Terms and Conditions
of Student Enrolment and Registered Membership

1.1 Definitions

In these Terms 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:

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.

Agreement means your Application, any Direct Debit Request and Direct Debit Agreement that you have completed, these Terms and any schedule, annexure or other attachment and any other practice, rules or directions reasonably provided by the Sports Nutrition Group. 

Confidential Information means means any and all non-public information disclosed by or accessed through our services, including but not limited to:

1. Course materials, teaching methodologies, and proprietary educational content related to sports nutrition;

2. Curriculum development strategies and learning frameworks;

3. Student and member data, enrollment information and academic records;

4. Business operations information including pricing structures, marketing strategies and business plans;

5. Proprietary research, formulations, and methodologies related to sports nutrition;

6. Technical information including software, systems, databases, and digital platforms used in course delivery;

7. Commercial relationships with suppliers, partners and industry affiliates;

8. Employee information, instructor credentials and internal training materials;

9. Financial information including revenue data, cost structures and investment plans; and

10.  Trade secrets and Intellectual Property related to our educational content and delivery methods.

Any information marked as “Confidential” or that would reasonably be understood to be confidential given its nature and the circumstances of disclosure shall be treated as Confidential Information. This includes information in any form or medium, whether disclosed verbally, in writing electronically, or through visual observation.

Course means the course detailed in the Enrolment Schedule. 

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.

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.

Dishonour Fee means the Dishonour Fee referred to in clause 9.2(a).

Enrolment Fees mean the fees payable by you to Sports Nutrition Group for participation in a Course, as calculated in accordance with clause 8.2.

Enrolment Schedule means the document provided to you at the time of enrolment into a Course that specifies the details of the course in which you will be participating, the commencement date of the Course, the Enrolment Fees and other relevant particulars associated with the Course.

Fees means all fees that payable to Sports Nutrition Group regarding your Application, enrollment and participation in a Course, as provided for in these Terms and in any other document forming your Agreement with Sports Nutrition Group.

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.

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.

Location means any establishment or venue where the Courses are carried out.

Sports Nutrition Group means 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.

Terms means this document and any annexures, schedules or appendices hereto.

2. Interpretation 

   1. Words denoting the singular number include the plural, and vice versa.

   2. Words denoting any gender include all genders.

   3. In this Agreement, unless expressly stated otherwise, all references to “$” or “dollars” are to the lawful currency of Australia (AUD)

   4. Headings are for convenience only and do not affect interpretation.

   5. References to clauses and sub-clauses are references to clauses and sub-clauses of these Terms..

   6. Where any of the parties hereto comprises more than one person, any covenants, agreement or obligation undertaken, or benefits received by virtue of these Terms,, shall be undertaken or received by all of them jointly and each of them severally.

   7. 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, by-laws, regulations, or other statutory instruments issued under such legislation.

   8. References to Sports Nutrition Group include references to each company forming the Sports Nutrition Group as the context and circumstances require.

   9. Other forms of defined words have corresponding meanings.

1. Sports Nutrition Group may from time to time make modifications, variations or amendments (Variations) to this Agreement, where it becomes necessary:

   1. as a result of changes or variations to agreements to which Sports Nutrition Group is itself a party and where the  Variations to this Agreement are required in order to enable Sports Nutrition Group to meet its own contractual  obligations;

   2. as a result in any changes in law or regulations as imposed by any governmental or supervisory authority; or

   3. where Sports Nutrition Group considers the Variations are necessary, appropriate and do not limit your rights or impose additional obligations on you under this Agreement.

2. Where possible Sports Nutrition Group will provide thirty (30) days’ notice of any proposed Variation.

3. If you do not agree to a proposed Variation, notwithstanding any other provision of this Agreement, you are entitled to terminate this Agreement by providing us written notice. Termination will be without penalty to you and will take effect from the date that the Variation is to become effective.

4. If Sports Nutrition Group does not receive a notice from you objecting to a Variation pursuant to 4(c) and you continue to request our services or participate in courses that we are providing, you will be deemed to have accepted the Variation.

1. In order to participate in a Course, it is a prerequisite that you:

   1. are over the age of eighteen (18); and

   2. have an English literacy score of at least 5.5.

2. Sports Nutrition Group may at its discretion waive the requirements in 5 (a)(i) where written permission from a parent or guardian has been provided and the relevant parent or guardian agrees to be bound by this Agreement.

3. Sports Nutrition Group reserves the right to specify further eligibility and competency requirements, as well as educational prerequisites, that must be satisfied by you in order to participate in a Course.

1. Sports Nutrition Group may approve or refuse an Application (and consequently your enrollment in a Course) at its discretion.

2. Before accepting any Application, Sports Nutrition Group may require you to provide additional information, supporting documentation and professional references, in addition to the information presented on any Application, in order to properly assess your eligibility to participate in a Course.

3. Sports Nutrition Group will, as soon as reasonably practicable,  notify you in writing as to whether:

   1. your Application has been accepted or refused;

   2. it requires you to provide further information, material or references in order to properly consider your Application; or

   3. whether there are additional educational and competency prerequisites that it requires you to satisfy prior to approving your Application for enrollment.

4. If Sports Nutrition Group does not approve your Application it may provide you with a written explanation regarding the basis for the refusal of your Application. However, you acknowledge that Sports Nutrition Group is under no obligation to provide such an explanation.

1. General Conduct

   1. You acknowledge and agree when you enrol in a Course that:

      1. you must not engage in any conduct that might mislead, deceive, confuse or otherwise misrepresent to any person the nature of your qualifications or the status of your enrollment in a Course;

      2. you must at all times behave respectfully towards all other Course members, lecturers and markers;

      3. you will observe all cultural and religious sensitivities of other members of Courses, as well as lecturers and Course markers;

      4. you will not act in a manner that is disruptive or may be objectionable (viewed reasonably) to other participants in your Course; and

      5. you will comply with all reasonable directions of Sports Nutrition Group regarding your conduct and etiquette generally.

   2. You acknowledge that your failure to comply with the standards of behaviour as prescribed by clause 7.1(a) will entitle Sports Nutrition Group to:

      1. suspend, restrict or otherwise limit your participation in the relevant Course; and

      2. immediately terminate your enrolment in a Course where, in the reasonable view of Sports Nutrition Group, your conduct is sufficiently serious as to jeopardize or likely jeopardize the health, safety or wellbeing of another participant in the Course, or a staff member of Sports Nutrition Group.

   3. Where Sports Nutrition Group has exercised its rights of termination in accordance with 7.1(b) (ii) you will not be entitled to any refund of Fees that have been paid to Sports Nutrition Group and must pay any of the remaining unpaid portion of the Fee for the Course upon demand.

2. Extension Policy and Deferments 

   1. You are required to complete the Course and all assessments within the timeframes set by Sports Nutrition Group at the commencement of the relevant Course.

   2. If you require additional time to continue beyond the end date of your Course or assessment, an application for extension must be made prior to the end date or submission date (whichever is applicable) (Deferment Application). 

   3. Sports Nutrition Group will consider each Deferment Application on its merits, however Deferment Applications will be granted  at the sole discretion of Sports Nutrition Group (including with respect to the period of the deferment if granted). 

   4. You are only eligible to defer for a maximum of two relevant course intakes to complete your initial course enrollment. 

   5. If the Deferment Application is not approved, Sports Nutrition Group may:

      1. withdraw you from the Course without further notice to you; or 

      2. notify you that you have failed the relevant assessment or unit. 

   6. In any situation where a Deferment Application is not approved, re-enrollment requests will require an interview with a representative of Sports Nutrition Group  prior to being approved for a future course enrollment.

   7. If Sports Nutrition Group approves a Deferment Application, all Fees paid up to the date of deferment will  be held on account for the approved deferment period, to be applied in respect of your completion of the relevant course once the deferment has ceased. Funds held on account will not be transferable to any other course qualification, person or entity.

   8. On the expiration of any deferment period granted by Sports Nutrition Group in respect of a Deferment Application, all Fees not utilised by you in continuing your Course with Sports Nutrition Group will be retained by Sports Nutrition Group and will not be refunded to you, in consideration of the services already provided to you by Sports Nutrition Group and the costs and expenses incurred by Sports Nutrition Group. 

3. Failure to Meet Competency

   1. You are permitted six (6) complimentary resubmissions throughout the Course  for work or assessment following receipt of assessor feedback (Complimentary Resubmission). There is a maximum of one Complimentary Resubmission per work or assessment item.

   2. In the event that you require an additional resubmission in respect of a work or assessment item (for example, where your resubmitted work again fails to meet a satisfactory standard), you are entitled to request a paid resubmission which will be charged at $299.00AUD (Paid Resubmission). You are entitled to request a maximum of two Paid Resubmissions per Course. 

   3. Each Resubmission must be made within seven (7) days of feedback being sent to you (Resubmission Due Date).

   4. 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) will entitle Sports Nutrition Group to charge additional late submission fees as set out in 9.4 (a).

   5. Notwithstanding clause 7.3 (a), where it deems it appropriate, Sports Nutrition Group reserves the right at any time after your initial submission to refuse to accept a request for a Complimentary Resubmission or a Paid Resubmission and to notify you that you have failed the relevant Course (Course Failure).

   6. You acknowledge and agree that:

      1. 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;

      2. you remain liable for payment of any outstanding Fees that would have otherwise been payable to Sports Nutrition Group, had you participated and completed the full Course; and

      3. if you are paying the Fees in respect of a Course in periodic installments (pursuant to a payment plan as contemplated in 8.2 (d)), you remain liable for payment of the full amount of Enrolment Fees for the relevant Course, which must be paid to Sports Nutrition Group on demand.

4. Sports Nutrition Association Membership

   1. It is a prerequisite of each Course that any participant who intends to practice as a Sports Nutritionist must become a registered member of Sports Nutrition Association.

   2. In the event that a participant practising as a Sports Nutritionist does not become a registered member of Sports Nutrition Association, the participant acknowledges that it will be deemed to have failed the relevant Course.

   3. You acknowledge that clauses 7.4 (a) and 7.4 (b) are reasonable and necessary to enable Sports Nutrition Group to maintain the quality and standards of registered practising Sports Nutritionists.

   4. Where you have failed a Course due to non-registration with Sports Nutrition Association, you acknowledge: 

      1. you are not entitled to a refund of any Fees paid as part of your Course;

      2. you remain liable for payment of any outstanding Fees (and in particular any instalments of Enrolment Fees) that would have been payable if you had completed the Course;

      3. clause 7.4 (d) (ii) is fair and reasonable for the same reasons as those contemplated in clause 8.1 (c).

1. Cooling-off Period

   1. Following our notification of the acceptance of your Application in accordance with clause 6 (c), you are entitled to a three (3) day cooling-off period (Cooling Off Period) in which you can withdraw from a Course without incurring any liability for the Enrolment Fees associated with a Course.

   2. You acknowledge that if you choose to withdraw from a Course after the expiry of the Cooling Off Period, you will become liable for the Enrolment Fees, or a portion of the Enrolment Fees, that would have otherwise been payable for the relevant Course, as calculated in accordance with clause 8.3.

   3. You acknowledge that:

      1.  Sports Nutrition Group incurs significant costs in:

         1. receiving and processing Applications for participation in a Course;

         2. reviewing and vetting applicants who wish to participate in a Course, to determine their eligibility;

         3. engaging third parties to assist in the processes referred to in (A) and (B) above; and

      2. the number of participants in any Course is limited and once you are allocated a position in a Course, if you do not proceed, Sports Nutrition Group may be unable to “fill” or “replace” the position that you would have otherwise occupied,

and in those circumstances your liability for payment of Enrolment Fees in the manner contemplated in 8.1 (b) is reasonable and appropriate.

2. Enrolment Fees

   1. The Enrolment Fees for each Course will be:

      1. displayed on the Sports Nutrition Group website; or

      2.  notified to you at the time of making your Application.

   2. In the event that no Enrolment Fees are specified in the process of making your Application, the Enrolment Fees will be calculated as follows:

      1.  where you have made a single upfront payment for participating in the Course – $4,750.00AUD;

      2. if you have entered into a 7 month payment plan – 7 equally monthly payments of $779.00AUD commencing from the date of acceptance of your Application; and

      3. if you have entered into an 18-month payment plan – an initial payment of $599.00AUD followed by 17 monthly payments of $349.00AUD, commencing from the date of acceptance of your Application.

3. Your first payment of Enrolment Fees for a Course will be due on the date that approval of your Application is granted. Where you have entered into a Payment Plan with Sports Nutrition Group (pursuant to 8.2 (d) below), your recurring payments will be due on the same date of each following month.

4. You acknowledge that the Enrolment Fees are a “lump sum” fee for your participation in a Course. Sports Nutrition Group may in its discretion offer to allow you to pay the lump sum Enrolment Fees in periodic installments (Payment Plan). However, you specifically acknowledge that the Enrolment Fees are not payable as a “subscription”,  or on a “month-to-month” or “pay-as-you-go” basis. The Enrolment Fees are a lump sum for which you become liable upon acceptance into the Course (unless otherwise specified in these Terms).

5. Where you have entered into a Payment Plan with Sports Nutrition Group:

   1. you may be required to pay a deposit, which in certain circumstances (as prescribed in clause 8.3) will be non-refundable; and

   2. if you withdraw from the Course, or your entitlement to participate in the Course is terminated by Sports Nutrition Group due to a breach of these Terms, then you will be required to pay the balance of any portion of the Enrolment Fees that is outstanding, immediately upon demand from Sports Nutrition Group.

3. Liability for Payment of Enrolment Fees

   1. In the event that you:

      1. have enrolled in a Course and:

         1. withdraw from the Course in the Cooling Off Period; or

         2. prior to the commencement of the Course Sports Nutrition Group terminates your enrolment,

you will be refunded the  full amount of any deposit that was paid to Sports Nutrition Group, as well as any Enrolment Fees paid to Sports Nutrition Group;

2. have enrolled in a Course and following the expiry of the Cooling Off Period:

   1. you choose to terminate your enrolment at least four (4) weeks prior to the commencement of the Course,  Sports Nutrition Group will refund your deposit (if any) and any Enrolment Fees paid,  less a $1948.00AUD fee for the costs and expenses incurred by Sports Nutrition Group; and

   2. you choose to terminate within the period of four (4) weeks prior to the commencement date of the Course, you acknowledge and agree that you will not be entitled to a refund of any deposit or Enrolment Fees paid to Sports Nutrition Group, and that you are liable for payment of the full amount of the Enrolment Fees;

3. have failed a core component or competency required for you to participate in a Course and as a consequence are unable to continue with completing the Course, you acknowledge that you remain liable and must pay on demand any portion of the Enrolment Fees (as well as any other Fees that are outstanding), notwithstanding that you did not successfully complete the Course.

2. You acknowledge that clause 8.3 (a), and in particular clause 8.3 (a) (ii) (B) and 8.3 (a) (iii), are reasonable in circumstances where 

   1. Sports Nutrition Group incurs significant costs in:

      1. receiving and processing Applications for participation in a Course;

      2. reviewing and vetting applicants who wish to participate in a Course, to determine their eligibility;

      3. engaging third parties to assist in the processes referred to in (A) and (B) above; and

   2. The number of participants in any Course is limited and once you are allocated a position in a Course, if you do not proceed, Sports Nutrition Group may be unable to “fill” or “replace” the position that you would have otherwise occupied.

3. You agree that any amounts charged in accordance with clause 8.3 (a) (ii) and 8.3 (a) (iii) do not constitute a penalty, but account for the costs, expenses and loss incurred by Sports Nutrition Group as a consequence of your withdrawal from enrolment in a Course.

4. 
   

   Deferral and Extension Fees

   1. 1. If you are participating in a Course and 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, which are proportionate to the additional time, expense and cost incurred by Sports Nutrition Group in engaging third parties to assess and grade the Late Submissions.

   1. 1. The current rate for additional fees associated with Late Submissions will be advised to you at the time of submitting your Application and commencing the Course. If no additional fee for Late Submission is so specified, the additional fees for Late Submission will be calculated on the following basis:

         1. Lectures completed by extended due date (in homework timeline) $299.00AUD;

         2. Quizzes completed by extended due date $299.00AUD; and

         3. Case Studies x 9 completed by extended due date $299.00AUD per case study. 

   1. 1. Deferral fees  are subject to course completion progress that is outlined below:

         1. No assessment modules completed – $2,310.00AUD

         2. Quiz and Applied Exercise Physiology modules completed – $1,540.00AUD

         3. Quiz, Applied Exercise Physiology, Business and Weight Management assessment modules completed – $770.00AUD

   1. 1. Any fee deferral or extension fees payable pursuant to 8.4 (a) – 8.4 (c)  are due on the same date that the relevant deferral or extension is agreed by Sports Nutrition Group.

      2. PLEASE NOTE – THE ABOVE FEE QUOTES ARE NOT APPLICABLE FOR ANY DEFERRALS TO BE PROCESSED FOR ANY INTAKE INCLUDING & BEYOND THE APRIL 2025 INTAKE.

1. General

   1. You acknowledge and agree:

      1. a surcharge of 2% will apply to all credit card payments that are processed by Sports Nutrition Group; 

      2. if your credit or debit card expires or is cancelled, it is your responsibility to provide Sports Nutrition Group with new card details to ensure payments continue to be successfully debited; and

      3. direct debits are subject to the Direct Debit Request and Direct Debit Agreement that are provided by Sports Nutrition Group at the time of submitting an Application, or if a third-party direct debit provider is used, that party’s direct debit terms and conditions.

   2. Sports Nutrition Group’s pricing structures, payment methods, payment processes and these Terms may be amended from time to time  upon the provision of reasonable notice to you. All changes will apply from the date that the amended or new pricing structures, payment methods or payment processes are posted on the website of Sports Nutrition Group, or are otherwise provided to you directly.

   3. Where you do not agree with any variation of the nature contemplated in clause 8.1 (b), you must notify us in writing within seven (7) days of receiving notice of the relevant variation. You will then be entitled to terminate this Agreement without penalty, effective from the date the relevant variation is implemented.

2. Dishonoured Payment and Chargebacks

   1. 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 a dishonour fee of $49.00USD/$73.00AUD (Dishonour Fee), to account for the additional administrative fees and burden incurred by Sports Nutrition Group in addressing the dishonoured payment.

   2.  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 fourty-eight (48) hours for ninety-six (96) hours (four (4) times in seven (7) days).

   3. If a payment remains outstanding and in arrears after an attempt to process that payment in the manner described at 9.2 (b), Sports Nutrition Group may:

      1.  charge you the Dishonour Fee;

      2. suspend your access to Course materials and content, including your access to any online platform, resource or communication channel hosted by any of the Sports Nutrition Group;

      3. commence charging interest on the outstanding payment and Dishonour Fee, in accordance with clause 9.3.

3. Late Payments

   1. 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.

   2. Where payments rightfully due and owing remain outstanding for more that fourteen (14) days after the payment was due, Sports Nutrition Group reserves the right to:

      1. engage external debt collection services for the collection of unpaid debts; or

      2. commence legal proceedings for any outstanding amounts owed to any member of Sports Nutrition Group,

and you acknowledge that you will be liable for all costs and expenses involved in the recovery of unpaid debts, including legal fees on a solicitor/client basis, as well as the costs incurred by Sports Nutrition Group in appointing an agent or debt collection firm to recover the unpaid debt. 

1. Sports Nutrition Group reserves the right at its discretion to to provide information regarding any unpaid debt or credit position to the relevant credit reporting agencies.

1. Privacy

   1. Sports Nutrition Group complies with the requirements of the Privacy Act 1988 (Cth) with respect to its collection, use and storage of personal information.

   2. All personal information that is collected by Sports Nutrition Group will be dealt with in accordance with the Sports Nutrition Group Privacy Policy.

   3. In addition to the circumstances specified in the Sports Nutrition Privacy Policy, Sports Nutrition Group may disclose your personal information to third parties:

      1. as required for the legitimate interests of the Sports Nutrition Group business;

      2. to the extent that the disclosure relates only to the fact that:

         1. you have previously participated in programs offered by Sports Nutrition Group;

         2. that your accreditation with the membership body of Sports Nutrition Association has expired; and

         3. that you are no longer affiliated with or endorsed by Sports Nutrition Group; 

      3. where Sports Nutrition Group is legally required to do so;

      4. where it is necessary for the purpose of enabling Sports Nutrition Association to defend or prosecute any legal proceedings; and

      5. as part of a sale or proposed sale of Sports Nutrition Association (or any of its constituent entities) to a third party buyer.

1. Publicity

   1. 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:

      1. the nature and quality of the education services provided by Sports Nutrition Group;

      2. the membership and association services provided by the Association; and

      3. any of the directors, agents, employees or other personnel of the Sports Nutrition Group.

   2. Where you have a complaint or criticism regarding Sports Nutrition Group,  you must notify Sports Nutrition Group of the complaint or criticism in writing, with sufficient detail to enable Sports Nutrition Group to properly assess the nature of the complaint (Complaint Notice).

   3. Upon receipt of a Complaint Notice Sports Nutrition Group will contact you within ten (10) business days:

      1. requesting further information to enable to it properly consider the nature of the complaint; or

      2. advising what action (if any) it intends to undertake to resolve the matters the subject of the Complaint Notice.

   4. For the avoidance of doubt this clause 12 applies only in respect of public comments or remarks as contemplated by clause 12(a). Any disputes regarding the terms of this Agreement or the performance of the obligations of the parties under this Agreement are subject to and must be dealt with in accordance with the process specified in clause 17.

1. Obligations

Upon entering this Agreement, you acknowledge that you must:

1. keep all Confidential Information strictly confidential;

2. use Confidential Information solely for the purposes in respect of which it was provided under this Agreement (namely your participation in courses provided by Sports Nutrition Group);

3. not disclose Confidential Information to any third party without Sports Nutrition Group’s prior written consent;

4. take all reasonable precautions to prevent unauthorised access, use or disclosure of Confidential Information; and

5. immediately notify us of any actual or suspected unauthorised use or disclosure.

2. Exceptions

The obligations of confidentiality set out in this clause 13 do not apply to information that:

1. is or becomes publicly available through no fault of you as the receiving party;

2. is independently developed without the use of Confidential Information that you received from Sports Nutrition Group;

3. is received by you from a third party without breach of any confidentiality obligation; or

4. is required to be disclosed by law, government order or regulatory body provided you give prompt notice to Sports Nutrition Group, sufficient to allow that party to seek a protective order.

3. Return of Information

Upon termination of this Agreement or at our request, you must promptly return or destroy all Confidential Information that Sports Nutrition Group has provided to you.

1. Sports Nutrition Group owns all Intellectual Property Rights in the content, materials, documents, videos, sound-recordings, seminar content, programs, meal plans, exercise regimes, business plans, social media strategies, data and other analogous materials (SNG Materials), that Sports Nutrition Group provides to you.

2. Nothing in this Agreement has the effect of transferring ownership of any Intellectual Property Rights in SNG Materials from Sports Nutrition Group to you.

3. You are entitled on a non-exclusive, revocable basis to use SNG Materials for the purposes of your participation in Courses conducted by Sports Nutrition Group, as well as for any other purpose expressly permitted by Sports Nutrition Group.

4. Without limiting any other right of Sports Nutrition Group, and for the avoidance of doubt, you acknowledge and agree that you must not:

   1. alter or modify any of the SNG Materials;

   2. create derivative works from the SNG Materials;

   3. provide SNG Materials to third parties; or

   4. use SNG Materials for any commercial purpose,

without Sports Nutrition Group’s prior express written permission.

5. You acknowledge and agree that you must not use SNG Materials for the purpose of creating or engaging in any business that is similar to that of the Sports Nutrition Group.

6. Without limiting any other provision of this Agreement, it is intended that this clause survives termination of the Agreement.

1. You hereby indemnify in full Sports Nutrition Group in respect of all claims, liabilities, suits, actions, loss and expenses, including costs of litigation and legal costs (Loss), suffered or incurred by Sports Nutrition Group in connection with:

   1. any breach of this Agreement by you;

   2. any negligent act or omission by you under this Agreement;

   3. the breach by you of any third party Intellectual Property Rights;

   4. the breach by you of any Intellectual Property Rights of Sports Nutrition Group; and

   5. any information that you provide to Sports Nutrition Group being  inaccurate or incomplete.

2. You agree to cooperate with Sports Nutrition Group (at your own expense) in the handling of disputes, complaints, investigations, or litigation that arise as a result of any of your conduct resulting in disputes, complaints, investigations, or litigation in which Sports Nutrition Group becomes involved, including in particular where you have provided incorrect information to Sports Nutrition Group. 

3. Sports Nutrition Group hereby indemnifies you in full in respect of all Loss suffered or incurred by you as a direct result of the grossly negligent or wilfully reckless acts or omissions of Sports Nutrition Group and its employees.

4. Without limiting any other provision of this Agreement, it is intended that this clause survives termination of the Agreement.

1. To the maximum extent permitted by law Sports Nutrition Group’s total liability arising out of or in connection with this Agreement, regardless of the cause of action (whether in contract, tort, breach of statutory duty or otherwise), will not exceed the total amount paid by you to Sports Nutrition Group.

2. Neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, business opportunities, reputation or goodwill, even if advised of the possibility of such damages.

3. Sports Nutrition Group will not be liable for any loss, damage, expense, cost or penalty arising from or relating to:

   1. your failure to provide accurate, complete, or timely information; and

   2. the performance or non-performance of any third-party engaged in connection with Sports Nutrition Group’s delivery of any goods and services under this Agreement.

4. Notwithstanding any other provision of this Agreement, if a statutory guarantee under the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) applies to any goods or services supplied under this Agreement which cannot be excluded, Sports Nutrition Group’s liability for a failure to comply with such a guarantee is limited to one or more of the following, at Sports Nutrition Group’s option:

   1. the supplying of the goods or services again; or

   2. the payment of the cost of having the goods or services supplied again.

1. If a dispute (Dispute) arises between the parties to this Agreement which they cannot resolve, then the party claiming that a Dispute has arisen may deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).

2. 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.

3. 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.

4. 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.

5. The mediation concludes when:

   1. all the Participants agree in writing on a resolution of the Dispute; or

   2. 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.

6. Nothing in this clause prevents a party from seeking urgent interlocutory and injunctive relief from a court of competent jurisdiction, where such relief is necessary to protect the party’s rights or interests.

1. 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 supplier provides a tax invoice in respect of the taxable supply. 

2. 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.

1. You must not assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of Sports Nutrition Group.

2. 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:

   1. promptly notifies the other party of the event (with appropriate details); and

   2. takes all reasonable steps to work around or reduce the effects of the event.

3. Any amendments to this Agreement must be made in writing and signed by the parties. 

4. You agree that the Sports Nutrition Group may use electronic means, including email to the email address that you have provided to Sports Nutrition Group, to communicate with you and to deliver any notice to you under these Terms.

5. 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.

6. 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.

7. 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.

8. If any provision of these Terms, or any document forming part of this Agreement, is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 

9. The provisions of our Agreement that by their nature and content must survive the completion, rescission, termination or expiration of this Agreement to achieve the fundamental purposes of this Agreement shall so survive and continue to bind the parties.