Terms and Conditions & Privacy Policy

CindaFit Nutrition Pty Ltd – Terms & Conditions

Conditions of Purchase

By purchasing and participating in any CindaFit Nutrition Pty Ltd program or coaching challenge, you agree to all terms and conditions outlined below.

Health Responsibility

All clients are responsible for their own health and must ensure they have obtained medical clearance before commencing any CindaFit nutrition plan or program.

Please consult your doctor before starting any program to confirm you are fit to participate.

If you have any pre-existing physical or mental health conditions, you acknowledge that you are engaging in these programs at your own risk.

Disclaimer

  • The CindaFit team is not composed of medical doctors, and the information provided is not intended to replace professional medical advice, diagnosis, or treatment.

  • While every effort is made to support your health and well-being, CindaFit Nutrition Pty Ltd does not guarantee specific results or the resolution of any medical condition.

  • All guidance, meal plans, and recommendations are for educational and informational purposes only.

Limitation of Liability

By choosing to follow a CindaFit program, you acknowledge and agree that you are doing so voluntarily and at your own risk. Lucinda Porcelli and the CindaFit team are not liable for any injuries, health issues, or adverse outcomes that may arise from your participation.

Screening Tools:

The screening questions included in the CindaFit questionnaire and survey consultations are designed to provide a preference profile to guide your program design. Please answer these questions honestly and thoroughly to ensure that Lucinda Porcelli is the most appropriate health professional to assist you with your needs and concerns.

Payments:

  • All payments must be completed in full or confirmed under an approved payment plan before any online purchases or program materials are released.

  • Please note that there are no refunds for Recipe E-Books or online coaching services once purchased.

  • By accepting a place in a program, you acknowledge that this position is limited and could otherwise be offered to another client. Your sessions will be pre-scheduled into Lucinda Porcelli’s diary.

  • By commencing a program, you agree to pay for ongoing nutritional advice and acknowledge that CindaFit will provide nutritional strategies to support your everyday lifestyle.

12 & 20-Week Online Services

Clients purchasing a 12- or 20-week online coaching program are expected to adhere to the program schedule, including check-ins and service requirements as outlined at commencement. It is the client’s responsibility to complete and return all required forms each week. These updates are essential for CindaFit to adjust and improve your program to support your weight loss or health goals. Please note that CindaFit cannot be held responsible for any delay or reduced results due to failure to submit required forms on time.

NUTRITION

All personalised meal plans and dietary recommendations are made based on the information given by the client at the time of sign-up and payment.

Meal plans should not be shared with anyone in hard copy or verbally. They are specific to the client and are unlikely to meet another person's needs because the calculations are personalised based on height, weight, age, past diets, daily exercise, and eating requests.

By engaging in the services provided by CindaFit, the client acknowledges and agrees to assume the risks associated with the non-medical nature and limitations of the nutrition counselling.

All clients must understand that by participating in this program, they are responsible for themselves and their daily choices. CindaFit can provide only the tools for your success. Lucinda Porcelli takes no accountability for the choices clients make in their personal lives.

Lucinda Porcelli, CindaFit, will not disclose the personal information she receives from clients or website visitors. The only exceptions to this are if she gets written permission from the client.

By accepting these services, clients are releasing Lucinda Porcelli, CindaFit, of all liabilities or claims of any nature. 

Clients acknowledge that it is their responsibility to pursue any medical treatment necessary for physical, mental or emotional ailments.


CindaFit Nutrition Pty Ltd – App Privacy Policy

Health Data Utilisation

Our app may collect and process health-related information such as workout activity, exercise logs, heart rate, nutrition inputs, and other fitness metrics. This information is collected only with your explicit consent and is used exclusively to deliver core app features, including:

  • Fitness tracking, Progress insights, Cross-device synchronisation

We do not share your health data with third parties, nor do we use it for advertising or marketing purposes. All health information is stored securely, with access strictly limited to authorised personnel only. We adhere to industry best practices to ensure ongoing data protection. If you choose to delete your account, all associated personal and health-related data will be permanently deleted from our systems, except as required by law.

Account Deletion

  • You may request deletion of your personal information through our in-app settings or contact form.

  • For such requests, please include the subject line “delete my account” and provide your full name and registered email address in the body of the request.

  • We will use commercially reasonable efforts to process and honour your request. However, we may retain an archived copy of your records where required by law or for legitimate administrative purposes.

    Please note: Communications you have sent through the service and any posted comments may not be modified or deleted.

    -You may control certain data collection through your device or browser settings.

    For example, you may:

    -Disable cookies in your browser

    -Adjust mobile device settings to prevent location tracking

    -Some features of the service may not function properly if cookies or location services are disabled.

App Purchases:

1.SUBMITTING AN ORDER

(a) By submitting an order for purchase of a product using the Website's functionality (order), you acknowledge and agree that:

(i) You have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) You are authorised to use the debit or credit card you provide with your order.

2. PRODUCTS 

(a) We will endeavour to ensure that the products provided will be substantially the same as the products displayed on our website or as otherwise agreed with you in writing before you submit your order. 

(b) Until the price of your products is paid in full, the title in those products is retained by us. 

3. PAYMENT

(a) All prices are:

(i) per item (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an order without notice

4. DELIVERY AND SHIPPING

(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout include delivery to the address you chose.

(b) (Delivery Address) Please ensure your delivery address is correct. We will ship the products to the delivery address you provide for your order. 

If you have provided an incorrect address, please let us know as soon as possible. We do not offer refunds if you have provided an incorrect delivery address.

(c) (Tracking) You will receive a tracking number once your order has been packed and provided to a third-party courier.

(e) (Delivery Issues) Third-party courier terms apply to the delivery of the products to you. 

Any problems with delivery should be directed to the third-party courier in the first instance. 

We will use reasonable efforts to assist you in ensuring your delivery arrives on time. 

All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. 

We will not be liable for any loss or damage suffered due to or in connection with late deliveries.

5. CANCELLATION

(a) (Cancellation by us) We reserve the right to cancel an order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(b) (Cancellation by you) You may cancel your order until we confirm your order by email. Once we confirm your order, your order is binding and cannot be changed.

6. RETURNS AND REFUNDS

(a) (Change of mind returns) We do not offer change of mind returns. 

(b) (Returns and replacements) We will only provide a full refund of the price paid for the product or replace the product if we determine that:

(i)  a Product you have ordered was not received by you solely due to failure by us;

(ii) a Product provided to you was not substantially the same as the product you ordered as displayed on our website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii) a Product is faulty, in accordance with clause ‎6 (c).

(c) (Faulty products) The following process applies to any product you believe to be faulty.

(i) If you believe your product is faulty, please get in touch with us using the details provided on our website with a full description of the fault (including images). 

We reserve the right to further inspection before deeming a product faulty.

(ii) If we determine in our reasonable opinion that the product is not faulty or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return request.

(iii) If we determine that the product is faulty, at your choice, you will be credited the total amount paid (including reasonable shipping costs), or the product can be replaced with the same product. 

You must return the faulty product to us if requested (subject to us paying reasonable shipping costs). 

All refunds will be credited back to your original method of payment.

(iv) If you fail to comply with the provisions of clause 6(c) in respect of a faulty product, we may, at our discretion, issue only a partial refund or no refund in respect of the faulty product.

(d) Nothing in this clause ‎6 is intended to limit or otherwise affect the operation of any manufacturers' warranties to which you may be entitled or to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).

7. INTELLECTUAL PROPERTY

(a) CindaFit Nutrition Pty Ltd retain all intellectual property rights in the design of the products, including the labelling and packaging, or those rights are owned by a third party. 

You must not attempt to copy, reproduce, manufacture or otherwise commercialise the products.

(b) In this clause, "intellectual property rights" means all copyright, trademark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights, whether created before or after the date of these terms, both in Australia and throughout the world.

COPYRIGHT NOTICE:

This website's content and all other promotional materials, in addition to all materials given directly to Clients, are copyrighted by Lucinda Porcelli, CindaFit.

Legal action will be taken if this is used, created or shared without the CindaFit team's written permission.