Terms and Conditions

1. Acknowledgements  

By agreeing to these Terms and Conditions, you hereby acknowledge that: you are purchasing a digital product (“Journal”) prepared and administered by Emma Jane Smyth, Dietitian and Intuitive Eating Coach (A.B.N. 29 323 021 821) (“Coach”);  

your subscription grants you the non-exclusive right to access the intellectual property that the Coach has prepared for the Journal including, but not limited to, the Coach’s know-how, presentations and processes (Materials) and you warrant that you not share, copy, distribute, or otherwise disseminate any Materials without prior written consent from the Coach;  

the Materials remain the sole property of the Coach and no license to sell or distribute the Materials is granted or implied;  

the Materials are subject to change throughout the Journal based solely on the Coach’s discretion;  

the Journal is only available to individuals over the age of eighteen (18) and you warrant that you are over this age;  

all individuals should seek independent medical advice before undertaking any new exercise or diet regime including those that may be suggested during the Journal;  

the Journal is not individually catered to each individual’s condition of health and any advice received from an independent medical professional should take precedent over any representations made during the Journal;  

no specific results or changes in weight or other health matters are guaranteed as such results are entirely reliant on the circumstances of the individual i.e. you; and  

throughout the term of the Journal, the Coach shall obtain personal information about you, including but not limited to, your name address and medical information in accordance with the Coach’s privacy policy and in compliance with the Privacy Act 1988 (Cth) and you readily consent to the Coach obtaining and retaining such information.  

2. Fees  

By agreeing to these Terms and Conditions, you hereby agree to pay an upfront fee for you access to the Journal based on the date on which you purchase the Journal and pay that fee (“Fee”).  

The Fee payable shall be as advertised on https://emmasmyth.myflodesk.com/healthilypeacefullyjournal on the date that you pay the Fee.  

You hereby acknowledge that the Fee is payable in Australian Dollars (AUD).  

3. Refunds Policy  

(a) Due to the nature of the services and/or products provided, refunds will not be given.

4. Third Party Payment  

By agreeing to these Terms and Conditions you hereby acknowledge that the Coach utilises a third-party merchant known as “Stripe” to take payment of the Fee and that merchant may charge an additional percentage fee for any payments made.  

6. Jurisdiction and Governing Law  

By agreeing to these Terms & Conditions, you acknowledge that you are accessing services rendered by the Coach in Western Australia, Australia.  These Terms and Conditions are governed by the laws of Western Australia, Australia and you hereby accept to be bound by the non-exclusive jurisdiction of the courts of Western Australia.  

7. Severability  

In the event that a clause of the Terms and Condition is founds to be unenforceable at law, the remaining causes shall remain in force as though these Terms and Condition had been accepted without the inclusion of the unenforceable clause.  

8. Assignment  

By agreeing to these Terms and Conditions you hereby acknowledge that you may not assign your rights to access the Journal and the Materials to any other third party without the Coach’s prior written consent.

DISCLAIMER The website is owned by Emma Smyth. By viewing this website or anything made available on or through this website, including but not limited to programs, products, services, podcasts, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.  

For Educational and Informational Purposes Only.  The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.  

Not Medical or Mental Health Advice.  Although I Emma Smyth, am a dietitian, on this Website I am acting in the role of wellness coach and as such I am not, nor am I holding myself out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietitian or licensed nutritionist. As a wellness coach, I am not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through my Website and podcast pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life does not create a dietitian-patient relationship and is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice or mental health advice. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website and podcast. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.  

Personal Responsibility. You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.  

No Guarantees. My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.  

Testimonials.  I present real world experiences, testimonials, and insights about other people’s experiences with my Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.  

Assumption of Risk. As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.  

Limitation of Liability. By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that I will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.  

Indemnification and Release of Claims. You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.  

No Warranties. I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY WEBSITE. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

Errors and Omissions. Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Website, or for any errors or omissions that may occur.  

No Endorsement. References or links in my Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.  

Contact Me.  By using my Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact me at [email protected].