Terms and Conditions

Terms and Conditions

About the Website
1.1. Welcome to https://balanceandbite.com.au (Website). The Website provides you with an opportunity to browse and purchase services and online programs that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by Balance and Bite Dietetics (ABN: 25 378 930 309). Access to and use of the Website, or any of its associated Services, are provided by Erin Murnane. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. Erin Murnane reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Erin Murnane updates the Terms, she will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms
You accept the Terms by remaining on the Website.

Purchase of Services
3.1. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the product or service purchased (Purchase Price).
3.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
3.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive.
3.4. In using the Purchase Services, you agree to the applicable Terms and Conditions of Use, Privacy Policy and other legal documentation provided by the Payment Gateway Providers.
3.5. Following confirmation of payment, you will be issued with a receipt and your purchase details may be recorded for future use.
3.6. In the event of late payment, Erin Murnane may charge interest at 5% per annum, calculated daily.
3.7. If you default on payments, all outstanding amounts will become due immediately and enforcement costs will be payable by you.

Cancellation and Termination-
4.1. General Cancellation
(a) Notify Erin Murnane via hello@balanceandbite.com.au of any cancellation intentions and follow the cancellation policy (Cancellation Policy).
(b) Except for the Money Back Guarantee in clause 5, Services are non-refundable.
(c) Termination under a payment plan results in all remaining fees becoming due immediately.
(d) Erin Murnane may revise the Cancellation Policy without notice. Prior bookings are not affected.
(e) Erin Murnane may terminate Services for breach of Terms with 7 days notice via email.
(f) If terminated, you must pay for Services rendered up to the date of termination.

4.2. Cancellation and Rescheduling of One-on-One Sessions
(a) Sessions may be rescheduled in writing, subject to availability.
(b) Rescheduling must be done with at least 2 business days’ notice. Otherwise, the session is forfeited.

Money Back Guarantee
5.1. Erin Murnane offers a 14-day money back guarantee subject to specific criteria.
5.2. To qualify, you must complete the pre-course call, forms, Modules 1 and 2, and attend weeks 1 and 2 of group coaching.
5.3. Submit your request and completed work to hello@balanceandbite.com.au within 14 days of the course start date.
5.4. No refunds after 14 days from the Commencement Date.
5.5. Refunds result in revocation of all licenses and require deletion of any course materials.

Delivery of Services and License Information
6.1. Access is provided via Kajabi or another Membership Portal.
6.2. Services come with a non-exclusive, non-transferable license for your personal use.
6.3. License is valid for the duration of the Services only.
6.4. Sharing content or access is strictly prohibited.

Copyright and Intellectual Property Rights
7.1. All materials developed by Erin Murnane remain her property.
7.2. You are granted a non-transferable license for personal use only.
7.3. No assignment of intellectual property rights occurs under these Terms.
7.4. These Terms do not affect Erin Murnane’s moral rights.

Group Coaching
8.1. Participants must not harass or abuse others or act unlawfully.
8.2. Erin Murnane may remove or edit any content in the group.
8.3. Access may be revoked at any time for breach of Terms.

Warranty
9.1. Erin Murnane provides support but does not guarantee outcomes.
9.2. Services include guarantees under Australian Consumer Law.

Services Disclaimer
10.1. You are responsible for your own outcomes and actions.
10.2. Honest communication and participation are expected.

Information Disclaimer
11.1. All content is for informational purposes and not professional advice.
11.2. Accuracy is not guaranteed, and no liability is accepted.

Copyright and Intellectual Property
12.1. All content is owned or licensed by Erin Murnane.
12.2. You must not use content without written permission.
12.3. Licensed use is for personal, non-commercial purposes only.

Privacy
Information you provide is subject to Erin Murnane’s Privacy Policy.

General Disclaimer
14.1. No guarantees are provided outside of these Terms.
14.2. Nothing excludes statutory consumer guarantees.
14.3. To the extent permitted by law, liability is limited.

User Generated Content
15.1. You are responsible for any content you post.
15.2. You grant a license for Erin Murnane to use your content.
15.3. Personal information included in content may be used for business purposes.
15.4. You confirm you have rights to any content shared.
15.5. Keep your own backups.
15.6. Credit will be given when possible.
15.7. Inappropriate content may be removed at Erin Murnane’s discretion.

Mailing List and Registration
16.1. You may register for Erin Murnane’s Mailing List.
16.2. Registration may require personal information.
16.3. By registering, you agree to receive marketing material.

Limitation of Liability
17.1. Erin Murnane’s liability is limited to the most recent purchase price.
17.2. No liability is accepted for indirect or consequential losses.
17.3. Erin Murnane is not responsible for third-party content or conduct.

Indemnity
18.1. You indemnify Erin Murnane against all losses and liabilities relating to your content or breach of these Terms.

Venue and Jurisdiction
All disputes shall be resolved in Victoria, Australia.

Governing Law
These Terms are governed by the laws of Victoria, Australia.

Independent Legal Advice
Both parties acknowledge that they had the opportunity to seek independent legal advice.

Severance
If any part of these Terms is unenforceable, the remaining Terms will continue in full force.