Terms and Conditions

1. Introduction

Welcome to FreshlyPicked.com.au (accessible at https://www.freshlypicked.com.au/)). These Terms and Conditions govern your use of our website and services, including our AI-driven personalized nutrition advice, product recommendations, and Subscription Services. By accessing or using our site, you agree to be bound by these terms.

2. Acceptance of Terms

By using FreshlyPicked.com.au, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website.

3. Changes to These Terms

FreshlyPicked.com.au reserves the right to update or modify these Terms and Conditions at any time without prior notice. We encourage you to review this page periodically to stay informed of any changes. Continued use of the website following any updates will constitute your acceptance of the revised terms.

4. Use of the Website

• Personal Use: FreshlyPicked is provided for your personal, non-commercial use. You agree to use the website only for lawful purposes.
• User Account: If you create an account, you are responsible for maintaining the confidentiality of your login details and for all activities under your account.
• Prohibited Activities: You agree not to misuse or interfere with the operation of the website, including engaging in any activities that may harm, disrupt, or overload our services.

5. Intellectual Property

All content—including text, graphics, logos, images, and software—on the FreshlyPicked.com.au website is the property of FreshlyPicked.com.au or its content suppliers and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive license to access and use the website for personal, non-commercial purposes only. Any unauthorized use or reproduction of our content is strictly prohibited.

6. AI-Generated Advice & Health Disclaimer

• Informational Purposes Only: The personalized nutrition advice and product recommendations provided through our AI-driven platform are intended for informational purposes only. They are not a substitute for professional medical, dietary, or health advice.
• Consult Professionals: Always consult with a qualified healthcare provider or nutrition expert before making any significant changes to your diet or health regimen.
• No Warranty: While we strive to offer accurate and helpful advice, FreshlyPicked does not warrant or guarantee the accuracy, completeness, or usefulness of any information provided. You assume full responsibility for any decisions made based on our content.

7. Disclaimer of Warranties and Limitation of Liability

• Provided "As Is": The FreshlyPicked.com.au website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
• Limitation of Liability: To the fullest extent permitted by law, FreshlyPicked.com.au shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the website.

8. Indemnification

You agree to indemnify, defend, and hold harmless FreshlyPicked.com.au, its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.

9. Termination

FreshlyPicked.com.au reserves the right to terminate or suspend your access to the website, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users, us, or third parties.

10. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Australia.

11. Privacy Policy

Your use of the FreshlyPicked.com.au website is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for details on how we collect, use, and protect your personal information.

12. Subscription Services

FreshlyPicked.com.au offers subscription-based services that provide access to premium content, personalized nutrition plans, and additional benefits ("Subscription Services"). By subscribing, you agree to the following terms:

• Billing and Payment: Subscription fees are billed on a recurring basis according to the plan you select (e.g., monthly, annual). By subscribing, you authorize FreshlyPicked to charge your chosen payment method for the recurring fees. All payments will be processed through our secure payment gateway.
• Cancellation and Refunds: You may cancel your subscription at any time through your account settings or by following the cancellation instructions provided on the website. Cancellation requests must be submitted prior to the next billing cycle to avoid further charges. Subscription fees are non-refundable, except where required by law or as otherwise provided in a separate refund policy.
• Modifications to Subscription Terms: FreshlyPicked.com.au reserves the right to modify subscription fees or terms, provided that you receive advance notice of any changes. Continued use of the Subscription Services after such changes will constitute your acceptance of the modified terms.

13. Miscellaneous

• Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms and Conditions constitute the entire agreement between you and FreshlyPicked regarding your use of the website and supersede any prior agreements or understandings, whether written or oral.
• No Waiver: The failure of FreshlyPicked.com.au to enforce any right or provision in these Terms and Conditions will not be deemed a waiver of such right or provision.