1. General

1.1. The terms and conditions upon which we will supply you with the N90 Health Products listed on the N90 Website which includes the N90 Program and N90 Health Products are set out in:

1.1.1. These Terms and Conditions of Sale of N90 Health Products,

1.1.2. The N90 Privacy Policy;

1.1.3. The N90 Website Terms of Use; and

1.1.4. Any additional guidelines and terms contained in the N90 Health Products, collectively known as the “Terms”.

2. Registration as a member of the N90 Website

2.1. To access the N90 Health Products you must first register as a member of the N90 Website as part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details).

2.2. You can only register as a single member on our website.

2.3. Only a member may purchase N90 Health Products or participate in the N90 Program;

2.4. You must not authorise third parties to use any N90 Product supplied by us to you via your Membership.

2.5. Your Membership is non-transferable.

2.6. You warrant that any information you give to us in the course of completing the registration process will be accurate, correct and up to date, and you are responsible for any loss we may suffer if the information provided by you is not correct.

2.7. We may suspend or terminate your membership if you provide information, we believe to be untrue, inaccurate, not current or incomplete.

3. Participating in the N90 Program

3.1. You must register to participate in the N90 Program.

3.2. In order to register you will be required to provide additional personal information including sensitive information.

3.3. The personal information you provide to participate in the N90 Program will be dealt with in accordance with our Privacy Policy.

3.4. If you do not provide the personal information, we may not be able to provide you with a N90 Program designed for you.

3.5. Further details regarding the N90 Programs are available on the N90 Website.

4. Password Login

4.1. Upon becoming a member of the N90 Website you will create a login and password and be granted access to N90 Health Products.

4.2. You are responsible for maintaining the confidentiality and security of your login and password. 

4.3. You are responsible for any and all activities which occur under your login and password.

4.4. Use of your login and password by any other person will result in immediate cancellation of your N90 Membership.

4.5. We are entitled to rely on password-protected access to your account as conclusive evidence of your identity and authority without further investigation.

5. Use of the N90 Program

5.1. You acknowledge and agree that the N90 Program is protected by copyright and all other intellectual property rights and laws, and remain our property.

5.2. Upon registering for the N90 Program you are entitled to download and print one copy of each of your N90 Program meal plans 

5.3. You are not permitted to distribute your meal plans to third parties.

5.4. You are entitled to a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the N90 Program in accordance with these Terms solely for your personal use and enjoyment.

5.5. You may not, and you may not authorise any third person to:

5.5.1. copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the N90 Program;

5.5.2. create derivative works from any content, information, software or the N90 Program;

5.5.3. convert the N90 Program into an electronic format other than the one in which it is supplied;

5.5.4. reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the N90 Program or reproduce all or any portion of the said components; or

5.5.5. remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

5.6. Breach of this clause entitles us to terminate your N90 Membership without refund of any instalments paid by you.

5.7. Breach of any of the Terms in this clause 5 may infringe copyright.

6. Payment of membership and N90 Health Products

6.1. You agree to pay the purchase price listed on the N90 Website for N90 Membership and any N90 Product you wish to purchase.

6.2. Payment of the Purchase Price may be made through Stipe, PayPal, Square (the ‘Payment Gateway Provider’) and you agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

6.3. You may pay your N90 Membership fees and/or N90 Program fees by monthly or quarterly instalments as outlined in the subscription options by PayPal, credit or debit card.

6.4. Your first instalment will be payable on the date your application for registration as a member of N90 Website and/or N90 Program is approved.

6.5. You must ensure that on each payment date there are sufficient cleared funds in your nominated account to meet your scheduled payment. 

6.6.  If your N90 Membership instalment payment is declined, we reserve the right to continue attempts to process your payment until successful. 

6.7. Your N90 Membership will be suspended immediately until the outstanding payment is received. We reserve the right to charge an administration fee of $50 per month for each declined payment.

6.8. All payments are to be in Australian dollars and include GST.

6.9. You may, at any time, change your N90 Membership from a monthly to a quarterly Membership and the unused portion of your prepaid monthly membership will be attributed to the quarterly N90 Membership on a pro-rata basis. The balance of the amount owing for the quarterly membership will be deducted immediately from your nominated account, at which time you will become a quarterly member of the N90 Website.

7. Cancellation of Membership

7.1. You can terminate your N90 Membership at any time by contacting us at [email protected].

7.2. If your payments are up to date you will not be required to pay any further amounts and you will continue to have access to your N90 Website membership and N90 Health Products until your next payment date.

7.3. Your installment payments are non-refundable. There are no refunds or credits for partially-used periods, unless you provide a certificate from a medical practitioner stating it would be detrimental to your health to continue participating in the N90 Program.

7.4. You may cancel your N90 Program membership and we will provide you with a pro-rata refund of your advance installment from the date of termination to the next payment date.

7.5. We may at any time, terminate your membership if you have breached any provision of the Terms or intend to breach any provision or we are required to do so by law.

7.6. If we terminate your membership due to your breach of this agreement, you will not be eligible for any credit, refund or discount or other consideration.

7.7. You will not be entitled to a refund if you cancel your membership for any other reason.

8. Ordering for N90 Health products

8.1. You may only purchase N90 Health Products if you are a member of the N90 Website.

8.2. You may order and purchase N90 Health Products through the N90 Website, to complete the order you will be required to provide personal information. Please refer to our N90 Privacy Policy for more information on how we collect and use your personal information.

8.3. We may at any time cancel any part of an order without liability (including those orders that we have accepted) if the ordered N90 Product is not available by the delivery date or if you are in breach of these Terms.

8.4. Subject to confirmation of payment for the online order of N90 Health Products and the N90 Health Product being available we will attempt to send you the N90 Health Product via registered post within 5 working days. If you have a query regarding your plan, please contact us at [email protected]

9. General Disclaimers

9.1.  You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the N90 Health Products other than provided for pursuant to these Terms.

9.2. Use of the N90 Website and any of the N90 Health Products will be at your risk. The N90 Health Products including the N90 Program and N90 Health Products are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.

9.3. Except as the Terms specifically state, or as contained in any express warranty provided in Terms, the agreement between you and us does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition or performance of the N90 Health Products or any contractual remedy for their failure

10. Australia Consumer Law 

10.1. We are not obliged to refund any payment you make to us for payment of a N90 Product except as required under the Australia Consumer Law or as set out in these Terms.

10.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

11. Third Party providers

Our employees, contractors and third-party providers are covered by these Terms.

12. Third party suppliers

We are not responsible for the quality of service provided by third party supplier. You must make direct arrangements with them.

13. Privacy

13.1. We may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to our Privacy Policy at www.n90.com.au. 

13.2. Your continued use of the Site and your provision of your personal information constitutes your approval for us to deal with your personal information.

14. Age

As a condition of your N90 Membership you warrant that:

14.1. You are at least 18 years old;

14.2. You are legally capable of entering into a binding contract; and

14.3. You reside in Australia.

15. General

15.1. Force Majeure

15.1.1. We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. 

15.1.2. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.

15.2. Notices

15.2.1. Any Notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address you provide in the Terms and if to us, at the address provided at the end of these Terms. 

15.2.2. Notices may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 5 business days in the case of post, or at the time of transmission in the case of an email.

15.3. Emails

15.3.1. We will not send you unsolicited emails. 

15.3.2. You may unsubscribe from our email communications at any time.

15.4. Severance

If any part of this Terms agreement becomes invalid or discontinued, you agree that the remaining parts will continue to be valid.

15.5. Waiver

Failure to enforce our rights under this agreement does not mean we are waiving those rights. Our rights under this agreement may still be enforced.