Terms and Conditions For: CindaFit Coaching Programs

CONDITIONS

You accept all terms and conditions in choosing to purchase and follow any CindaFit Nutrition Pty Ltd program and coaching challenge.

TERMS

All clients are responsible for their health and must ensure they have medical clearance before starting any CindaFit nutrition plans.

Before participating in any nutritional program, kindly consult your doctor to ensure you are fit to participate. 

If you have any pre-existing mental or physical health conditions, kindly note that you are participating at your own risk.

Please note that the CindaFit team are not medical doctors; their recommendations are not intended to replace medical advice. 

Though the CindaFit team will make every effort to improve your health, kindly note that they cannot guarantee specific results or cure your condition(s). 

The information contained in this website is not a substitute for personal, professional or medical diagnosis. Kindly note that you are using CindaFit plans and programs at your own risk, and Lucinda Porcelli is not responsible for any injuries or health problems that may arise.

SCREENING TOOLS

The screening questions from the CindaFit questionnaire and survey consultations serve as a preference questionnaire for your program design. Please answer them honestly to ensure that Lucinda Porcelli is the most appropriate health professional to assist you with your concerns.

PAYMENTS

Before any online purchases from CindaFit can be sent out,, payments must be completed or confirmed on a payment plan schedule. 

Please note that there will be no refunds for Recipe E-Books or online coaching services once they have been purchased. If you accept a position to work in a program, kindly be mindful that you are taking an opportunity for another client, and your sessions will be pre-booked into Lucinda Porcelli's diary. By starting a program, you agree that you are paying CindaFit for ongoing nutritional advice based on experience and that their team will implement nutritional strategies for your everyday life.​

12 & 20-WEEK ONLINE SERVICES

When purchasing an online coaching program from CindaFit, clients are expected to adhere to the schedule of services and check-ins as outlined in the program. It is important to regularly return the required forms each week in order for CindaFit to properly adjust and improve the program to attain weight loss goals. Please note that CindaFit cannot be held responsible for any failure to return forms on time.

CONSULTS: 

Clients who use a CindaFit discovery consultation are not invoiced if moving into a 1:1 program. 

Clients whose initial consult exceeds the 30-minute allowance or who fail to show up to the appointment with Lucinda Porcelli may incur an invoice. ​

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 will unlikely meet another person's needs due to the calculations being personalised by 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 risk of 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.

​PRIVACY

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.

All questions and problems will be directed to admin support and management directly via email.  These concerns will be answered between the hours 0900am - 1700pm Monday-Friday.

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.

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.

For Book & 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. 

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

We do not guarantee that your order will be delivered within the times indicated. 

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 contact 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 for 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.