THE MOST PERSONALISED ONLINE TRAINING, NUTRITION AND EDUCATION PROGRAM
THE MOST PERSONALISED ONLINE TRAINING, NUTRITION AND EDUCATION PROGRAM
Last Updated on January 2019
Hello and thank you for visiting! It is important to us that everyone has a positive and safe online experience so here are the rules of the road! Enjoy.
You must be at least 18 years old to participate on our Sites. We do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, with the permission of your parent or legal guardian, you may view the Sites as a visitor.
We comply with the Australian Privacy Act 1988, the Australian Copyright Act 1968 & the Australians Designs Act 2003 and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines. By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.
By accessing the Sites, you agree not to:
Use the Sites in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Sites or interfere with any other user’s use and enjoyment of the Sites Use spiders, robots, data mining techniques or similar data methods to download or otherwise, store, publish or distribute the content of the Sites Intercept or misappropriate data or personal information from the Sites Post, transmit, publish, share or otherwise make available any information, software or other material that contains a virus, malware or any other harmful component including but not limited to trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage or interfere with the Sites
Intimidate, harass or insult other users post, transmit, publish, share or otherwise make available any content that is abusive, harmful, unlawful, fraudulent, threatening, infringing, hateful, harassing, defamatory, insulting, obscene, profane, racist, or otherwise objectionable
Post, transmit, publish, share or otherwise make available content that would incite a criminal offence, violate the rights of others or that would otherwise create liability or violate any Applicable Laws post, transmit, publish, share, or otherwise make available any inappropriate advertising, solicitations or promotional materials including junk mail or spam that would violate any relevant law/act. Inappropriately post transmit, publish, share, or otherwise make available or solicit private information such as phone numbers, addresses, social security numbers impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
Use your account or another user’s account in an inappropriate or unauthorised manner post the same message or comment multiple times
We reserve the right to monitor communications on the Sites between you and other users.
If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.
When registering an account/making a purchase, you agree to: Our health disclaimers, terms and conditions
Provide true and accurate information about yourself
Create a suitable username that is not offensive, infringing or deceptive
Not register for more than one account,
Not register for an account on behalf of someone other than yourself
Maintain the security of your passwords and identification
Be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorised such use and activity
immediately notify us of any unauthorised use of your password or account or any other breach of security
You must ensure your account details are kept up to date. Any changes to your details must be updated through our site or contact us to update personal details. Any error in delivery or through transactions occurring due to incorrect details supplied will not be our responsibility.
Restrictions on Use of Site Content
By posting, transmitting, publishing, sharing or otherwise making available User Content on the Sites, you automatically grant (or warrant that you have the express authority from the owner of such User Content to grant) us a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate, publish and distribute such User Content (in whole or in part). We also have right to incorporate and adapt the User Content in other works in any form, media or technology now known or hereafter developed. You further grant any other user of the Sites to access, view, store or reproduce the User Content for that user’s personal non-commercial purposes. Additionally, you represent and warrant that (1) no element of your User Content will violate or infringe upon the intellectual property or privacy rights of any third party and (2) you (and any licensor of content that you post on the Sites), have waived any “moral rights” in connection with your User Content. You are solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any User Content posted by you on or through the Sites. You acknowledge you are not entitled to any compensation for any User Content you post on the Sites.
Links to Third-Party Sites
We respect other people’s intellectual property rights. Therefore it is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Australian Copyright Act 1968, the Copyright Amendment Act 2006 & the Australian Designs Act 2003, and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to firstname.lastname@example.org containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorised, (v) a statement that you are the copyright owner or authorised to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).
By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.
If you believe that your User Content has been wrongfully removed from the Sites, you may send us a counter notice. The counter notice must be in writing, sent to the email address above, and include: (i) identification of the material that has been removed; (ii) your contact information; (iii) a statement that you have a good-faith belief that the material was improperly removed; (vi) a statement that you consent to the jurisdiction of the Federal Court of Australia, and agree to accept service of process from the person who submitted the original notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit; (vi) a statement, made under the penalty of perjury, that all the information in your counter notice is accurate (vii) your signature (physical or electronic). By submitting a counter notice, you acknowledge and agree that we may forward your counter notice and any related communications to the person who submitted the original notice that resulted in the removal of your User Content or to other third parties.
The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
No Medical Advice
While the Site Content may be related to general and specific health issues, the Site Content is made available with the express understanding that neither Lochi Horner, the other experts on the Sites, nor the Sites themselves, nor users of the Sites are dispensing medical advice. Do not use information from the Sites for self-diagnosis.. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITES, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.
All pricing is in Australian dollars (AUD) and prices are inclusive or Goods and Services Tax (GST).
Order Changes & Cancellations
Should you wish to change or cancel an order please contact us immediately and we will try to rectify or cancel the order as soon as possible. If an order is to be cancelled before the order has been dispatched, a full refund will be issued. Email email@example.com
While we do our best to ensure our information is correct and up to date we cannot take responsibility for any inaccurate information or misrepresentation of materials on our website. Any medical advice on the website is not intended to replace a one-on-one relationship with a health care professional therefore you should always ensure you speak to your healthcare professional before making medical related decisions.
Lochi Horner & Lochi Horner Online lists product information on the website of products that are available for purchase and cannot warrant the accuracy of this information therefore we strongly advise you to read the labels before consuming. We strive to ensure information is correct and up to date however, we take no responsibility for inaccurate information provided.
YOU USE THE SITES AT YOUR OWN RISK. THE SITES (AND ANY PORTION OF THE SITES) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).
Limitation of Liability
Your use of the Website is at your own risk. To the extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the Owner is aware of such errors or omissions. Nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions, defamatory, offensive or illegal conduct of any user of the Website.
The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the Owner, to: (i) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and ; or (ii) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
'Info/Digital Products' We strive to ensure all our customers are 100% satisfied with our products and services. In the event that a refund of a digital product or membership is requested, you must contact us at firstname.lastname@example.org. From there we will discuss the refund options available to you. As a general rule our standalone digital products receive a 7 day money back guarantee and memberships receive a 72hr cooling off period. Please contact email@example.com
'Physical Items' We strive to ensure all our customers are 100% satisfied with our products and services which is why we offer 30 days money back guarantee.
If you have received a damaged product or incorrect item please contact us and we will endeavour to replace it. Please note: this does not apply to changes in product labelling where the product is still the same however changes have been made to the name, description by the manufacturer)
A photo must be provided for the damaged item/s. Proof of purchase must be shown in order to qualify for a replacement/full refund of the product. We have the right to and may request the item be returned before a refund or replacement can be issued.
We do not simply offer a refund for 'change of mind'. If an item needs to be returned please contact us at firstname.lastname@example.org and we will provide a return address to send the product/s back to. Please note: Return postage is paid by the you 'the customer.
If an incorrect item is received, please contact us as soon as possible. Customers need to ensure the products received are correct before opening which can be verified against the order invoice. If an item is incorrect we will happily exchange for the correct product once the incorrect product has been returned to us unopened. Only once the incorrect item has been returned, we can send the replacement out. Customers are also welcome to a refund once products are returned unopened minus the shipping cost. If a product is missing from the order, please contact us immediately upon receiving the parcel and provide a scanned copy of the invoice. We will ship the missing item to you (if available and/or in stock) or we will issue a refund for the missing product. Shipping costs are non refundable.
For change of mind we are happy to exchange providing you send back the product in its original condition and pay for the return postage of the product and for the exchanged product to be sent to you. We do not offer refunds for change of mind.
Out of Stock Items
We strive to have most items in stock and monitor inventory levels however some items are not monitored due to some lines arriving daily from suppliers. Products on our website are subject to availability and may appear as in stock but can be delayed from suppliers or there may be a shortage from a supplier where the website has not been updated in time to appear as out of stock. There are times of high flux through the website where updates are delayed and products are out of stock when it states ‘available’. We do not send items out separately once they are back in stock. If you prefer to have your order held until the item arrives please make a note when placing your order. In the unfortunate situation where a product ordered is unavailable or out of stock, we offer the following flexible options: A refund of the amount of the unavailable item, Credit the amount of the product to your account to use in store, Offer a different brand (if similar brands are available).
If an item is missing from your order and you have not been notified that it is out of stock. Please notify us within 24 hours with a scanned copy or image of your invoice for the funds to be credited to your account for your next purchase or a full refund offered. Please ensure to check your order against the invoice as soon as your order arrives. In fairness to us as a small business, we cannot issue refunds, replacements or store credits for items missing when we cannot verify against your invoice or if time has lapsed after your order was delivered.
Anyone at the delivery address that receives the order will be presumed by Lochi Horner Online to be authorised to receive the goods. Please ensure accurate delivery address is provided, we do not take any responsibility for damage or loss of your order due to incorrect address provided.
Orders will generally require a signature upon delivery. Any instructions to leave the parcel will be at your own risk once delivered. We are unable to take any responsibility for the loss or damage of your goods after it has been delivered to your nominated address. Please make a note in the delivery instructions section if you would like to physically sign for your package and we will ensure the driver will not leave your order until it has been signed for. Orders are sent in boxes that may have previously had other product lines in them in order to keep packaging costs low which in turn saves our customers money. If you would like a box that has never been used before please contact us before placing your order. Charges may apply if requesting a new box.
Prizes, Gifts and Giveaway Items
Subject to any specific terms or conditions that are displayed with any prize, gifts and giveaways at the time they are offered, displayed or advertised, when prizes, gifts or giveaway items or the like are offered, displayed or advertised on our Website, to full extent permitted by law we:
may withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize/s; and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the withdrawal of the prize/s; in the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any reason, we may supply in it/their place an alternative items/s of a similar nature and value; and supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the gift/s and/or giveaway items/s, to the extent permitted by law; and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s.
To comply with Australia laws, we are required to monitor all publicly posted product reviews on our website and in accordance with Australian laws, remove any of these reviews if they appear fake, offensive, defamatory or irrelevant. This includes reviews that imply a product causes any media conditions. Star ratings on reviews can not be altered by us, but we may need to edit reviews on occasion to omit words which appear defamatory or offensive. You are free to contact us on email@example.com for any further clarification on review monitoring and for a copy of the legal code. Please note that if you contact us, we can amend reviews so they can still be posted rather than remove all together.
We control and operate the Sites from our offices in Australia. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Waiver of Jury Trial
Severability; Waiver; Modification
You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.
Changes to Terms and Conditions
We may change our terms and conditions at any time and these will come into effect immediately after posting onto website. You agree to be bound by these changes in terms and conditions and recommend you check them regularly to stay informed.