Terms of Use Agreement

This Terms of Use Agreement (this Agreement) is entered into by and between Rhoda Lucas (the "Author") and "you", the user of this web site, also known as "rhodalucas.com" (the "Site"). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR'S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.

BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

MEDICAL, DIETETIC, PSYCHOLOGICAL & COACHING ADVICE DISCLAIMER

The Author provides the Site and the services, information, content and/or data (collectively, "Information") contained therein for informational purposes only. The Author does not provide any medical, dietetic, psychological or coaching advice on the Site, and the Information should not be so construed or used.

Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or country.

You should not rely on anything contained in the Site, and you should consult a physician or health professional or coach licensed in your state or country in all matters relating to your physical and mental health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

INFORMATION DISCLAIMER

The opinions expressed in the Site are not necessarily the opinions of the Author. The Site is created by the Author in the Author's individual capacity.  Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author's sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

POSTING GUIDELINES

The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person's privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author's sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

Respectful and Professional Conduct Policy

By submitting support tickets and by joining and participating in any Facebook group or other social media channels run by this company, you agree to maintain a respectful and professional demeanour in all interactions with our staff. We are committed to fostering a positive and inclusive environment, and as such, we will not tolerate any form of rudeness, obnoxious behavior, unprofessional conduct, or abusive language. Any member who violates this policy, either within the group or in their communication through support tickets, will be immediately removed from the group. We appreciate your understanding and cooperation in maintaining the integrity of our community and in providing a safe working environment for our staff.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

DISCLAIMER OF ALL WARRANTIES

The Information made available at the Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. any loss or injury caused, in whole or in part, by the Author's actions, omissions, or negligence, or for contingencies beyond the Author's control, in procuring, compiling, or delivering the Information;

3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4. any decision made or action taken or not taken in reliance upon the Information.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The Site is protected by Australian copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

AGE RESTRICTION

The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

INDEMNIFICATION

You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.

INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New South Wales You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

MODIFICATION

The Author may, in the Author's sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

• you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
• you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

These terms are not agreed between you and us until we have approved your payment, and you receive an email from us confirming that your order is being processed.

ACCOUNTS

To place an Order and/or purchase a Product, it may be necessary for you to sign up, register, and create an account on the Website (referred to as an Account).

During the registration process for your Account and throughout your usage of the Website, you may need to provide personal information and details, including but not limited to your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and any other information as determined by us from time to time.

You are responsible for ensuring that all information provided during the Account registration process is accurate, truthful, valid, and up-to-date.

Upon completion of the Account registration process, we reserve the right to, at our sole discretion, accept you as a registered user of the Website, and grant you access to your Account.

We hold the right, at our sole discretion, to suspend or terminate your Account for any reason, including failure to comply with the terms outlined in this agreement.

PRODUCTS

We will make every effort to ensure that the Products (physical, digital or consulting) you receive are substantially similar to the ones displayed on our Website or as agreed upon in writing prior to placing your Order. Please be aware that due to variations in screen display, color and brightness, and image quality, there may be slight differences between the Products and the images on our Website.

Unless otherwise specified, the availability of the Website and Products will be limited to a specific timeframe, as stated on the Website during your Order.

Payment

All prices are:

• Per unit, unless otherwise specified; and
• Subject to change without notice before you finalize an Order.

Payment obligations: Unless specifically agreed upon in writing, you are required to make full payment for all Products at the time of placing an Order.

GST: Unless stated otherwise, the amounts indicated on the Website do not include Goods and Services Tax (GST). For any taxable supply made by Rhoda Lucas, you are responsible for paying the applicable GST upon receiving a tax invoice.

Card surcharges: Rhoda Lucas reserves the right to apply additional charges for credit card payments, debit card payments, or payments made with any other form of charge card (including Visa, MasterCard, or American Express).

Online payment partner: We may utilize third-party payment providers (Payment Providers) to handle the collection of payments for Products. Your payment process with the Payment Provider will be subject to their own terms, conditions, and privacy policies, in addition to these terms. We are not liable for the security or performance of the Payment Provider. We reserve the right to rectify any errors or mistakes in the payment collection, either by ourselves or by instructing our Payment Provider to do so.

Pricing errors: If we discover an error or inaccuracy in the price of your order, we will make every effort to contact you and promptly inform you of the situation. You will then have the choice to proceed with the order at the correct price or cancel your order. If you decide to cancel your order and payment has already been deducted, a full refund will be credited back to your original payment method.

GIFT CARDS, COUPONS AND DISCOUNT CODES

Gift Cards:

• We have the option to issue Gift Cards that can be used on our Website (referred to as Gift Cards).
• Gift Cards can be used for online purchases on our Website and can be redeemed during the checkout process, following the instructions provided on the Gift Card or through any other communication provided to you.
• Gift Cards are not considered as legal tender, account cards, credit or debit cards, or securities. They cannot be reloaded, exchanged, or redeemed for cash, discounts, or any other item apart from our Products.

Coupons and discount codes:

• We may offer promotional materials and discount codes that provide a reduction in the price of our Products (referred to as Coupons).
• To use a Coupon, you will need to enter the unique code associated with it during the checkout process.
• Coupons cannot be applied retroactively to previous Orders. They cannot be transferred to others, and they are non-refundable, non-exchangeable, and cannot be redeemed for cash or store credit.
• If there are any additional terms or conditions that apply specifically to a particular Coupon, those will be clearly stated on the Coupon itself.

RETURNS AND REFUNDS

We will provide a full refund of the purchase price for a Product in the following circumstances:

• If you did not receive a Product you ordered solely due to our failure;
• If the Product provided to you does not substantially match the Product you ordered as displayed on our Website (with reasonable allowance for variations in screen display, color and brightness, and image quality); or
• If a Product is found to be faulty, as outlined below.

Change of mind returns:

Please note that we do not accept returns or offer refunds for change of mind.

Personal Consulting

There are no refunds for personal consulting.

Digital Products

There are no refunds for digital products that have been delivered.

Process for faulty products:

If you believe a Product you received is faulty, please contact us using the contact details provided on our Website and provide a detailed description of the fault.  After reviewing the situation, if we reasonably determine that the Product is not faulty or the fault is due to fair wear and tear, misuse, or lack of reasonable care, we will decline the return.

If we agree that the Product is faulty, you will be eligible for a full refund of the amount paid. Additionally, you may request a refund, exchange, or store credit. Refunds will be credited back to your original method of payment, unless you request and we approve an alternative method.

Failure to comply with the provisions outlined in this clause 6 regarding faulty Products may result in our discretion to issue only a partial refund or no refund at all.

Please note that this clause does not limit or affect any rights you have under applicable law or any manufacturers' warranties that may apply.

Please note: Only products that have been paid in full are covered by this refund policy.

CANCELLATION AND NON-ATTENDANCE FEES

Failed to Cancel Appointment Fee:

If a person fails to attend a scheduled appointment without providing any prior notice of cancellation, they will be charged the full appointment fee of $500 USD as a "failed to cancel" fee.

Cancellation Fee:

If a person cancels their appointment with less than 24 hours' notice, they will be charged a cancellation fee of 50% of the appointment fee, which amounts to $250 USD.

WAIVER

The Author's failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

These terms and disclaimer were updated: November 15, 2023, and are subject to change without notice.