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 service, you agree to the Terms & Conditions outlined below.

Clients are responsible for ensuring they are medically fit to participate in the program. If you have any pre-existing medical conditions, injuries, are pregnant, are taking medication, or have any other health concerns that may affect your participation, you should seek appropriate medical advice or clearance before commencing.

Clients are responsible for providing CindaFit Nutrition Pty Ltd with accurate and complete information regarding any relevant health conditions or circumstances that may impact the nutrition guidance provided.

CindaFit Nutrition Pty Ltd provides nutrition coaching and education and does not replace medical advice, diagnosis or treatment from a qualified healthcare professional.

Disclaimer

  • CindaFit Nutrition Pty Ltd and its team are not medical practitioners, and the information and services provided are not intended to replace professional medical advice, diagnosis or treatment.

  • While every effort is made to provide appropriate nutrition coaching and support, individual results will vary and specific outcomes cannot be guaranteed.

  • All nutrition guidance, meal plans, recommendations and educational resources are provided for nutrition coaching and educational purposes and should not be considered medical advice.

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 program fees must be paid in full or arranged under an approved payment plan before coaching services, program materials or resources are provided.

  • Enrolment in a 12- or 20-week coaching program constitutes a commitment to the full program term and total program fee.

  • Where a weekly or monthly payment plan is selected, these payments are instalments towards the total program fee and do not constitute a week-to-week or month-to-month membership.

  • If a client chooses to discontinue participation in the program after commencement, this does not automatically cancel their remaining payment obligations under the agreed payment plan, subject to any rights available under Australian Consumer Law.

  • Except where required under Australian Consumer Law, payments for online coaching services, Recipe E-Books and digital resources are non-refundable once purchased or once the program has commenced.

  • By accepting a place in a coaching program, you acknowledge that coaching positions are limited and that capacity is reserved for you for the duration of your program.

  • Where appropriate, CindaFit Nutrition Pty Ltd may consider requests to pause or modify a coaching arrangement due to exceptional circumstances. Any such arrangement is considered on an individual basis and does not automatically entitle you to a refund, cancellation, or waiver of outstanding program fees.

12 & 20-Week Online Services

Clients enrolling in a 12- or 20-week online coaching program are purchasing a fixed-term coaching service for the full program period.

Where a weekly or monthly payment plan is selected, payments are instalments towards the total program fee and do not constitute a week-to-week or month-to-month membership. Subject to any rights available under Australian Consumer Law, choosing to discontinue participation does not automatically cancel the remaining payment obligations.

Clients are expected to adhere to the program schedule, including check-ins and service requirements 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 the program to support the client's health goals.

CindaFit cannot be held responsible for delays, reduced progress or unused coaching resulting from a client's failure to participate, submit check-ins or complete required forms.

NUTRITION

All personalised nutrition plans, meal plans and dietary recommendations are developed using the information provided by the client at the time of enrolment and throughout the coaching program. Clients are responsible for providing accurate, complete and up-to-date information relevant to their nutrition coaching.

All personalised plans and recommendations are prepared specifically for the individual client based on factors including age, height, weight, lifestyle, activity levels, dietary preferences and stated goals. Personalised materials must not be copied, shared, distributed or provided to another person, as they may not be appropriate for another individual's needs.

CindaFit Nutrition Pty Ltd provides nutrition coaching, education and general lifestyle support. These services are not intended to replace medical advice, diagnosis or treatment from an appropriately qualified healthcare professional.

Clients remain responsible for their own health, lifestyle decisions and implementation of the recommendations provided. While CindaFit will provide guidance, education, strategies and support throughout the program, individual outcomes depend on a range of factors and specific results cannot be guaranteed.

Clients are responsible for seeking appropriate medical or healthcare advice where required, including for any physical or mental health condition, symptoms or concerns that fall outside the scope of CindaFit's nutrition coaching services.

Personal information provided by clients will be handled in accordance with CindaFit Nutrition Pty Ltd's applicable privacy practices and will not be disclosed except with consent or where disclosure is otherwise permitted or required by law.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, including rights available under the Australian Consumer Law.


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 ON BOOKS

(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:

All content and materials provided by CindaFit Nutrition Pty Ltd, including personalised meal plans, recipes, program resources, educational materials, guides, digital content and other materials provided to clients, remain the intellectual property of CindaFit Nutrition Pty Ltd unless otherwise stated.

These materials are provided for the client's personal use only and must not be copied, reproduced, distributed, shared, published, sold or used for commercial purposes without prior written permission from CindaFit Nutrition Pty Ltd.

Unauthorised use, reproduction or distribution of CindaFit materials may result in appropriate action being taken to protect CindaFit Nutrition Pty Ltd's intellectual property rights.