Terms and Conditions
These are the Terms & Conditions for The Healthy Gut website and any associated services.
1. Your Acceptance of terms of service
This is an agreement (‘Agreement’) between, The Healthy Gut , the owner and operator of www.thehealthygut.com (the ‘Site’), any services The Healthy Gut (‘Service(s)’) and you (‘you’, ‘your’ or ‘user(s)’), a user of the Site and Service.
Throughout this Agreement, the words, ‘THG’, ‘us’, ‘we’ and ‘our’, refer to our registered business, The Healthy Gut - and our Site or any Services, as is appropriate in the context of the use of the words.
Users of our Service must be 18 years of age or older, at a minimum, you must be over the age of 13, with parental permission to use our Site and Service. Users must be 18 years or older to purchase any of our products or Services.
The content on THG Site is provided for informational and educational purposes only. It is not intended to amount to advice on which you should use in place of a GP/other practitioner.
None of the content or products offered on THG Site is meant to diagnose, treat, alleviate or relieve any medical or health conditions.
Never disregard, avoid or delay obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on THG Site.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of THG Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
3. Nutritional Information
Nutritional information provided on THG website and associated programs/services, is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purpose(s) and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods or ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some data may be borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
Please be aware that any testimonials on THG Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials. It is important to be aware that the different types of gut health issues that other user testimonials may have experienced or be experiencing, will influence the results achieved.
In order to purchase any THG products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal. By ordering a THG product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at firstname.lastname@example.org
The prices for services provided under this Agreement will be set as set out on the website at the time you apply for the services/make a purchase. Special offers/discount codes for example are only valid for the period stated on the promotion, are subject to availability, and are given at the discretion of THG.
All prices are in AU dollars unless otherwise stated and are exclusive of GST.
Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply excludes any GST payable in respect of that supply.
All Australian residents will be charged GST at check-out on the Site. All non-Australian residents will not be charged GST on their transactions.
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this agreement.
7. Refunds and cancellations
7.1. Physical and Electronic Books
At THG we want you to be happy with your order, and find our products to be good quality. We are happy to accept returns of any print or electronic books purchased through our Site and Service (not through one of our members of affiliate programme or any other independent distributor).
You may return print books to us within 30 days from the date of purchase for a ‘no questions’ asked refund. Please be aware that you are responsible for the printed book reaching us in the state in which it was delivered to you, i.e. remaining in its protective packaging and returned via a method that is considered to be reliable and trackable. In case of loss, it should be insured to the value of the goods. The return address will be found within the packaging of your order.
You may return an electronic book, so long as you have not completed the download, within 48 hours of purchase. You should endeavour to make THG aware, as soon as possible, that you would like to return an electronic book. You should contact THG at email@example.com to notify us. Please be aware that should you download the electronic book it would be considered non-returnable.
Refunds for purchases from THG will be refunded, via the method which they were originally paid for, within 7 business days of return to us.
7.2. The SIBO Coaching Program
Prior to the start of the Program and within 14 days of commencing the Program, you will be eligible for a full refund less the value of any additional product or services you received as part of your purchase. The specific start date of your Program is detailed in our correspondence with you and was selected by you at the time of purchase. Beyond 14 days any refund will be made at the discretion of THG. To request a refund for the Program, please contact us at firstname.lastname@example.org
8. Product Availability
We will always make every effort to ensure that products that are ordered have appropriate availability. However, there may be occasions when this is not possible. If a product purchased from THG is not available we will contact you and inform you of our product availability and projected delivery dates. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit/debit card and ship THG products when they become available. THG can be contacted for any queries regarding product availability or orders not received at email@example.com.
9. Service and Shipping
Your order will be dispatched within 2 business days and THG will endeavour to ensure that your order arrives within 10 business days for orders within Australia and 14 business days for international orders. You must provide shipping details through the checkout screen on our Site or through your PayPal account.
We use AusPost and Sendle to fulfil our Australian and International orders.
If you have not received your order, your order is damaged, or you require an exchange, please contact us as soon as possible at firstname.lastname@example.org. If you do not contact us within 7 days this can affect your ability to return a product to us.
9.1. Electronic Books
Electronic books will be delivered within a few minutes of your order successfully completing to the email address provided by you. Please note that should you wish to have an electronic book delivered to an alternative email address after your purchase has gone through, please contact us directly at email@example.com to arrange this.
Once you have submitted your order, and we have processed your payment information, you will be emailed a link to download your electronic book. If you have any issues with downloading it, please check your email is correct, your Spam folder or other email folders (as depending on your email settings these emails can be auto-filtered out of the Inbox). If these actions do not resolve the issue please contact us at firstname.lastname@example.org where we will be happy to assist you.
You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
11. Modification of Service
THG reserves the right, at any time, to alter, update or remove our Service. We may modify our service for security reasons, legal reasons, reasons relating to intellectual property, or various other reasons at our discretion. We are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands.
12. Intellectual Property Rights
When you visit our Site, we give you a limited licence to access and use our information for personal use.
THG Site and all associated media and promotional material, along with THG created text, templates, scripts, graphics, interactive features and the trademark, service marks and logos contained therein are owned by or licensed to THG, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. By accessing THG through the Service or Site you agree not to engage in the use, copying, or distribution of anything contained within the Site or Service unless you have written permission of THG.
If you upload comments, postings or otherwise available material via THG Site and associated social media platforms, including any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce or edit the information for any purpose. THG unconditionally waives all moral rights as defined by the Commonwealth Copyright Act 1968.
13. Limitations on Linking and Framing
You may establish a hypertext link to the Site if you ensure that it does not state or imply any sponsorship of your site by us or by THG Site. However, you may not, without our prior written permission, frame, or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
13.1 Affiliate Links
From time to time we use affiliate links on this site. The Healthy Gut earns a small commission on any sales made from these links, which contribute to the ongoing running of this site. There is no obligation to click on an affiliate link or make a purchase from it.
Whilst THG has taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
By accessing THG Site, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
16. Force Majeure
You agree that THG is not responsible to you for anything we may otherwise be responsible for if it is the result of events beyond our control. Such events of Force Majeure would include but are not limited to, acts of God, war, terrorism, labour shortages, postal disruption, communication disruption, or any other event beyond our control.
From time to time The Healthy Gut runs competitions. There is no obligation to enter the competition. Specific T&Cs for current competitions are listed below.
17.1 Christmas 2017 Competition
The promoter is The Healthy Gut. The competition is open to residents of Australia, UK, USA and Canada, aged 18 years or over except employees of The Healthy Gut, their close relatives and anyone otherwise connected with the organisation or judging of the competition.
There is no entry fee and no purchase necessary to enter this competition. By entering this competition an entrant is indicating his/her agreement to be bound by these terms and conditions.
Route to entry for the competition and details of how to enter are via http://facebook.com/thehealthyguts.
Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
Closing date for each competition entry will be clearly stated in each Facebook post. After this date, no further entries to the competition will be permitted.
Winners will be picked by a randomised comments picker program, not by an employee of The Healthy Gut.
No responsibility can be accepted for entries not received for whatever reason.
The rules of the competition and how to enter are as follows:
1. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
2. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
3. The prizes are as follows: 1 x SIBO Christmas eCookbook, 1 x SIBO Family Favourites eCookbook, 1 x 1 month membership to the SIBO Coaching Program, and other prizes to be confirmed and will be stated here once confirmed. The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
4. Winners will be chosen at random by software, from all entries received and verified by The Healthy Gut and or its agents.
5. The winner will be notified by DM on Facebook and Instagram. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
6. The promoter will notify the winner when and where the prize can be collected/is delivered.
7. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
8. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
9. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
10. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
The Healthy Gut will judge the competition and decide on the winner each week, which will be picked at random from all complete entries via Facebook, Twitter and Instagram.
The Healthy Gut also reserves the right to cancel the competition if circumstances arise outside of its control. The Healthy Gut will require the collection of personal details of the ‘winner’ in order to distribute the ‘prize/s’.