Terms of Use & Privacy Policy

To use this Website you agree to the following Terms of Use and Privacy Policy and and accept a the Disclaimer made of said  content products and services in total.

Privacy Policy. 
 

New Smart Diet Australia, have a firm commitment to privacy in accordance with the Privacy Amendment (Private Sector) Act 2000, which took effect in December 2001.

 

This privacy policy covers all personal information that we hold.

 

Collection of information

Whenever we collect personal information from you we will do so in a lawful and fair way. We will also advise you how and where to contact us.

 

If we collect the information from a third party we will take reasonable steps to advise you of that collection promptly.

 

We will tell you why we are collecting the information and the third parties to whom we usually disclose that information.

 

If you do not wish to provide the information we request, we will tell you what impact this will have.

 

Disclosing information

We will only disclose personal information in accordance with the Act. This means that it will be disclosed if:

  • We told you when collecting it that it would be disclosed for that purpose or for a related purpose that you would reasonably expect;

  • We have your consent;

  • It is part of business assets which we are selling;

  • We are required by law to disclose it; or

  • It is otherwise permitted under the Act

Opt Out

We will provide you with a low cost way of contacting us if you wish to opt out from receiving further marketing offers. 

 

In accordance with the Act, direct marketing offers will contain an opportunity to opt out.

 
Quality of information

We will take reasonable steps to ensure that the information that we collect, use and disclose is accurate, complete and up to date.

 

Security

We are committed to protecting your privacy and will take reasonable steps to ensure that the information we collect is protected from loss and misuse and from unauthorised access, modification and disclosure.

 

Access to the information we hold

You can access your personal information upon request. However, there are occasions when this access may be denied under the exemptions contained in the Act.

 

Availability of policy

This policy is available upon request. It will be reviewed from time to time and any amendments will be included in the updated policy.

Terms of Use. 
 

New Smart Diet Web Site is comprised of various Web pages operated by New Smart Diet . This Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions and notices.

 

Modification of these Terms of Use

New Smart Diet  reserves the right to change the terms, conditions, and notices under which the New Smart Diet  Web Site is offered, including but not limited to the charges associated with the use of the New Smart Diet  Web Site.

 

Shipping and Delivery

Orders within Australia: Item/s are dispatched within 1-2 business days after receipt of order

International Orders: Please allow 2-4 weeks for delivery, due to customs

Express post:  Orders usually arrive within 1-3 working days

Postage rate based on weight for all orders under $20 (within Australia)

Please also note that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full kilogram.

How are items shipped?

Our main courier is Australia Post

 

International Orders

Please note - some items may be confiscated by customs within your own Country (does not happen very often). Some items may not have a tracking system available (registered post can be tracked to tell us that it has left the country, traceable however this needs to be requested at time of sale . Registered post will give full tracking ability). New Smart Diet  takes no responsibility for the actions of others (customs or postal service) and cannot be held responsible for a parcel that gets lost or confiscated. 

 

Country Eligibility

New Smart Diet  products are not available for shipment to all countries. The delivery address that you specify must be within a country eligible to receive these products. New Smart Diet  reserves the right at any time, in its sole discretion, with or without notice to you, to expand or limit the countries eligible for receiving New Smart Diet  products. 

 

Guarantees

New Smart Diet  offers a 14 day return policy from date of purchase. Items must be returned unopened complete and undamaged.

 

Please Note: MP3s, e-books and courses are NOT eligible for refunds after they have been accessed.

1. License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

 

2. Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other restricted use. You agree not to infringe the rights of the Digital Content's copyright owner (New Smart Diet ) and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronisation, public performance, promotional use, commercial sale, resale, and reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of New Smart Diet International and is protected by law.

 

3. Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

 

4. All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download  

 

please contact New Smart Diet  customer service at support@smartdietclub.com

You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash.

Return/Refund Policy

 

Products must be returned in the same condition it was received.

New Smart Diet  offers a 14 day return policy from date of purchase. Items must be returned complete and undamaged. For items that were incorrectly ordered by the customer, the customer will be pay the return postage and the postage paid upon ordering will be deducted from any refund of returned goods.

Please include a copy of your invoice or invoice number from PayPal. If you do not have either of these, please include your first and last name, shipping/billing address, email address and phone number.

Return to:

New Smart Diet 

PO Box 206 

Isle of Capri

Australia

 

Refunds for the price of the product will be made within 7-14 days. Refunds are made to the purchasing credit card or to a supplied bank account. If the card has expired, please let us know the new expiration date in order to expedite your refund.

 

Please Note: MP3s, e-books and other digital products are NOT eligible for refunds after they have been accessed.

 

Cancellation of Events

New Smart Diet  events, once purchased are non-refundable.

 

 Prohibited Use

As a condition of your use of the New Smart Diet  Web Site, you warrant to New Smart Diet  that you will not use the New Smart Diet  Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the New Smart Diet  Web Site in any manner which could damage, disable, overburden, or impair the New Smart Diet  Web Site or interfere with any other party's use and enjoyment of the New Smart Diet  Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the New Smart Diet  Web Sites.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NEW SMART DIET WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  NEW SMART DIET  AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE  NEW SMART DIET WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE  NEW SMART DIET  WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.  NEW SMART DIET  AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW SMART DIET  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  NEW SMART DIET  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE  NEW SMART DIET  WEB SITE, WITH THE DELAY OR INABILITY TO USE THE  NEW SMART DIET  WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE  NEW SMART DIET  WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE  NEW SMART DIET  WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  NEW SMART DIET  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE  NEW SMART DIET  WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE  NEW SMART DIET  WEB SITE.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Brisbane. Queensland, Australia in all disputes arising out of or relating to the use of the  NEW SMART DIET  Site. Use of the  NEW SMART DIET Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and  NEW SMART DIET  as a result of this agreement or use of the  NEW SMART DIET  Web Site.  NEW SMART DIET  performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of  NEW SMART DIET  right to comply with governmental, court and law enforcement requests or requirements relating to your use of the  NEW SMART DIET  Web Site or information provided to or gathered by  NEW SMART DIET  with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and  NEW SMART DIET  with respect to the  NEW SMART DIET Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and  NEW SMART DIET  with respect to the  NEW SMART DIET  Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.