Terms & Conditions

The following terms and conditions regulate the business relationship between You (You or Your) and Nude Nutrients Pty Ltd T/A Coach Welly (“Coach Welly“, “Nude Nutrients“, Us or We) for the purchase of goods and/or services from us. Coach Welly Terms and Conditions of Use and Privacy Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Coach Welly shall be regulated by the terms and conditions outlined in this agreement.

1. Definitions

In these terms and conditions:
Agreement means these terms and conditions.
Carrier means any person or business used by Coach Welly to deliver goods and/or services from Coach Welly to You, whether all or part of the distance of the delivery.
Goods means any goods offered for sale by Coach Welly.
Services means any services offered for sale by Coach Welly.
Website means this website or any Coach Welly mobile applications, including but not limited to the Coach Welly App, Welly Rewards, and ActivRewards App, or any other website or app through which Coach Welly offers for sale the Goods and/or Services.
Written Material means any informational material published by Coach Welly in any medium, including video, from time to time with a view to providing information to any customer or prospective customer of Coach Welly.

2. Our contract with You

2.1 Coach Welly shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.

2.2 Before an order is placed Coach Welly will display on the screen a quote confirming the details of Your order including the price of the Goods and/or Services.

2.3 Coach Welly will notify You by email or phone if any Good is unavailable and offer an alternative item or a full refund.

2.4 Subject to clause 2.5, receipt of full payment of Your order by Coach Welly is evidence of a binding and enforceable agreement between You and Coach Welly, and this Agreement can only be modified by written agreement between You and Coach Welly.

2.5 If applicable, any Goods ordered by You from Coach Welly are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Coach Welly will retain title of the Goods until it has received payment in full for the Goods.

2.6 All clerical errors are subject to correction and will not bind Coach Welly.

2.7 Upon registration as a member, or purchase through the Website or any Coach Welly mobile application (including the Coach Welly App, Welly Rewards, and ActivRewards App), you will be provided with a password and account. You must not disclose this information to any third party or allow any third party to use your account and password. You are entirely responsible for any access to your account and acknowledge that any access to, or use of, your account by means of the password associated with that account is deemed to be access or use by You. This includes any purchases made through your account.

3. Price and Payment

3.1 The price of any and all Goods and Services contained in any Written Material of Coach Welly is subject to change from time to time at the sole discretion of Coach Welly. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).

3.2 Full payment of an order must be made and received by Coach Welly before the Goods will be provided and/or delivered to You.

3.3 Coach Welly agrees to pay banking charges by the receiving bank on payments to Coach Welly. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.

3.4 You shall pay all sums due to Coach Welly under this Agreement by the means specified without any set-off, deduction or counterclaim.

3.5 You represent and warrant that if You are purchasing something from Coach Welly that:
(i) Any credit card information You supply is true, correct and complete,
(ii) You have express authority from the card holder to use this credit card,
(iii) Charges incurred by You will be honoured by Your credit card company,
(iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.

3.6 When purchasing from Coach Welly, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact Coach Welly using the contact page on our Website.

4. Subscriptions & Payments

4.1 By completing your purchase of a subscription with Coach Welly you confirm that you have read and agree to be bound by the terms and conditions of your Coach Welly subscription. Coach Welly offers varying subscription types across its services, including but not limited to the Coach Welly App, Welly Rewards, and ActivRewards App. The following conditions may apply to all Coach Welly subscription types. Please check your individual subscription terms during registration.

4.2 Upon registering for a Coach Welly subscription, You will be charged an initial fee which may vary, or may include a free trial period. The duration of this subscription is 4 weeks (minimum). This subscription will automatically continue unless cancelled by You.

4.3 You are responsible for processing cancellation of any active subscriptions or memberships through Your individual Coach Welly Account. Any requests sent to Coach Welly via email (or otherwise) to process cancellation on Your behalf may not be processed before the subscription renews (if applicable), and Coach Welly is not liable to refund any fees paid under these circumstances. After cancelling, you will continue to have access to Coach Welly services (including the Coach Welly App, Welly Rewards, or ActivRewards App) until the end of your current subscription period. Once your current subscription period ends, no further payments will be taken, and your subscription account will become inactive. You may reactivate your subscription at any time by purchasing a new subscription.

5. Information You Give Coach Welly

You agree that You have provided, and will continue to provide, accurate, up-to-date and complete information about Yourself to Coach Welly to enable Coach Welly to provide You with the Goods and/or Services ordered, whether through the Website or mobile applications (Coach Welly App, Welly Rewards, or ActivRewards App).

5.1 Coach Welly agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.

6. Information Coach Welly Gives You

All information provided by Coach Welly on the Website and its mobile applications (Coach Welly App, Welly Rewards, ActivRewards App) is provided in good faith. Coach Welly derives information from sources believed to be accurate and up to date as at the date of publication. Coach Welly may update any information at any time, but you acknowledge that the information may not always reflect the most current knowledge.

To the extent permitted by law, Coach Welly makes no warranties that any information provided is reliable, accurate or complete and makes no guarantees of specific results from use of its platforms. To the extent permitted by law, we are not liable for any loss arising from reliance on any information or material available on the Website, Coach Welly App, Welly Rewards, or ActivRewards App.

7. Quality of the Website and Apps

7.1 We do not promise that the Website or any Coach Welly mobile application (including the Coach Welly App, Welly Rewards, and ActivRewards App) will be error-free or uninterrupted. All content is delivered on an “as-is” and “as-available” basis.

7.2 We cannot ensure that files you download from the Website or our apps will be free of viruses, contamination or destructive features.

7.3 Receipt of emails, or other Internet-based communications such as via Facebook or Twitter from us, cannot be guaranteed.

7.4 The delivery of video messages is dependent upon third-party providers and therefore outside of our control.

7.5 Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view content on the Website or mobile applications.

8. Third Party Content

8.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, mobile applications (Coach Welly App, Welly Rewards, ActivRewards App), other members, contributors, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions, or failure to act of any third parties referenced. Opinions or judgments of third parties (including advertisers) do not represent endorsements by Coach Welly.

8.2 You may report misconduct of users and/or third-party advertisers, service and/or product providers to support@coachwelly.com.au. We may investigate and take action at our sole discretion.

9. Delivery

9.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order.

9.2 We deliver to most addresses within Australia (no PO Boxes). Delivery is Monday–Friday, 8:30am–5:00pm. Estimated timeframes vary based on location.

9.3 If delivery cannot occur within 30 days, we will notify You and reschedule.

9.4 Orders may be delivered in instalments.

9.5 Deliveries do not require a signature. If no one is available, items will be left in the safest possible location at the address provided. Coach Welly is not responsible for missing items in this case.

10. Cancellation and Returns

10.1 Once full payment is received, and subject to your statutory rights under Australian Consumer Law, you cannot cancel, refund, or modify your order due to change of mind or incorrect choice.

10.2 Coach Welly agrees to replace Goods that are faulty, wrongly described, or otherwise fail to meet consumer guarantees. Prompt contact and evidence may be required.

10.3 Claims for goods damaged in transit or incorrectly received must be made within 24 hours. Returned items must be unopened and in original condition to be eligible for refund or resupply.

11. Your Physical Condition

11.1 Consult a healthcare professional before beginning any fitness program. Seek immediate medical attention for any unanticipated physical issues.

11.2 No content from the Website or any Coach Welly application is medical advice or should be used for diagnosis or treatment.

11.3 Consult a qualified medical professional if you answer “yes” to any of the health screening questions listed (e.g., heart conditions, dizziness, asthma, etc.).

12. Disclaimers

12.1 We may update or improve any content or products without prior notice.

12.2 Where allowed by law, our liability is limited to: (i) replacement, (ii) repair, or (iii) cost of replacement or repair.

12.3 For all other situations, our liability is capped at the transaction value.

12.4 We are not liable for special, indirect or consequential losses, loss of profits, goodwill, data, or business interruption from your use of our Website, Coach Welly App, Welly Rewards, or ActivRewards App.

13. Intellectual Property

13.1 All names, logos, and trademarks used on the Website and Coach Welly platforms (Coach Welly App, Welly Rewards, ActivRewards App) belong to us or their respective owners.

13.2 No part may be reproduced or distributed without our written permission.

14. Indemnity

You agree to indemnify and hold Coach Welly harmless against all losses or claims related to your negligent or improper use of any products or services from the Website or apps.

15. Severability

If a part of this Agreement is unenforceable, that part will be modified or removed, and the rest will continue in full force.

16. No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

17. Dispute Resolution

If a dispute arises, you agree to try resolving it through good-faith mediation with us before pursuing arbitration or legal action.

18. Force Majeure

We are not liable for failure to perform if caused by events beyond our control (e.g., natural disasters, government actions, supply issues).

19. Entire Agreement

This document represents the full agreement between You and Coach Welly regarding purchases made via our Website, Coach Welly App, Welly Rewards, or ActivRewards App.

20. Variation

Any changes to this Agreement must be made in writing and accepted by Coach Welly.

21. Governing Law and Jurisdiction

This Agreement is governed by the laws of Queensland, Australia. Disputes will be handled in Queensland courts under non-exclusive jurisdiction.