Terms and Conditions

This website is owned and operated by Jacob McGinness. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). Your use of this website and any products or programs you access thereunder, will be governed by these Terms. References to use of the ‘website’ under these Terms include use of any products or programs purchased or accessed through our website. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

“We”, “Our”, “Us” refers to Jacob McGinness of The Plant Potential.

Conditions of Access

You agree:

  • to comply with all applicable laws (including any applicable privacy laws);

  • not to copy, modify, merge, alter, adapt, translate, de compile, disassemble or reverse engineer any aspect of this website or to otherwise attempt to derive the source code relating to any aspect of the website, or to merge any software or any part of any software with any aspect of the website;

  • not to interfere in any manner with the website or its source code;

  • not in any circumstances to sell or license or offer for sale or license your account, nor to allow any person to use or have access to your username or password, other than as permitted by the Terms;

  • not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the website;

  • for purchase of products and services, that you are over 18 years of age or have permission from a legal guardian (services are only available for those over 16 years of age and with the consent of a legal guardian);

  • when engaging in services you consent to the collection and use of your personal health information that is necessary in forming an assessment and appropriate recommendations;

  • not to use any data mining, gathering or extraction tools; and

  • that we cannot guarantee and do not promise any specific results from the use of this website.

Collection Notice

We collect personal information about you in order to respond to your enquiry, process your registration and provide you with products and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to providers of website services located in other countries.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at jacob@theplantpotential.com

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms and Privacy Policy) or the information, products or services described in it including pricing changes. However, we will take measures to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you will need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Purchases

Payments made on this website are final and non-refundable.

If there are any issues regarding products or services please contact via email at jacob@theplantpotential.com. We will investigate and take appropriate action to rectify the issue. You acknowledge that any decision to provide a refund is at our complete discretion.

Warranties and Disclaimers

All information contained on theplantpotential.com is merely information and is not to be considered the advice of a medical practitioner. Only information provided in the context of a professional dietetic consultation is to be considered professional advice.

For personalised medical advice, make an appointment with a doctor, dietitian or health professional. To receive professional nutrition advice, book a dietitian consult via www.theplantpotential.com/dietitian-consults.

The website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Copyright in this website (including content and materials) resides with Jacob McGinness. No part may be reproduced or re-used for any commercial purposes whatsoever without written permission of the publisher, Jacob McGinness.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness, or any content contained in or generated by, the website, or that:

  • the use of the website will be secure, timely, uninterrupted or error-free;

  • the website will operate in combination with any other hardware, software, system, or data;

  • the website (or any products, services, information, or other material purchased or obtained by you through the website) will meet your requirements or expectations;

  • any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; errors or defects will be corrected; or

  • the website (or any server(s) that make a hosted service available) are free of viruses or other harmful components.

The website and all other products are provided “as is” and to the extent permitted by law (including the Australian Consumer Law if applicable), we disclaim any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.

We shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control.

We reserve the right to restrict, suspend or terminate without notice your access to the website, any Content, or any feature of the website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the website and/or the information or materials contained on it, or as a result of the inaccessibility of the website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Contact Us

For further information about our Terms and Conditions or practices.

Jacob McGinness | Founder of The Plant Potential

Jacob@theplantpotential.com

Effective as of February 15th, 2019