Website Terms & Conditions

These Website Terms & Conditions (“Terms”) govern your access to and use of theenergycode.org (the “Website”), operated by Metro Dietetics Pty Ltd, trading as The Energy Code (“The Energy Code”, “we”, “us” or “our”).

By using the Website, you acknowledge these Terms. Where we ask you to actively accept these Terms—for example, by selecting a checkbox or completing a transaction—you agree to be bound by them.

If you do not agree with these Terms, you should not use the Website.

1. About Us

The Website is operated by:

Metro Dietetics Pty Ltd is an Australian company providing education, coaching, nutrition and health-related services. We provide services to clients in Australia and may also provide services to clients in the United States and other jurisdictions.

2. Website Purpose

The Website provides information about The Energy Code, our approach, programs and services. It may also provide access to:

• articles, videos, reports and guides;
• educational materials and downloadable resources;
• webinars, presentations and questionnaires;
• marketing materials; and
• other information or content.

The Website also allows prospective clients to enquire about our services, request information and arrange calls with our team.

Use of this Website does not, by itself, create a professional practitioner-client, dietitian-client, healthcare provider-patient, coaching or other professional relationship between you and Metro Dietetics Pty Ltd or any member of our team. Such a relationship is only established where we expressly agree to provide professional services to you.

3. General Information Only

Unless expressly stated otherwise, information provided through this Website and our free resources is provided for general informational and educational purposes only.

It is not intended to constitute personalised medical, nutrition, dietetic, diagnostic, treatment, psychological, financial or other professional advice.

Information on this Website should not be used as a substitute for personalised advice from an appropriately qualified professional who understands your individual circumstances.

4. Health and Medical Disclaimer

The Energy Code discusses topics relating to health, nutrition, energy, performance, metabolism, lifestyle and wellbeing. Information provided through the Website is general in nature and may not be appropriate for your individual circumstances.

You should not use information from this Website to diagnose, treat, cure or prevent a disease or medical condition.

You should seek appropriate medical or other professional advice before making significant changes to your diet, supplementation, medication, exercise or health management, particularly if you:

• have an existing medical condition;
• take prescription medication;
• are pregnant or breastfeeding;
• have a history of disordered eating;
• have significant symptoms; or
• have any concerns regarding your health.

Never disregard professional medical advice or delay seeking medical care because of information you have read or received through this Website. If you believe you are experiencing a medical emergency, seek immediate medical assistance.

5. No Guarantee of Results

We may discuss results achieved by Metro Dietetics Pty Ltd, The Energy Code, our clients or other individuals. We may also provide testimonials, case studies, examples or information concerning potential health, performance, lifestyle or business outcomes.

These examples are provided for informational purposes and do not guarantee that you will achieve the same or similar results. Individual results vary and may depend on numerous factors, including an individual's circumstances, starting position, health, behaviour, implementation, adherence and other factors outside our control.

Nothing on this Website constitutes a promise, warranty or guarantee of any particular outcome. Any specific guarantee associated with a paid program or service will be governed exclusively by the terms applicable to that program or service.

6. Testimonials and Case Studies

The Website may contain testimonials, reviews, case studies or descriptions of experiences from clients or other individuals. They reflect the experience of the individual concerned and should not be interpreted as a representation that every person will experience the same outcome. Where appropriate, identifying details may be changed or withheld to protect an individual's privacy.

7. Free Reports and Resources

We may provide reports, guides, videos, training, tools or other resources free of charge. Unless expressly stated otherwise, these resources:

• are provided for general education only;
• do not constitute individual professional advice;
• do not establish a professional practitioner-client relationship;
• may not be appropriate for your individual circumstances; and
• remain subject to our intellectual property rights.

We may modify, replace or withdraw free resources at any time.

8. Enquiries and Calls

Submitting an enquiry, requesting a report, completing a Website form or booking or participating in an initial call does not obligate us to provide services to you.

We reserve the right to determine whether our services are appropriate for a prospective client and may decline to offer services at our discretion, subject to applicable law. Information about our programs provided during a call is subject to any formal agreement, terms or documentation subsequently provided to you.

9. Paid Programs and Services

These Website Terms govern your use of the Website. Paid programs, coaching, dietetic services, consultations, memberships or other services provided by Metro Dietetics Pty Ltd may be subject to a separate client agreement, service agreement, program terms or other contractual terms.

Where separate terms apply, those terms govern your purchase and participation in the relevant service. If there is an inconsistency between these Website Terms and a specific written agreement governing a paid service, the specific agreement will prevail in relation to that service.

Prices, payment arrangements, cancellation rights, refund terms, guarantees and program-specific obligations will be governed by the terms applicable to the relevant service.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

Where goods or services are supplied to you as a consumer within the meaning of applicable Australian consumer legislation, you may have statutory rights in addition to any rights provided under these Terms. Nothing in these Terms is intended to exclude those rights.

11. Intellectual Property

Unless otherwise stated, all content available through this Website is owned by or licensed to Metro Dietetics Pty Ltd and is protected by applicable intellectual property laws. This includes written content, reports, guides, frameworks, methodologies, program structures, educational materials, graphics, photographs, videos, audio, presentations, worksheets, downloads, branding, logos, designs and other Website content.

You may access and use Website content for your own personal, non-commercial use.

Unless we provide prior written permission, you must not reproduce, copy, republish, distribute, sell, license, modify, publicly display, commercially exploit, create derivative materials from or otherwise use our content for commercial purposes.

Downloading or receiving a free resource does not transfer ownership of that resource or any associated intellectual property rights to you.

12. Prohibited Use

You must not use the Website:

• for any unlawful purpose or to infringe another person's rights;
• to interfere with the operation or security of the Website;
• to attempt to gain unauthorised access to our systems;
• to introduce malware, viruses or other harmful material;
• to scrape, harvest or systematically extract Website content or data without permission;
• to impersonate another person;
• to submit deliberately false or misleading information;
• to reproduce or commercially exploit our intellectual property without permission; or
• in any manner that could damage our business, Website, systems or reputation.

We may restrict or terminate access to the Website where we reasonably believe these Terms have been breached.

13. Website Availability and Accuracy

We aim to provide accurate and useful information. However, health, nutrition, science, technology and other information can change over time.

To the extent permitted by law, we do not warrant that all Website information will always be complete, current or error-free; the Website will always be available; access will be uninterrupted; the Website will be free from technical errors; or all information will be appropriate for every person or circumstance.

We may modify, update, remove or replace Website content without notice.

14. Third-Party Links and Services

Our Website may contain links to websites, platforms, products or services operated by third parties. These links may be provided for convenience or informational purposes.

We do not control third-party websites and are not responsible for their availability, content, security, accuracy, products, services or privacy practices. A link to a third-party website does not necessarily constitute our endorsement of that third party. Your use of third-party websites or services is subject to their own terms and policies.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Metro Dietetics Pty Ltd and its directors, officers, employees, contractors and representatives will not be liable for loss, damage, cost or expense arising from or connected with:

• your reliance on general information provided through the Website;
• your use or inability to use the Website;
• actions you take based solely on Website content without obtaining appropriate individual advice;
• interruptions, technical problems or Website errors;
• unauthorised third-party access outside our reasonable control; or
• third-party websites, products or services.

This limitation does not apply to liability that cannot lawfully be excluded or limited. Nothing in these Terms is intended to exclude, restrict or modify rights or remedies available to you under the Australian Consumer Law or any other applicable law where doing so would be unlawful.

16. Privacy

Your privacy is important to us. Our collection, use, disclosure and handling of personal information through the Website is governed by our Privacy Policy.

By using the Website, you acknowledge that personal information may be handled as described in that Privacy Policy, subject to your rights under applicable law.

17. Electronic Communications and SMS Terms

When you provide your contact details, we may communicate with you in connection with your resource request, enquiry, scheduled call, purchase or relationship with us.

SMS Messaging Program

If you separately opt in to receive text messages, you agree to receive recurring promotional and follow-up SMS messages from The Energy Code by Metro Dietetics concerning:

• your requested resources;
• your health goals or enquiries;
• attempts to contact you;
• consultations and scheduled calls; and
• our related programs and services.

Messages may be sent using automated technology. Your consent to receive SMS marketing messages is not a condition of purchasing any goods or services.

You must be at least 18 years old to participate in our SMS messaging program.

After opting out, you may receive a final message confirming your opt-out request. We will process opt-out requests as required by applicable law.

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to the availability of your mobile service and network.

We may change or discontinue our SMS messaging program at any time. Information collected through the SMS program will be handled in accordance with our Privacy Policy.

Where you have consented to other marketing communications, or where otherwise permitted by law, we may send information about our resources, programs and services. You may unsubscribe using the mechanism included in the relevant communication.

Our electronic communications are subject to applicable Australian and United States marketing and communications laws.

18. United States Users

If you access the Website from the United States, your use of the Website and our provision of services and communications may also be subject to applicable federal and state laws. Nothing in these Terms excludes rights or protections that cannot lawfully be excluded under applicable United States law.

Nothing on this Website is intended to establish a healthcare provider-patient relationship or provide individual medical diagnosis or treatment to a person in a jurisdiction in which Metro Dietetics Pty Ltd or the relevant practitioner is not authorised to provide such services.

Any professional services offered to a United States resident will be subject to the terms governing those services and applicable laws.

19. International Users

Our Website is operated by Metro Dietetics Pty Ltd from Australia. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

The availability of our Website in a particular country or jurisdiction does not necessarily mean that all of our professional services are available or permitted in that jurisdiction.

20. Changes to These Terms

We may amend these Terms from time to time to reflect changes to our Website, services, business practices or applicable law. The updated Terms will be published on this Website.

The “Last updated” date at the beginning of these Terms identifies when they were most recently revised. Where required by law, or where a change materially affects your rights, we may provide additional notice or request renewed consent.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where possible. If that is not possible, the relevant provision will be severed. The remaining provisions will continue in effect.

22. No Waiver

If we do not immediately enforce a provision of these Terms, this does not constitute a waiver of that provision or our right to enforce it later.

23. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Subject to any rights you have under applicable consumer protection laws or other laws that cannot lawfully be excluded, the courts of Victoria, Australia will have jurisdiction in relation to disputes arising from these Terms or your use of the Website.

Nothing in this section is intended to deprive a consumer of any mandatory rights or protections available under the laws applicable to them.

24. Contact Us

If you have questions about these Terms, please contact: