Terms of Use & Disclaimer

1. Terms

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Bella Lindemann or The Functional Gut Health Clinic ("The School") digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Bella Lindemann or The Functional Gut Health Clinic (for any purpose), whether on a website hosted by Bella Lindemann or The Functional Gut Health Clinic or a third-party website such as an online course platform (e.g. Teachable) or a social media platform (e.g. Facebook) (collectively “the Program”). 

If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.


2. Intellectual Property Rights

a. Ownership of the content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the School’s website, any third-party website the School may use to distribute or host the Program, and contained in e-mails sent to you by the School, as well as the look and feel of all of the foregoing (“the Content”) is property of the School and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. Use license

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the School’s website;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server.
  7. The trademarks and logos displayed on the Program or Content are trademarks belonging to the School, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
  8. This license shall automatically terminate if you violate any of these restrictions and may be terminated by School at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

c. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the School may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.   

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the School that may not be adequately compensated by damages, entitling the School to obtain injunctive relief, without bond, in addition to all legal remedies.


3. Your Conduct in the Program; Confidentiality

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the School and any third-party forums operated by the School. Any material you post on the School's website or in any third-party forums operated by the School may become public. 

The School is not legally bound to keep your information confidential.

You agree to keep all information you learn about other Program participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the School's website and any third-party platforms or forums use by the School, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time. 

The School, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the School and any third-party platforms or forums used by the School. The School does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The School neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the School's website or any third-party platforms or forums operated by the School. The School shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the School's website and any third-party platforms or forums used by the School.

You are strictly forbidden from the following:

  • Causing damage to any School website or third-party forums operated by the School
  • Using any School website or third-party forums operated by the School for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any School website or third-party forums operated by the School to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any School website or third-party forums operated by the School to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any School website or third-party forums operated by the School
  • Sharing private and proprietary information from the Program with anyone else.


4. Termination

A. School's right to refuse or terminate access

The School reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the School.


b. Refunds

All courses are non-refundable once purchased and accessed. The product is deemed to be consumed once any lecture video or handout has been viewed.

Where duplicate transactions have been made, a refund will be available on request, less a non-refundable 5% transaction fee charged by the credit card processor per transaction.


5. Disclaimer

a. General

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

b. Not health advice

You acknowledge and accept that neither the School or any of it's representatives, including any authors, trainers, educators or representatives:

  • are not medically qualified;
  • are not a substitute for advice from a qualified medical doctor;
  • recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement;
  • do not warrant the accuracy of any information provided;
  • are not liable for any losses you may suffer by relying on our advice;
  • are not a covered entity or a business associate of a covered entity under HIPAA.

c. Education use only

All material and information we may provide about products and therapies is provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.


6. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. 

b. You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician.

c. You acknowledge that, by engaging with the School for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your ([delete if no minors] or your minor child’s/ward’s) participation in the Program, whether or not caused by the active or passive negligence of the Releasees. 

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the School for the Program.

d. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The School disclaims any liability for your reliance on any opinions or advice contained in the Program.

e. Earnings and Results Disclaimer. You agree that School has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The School cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

f. Any links to third-party products, services, or sites are subject to separate terms and conditions. The School is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the School may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

g. The School tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the School cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

h. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SCHOOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SCHOOL DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

i. THE SCHOOL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.


7. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


8. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.


9. Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The School cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the School, you accept that you do so at your own risk.


10. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.


11. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.


12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to its conflict of laws. The nearest state and federal court to Brisbane, Queensland shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.