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.
By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and will notify you when we do so. If you do not agree to be bound by our Terms of Service or the Privacy Policy please cease using our Site and Service.
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.
2. Statements
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.
4. Testimonials
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.
5. Payment
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 [email protected]
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.
6. 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 14 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 protected] 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. SIBO Coaching Sessions
If after purchasing your 1:1 SIBO Coaching Session you change your mind, you can request a refund or credit note within 14 days of purchase by contacting us at [email protected]. We require a minimum of 48 hours' notice prior to the commencement of your SIBO Coaching Session for cancellations (change of date) requests. If we do not receive this within this time, your session will be cancelled and you will forfeit the cost of your session. If you are a no-show for your coaching session, and have not provided notice, you will forfeit the cost of your session. If you need to change the date of your coaching session, please contact us at [email protected] with 48 hours' notice and we will happily arrange another suitable time for your session.
7.2.1 SIBO Coaching Session Expiry Dates
The following expiry dates apply for the 1:1 SIBO Coaching Sessions:
- 30 minute Sessions expire 1 month (30 days) from the date of purchase.
- 1 hour Sessions expire 2 months (60 days) from the date of purchase.
- 2 hour Sessions expire 2 months (60 days) from the date of purchase.
- 3 session packs expire 3 months (90 days) from the date of purchase.
- 5 session packs expire 6 months (180 days) from the date of purchase.
Please note, these expiry period apply to all sessions. For instance, if you purchased 5 sessions, and have used 3 of them, the unused 2 sessions will expire if not used within 180 days.
7.3. Living Well with SIBO: 5 Week Challenge
You have 14 days from the date of purchase of your Living Well with SIBO: 5 Week Challenge to request a full refund, less the value of any additional product or services you received as part of your purchase. The purchase date of your Program is detailed in our correspondence with you. Beyond the 14 days any refund will be made at the discretion of THG. To request a refund for the Program, please contact us at [email protected]
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 protected].
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 [email protected]. 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 protected] 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 you have previously unsubscribed from receiving email communications from THG, we will not be able to email you your book and will require you to either resubscribe or confirm to us in writing you are happy for us to resubscribe you on your behalf. If these actions do not resolve the issue please contact us at [email protected] where we will be happy to assist you.
10. Taxes
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.
14. Disclaimers
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.
15. Indemnity
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.
17. Competitions
From time to time The Healthy Gut runs competitions. There is no obligation to enter the competition. Specific T&Cs for current competitions will be listed below when a competition is run.