Your Sales Terms and Conditions should have a number of disclaimers in relation to the information you include on the website. Firstly that the information you are providing in relation to health and nutrition is not a substitute for medical care and should not be treated as such. It is the responsibility of each customer to assess with their doctor whether undertaking a course or changing their diet is recommended. You should also disclaim that the nutritional information, data and studies that you put your website should be assessed individually by each customer to see whether it is appropriate to them and their particular circumstances. You should state that as this information is from third parties you cannot guarantee its accuracy for customers.
You should ask customers to warrant before signing up to your course or buying your books, that they are well enough to participate in the services and understand the risks associated with changing their diet.
Refunds and Returns
Your Sales Terms and Conditions should set out how refunds will be provided, for both books and online courses. If a customer returns a book they may be required to pay the costs of shipping. If they are unable to undertake a course, you may want to provide them with the option for a credit so that they can take the course up at a later time. Your Sales Terms and Conditions should make clear that you cannot exclude guarantees and warranties provided for under Australian Consumer Law.
You should set out the delivery times for books and online courses. Usually for online courses, access to a portal or part of your website will be granted upon full payment of the course. You should set out that the customer is responsible for keeping their login details secure. You should also outline that courses are not transferable and that each customer must have one account each.
As part of your online courses it is likely that you will provide your customers with extensive intellectual property, including templates, guides and worksheets. Your Terms and Conditions should set out how you will license this content to participants. You should also set out how you will use their intellectual property, for example they may contribute posts or journals as a part of the course. You should set out whether this content remains their property or will be assigned to you.
As a nutritionist, if you don’t know how to go about drafting your Sales Terms and Conditions you should speak with a qualified, experienced business lawyer, preferably one with experience with Australian Consumer Law and drafting Sales Terms and Conditions. At LegalVision we work with nutritionists on a regular basis and can assist with you legal issues related to starting your business. So if you’re in need of legal advice, contact us on 1300 544 755 and speak with one of our business solicitors.
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