TERMS AND CONDITIONS
Course Enrolment, Member Accreditation and Ongoing Registration
Sports Nutrition Group
1. Definitions and Interpretation
1. In these Terms and Conditions, a reference to the following words has the meaning set out adjacent to them, unless the context in which the words are used requires otherwise:
2. Application means your application to enrol in a course that is offered by Sports Nutrition Group (or any of its constituent companies), which may without limitation take the form of an online enrolment application available through the website of a Sports Nutrition Group company.
3. Accreditation means the status conferred upon satisfaction of specific requirements outlined in the Membership Schedule and the subsequent approval of one or more of the members of the Sports Nutrition Group (at the discretion of the Sports Nutrition Group).
4. Agreement means the Registration Form, your Application, any Direct Debit Request and Direct Debit Agreement that you have completed, these Terms and Conditions and any schedule, annexure or other attachment and any other practice, rules, or directions reasonably provided by the Sports Nutrition Group.
5. Confidential Information includes any information which either party accesses or which is communicated to one party (Receiving Party) by the other (Disclosing Party) in the course of Your Accreditation, Registered Membership, and completion of the Course which:
(a) is identified as confidential; or
(b) which the Receiving Party should reasonably expect to be confidential.
6. It includes, but is not limited to:
(a) any trade secrets or information relating to the Sports Nutrition Group, other Registered Members, or clients;
(b) client lists or requirements;
(d) terms of trade;
(e) pricing lists;
(f) pricing structures;
(g) marketing information and plans;
(h) Intellectual Property;
(j) business plans or dealings;
(k) technical data;
(l) employees or officers;
(m) financial information and plans;
(o) research activities; and
(p) software, and the source code of any such software,
of the Sports Nutrition Group.
7. It does not include information which:
(a) is generally available in the public domain; and/or
(b) is required to be disclosed by law by the Receiving Party.
8. Course means the course detailed in the Enrolment Schedule.
9. Deferral and Extension Fees means those fees set out in the Enrolment Schedule.
10. Direct Debit Request means an application to request that Sports Nutrition Group directly debit payments from your nominated banking account, which will take the form prescribed by Sports Nutrition Group from time to time.
11. Direct Debit Agreement means the agreement provided to you by Sports Nutrition Group enabling it to directly debit payments from your nominated banking account, which will take the form prescribed by Sports Nutrition Group from time to time.
12. Dishonour Fee means the Dishonour Fee referred to in the Membership Schedule.
13. Enrolment Fees mean the fees payable by you to Sports Nutrition Group for participation in a Course, as calculated in accordance with clause 7.1.
14. Facilities includes but is not limited to tools, equipment, machinery, weights, or other amenities of one or more members of the Sports Nutrition Group at the Location.
15. Insurance means the insurance required to be held by each Registered Member pursuant to the requirements of the Sports Nutrition Group as amended from time-to-time, which at the time of these Terms & Conditions is provided by Arthur J Gallagher & Co.
16. Intellectual Property means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names and copyright.
17. Location means any establishment or venue where the Services are carried out.
18. Membership Fees means the annual fee payable in order for you to maintain your status as a Registered Member, calculated in accordance with clause 7.2.
19. Membership Schedule means the membership schedule attached at Schedule 1.
20. Registration Form means the Registration Form submitted with and for Your application for Accreditation and Registered Membership;
21. Registered Membership means Your membership with the Association, after approval by one or more of the Sports Nutrition Group (as its discretion), creating a Registered Member.
22. Reinstatement Fee means the reinstatement fee contained in the Membership Schedule.
23. Services means the service offerings You provide as a Registered Member.
24. Sports Nutrition Group means Sports Nutrition Association Pte . Ltd (UEN 201931455D) and Sports Nutrition Australia Pty Ltd (ACN 621 972 638) and Regulatory Body for Sports Nutrition Australia Inc (ABN 96 569 070 212), or any of them as the context of these terms requires..
25. You/Your means the Registered Member.
(a) Words denoting the singular number include the plural and vice versa.
(b) Words denoting any gender include all genders.
(c) All references to “$” and “dollars” and “USD” are to the lawful currency of the United States of America. Unless otherwise states all monetary figures are in the lawful currency of the United States of America.
(d) Headings are for convenience only and do not affect interpretation.
(e) References to clauses and sub-clauses are references to clauses and sub-clauses of these Terms & Conditions.
(f) Where any of the Parties hereto comprises more than one person, any covenants, agreement, or obligation undertaken, or benefits received by virtue of this Deed, shall be undertaken, or received by all of them jointly and each of them severally.
(g) Reference to any legislation or any section or provision thereof includes any statutory modification or re enactment, or any statutory provision substituted including any ordinances, bylaws, regulations, or other statutory instruments issued under such legislation.
(h) References to Sports Nutrition Group include references to each company forming the Sports Nutrition Group as the context and circumstances require.
(i) Other forms of defined words have corresponding meanings.
2. Acceptance and Commencement
(a) This Agreement commences on the date that:
(i) in relation to your Application to participate in a Course, Sports Nutrition Group accepts your Application to enrol in the relevant Course; or
(ii) in relation to your application to become a Registered Member, Sports Nutrition Group accepts your Registration Form.
(b) By making an Application or submitting a Registration Form, you are agreeing to be bound by these Terms and the terms of our Agreement.
3. Scope of This Agreement
This Agreement does not create any fiduciary, employment, agency, or partnership relationship between You and any or all of the members of the Sports Nutrition Group.
4. Application, Membership Schedule and Approval Process
(a) Sports Nutrition Group retains absolute discretion as to whether an Application or Registration Form that You submit is approved, and whether You are ultimately granted Accreditation and Registered Membership.
(b) Sports Nutrition Group will inform You via email whether it has or has not approved Your Application or Registration Form.
(c) If Sports Nutrition Group is not satisfied that:
(i) You have met with the necessary prerequisites to participate in a Course; or
(ii) Accreditation and Registered Membership should be conferred, it will provide written notice to You. Sports Nutrition Group is not obliged to provide You with reasons for its decision.
(d) Sports Nutrition Group reserves the right at its complete discretion to issue you with either a “provisional” or “open” Registered Membership, which will be based off Sports Nutrition Group’s assessment of your skills and qualifications.
(e) Where Sports Nutrition Group has issued you with a provisional Registered Membership, you will be entitled to provide the following Services as a Registered Member:
(i) work with low-risk general population clientele only;
(ii) no work with athlete clients; and
(iii) eligible for Insurance through Sports Nutrition Group’s provider.
(f) Where Sports Nutrition Group has issued you with an open Registered Membership, you will be entitled to provide the following Services as a Registered Member:
(i) fully accredited to practice as a Sports Nutritionist;
(ii) work with athletes from all sports, including low-moderate risk clientele;
(iii) eligible to enrol in further weight making accreditation programs offered by Sports Nutrition Group;
(g) eligible to enrol in contest preparation accreditation programs offered by Sports Nutrition Group; and
(h) eligible for Insurance through Sports Nutrition Groups’ insurance provider.
(a) You must be over the age of eighteen (18) to participate in a Course provided by the Sports Nutrition Group unless written permission from a parent or guardian is supplied.
(b) Sports Nutrition Group reserves the right to set educational prerequisites at its discretion that you must satisfy in order to participate in a Course.
(c) Without limiting subparagraph (b), in order to submit an Application for a Course it is a prerequisite of Sports Nutrition Group that you either have enrolled in and completed:
(i) a Graduate Diploma in Applied Sports Nutrition; or
(ii) a Bachelor in Exercise Physiology (Biochemistry and Physiology Major).
(d) Without limiting subclause 5(b), it is a prerequisite of any Course that You have an English literacy score of at least 5.5.
(e) In order to become a Registered Member You must have submitted Your Registration Form prior to the
commencement of the second week of the Course.
(f) By submitting Your Registration Form You acknowledge, warrant, and agree that You are eligible to practice as a sports nutritionist and provide the services in relation to same.
(g) You warrant that all information provided in the Registration Form and to the Sports Nutrition Group via other forms of communication is, to the best of Your knowledge, true, accurate and complete, and agree to maintain this standard of communication throughout the registration process, any Course in which you participate and Registered Membership generally.
(h) Sports Nutrition Group may at their absolute discretion request additional information, supporting documentation and professional references, in addition to the information presented on the Registration Form or any Application, in order to further assess Your eligibility to participate in a Course, for Accreditation and to become a Registered Member.
6.1 Course Participation
(a) You acknowledge and agree when you enrol in a Course that:
(i) You must not engage in any conduct that might mislead, deceive, confuse, or otherwise misrepresent to any person the nature of your qualifications, that status of your enrolment in a Course, the status of your Membership (to the extent that You have not yet been granted Membership) or the status of any Accreditation that You hold; (ii) You must at all times behave respectfully towards all other Course members, lecturers and markers; (iii) You will observe all cultural and religious sensitivities of other members of Courses as well as lecturers or markers; and (iv) You will not act in a manner that is disruptive or may be reasonably objectionable to other participants in your course or Members of Sports Nutrition Group; and (v) You will comply with all reasonable directions of Blooms regarding your conduct and etiquette generally.
(i) You must not engage in any conduct that might mislead, deceive, confuse, or otherwise misrepresent to any person the nature of your qualifications, that status of your enrolment in a Course, the status of your Membership (to the extent that You have not yet been granted Membership) or the status of any Accreditation that You hold;
(ii) You must at all times behave respectfully towards all other Course members, lecturers and markers;
(iii) You will observe all cultural and religious sensitivities of other members of Courses as well as lecturers or markers; and
(iv) You will not act in a manner that is disruptive or may be reasonably objectionable to other participants in your course or Members of Sports Nutrition Group; and
(v) You will comply with all reasonable directions of Blooms regarding your conduct and etiquette generally.
(b) You acknowledge and agree that your failure to comply with the standards of behaviour as prescribed by clause 6.1(a) will entitle Sports Nutrition Group, in its sole discretion, to terminate your enrolment without refund in any Course in which you are participating.
6.2 Registered Member
(a) You must provide the Services with due care and skill, diligence, efficiency, honesty, and with integrity. Unethical or improper behaviour is not acceptable and must be reported to Sports Nutrition Group via email or telephone.
(b) You must, at all times, comply with any and all of each and all of the members of the Sports Nutrition Group’s code of ethics and professional conduct, position statement on practicing standards, risk assessment and triage processes, created from time to time and any other documents produced by members of the Sports Nutrition Group in relation to the conduct of a Registered Member.
(c) You must not engage in any conduct that might mislead, deceive, or confuse any person in relation to, or otherwise misrepresent, the nature, status, scope or effect of Your Registered Membership or Accreditation.
(d) You must not delegate Your Registered Membership or Accreditation, or the activities associated with Registered Membership or Accreditation, to any other person.
(e) You must not copy, reproduce, or duplicate the original accreditation certificate issued to You by any one or all of the members of the Sports Nutrition Group
7. Extension Policy and Deferments
(a) You are required to complete the Course and all assessments within the timeframe set for the Course and assessments.
(b) If you need additional time to continue beyond the end date of your Course or assessment, an application for course extension must be made prior to the end date or submission date (whichever is applicable). The Sports Nutrition Group is not obliged to extend your enrolment or assessment submission date if you have not made appropriate arrangements or course progression prior to the end date.
(c) If the extension is not approved, Sports Nutrition Group reserves the right to withdraw you from the Course without notice or to fail You for the relevant assessment or unit.
(d) Each application for deferment will be considered on its merits and will be granted or refused by the Sports Nutrition Group in its sole discretion (including the period of the deferment).
(e) Should a deferment be granted, all fees paid will then be held in trust for the deferment period and any funds held on trust will not be transferrable to any other course qualification, person, or entity.
(f) On the expiration of the deferment period, any funds not utilised in continuing training or Course will be retained by Sports Nutrition Group.
8. Enrolment Fees, Membership Fees and Payment
8.1. Enrolment Fees
(a) The Enrolment Fees for Your participation in a Course will be notified to you at the time of making your Application.
(b) In the event that no Enrolment Fees were specified in the process of making your Application, the Enrolment Fees will be calculated as follows:
(i) where you have made a single upfront payment for participating in the Course – $2,889.00 USD;
(ii) if you have entered into a 9 week payment plan – nine equal payments of $356.00 USD, commencing from the date of acceptance of your Application;
(iii) if you have entered into a 7 month payment plan – 7 equally monthly payments of $506.00 USD commencing from the date of acceptance of your Application; and
(iv) if you have entered into an 18-month payment plan – an initial payment of $499.00 USD followed by 17 monthly
payments of $225.00 USD, commencing from the date of acceptance of your Application.
8.2. Deferral and Extension Fees
(a) Where You are late to submit or complete any content, module or assessment that forms part of a Course (Late Submissions), Sports Nutrition Group reserves the right to charge additional fees to You. These additional fees relate to the additional time, expense and cost incurred by Sports Nutrition Group in engaging third parties to assess and grade submissions and modules outside of designated Course deadlines.
(b) Additional fees associated with Late Submissions will be advise to you at the time of submitting your Application. If no additional Late Submission fee is specified at the date of filing your Application, the additional fees for Late Submission will be calculated on the following basis:
(i) Lectures completed by extended due date (in homework timeline) $299.00 USD;
(ii) Quizzes completed by extended due date $299.00 USD;
(iii) Risk Assessment completed by extended due date $299.00 USD;
(iv) Case Studies x 6 completed by extended due date $199.00 USD per case study.
8.3. Failure to Meet Competency
(a) You are permitted one resubmission of work or assessment following assessor feedback which must be made within 10-days of feedback being sent to You (Resubmission Due Date).
(b) Any submission filed after the Resubmission Due Date (including where additional submissions are required as a result of your initial submission being assessed as inadequate) Sports Nutrition Group reserves the right to charge resubmission fees as set out in 7.2(b)
(c) Sports Nutrition Group reserves the right at any time after Your initial submission to refuse to accept a resubmission from You and to notify You that you have failed the relevant Course (Course Failure).
(d) You acknowledge and agree that a Course Failure does not entitle you to any refund of fees that have been paid in respect of your enrolment and participation in that Course.
8.4. Membership Fees
(a) The Membership Fees required for you to become or remain a Registered Member, and to Maintain your Accreditation will be notified to you:
(i) initially at the time of submitting your Registration Form; and
(ii) subsequently on an annual basis at the time renewal of your Registered Membership becomes due.
(b) Sports Nutrition Group reserves the right to increase Membership Fees at its discretion and, where an increase occurs, will provide you with notice of that increase prior to the renewal of your Registered Membership falling due.
(c) If no notification is provided to you as contemplated by clauses 7.4(a)(i) or 7.4(a)(ii), the Membership Fees that you will be charged will be calculated on the following basis:
(i) an upfront annual fee of $399.00; or
(ii) if Sports Nutrition Group has approved a fortnightly payment plan, a fortnightly fee of $21.50; or
(iii) if Sports Nutrition Group has approved a weekly payment plan, a weekly fee of $12.30.
(d) You acknowledge and agree that the Membership Fee is an annual fee and, accordingly, in circumstances where you choose to cease being a Registered Member, you are still required to pay out the remained of any annual fee due and owing.
8.5. Payments Generally
(a) You acknowledge and agree that:
(i) a surcharge of 2% will apply to all credit card payments that are processed by Sports Nutrition Group; and
(ii) Direct debits are subject to the Direct Debit Request and Direct Debit Agreement that you are provided by Sports Nutrition Group at the time of submitting and Application or Registration Form, or if a third-party direct debit provider is used, the third party’s direct debit terms and conditions.
(b) If any payment of Fees that you are required to make to Sports Nutrition Group is dishonoured and reinstatement is required, then you will be liable to pay the following:
(i) a Dishonour Fee of $49.00; USD and
(ii) a Reinstatement Fee of $499 USD.
(c) You acknowledge that the amounts referred to in 7.5 (b)(ii) are a genuine estimate of the administrative fees incurred by Sports Nutrition Group in addressing a dishonoured payment and subsequently reinstating You as a Registered Member.
(d) Your first Payment for a Course will be payable on the date that approval of Your Application is granted for the Course, and the recurring Payments will be due on the same date of the following month. .
(e) Any fee deferral or extension fees are payable on the same date that Your deferral or extension is agreed.
(f) It is Your responsibility to ensure that on each payment due date there are sufficient cleared funds in Your nominated account to meet Your scheduled payment. Should Your credit or debit card payment decline on the agreed date, Sports Nutrition Group reserves its right to continue attempts to process Your payment.
(g) If a payment is declined at the time of attempting to process the payment, Sports Nutrition Group will attempt to process the declined amount once every twenty-four (24) hours for seventy-two (72) hours (three (3) times in three (3) days).
(h) If a payment remains outstanding and in arrears after an attempt to process that payment in the manner described at (g), a member of the Sports Nutrition Group (at its discretion) will charge You the Dishonour Fee and You agree to pay the Dishonour Fee in addition to the payment.
(i) If You fail to pay the outstanding payment and the Dishonour Fee and any interest payable within thirty (30) days of the original declined payment, Sports Nutrition Group will cancel your Registered Membership and access to any online platform, resource or communication channel hosted by any of the Sports Nutrition Group.
(j) If Your Registered Membership is cancelled it will need to be reinstated. If You request that Your Registered Membership is reinstated, You must pay all outstanding payments, Dishonour Fees, interest and the Reinstatement Fee prior to your Registered Membership being reinstated.
(k) If a payment is declined after your Registered Membership has been reinstated, the process and consequences referred to in this clause 7.5 are repeated. If Your Registered Membership is cancelled for a second time, Your Registered Membership may not be reinstated, and reinstatement is at the sole discretion of Sports Nutrition Group.
(l) Should Your credit or debit card expire or be cancelled, it is Your responsibility to provide Sports Nutrition Group with new card details to ensure payments continue to be successfully debited.
(m) Sports Nutrition Group may charge interest at the rate of 12.5% per annum on any payment that
remains unpaid fourteen (14) days after the payment was due. Sports Nutrition Group reserves the right to engage external debt collection services for the collection of unpaid debts, and the right to commence legal proceedings for any outstanding amounts owed to any member of Sports Nutrition Group. You will be liable for all costs involved, including legal fees, on a solicitor/client basis.
(n) Sports Nutrition Group’s pricing structure, payment methods, payment processes and these Terms and Conditions may be amended at any given time at the Sports Nutrition Group’s reasonable discretion.
(o) All changes will apply from the date that the amended or new Terms and Conditions are posted on the website of a member of the Sports Nutrition Group or are provided to You, whichever is earlier.
9. Duration and Renewal of Accreditation and Registered Membership
(a) Subject to compliance with these Terms and Conditions, Accreditation and Registered Membership continues until the expiry date referenced on the accreditation certificate provided to you at the time your Registered Membership is approved or as set out in the Membership Schedule.
(b) Your Accreditation and Registered Membership will be automatically renewed each calendar year, subject to Your continued compliance with the terms of this Agreement. You shall inform the Association via email or telephone thirty (30) days prior to the end of each calendar year, if You do not intend to renew Your Accreditation or Registered Membership for the following calendar year.
10. Suspension Or Termination of Accreditation and Registered Membership
10.1. Termination Generally
(a) You may terminate Your Accreditation and Registered Membership at any time by giving the Association at least thirty (30) days written notice. The notice must be sent to the email address nominated by Sports Nutrition Group from time to time.
(b) In addition to the specific right afforded at 8.5(i), the Sports Nutrition Group may suspend or terminate Your Accreditation and Registered Membership if:
(i) You breach any of the terms set out in this Agreement;
(ii) You require Sports Nutrition Group to act unlawfully or unethically;
(iii) the Sports Nutrition Group reasonably believes that Registered Membership is no longer appropriate; or
(iv) You fail to make Payment.
(c) If Your Accreditation and Registered Membership is terminated by either You or by the Sports Nutrition Group pursuant to 8.5(i) or 1.1(a), You agree that the Sports Nutrition Group is entitled to all payments that would have been due for the remainder of the current membership term at the time of termination (if any).
(d) On termination of this Agreement, You agree to promptly return (where possible) or delete or destroy (where not possible to return) all of the members of the Sports Nutrition Groups’ Confidential Information and Intellectual Property, and all documents containing or relating to all of the members of the Sports Nutrition Groups’ Confidential Information and Intellectual Property.
(e) Any accrued rights or responsibility of You or the Sports Nutrition Group are not affected by the termination of this Agreement.
(f) On termination of this Agreement, the members of the Sports Nutrition Group will remove Your access to all Registered Membership Services including but not limited to online platforms and communication channels, face to face workshops and events and the members of the Sports Nutrition Group will not be liable for any claims related to the removal of Your access to these, Your Registered Membership or Accredited status.
(g) No refund is provided if this Agreement, Your Accreditation or Registered Membership is terminated or suspended for any reason.
10.2. Prohibition on Continued Association
(a) Upon termination of this Agreement or your Membership with the Association for any reason pursuant to these Terms and Conditions you acknowledge and agree that you must immediately ncease and forever refrain (except to the extent that your Membership is renewed) from:
(i) representing, asserting or otherwise holding out in any way that you are associated with Sports Nutrition Group;
(ii) indicating to your own customers or the public generally that you are an accreditedor approved provider of services or training methods that are supported or endorsed by Sports Nutrition Group (acknowledging that such ser vices and training methods constantly evolve and develop and the skills you obtained through your Course may no longer be current);
(iii) representing, asserting or holding out in any other form that you are a “Spor ts Nutritionist” in the context of the training and certification provided by Sports Nutrition Group;
(iv) using any of the Sports Nutrition Group Intellectual Property and, in particular, any trade mark or certification trade mark of Sports Nutrition Group.
(b) You acknowledge and agree that the above prohibitions are reasonably necessary for Sports Nutrition Group to:
(i) protect its business and the goodwill and reputation in its business and trade marks; and
(ii) comply with its own regulatory and quality control and assurance obligations.
Any use of the Sports Nutrition Groups’ property, Facilities or Locations are at Your own risk, and you indemnify them against any and all claims, damages, costs, or liabilities that may arise as a consequence of Your use of the property, Facilities or Location.
(a) It is a requirement of the Privacy Act 1988 that You are informed about the collection of Your personal information and how the Association may use it.
(c) The personal information You provide during the term of this Agreement is being collected for the purpose of processing Your Registration and Accreditation. You have a right to access and make alterations to Your personal information.
(d) The Association agrees not to disclose Your personal information to any third party unless or except:
(i) as required for the legitimate interests of the Sports Nutrition Group business;
(ii) to the extent that the disclosure relates only to the fact that you have previously participated in programs offered by Sports Nutrition As sociation , that your Accreditation is either current or noncurrent, that you are no longer a Member of the Association, or that you are no longer affiliated with or endorsed by the Sports Nutrition Group;
(iii) legally required to do so or to its professional advisors.
(a) You must not make any public comment or remark that is, or is likely to be, disparaging, derogatory or harmful to Sports Nutrition Group regarding:
(i) the nature and quality of the education services provided by Sports Nutrition Group;
(ii) the membership and association services provided by the Association; and
(iii) any of the directors, agents employees or other personnel of the Sports Nutrition Group.
(b) Where you have a complaint or criticism you must notify Sports Nutrition Group of the complaint or criticism in writing (Complaint Notice).
(c) Upon receipt of a Complaint Notice Sports Nutrition Group will contact You within ten (10) business days to resolve the matters the subject of the Complaint Notice.
(d) For the avoidance of doubt this clause 15 applies only in respect of public comments or remarks as contemplated by clause 15(a). Any disputes regarding the terms of this Agreement or the performance of the obligations of the parties under this Agreement must be dealt with in accordance with clause 16.
14. Confidential Information
You agree not to disclose the Confidential Information of the Sports Nutrition Group to any third party, to use all reasonable endeavours to the Confidential Information of the Sports Nutrition Group from any unauthorised disclosure, and only to use the Confidential Information for the purpose for which it was disclosed or provided by Sports Nutrition Group to You, and not for any other purpose.
15. Intellectual Property
(a) The work and materials that Sports Nutrition Group provides to you in carrying out the Services contains material which is owned by or licensed to Sports Nutrition Group , or owned by third parties, and is protected by Australian and international laws (Materials). Sports Nutrition Group owns the copyright in all creative, literary and original works incorporated in the Materials that Sports Nutrition Group has created, including any sports nutrition programs, meal plans, exercise regimes, supplement programs, business plans, social media strategies and any other documents or concepts provided in either spoken or written form within the scope of Your Accreditation and Registered Membership with Spor ts Nutrition Group, including those disseminated during professional development seminars.
(b) You agree that Sports Nutrition Group owns all intellectual property rights in its Materials, and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property ownership rights in Sports Nutrition Group Materials, except as stated in these Terms and Conditions or with Sports Nutrition Group’s written permission. Your use of Sports Nutrition Group’s Materials does not grant You a license, or act as a right of use, of any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms and Conditions or with the Association’s written permission.
(c) If You are provided with any Materials during Your Accreditation or Registered Membership, then the copyright in these Materials shall remain vested with Sports Nutrition Group and shall only be used at Sports Nutrition Group’s discretion. You must not:
(i) alter or modify any of the Materials;
(ii) create derivative works from the Materials; or
(iii) use Sports Nutrition Group’s Materials for commercial purposes such as on sale to third parties, without Sports Nutrition Group’s prior express written permission.
(d) You acknowledge and agree that You must not use the Sports Nutrition Group’s Materials to create a business that is similar to that of the Sports Nutrition Group, If You do so, Sports Nutrition Group reserves the right to immediately terminate Your Registered Membership andr the Agreement.
(e) Sports Nutrition Group reserves its right to pursue any loss or damage suffered as a result of copyright or Intellectual Property infringement by You or any third party.
(f) This clause survives termination of the Agreement.
(a) You agree to obtain and maintain the Insurance throughout the course of Your Registered Membership.
(b) The cost associated with obtaining Insurance is set by the third party provider of Sports Nutrition Group and will be notified to You at the time of obtaining that Insurance.
(c) You agree that, should Your Insurance lapse, any member of the Sports Nutrition Group may at their sole discretion and without notice to You, report the lapse to the Insurance provider, the consequence of this being Your Insurance will be cancelled.
(d) In the event that your Insurance is cancelled, Sports Nutrition Group reserves the right to cancel your Registered Membership and Accreditation.
(e) Sports Nutrition Group may from time-to-time amend or change the required Insurance to be held by Registered Members. Sports Nutrition Group agrees to take reasonable steps to notify you of any change.
(f) You shall obtain and maintain valid and enforceable public liability, professional indemnity insurance policies to cover any potential liabilities of:
(i) You, in the scope of Your professional duties as a sports nutritionist; and
(ii) any of the members of the Sports Nutrition Group, arising out of any breach of this Agreement, or any act or omission committed by You, as if each member was a jointly insured party under each of those policies.
(g) For the avoidance of doubt, at the time of these Terms & Conditions, the Insurance fulfils the requirements of (e).
(h) You agree to, upon request, provide the Association with certificates of currency and any other evidence of Your compliance with this clause 15 that the Association may reasonably require.
(a) You are liable for and agree to indemnify, defend, and hold the Sports Nutrition Group harmless for and against any and all claims, liabilities, suits, actions, and expenses, including costs of litigation and legal costs, resulting directly or indirectly from:
(i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(ii) the Sports Nutrition Group (or an individual member) providing You with Accreditation and Registered Membership;
(iii) any breach of this Agreement; and
(iv) you delivering Services to the public.
(b) You agree to cooperate with the Sports Nutrition Group (at Your own expense) in the handling of disputes, complaints, investigations, or litigation that arise as a result of Your Services including but not limited to disputes, complaints, investigations, or litigation that arises out of or relates to incorrect information You have given the Sports Nutrition Group.
(c) The obligations under this clause will survive termination of this Agreement.
18. Limitation of Liability
(a) To the fullest extent permitted by law, the Sports Nutrition Group shall not be liable to You for any costs, expenses, loss of or damage to goodwill, loss of sales or business, loss, or damage (whether direct, indirect, or consequential, and whether economic or other) arising from Your Accreditation and Registered Membership, or any termination of the rights granted to You under, or otherwise in connection with, this Agreement.
(b) The Sports Nutrition Group’s liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with this Agreement, shall at all times be limited to the amount of the Payments made by you under this Agreement.
19. Dispute Resolution (Mediation)
(a) If a dispute (Dispute) arises between the parties to this Agreement which they cannot resolve, then the party claiming that a Dispute has arisen must deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).
b) During the period of 10 Business Days after delivery of the Dispute Notice, or any longer period agreed in writing by the parties to the Dispute (Initial Period) , the parties to the Dispute (Participants) must meet and use their reasonable endeavours and act in good faith in an attempt to resolve the Dispute.
(c) If the Participants cannot resolve the Dispute then unless they all agree otherwise, the Participants must appoint a mediator to mediate the Dispute in accordance with the rules of the Resolution Institute. All Participants must participate in the mediation in good faith.
(d) The mediator must be agreed on by the Participants within 10 Business Days after the Dispute Notice is given to the Participants and if they cannot agree within that time the mediator will be nominated by the president of the Resolution Institute.
(e) The mediation concludes when:
(i) all the Participants agree in writing on a resolution of the Dispute; or
(ii) a Participant, not earlier than 20 Business Days after appointment of the mediator, has given 5 Business Days’ notice to the other Participants and to the mediator, terminating the mediation, and that 5 Business Days has expired without all the Participants agreeing in writing on a resolution of the issue.
20. Goods and Services Tax
(a) Unless otherwise expressly stated, all amounts stated to be payable under this document are exclusive of goods and services tax (GST). If GST is imposed on any supply made under or in accordance with this document, then the GST payable must be paid to the supplier as an additional amount by the recipient of the supply, provided the msupplier provides a tax invoice in respect of the taxable supply.
(b) If a party is entitled to be reimbursed or receive compensation for any of its costs, expenses or liabilities then the amount to be paid is to be reduced by the input tax credits to which that party is entitled to receive in relation to those amounts.
21. General Matters
(a) You must not assign, novate or otherwise transfer any of your rights or obligations under this ndocument without the prior written consent of Sports Nutrition Group.
(b) Neither party is liable for any breach of its obligations under this document to the extent that the breach resulted from any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps or overcome by the exercise of reasonable diligence and at a reasonable cost (including lack of supply, industrial action, fire, riot, war, embargo, civil commotion for act of God) provided that the affected party:
(i) promptly notifies the other party of the event (with appropriate details); and
(ii) takes all reasonable steps to work around or reduce the effects of the event.
(c) Any amendments to this Agreement must be made in writing and signed by the parties.
(d) You agree that the Sports Nutrition Group, may use email to communicate with You and may use the email address that You provide for that purpose.
(e) You agree to release the Sports Nutrition Group from any liability for any loss which You might incur if an email is intercepted or corrupted during transmission, or if a document which any of the members of the Sports Nutrition Group prepared for You is altered by You or any other party without the written consent of the Sports Nutrition Group.
(f) This Agreement is governed by the laws of Queensland, Australia and You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
(g) Unless this document expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under this document. To be effective any consent under this document must be in writing.
(h) Any provision of this Agreement that is illegal, void, or unenforceable will be severed without prejudice to the balance of the provisions.