Terms & Conditions

Elevate Nutrition and Performance: Terms & Conditions

Welcome to Elevate Nutrition and Performance! Please carefully review these terms and conditions before using our website, services, eBooks, and programs. By accessing or using any part of our services, you agree to abide by these terms and conditions.

Contact with Tryphena and the Elevate Nutrition Team:
Communication with Tryphena:

When you purchase an eBook or programs from Elevate Nutrition and Performance, such as the Elevate Mind Body Reset Program, please note that it does not include direct email or social media communication with Tryphena Ballantyne, the Director and Founder of Elevate Nutrition and Performance. Although you're welcome to reach out, please understand that her responses are not guaranteed and are considered a bonus. Direct communication with Tryphena is available through the fortnightly Zoom calls in the Elevate Mind Body Reset Program's Premium membership or through paid, express consultations.

 

Program Queries:

If you have questions regarding the Elevate Mind Body Reset Program, you can utilise the Q&A help section within the website, the private Facebook group of the Elevate Mind Body Reset Program or contact us via email at info@elevatenutrition.com.au.

Kindly allow up to 24 business hours for email responses. Please note that our customer service team does not provide private coaching services or personalised nutrition advice beyond the program's scope.

 

Returns Policy:

Refunds: Considering the nature of digital products, refunds will not be provided for changes of mind or if you find the program unsuitable for your needs. It's your responsibility to thoroughly review the product page before making a purchase.

 

Refund Conditions:

Refunds for the Elevate Mind Body Reset Program are evaluated based on these conditions:

The request is made within 60 days of your purchase date.

You have watched all pre-work videos within the program (verified on our end).

You provide a clear explanation of how the program has not yielded any health benefits.

 

Expectations and Testimonials:

Results Vary: At Elevate Nutrition, we offer content and services as guidelines, and the materials in eBooks and programs are designed to aid individuals in achieving results. However, results vary due to individual differences. Elevate Nutrition is not responsible for your weight loss outcomes, and outcomes cannot be directly compared to those presented in testimonials.

 

Health Disclaimer and User Responsibility:

Guidance from Healthcare Provider: Prior to adopting any new health lifestyle or dietary approach, we recommend consulting your primary healthcare provider to assess the suitability of the plan. Our services do not replace or contradict such advice.

 

Professional Care:

It's essential to continue under the care of your primary healthcare provider, particularly if you have existing health concerns, are pregnant, or breastfeeding. Elevate Nutrition and its associated individuals are not liable for any injuries or damages resulting from following the program's information, including physical, emotional, or mental aspects.

 

No Medical Advice:

The information presented within the programs is not intended to diagnose, treat, improve, or alleviate any health or medical conditions. It is not a substitute for professional medical advice.

By accessing or using our services, you acknowledge and agree to these terms and conditions. Should you have any questions, please contact us at info@elevatenutrition.com.au.

 

Nutritional Information:

The nutritional information provided within the website, via eBooks, social media, or any other public forum, is based on study and research by Tryphena Ballantyne (Nationally Recognised Nutritionist). However, before relying on any nutritional information provided by Elevate Nutrition and Performance and its third parties, it's crucial to carefully assess its relevance, suitability, and accuracy for your individual needs and health considerations. Seek expert advice from your primary healthcare team to determine its suitability before proceeding. We do not guarantee that the information is entirely error-free or suitable for everyone. The advice offered is of a general nature and may not cater to all individuals. The nutrient data published is a representation of specific samples of foods/ingredients/recipes at a particular time and may vary geographically.

 

General Terms of Use for Payments and Charges:

By utilising the Purchase Services to acquire the Product through the Website, you agree to remit the purchase price listed on the Website for the Product (referred to as the 'Purchase Price'). We urge you to meticulously review the sales page and comprehend the price before committing to purchase. The Purchase Price can be settled using credit card, Google Pay, or Apple Pay. All payments are facilitated through a third-party payment gateway, Stripe. The security of all card information is ensured through SSL encryption. Your utilisation of the Purchase Services signifies your acknowledgment of having acquainted yourself with and consenting to adhere to the pertinent Terms and Conditions of Use, Privacy Policy, and other legal documentation provided by the Payment Gateway Providers. Subsequent to confirmation of the Payment Price by Elevate Nutrition and Performance, you will be furnished with a receipt affirming the reception of payment. Elevate Nutrition and Performance may maintain your purchase details for future reference.

 

Fees, Charges, Payment Policy, Terms of Use, and Product Access for the Elevate Mind Body Reset Program:

All payments processed through the Elevate Nutrition platform are managed by a third-party payment gateway, Stripe (www.stripe.com). All card data is safeguarded through SSL encryption. Here are the program details:

  • Elevate Mind Body Reset One Time Payment:
  • Price: AUD $139.00
  • Billing Frequency: One-time payment
  • Billing Method: Stripe
  • Elevate Mind Body Reset Split Pay:
  • Price: AUD $79.50 x 2 (total AUD $159.00)
  • Billing Frequency: Twice over 2 months
  • Billing Method: Stripe

 

Program Access and Guidelines:

Access to the Elevate Mind Body Reset Program may be revoked due to breaches of our Terms, conditions, or privacy policy. For the Elevate Mind Body Reset Split Pay option, the first payment is collected upon checkout, and the second payment is collected in 1 month. You are obligated to fulfil the second instalment. If there are failed payments, updating card details is necessary. We reserve the right to attempt payment retries. If multiple automated emails for failed payments are issued and payment remains unpaid, access will be revoked, and debt collection measures will be pursued.

 

Facebook Group Terms and Rules:
  • No Contact with Tryphena: This group is dedicated to member interactions. For direct access to Tryphena, please engage with the Elevate Mind Body Reset Program community. Tryphena offers fortnightly Zoom calls and actively participates in the community.
  • No Recipe Sharing: Sharing photos/screenshots of actual Elevate Mind Body Reset Program recipes will be removed. Instead, share your food photos, tips, and recipe modifications.
  • No Customer Support Questions: Queries regarding portal issues, passwords, etc., are not permitted within this group. Please reach out to the support team at info@elevatenutrition.com.au for assistance.
  • Be Kind: Let's foster a welcoming atmosphere. Treat all members with respect.
  • Healthy debates are natural, but kindness is required. Respect everyone's privacy. Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What's shared in the group must stay within the group.
  • No promotions or spam. Give more than you take in this group. Avoid self-promotion, spam, and irrelevant links.

 

About the Website

Welcome to www.elevatenutrition.com.au (the 'Website'). This Website offers you the opportunity to explore and purchase a variety of products listed for sale through it (the 'Products'). The Website extends this service by granting you access to the content available on the Website (the 'Purchase Services'). The content presented on this website is meant for general information and personal use. It is subject to modification without prior notice.

The operation of the Website is overseen by Elevate Nutrition and Performance (ABN 86425905587). Your access to and utilisation of the Website, as well as any related Products or Services, is facilitated by Elevate Nutrition and Performance. We encourage you to carefully read and understand these terms and conditions (the 'Terms'). Your use, browsing, and/or reading of the Website signifies your acknowledgment that you have read, comprehended, and consented to be bound by the Terms. If you disagree with the Terms, you must promptly discontinue your usage of the Website or any of its Services.

Elevate Nutrition and Performance retains the right to assess and modify any of the Terms at its sole discretion. When updates to the Terms are made, Elevate Nutrition and Performance will make reasonable efforts to inform you of these changes. Any alterations to the Terms become effective immediately upon their publication. Prior to proceeding, we recommend that you retain a copy of the Terms for your records.

 

Disclaimer

All advice and responses provided by administrators and moderators align with the Elevate Nutrition and Performance philosophy. However, it's important to note that while these suggestions can be beneficial, they are not meant to replace medical advice or treat medical conditions. If you have significant health concerns, please consult with a medical professional alongside following this lifestyle.

 

Terms and Conditions
Acceptance of the Terms

You accept the Terms by continuing to use the website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Elevate Nutrition and Performance in the user interface. If you do not agree to the terms and conditions contained in this Agreement, Website Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

 

Copyright and Intellectual Property

The Website, Purchase Services, and related products are protected by copyright. Content on the Website is protected under Australian and international copyright laws. All rights in the content and compilation of the website are owned by Elevate Nutrition and Performance. Unless permitted, the reproduction, distribution, or sharing of content is prohibited.

 

Privacy

Elevate Nutrition and Performance respects your privacy, and information provided through your use of the Application and/or the Purchase Services is subject to Elevate Nutrition and Performance's Privacy Policy.

 

Community Guidelines
  • Privacy and respectful communication are paramount. Do not privately message or reach out to another member without explicit invitation.
  • Negative comments about products, Elevate Nutrition and Performance, or any third parties, as well as encouraging negative behaviour, will result in removal from the group and potential legal action.
  • Screenshots of posts may be shared for social media and advertising purposes, ensuring privacy is maintained.

 

General Disclaimer

Elevate Nutrition and Performance does not guarantee any terms, warranties, or conditions regarding the Products beyond what's outlined in these Terms. Elevate Nutrition and Performance makes every effort to accurately depict Products on the Website. However, individual results may vary, and Elevate Nutrition and Performance is not liable for weight loss or any personal changes.

 

Limitation of Liability

Elevate Nutrition and Performance's total liability arising from the Purchase Services or these Terms, regardless of the cause or legal basis, including contract, tort (including negligence), equity, statute, or otherwise, will not surpass the most recent Purchase Price you paid under these Terms. If you haven't paid the Purchase Price, Elevate Nutrition and Performance's total liability is limited to providing you with information or resupplying the Purchase Services.

You expressly acknowledge and agree that Elevate Nutrition and Performance, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be accountable to you for any direct, indirect, incidental, special, consequential, or exemplary damages that may result from your use of the Elevate Nutrition and Performance website, regardless of the cause and legal theory. This includes, but is not confined to, any loss of profit (whether incurred directly or indirectly), loss of goodwill, business reputation, or any other intangible losses.

Elevate Nutrition and Performance disclaims responsibility or liability for any site content (including Content and Third Party Content) posted on the Elevate Nutrition and Performance website or related to the Purchase Services. Such content can originate from users of the Elevate Nutrition and Performance website, third parties, or any of the Purchase Services provided by Elevate Nutrition and Performance.

Elevate Nutrition and Performance, its affiliates, employees, agents, contributors, third-party content providers, and licensors are not liable for any advice provided by another member through the Facebook group. Following advice from a member outside of the company is at your own risk.

 

Termination of Contract

Elevate Nutrition and Performance may terminate the Terms with you for various reasons. Elevate Nutrition and Performance may discontinue or suspend access to the Website or Purchase Services for breaches of Terms, violation of law, or impacting Elevate Nutrition and Performance's reputation.

 

Indemnity

You agree to indemnify Elevate Nutrition and Performance, its affiliates, employees, agents, contributors, third-party content providers, and licensors against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Elevate Nutrition and Performance website;
  • any direct or indirect consequences of your access, use, or transactions on the Elevate Nutrition and Performance website, or attempts to do so, and any violation by you or your representatives of these Terms; and/or any breach of these Terms.

 

Dispute Resolution

Compulsory: In the event of a dispute arising from or related to the Terms, neither party shall initiate any Tribunal or Court proceedings concerning the dispute unless the following clauses have been complied with (except in cases of urgent interlocutory relief).

Notice: If a party to the Terms asserts that a dispute ('Dispute') has emerged within the scope of the Terms, they must provide written notice to the other party outlining the nature of the Dispute, the intended resolution, and the steps required to settle the matter.

Resolution: Upon receipt of the aforementioned notice ('Notice') by the other party, the involved parties ('Parties') shall:

Within 14 days of receiving the Notice, make a sincere effort to expedite the resolution of the Dispute through negotiation or other mutually agreed-upon means. If, for any reason, the Dispute remains unresolved 14 days after the Notice date, the Parties must either mutually select a mediator or seek appointment of an appropriate mediator by the President of the Australian Mediation Association or their nominee. The Parties shall share equal responsibility for the mediator's fees, reasonable expenses, and the cost of the mediation venue. Both Parties agree to remit any sums requested by the mediator prior to the commencement of the mediation. Each Party will bear their own costs linked to the mediation process. The mediation proceedings will take place in Rockhampton, Australia. All communication related to the negotiation process arising from this dispute resolution clause shall remain confidential. To the fullest extent possible, such communications must be treated as "without prejudice" negotiations, in line with relevant laws of evidence.

 

Termination of Mediation:

If a period of 3 months has transpired after the commencement of mediation for the Dispute, and the Dispute remains unresolved, either Party retains the right to request the mediator to conclude the mediation process. The mediator is obligated to comply with such a request.

 

Venue and Jurisdiction:

The Purchase Services provided by Elevate Nutrition and Performance are intended for the consumption of residents within Australia. In the event of any dispute arising in connection with or relating to the Website, you hereby agree that the sole and exclusive venue for the resolution of any such dispute shall be the courts located in Rockhampton, Queensland, Australia.

 

Governing Law:

The Terms are governed by the laws of the state of Queensland, Australia. Any disputes, controversies, proceedings, or claims of any nature arising out of or in connection with the Terms and the rights established herein shall be governed, interpreted, and construed in accordance with the laws of Queensland, Australia, without regard to principles of conflict of laws, notwithstanding any obligatory provisions. The enforceability of this governing law provision is undisputed. The Terms shall remain binding for the benefit of the parties and their successors and assigns.

 

Independent Legal Advice:

Both Parties affirm and assert that the provisions of the Terms are just and reasonable. Each Party has been afforded the opportunity to seek independent legal counsel and confirms that the Terms do not contravene public policy based on considerations of inequality, bargaining power, or general restraints of trade.

Severance: In the event that any portion of these Terms is deemed void or unenforceable by a competent court of jurisdiction, such portion shall be severed, and the remaining portions of the Terms shall continue to be binding and effective.