TERMS & CONDITIONS

Make It Fit With Nikki Pty Ltd (ACN 656 905 118) (we, our or us) provides an ongoing food subscription service by delivering customised meal plans for customers (you/your) based on their weight, age and physical activity level for a minimum period of eight (8) weeks (Services).

We own and/or operate this website [www.makeitfitwithnikki.com] (Site) and the mobile phone application (Mobile App) (collectively known as MyPtHub).

This page (together with the documents referred to on it) tells you the terms and conditions (Terms and Conditions) which applies to:

• Your use and/or access of the Platform which we may own or operate currently or in the future. • Your purchase of the products (Products) listed on the Platform via one of the Services. • Your subscription of the Services.

Please read these Terms and Conditions carefully before ordering any Products from the Platform, subscribing to one of our Services and/or using the Platform. By using the Platform, ordering any of our Products or subscribing to one of our Services, you agree to be bound by all of the Terms and Conditions and any policies stated on the Platform.

Please tick the checkbox in the shopping cart to accept these Terms and Conditions.

If you do not accept these Terms and Conditions, you should not access or use the Platform, order any Products or subscribe to any Services from the Platform.

1 Amendments to Terms and Conditions of Use

(a) We reserve the right to amend these Terms and Conditions and any policies at any time.

(b) Any amendments will be effective immediately upon notification on the Platform.

(c) Your continued use of the Platform following such notification will represent an agreement by you to be bound by the terms and conditions as amended. We therefore recommend that each time you access the Platform you read these Terms and Conditions and policies.

2 Your eligibility

(a) The use of and/or access to the Platform, Products and/or Services are only intended for individuals aged eighteen (18) years old or older.

(b) You represent and warrant that you are at least eighteen (18) years old and have the right, authority and capacity to enter into the Terms and Conditions and to abide by the Terms and Conditions. [If you are under the age of eighteen (18) years old, you should review these Terms and Conditions with your parent or guardian to make sure you and your parent or guardian understand them.]

(c) If you have any food allergies, intolerance, health conditions (including pregnancy) and/or special dietary requirements that may affect your use of the Products and/or Services in any way, you must notify us prior to your purchase of the Products and/or subscription of the Services.

3 Licence to use the Platform

Subject to the Terms and Conditions contained herein, we grant you a non-exclusive, non transferable, royalty-free licence to use the Platform for your personal and non-commercial use only.

4 Platform

(a) Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on the Platform without notice.

(b) We will not be liable if for any reason the Platform is unavailable at any time or for any period.

5 Mobile App

(a) You may access the Mobile App which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play (Mobile App Provider).

(b) You acknowledge and agree that:

(i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider);

(ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App;

(iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to:

1) product liability claims;

2) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and

3) claims arising under consumer protection or similar legislation;

4) in the event of any third party claim that the Mobile App or your possession and use of that Mobile

App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions;

5) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and

6) you must also comply with all applicable third party terms of service when using the Mobile App.

6 Prohibitions

(a) You must not misuse the Platform. You warrant that you will not:

(i) commit or encourage a civil and/or criminal offense;

(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii) hack into any aspect of the Platform;

(iv) corrupt data;

(v) cause annoyance to other users;

(vi) infringe upon the rights of any other person's proprietary rights;

(vii) send any unsolicited advertising or promotional material, commonly referred to as "spam";

(viii) attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform; or

(ix) infringe any applicable thirty party terms.

Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile phone, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any Linked Sites.

7 Linked sites

The Platform may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

8 Order

(a) To place an order to purchase the Products or subscribe to our Services via our Platform (Order), you will be required to create an account with us (User Account). When creating the User Account, you will be required to provide personal information including your name, email address, address for delivery of the Products, medical conditions and dietary requirements (Personal Information). These Personal Information will be collected, stored and used in accordance with clause 17.

(b) When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

(c) A contract between us will not be formed until we send you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products and/or Services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. We will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.

(d) We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Platform or in an Order.

(e) If we reject an Order, we will notify you in writing of that rejection within seven (7) days after you submit an Order.

(f) If we have any concerns with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within seven (7) days after you submit an Order.

(g) You are prohibited from purchasing any Products for resale to a third party or for trade purposes without our prior written consent.

(h) If we refuse an Order on or prior to delivery, a full refund, less any discounts, will be made within 10 Business Days.

9 Pricing

(a) The price of the Products and/or Services quoted and charged are in Australian dollars (AUD) and inclusive of GST.

(b) Whilst we try to ensure that all details, descriptions and prices which appear on the Platform are accurate, errors may occur. If we discover an error in the price of any of the Products and/or Services which we have advertised, we will correct the error straight away.

(c) Delivery costs will be charged in addition to the price of the Products and/or Services. Such additional charges are clearly displayed where applicable and included in the “Total Cost” at the checkout page.

(d) We may revise the price of Products and/or Services from time to time by notifying you in writing at least fourteen (14) days before the price revision takes effect. Unless you notify us in writing within seven (14) days of our notification of the price revision to you, we will apply the revised pricing to the Products and/or Services to your existing payment details without further notice.

10 Payment

(a) To complete an Order, you will be directed to the checkout page of the Platform for payment of the Products and/or Services. All payment for the Products and/or Services will be processed via a third party payment processing provider, Stripe ( https://stripe.com/au/payments).

(b) When making payment of an Order, you will be required to set up the weekly direct debit of your nominated account (Direct Debit) via the app when purchasing your package.

(c) If you elect to pay by Direct Debit, you hereby authorise us and/or Stripe to debit the weekly instalment of your Order on the same day every week from your nominated payment account until you provide prior written notice to us that you have terminated this authorisation or wish to change your payment method. This cancellation can only take place after the minimum term of eight weeks has been completed and there will need to be 1 week notice given prior to cancellation. You must ensure that there are sufficient funds available at the time of payment processing and all your nominated payment account details are correct and up to date. If we are unable to debit your payment method due to insufficient funds, we will suspend the Services until payment has been received by us. If payment cannot be made this will be referred to JMA debt collecting agency and legal action may be taken.

11 Cancellation and refund

(a) Please choose the Products and/or Services carefully. We do not normally provide refunds if you change your mind or make the wrong decision.

(b) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, we will not provide refund to any of the Products and/or Services once payment has been made, unless you provide us proof that you are experiencing financial hardship or suffering from medical conditions, if this is the case you are only entitled to a 50% refund of the total cost of the package if you have received your meal plan prior to your first week start date. If you are on the weekly payment plan the remaining balance of the 50% price of the package will need to be paid in full. Any meal plans given after the first week are not entitled to any refund. We will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund. Please see section 10 for our cancellation policy

12 Suspension

You may suspend the Services for a maximum of four (4) weeks during a period of twelve (12) months period by providing at least seven (7) days written notice to us.

13 Delivery

(a) While we do everything we can to ensure your Order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(b) Insurance is available at an extra cost on all delivery services. We will not cover any loss of the Products that are not insured.

(d) You must inspect the Products immediately upon their arrival and if the Products are damaged, defective or failed to comply with the Australian Consumer Law (ACL) then you must provide written notice to us within three (3) days of receipt of the Products.

14 Risk and title

(a) Title in the Products does not pass to you until we have received full payment of the Products including delivery charges.

(b) Risk of loss or damage to the Products passes to you upon dispatch of the Order.

15 Health and medical service disclaimer

Whilst we make every effort to make sure any information and/or advice provided on the Platform and any information in relation to the Products and the Services are accurate, correct and informative,

such information and/or advice do not contain or constitute, and should not be interpreted as, medical advice or opinion. You should discuss the Products and/or Services and consult with your doctor or other healthcare professional before using the Products and/or Services.

16 No guarantee of results

As the result of the Products and/or Services is dependent on the personal circumstances of each individual including your health profile, motivation and dedication, you acknowledge and agree that we cannot guarantee or warrant:

(a) the results or effectiveness of the Products and/or Services to achieve weight loss; or

(b) the Products and/or Services will achieve your objectives or needs.

17 Privacy policy

Any personal data will not be shared with any third party unless you as the client agree. By using the Platform, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

18 Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the ACL, the material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Platform or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

19 Limitation of liability

(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

(i) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.

(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the ACL to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, our total liability for loss or damage of every kind, whether: (i) arising pursuant to the Terms and Conditions; or

(ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the Products.

(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.

20 Intellectual property, software and content

(a) The intellectual property rights in all software and content (including photographic images) made available to you on or through the Platform remain our property or property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors.

(b) You may store, print and display the content supplied on the Platform solely for your own personal use.

(c) You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Platform nor may you use any such content in connection with any business or commercial enterprise.

21 Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page. We reserve the right to withdraw linking permission without notice.

22 Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Platform are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Platform are owned by the respective trade

mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

23 Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Platform or your breach of the Terms and Conditions.

24 Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

25 Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at [mealplansbynikki@gmail.com]

26 Entire agreement

These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

27 Governing law and Jurisdiction

These Terms and Conditions are governed by the laws of the State of Victoria. You agree to submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

28 EVOLVE Program

There will be no guidance during your time on the challenge, however there will be email support at mealplansbynikki@gmail.com Mon-Friday if you have any questions or concerns. Meal plans & Workouts are all set and cannot be amended as this is only for premium coaching clients. We can however make suggestions if you are needing help with swapping food items or workouts yourself.

This program is suitable to individuals who do not have any food intolerances and follow a regular diet (not suitable for vegans or vegetarians) We are not medical practitioners and will not be held responsible for injuries caused during the challenge. Please note once you have purchased this program you will receive a welcome pack via email and a link to the app within 24hrs. We have a strictly no refund policy once you have purchased this program.

29 Make It Fit With Nikki E-books

There will be no refunds given under any circumstances for any purchases on the Make it Fit With Nikki Volume E-books as this is sent as a digital download copy. These E-books are based on a 7-day meal plan that consists of snacks, one breakfast, one lunch, two alternating dinners and a dessert for the week. This will change into different meals and snacks for the following weeks but will be based on the same structure. Clients will need to calculate their own calorie deficits prior to purchasing an E-book. There is a calorie calculator located in the shop which clients can use as rough estimate of the calories they need to be on but please be mindful that this calculator isn't always correct with its calculations and we do recommend following a proper formula which can be found online. Make it Fit with Nikki Pty Ltd will not take any responsibility for injury or death caused as a result of allergies or intolerances and individuals who do purchase our E-books will need to make sure they do not have any allergies or intolerances to the ingredients used and will need to make adjustments to the meals if they do wish to purchase an E-book.

TERMS & CONDITIONS

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