These Terms of Sale apply to all digital products, including Eat Like Ruby Ebooks (“Product”), and are owned and operated by Eat Like Ruby Pty Ltd (ACN 662 643 745), trading as Eat Like Ruby (“Eat Like Ruby”, “we”, “our”, or “us”).

Please read these Terms of Sale carefully, as they govern your access to and use of our website (“Site”), products, programs, and any related content made available through our Site or social media channels (collectively, “Services”), as well as your purchase of any Product from Eat Like Ruby (“Terms”).

By accessing our Services or purchasing a Product, you agree to be bound by these Terms, together with our Privacy Policy.

1. Capacity to Contract
You warrant and agree that you:

a) are at least 18 years of age, or the age of majority in your jurisdiction;
b) have read and understood these Terms and have had the opportunity to seek independent professional or legal advice if required;
c) have the legal capacity to enter into a binding agreement; and
d) agree to be legally bound by these Terms.

2. Changes to these Terms
We reserve the right to amend or update these Terms from time to time, in accordance with applicable laws. Any changes will take effect from the date the updated Terms are published on our Site. Where required by law, we will provide reasonable notice of any material changes.

It is your responsibility to review these Terms periodically. If you do not agree to the amended Terms, you must cease using our Site, Products, and Services.

Your continued use of our Site, Products, or Services following any changes to these Terms constitutes your acceptance of those changes.

You may also be required to expressly accept these Terms or any updated version by clicking “Agree”, “Accept”, “Buy”, “Book”, or similar confirmation options where provided.

If you have any questions about these Terms, you may contact us prior to making a purchase.

3. Pricing and Payments
All prices are listed in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), where applicable.

We reserve the right to change prices at any time without prior notice. The price payable by you will be the price displayed at the time your order is placed.

We reserve the right to correct any pricing errors and to cancel orders placed based on incorrect pricing.

We may modify or discontinue any Product at any time without notice. To the fullest extent permitted by law, we are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any Product or Service.

We reserve the right to cancel any order and provide a full refund where a Product becomes unavailable or has been discontinued.

From time to time, we may offer discounts or promotional codes. Only one discount code may be used per transaction unless otherwise stated. We reserve the right to reject or cancel any order where multiple discount codes are applied in breach of these Terms. All discount codes are subject to the terms and conditions on which they are issued, including any eligibility requirements and minimum or maximum purchase amounts, and cannot be used in conjunction with any other offer unless expressly stated.

Payment must be made at the time of purchase using the payment methods available at checkout. Payments may be processed by third-party payment providers, and you agree to be bound by their terms and conditions.

You warrant that you are authorised to use the payment method provided. Where you make payment by credit card, you authorise us to charge the nominated card for the total amount of your order.

You agree to provide current, complete, and accurate billing information and to keep this information up to date.

If payment is declined or cannot be processed for any reason, we may suspend or cancel your order and/or access to the Products.

We reserve the right to cancel any order where we reasonably suspect fraudulent, unlawful, or unauthorised activity.

4. Disclaimer
By purchasing, downloading, or using any Eat Like Ruby ebook (“Product”), you acknowledge and agree to the following terms:

This Product is provided for general informational purposes only. It is not intended to constitute, and must not be relied upon as, medical advice, dietary advice, diagnosis, or treatment. The Product is not a diet plan and does not provide personalised nutrition guidance.

Under no circumstances should this Product be used to diagnose, treat, manage, or prevent any medical condition, including (but not limited to) nutrient deficiencies, illnesses, injuries, or any other health-related condition.

All information contained in this Product is general in nature and does not take into account your individual circumstances, medical history, or specific dietary requirements. Any recommended daily intake values referenced are based on general guidelines for healthy individuals and are not tailored to individual needs.

Individual nutritional requirements may vary. You should seek advice from a qualified healthcare professional before relying on any information contained in this Product, particularly if you have, or suspect you may have, a medical condition or specific dietary needs.

Nothing in this Product is intended to replace or substitute advice from a qualified medical, dietary, legal, financial, or other licensed professional.

To the fullest extent permitted by law, including under the Australian Consumer Law, Eat Like Ruby and its authors disclaim all liability for any loss, damage, injury, or adverse outcome arising from reliance on the information provided in this Product.

By purchasing and using this Product, you acknowledge and agree that:

• You are not using this Product as a substitute for professional medical or dietary advice or treatment.

• You accept full responsibility for your health, wellbeing, and any outcomes resulting from the use of this information.

• You are in appropriate physical and mental condition to use this Product.

• You will seek advice from a qualified healthcare professional before implementing any of the information obtained from this product, and before making any dietary or lifestyle changes.

• You will discontinue use and seek medical advice if any adverse effects or concerns arise.

• You will not consume any foods or ingredients that you have been advised to avoid, or that may cause harm, aggravation, or negative health outcomes.

5. No guarantees
The nature of the Product(s) means that we are unable to guarantee particular results, and any examples of achieved by other customers is a representation of potential results only. Any results achieved through your use of our Product(s) will vary depending on a range of factors beyond our control.

You are responsible for determining whether the Product(s) is right for you. We reserve the right to terminate or suspend your access to the Product(s) at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, courses, processes or other information appearing within the Product(s) does not constitute or imply our endorsement, sponsorship or recommendation in any way.

6. Warranties and indemnities
The Products are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no guarantees, representations, or warranties regarding the results you may achieve from using the Products. Any examples, testimonials, or statements regarding outcomes are provided for illustrative purposes only and do not constitute a guarantee of results.

Your use of the Products is at your own risk.

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law, including any consumer guarantees that cannot be lawfully excluded.

While we take reasonable steps to ensure the quality and accuracy of our Products and Services, we do not warrant that they will be uninterrupted, error-free, secure, or free from harmful components.

To the fullest extent permitted by law, all implied conditions and warranties are excluded, except those that cannot be excluded under applicable law.

You agree to indemnify and hold harmless Eat Like Ruby, its directors, officers, employees, and affiliates from and against any loss, damage, liability, or expense (including legal costs on a full indemnity basis) arising from or in connection with your breach of these Terms or your misuse of the Products.

7. Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law, including any guarantees that cannot be lawfully excluded.

To the fullest extent permitted by law, Eat Like Ruby and its related entities, directors, officers, employees, and licensors are not liable for any loss or damage (including indirect, incidental, special, or consequential loss), to the fullest extent permitted by law, arising out of or in connection with:

• your use of, or reliance on, the Products or Services;

• your inability to access or use the Products or Services;

• any interruption, delay, or unavailability of the Site or Products;

• any errors, inaccuracies, or omissions in content; or

• any loss of data, income, revenue, profits, or business opportunities.

To the extent that our liability cannot be excluded under applicable law, our liability is limited, at our option, to:

• the re-supply of the Products; or

• the cost of re-supplying the Products,

or, where this is not permitted, to the maximum extent otherwise permitted by law.

8. Online delivery / digital products
Where you purchase or download any digital products, programs, or resources (“Digital Products”), you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use the Digital Products for your personal, non-commercial use only.

Access and Use Restrictions
Access to the Digital Products is limited to a single individual user unless otherwise expressly permitted. You must not share your access, login details, or any part of the Digital Products with any other person.

No Commercial Use
The Digital Products are for personal, non-commercial use only and must not be used for resale, redistribution, or any commercial purpose.

You must not assign, transfer, share, sublicense, or otherwise make the Digital Products available to any third party without our prior written consent.

Except as expressly permitted by us, you must not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works from, reverse engineer, or otherwise exploit any part of the Digital Products.

We reserve the right to suspend or terminate your access to the Digital Products at any time where you breach these Terms.

Technical Requirements: You are responsible for ensuring that you have the necessary technical requirements to access and use the Digital Products, including a stable internet connection, compatible device, and appropriate software.

Online Conduct: Where the Digital Products involve any form of online interaction, you agree to conduct yourself in a respectful and appropriate manner and to comply with any guidelines or instructions provided by Eat Like Ruby.

Data Security: You acknowledge that your use of the Digital Products may involve the provision of personal information. You are responsible for maintaining the security of your devices, accounts, and login details. To the fullest extent permitted by law, Eat Like Ruby is not responsible for any loss or damage arising from your failure to do so.

9. Creating an account
To access certain features of our Site, Products, or Services, you may be required to create an account. In doing so, you agree to provide accurate, current, and complete information, including your name, business name (if applicable), address, email address, and telephone number.

You warrant that all information provided during registration is true and correct at the time it is provided, and you agree to promptly update your details to ensure they remain accurate and up to date.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account.

You are solely responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account (including any purchases made using your account).

You must notify us immediately of any unauthorised use of your account or any breach of security.

We reserve the right to suspend or terminate your account at any time where you breach these Terms, applicable law, or where your conduct may harm our reputation, business interests, or other users.

10. Refunds for digital products
Due to the nature of digital products, all purchases of Digital Products, Programs, Resources, and Services are final and we do not offer refunds for change of mind.

You are responsible for ensuring that the Digital Product is suitable for your needs prior to purchase.

However, nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law, including any consumer guarantees that cannot be excluded.

If a Digital Product is faulty, not as described, or cannot be accessed due to an issue within our control (for example, a defective or non-functioning download link), you are entitled to a remedy in accordance with applicable law. This may include replacement, repair, or refund where required.

Where you receive an incorrect Digital Product or experience technical issues accessing your purchase, please contact us and we will provide the correct Product or restore access at no additional cost.

We do not provide refunds where you have changed your mind, purchased in error, or your personal circumstances have changed.

11. Intellectual Property
All intellectual property rights, including copyright, in our Products, Programs, and all related content and materials (including but not limited to programs, workbooks, forms, templates, webinars, digital products, and other materials) (“Materials”) are owned by or licensed to Eat Like Ruby.

Subject to your payment of the applicable fees, you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use the Materials for your personal, non-commercial use only.

Access to the Materials is limited to one individual user. You must not share your login details or distribute the Materials to any other person.

You must not, without our prior written consent:
a) modify, adapt, or create derivative works from the Materials;
b) copy, reproduce, distribute, publish, or share the Materials, or permit any third party to do so;
c) assign, transfer, or sublicense your access to the Products or Materials to any other person; or
d) use the Materials for any commercial purpose.

You must not remove, alter, or obscure any copyright, trade mark, or other proprietary notices contained in the Materials.

Any unauthorised use of the Materials constitutes a breach of these Terms and may infringe applicable intellectual property laws.

We reserve the right to suspend or terminate your access to the Products and Materials immediately, without refund, if you breach this clause.

You agree to indemnify us for any loss, damage, or expense (including legal costs on a full indemnity basis) arising from or in connection with your breach of this clause. We also reserve the right to pursue any additional legal remedies available to us.

12. Competitors are excluded
You must not access or use our Site, Products, or Materials for the purpose of developing, creating, or offering products or services that compete with Eat Like Ruby.
This includes using our Materials for research, benchmarking, or content development for competing products or services.

We reserve the right, at our sole discretion, to refuse access to our Site, Products, or Services to any person or entity where we reasonably believe their use may be for a competing or commercial purpose.

13. Prohibited Use
In addition to any other restrictions set out in these Terms, you must not:

• use the Site, Products, or Services for any unlawful purpose, or to solicit others to engage in unlawful conduct or to breach any applicable laws or regulations;

• interfere with, disrupt, damage, or gain unauthorised access to any part of the Site, its systems, networks, or data;

• attempt to modify, copy, adapt, reproduce, or reverse engineer any part of the Site or its content, except as expressly permitted by law;

• upload, transmit, or distribute any malicious code, viruses, or harmful material;

• infringe the intellectual property or other rights of any person or entity;

• send or facilitate the sending of unsolicited advertising or promotional material (spam); or

• engage in any conduct that may impair the performance, functionality, or security of the Site or Services, or interfere with other users’ access.

• upload or share content that is offensive, defamatory, misleading, or otherwise inappropriate (in community groups or similar).

14. External links
Our Site and social media channels may contain links to third-party websites or services that are not owned or controlled by Eat Like Ruby.

Unless expressly stated otherwise, we do not endorse, approve, or make any representations about those third-party websites or their content, and we are not responsible for their accuracy, reliability, or suitability.

Your access to and use of any third-party websites is at your own risk, and you should make your own enquiries before relying on any content, products, or services available through those sites.

We are not a party to any transactions or interactions between you and any third-party providers.

15. User Content and Social Media
You may choose to submit reviews, comments, or other content (“User Content”) via our Site or social media channels.

By submitting User Content, you warrant that:

• you are the creator and owner of the content, or have all necessary rights, licences, and permissions to provide it;

• the content does not infringe the rights of any third party or breach any applicable laws; and

• you are at least 18 years of age.

By submitting User Content, you grant Eat Like Ruby a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, publish, and display that content across our marketing, website, and social media channels.

You acknowledge that we may edit User Content for clarity, formatting, or promotional purposes, provided its meaning is not materially altered.

To the extent permitted by law, you consent to the use of your User Content without attribution and waive any moral rights you may have in that content.

We reserve the right (but are not obliged) to remove or refuse to publish any User Content that we consider inappropriate, unlawful, misleading, or otherwise in breach of these Terms.

Any views expressed by users or third parties (including reviews or guest content) are their own and do not necessarily reflect the views of Eat Like Ruby. To the fullest extent permitted by law, we disclaim all liability in relation to such content.

16. Breach and termination
We may suspend or terminate your access to the Site, Products, or Services at any time, without notice, if you breach these Terms or where we reasonably consider your conduct to be unlawful or harmful to our business, reputation, or other users.

You may stop using our Site, Products, or Services at any time.

Upon termination, your right to access and use the Site, Products, and Services will immediately cease.

Any provisions of these Terms which by their nature should survive termination will continue to apply, including (without limitation) clauses relating to intellectual property, disclaimers, indemnities, and limitations of liability.

17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.

To the extent possible, any invalid or unenforceable provision will be interpreted or modified so as to reflect the original intent of the provision while remaining valid and enforceable.

18. Suspension or Discontinuation
We reserve the right to suspend, restrict, or discontinue the Site, or any part of it, at any time and without notice, including where the Site is unavailable due to maintenance, updates, or technical issues.

We may also suspend or restrict your access to the Site at our discretion where we reasonably consider it necessary, including where you breach these Terms or where your conduct may harm our business, reputation, or other users.

To the fullest extent permitted by law, we are not liable for any loss or damage arising from or in connection with the suspension, restriction, or discontinuation of the Site or your access to it.

19. Assignment
We may assign, transfer, or otherwise deal with our rights and obligations under these Terms at any time without notice to you.

You must not assign, transfer, or otherwise deal with your rights or obligations under these Terms without our prior written consent. Any attempted assignment by you in breach of this clause is void.

20. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eat Like Ruby in relation to your use of the Site, Products, and Services, and supersede all prior communications, negotiations, and agreements, whether oral, written, or electronic, in respect of that subject matter.

21. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia.

If a dispute arises in connection with these Terms, you agree to first notify us in writing and attempt to resolve the dispute in good faith.

If the dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.