social media channels and feedback about our Sites and our products. You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels. We love to hear from you!

Where you do decide to submit such feedback, comments or content, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channels;
  waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
• warrant that the content does not violate these Terms; and
• warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

• contains libelous or otherwise unlawful, abusive or obscene material;
• attacks our employees or another contributor;
• contains material that discloses your personal information; or
• is unrelated to the post or content that you have reviewed or commented on.

Our Sites and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

COMPETITIONS

We may from time to time run competitions through our Sites and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS

On our Sites, we present real life examples of and insights into other people’s experiences for illustrative purposes only. Any results personally achieved are due to the individuals’ unique situations. These testimonials demonstrate what can be possible, but are not intended to represent or guarantee that any current or future customers will achieve the same or similar results.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances:

• use our Sites or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
• attempt to change, remove, deface, hack or otherwise interfere with our Sites or any material or content displayed on our Sites;
  hack into any aspect of the Sites, corrupt data, or cause annoyance to other users;
• infringe upon the rights of any person’s proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through our Sites.

WARRANTIES AND DISCLAIMERS

Our Sites is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Sites and/or the products we sell, including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
• there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Sites and/or our products, your inability to access our Sites, interruption or outage of our Sites or any inaccurate, incomplete or out-of-date content provided on our Sites. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Sites in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Sites may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Sites.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITES

We have the right to discontinue our Sites. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Sites, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and Shipping and Returns Policy) constitute the entire understanding and agreement between us and you in relation to your use of our Sites and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to our Sites and your use of our Sites.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Australia.