Terms of Service

1.1 Definitions

In this document, the following terms have the meanings set out below:

• Application: Your submission to enrol in a course offered by Sports Nutrition Group.
• Agreement: Your application, Direct Debit documents, these Terms, and related materials.
• Confidential Information: Non-public information including course materials, student data, business operations, research, technical systems, and trade secrets.
• Course: The course detailed in the Enrolment Schedule.
• Direct Debit Request/Agreement: Applications and agreements for direct payment debits.
• Enrolment Fees: Fees payable for course participation.
• Enrolment Schedule: Document specifying course details, commencement date, fees, and particulars.
• Fees: All amounts payable regarding application, enrolment, and course participation.
• Facilities: Tools, equipment, machinery, weights, and amenities at Sports Nutrition Group locations.
• Intellectual Property: All intellectual and industrial property rights worldwide.
• Location: Establishments where courses are conducted.
• Sports Nutrition Group: Sports Nutrition Australia Pty Ltd ACN 621 972 638 and Regulatory Body for Sports Nutrition Australia Inc ABN 96 569 070 212.
• Terms: This document and all annexures and schedules.

In this Agreement:

• Singular words include plural and vice versa.
• References to gender include all genders.
• Currency references are to Australian dollars (AUD).
• Headings are for convenience only.
• Parties comprising multiple persons are jointly and severally bound.
• Legislative references include modifications and re-enactments.

The agreement becomes binding when Sports Nutrition Group accepts your application to participate in a course.

This Agreement does not create any fiduciary, employment, agency or partnership between you and Sports Nutrition Group.

Sports Nutrition Group may modify the agreement where necessary due to:

• Changes in agreements Sports Nutrition Group holds.
• Changes in law or regulations.
• Modifications deemed necessary that don’t limit rights or impose additional obligations.

Where possible, 30 days’ notice is provided. You may terminate without penalty if you object to variations. Continued participation after receiving notice constitutes acceptance.

Graduate Certificate in Sports Nutrition Prerequisites:

• Must be over 18 years old.
• English literacy score of at least 5.5.
• Complete Language, Literacy, Numeracy, and Digital (LLND) Assessment.
• Satisfy one entry pathway:
  • Hold minimum AQF Level 4 qualification in relevant discipline (personal training, fitness, nutrition coaching) AND have 2 years relevant experience within past 5 years; OR
  • Above experience with satisfactory completion of capabilities assessment.

Sports Nutrition Group may waive age requirements with written parental/guardian permission.

Graduate Diploma in Sports Nutrition Prerequisites:

• Must be over 18 years old.
• English literacy score of at least 5.5 (IELTS or equivalent).
• Complete LLND Assessment.
• Satisfy one entry pathway:

Direct Entry:

• Hold minimum Bachelor Degree or higher in nutrition, exercise science, or related health field; OR
• Successfully completed Graduate Certificate in Applied Sports Nutrition (11466NAT).

Portfolio Entry (Recognition of Prior Learning):

• Hold minimum AQF Level 4 qualification in relevant discipline AND 2 years relevant experience within past 5 years; OR
• Above experience with satisfactory completion of capabilities assessment.

All Graduate Diploma applications are reviewed case-by-case. Sports Nutrition Group reserves the right to require additional documentation and professional references.

Sports Nutrition Group may approve or refuse applications at its discretion. Additional information, documentation, and professional references may be required. Written notification will be provided regarding acceptance, refusal, or requests for additional information. Sports Nutrition Group is not obligated to provide written explanations for application refusals.

8.1 General Conduct

You must not:

• Mislead or misrepresent your qualifications or enrollment status.
• Behave disrespectfully toward course members, lecturers, or markers.
• Disregard cultural and religious sensitivities.
• Act in disruptive or objectionable manners.
• Violate reasonable conduct directions.

Failure to comply entitles Sports Nutrition Group to suspend, restrict, or terminate your participation. Termination for serious conduct jeopardising health, safety, or wellbeing carries no refund rights, and you remain liable for unpaid fees.

8.2 Extension Policy

You must complete courses and assessments within Sports Nutrition Group’s specified timeframes. Extension applications must be submitted before end dates. Extensions are granted at Sports Nutrition Group’s sole discretion. Maximum extension is two years after course enrollment completion.

Unapproved extension applications may result in course withdrawal or failure. Denied extensions require an interview with a Sports Nutrition Group representative before re-enrollment. Unutilised fees after extension periods expire are retained non-refundably.

8.3 Failure to Meet Competency

Complimentary resubmissions are provided:

• Quizzes: 4 additional resubmissions
• Assignments: 2 additional resubmissions
• Practical assessments: 2 additional resubmissions
• Project assessments: 2 additional resubmissions

Additional paid resubmissions available (maximum 2 per course):

• Quizzes: $99 AUD
• Assignments: $199 AUD
• Practical assessments: $299 AUD
• Project assessments: $299–$499 AUD

All resubmissions must be competent before course completion dates. Sports Nutrition Group reserves the right to refuse resubmissions and declare course failure.

Course failure results in no refund rights for paid fees, continued liability for unpaid fees, and obligation to pay full enrolment fees if on payment plans.

8.4 Sports Nutrition Association Membership

Course participation requires registered membership with Sports Nutrition Association for practitioners. Non-registration constitutes course failure with no refund rights, continued liability for outstanding fees, and fair/reasonable fee retention.

9.1 Cooling-off Period

You have three (3) days after application acceptance to withdraw without fee liability. Withdrawal after this period triggers fee liability calculated per clause 8.3. Sports Nutrition Group acknowledges incurring significant application processing, applicant vetting, and third-party engagement costs, and notes limited course positions.

9.2 Enrolment Fees

Fees are displayed on the website or notified at application. First payment is due upon approval; recurring payments follow monthly/weekly payment plan schedules. Fees are lump-sum amounts for course participation, not subscriptions or pay-as-you-go arrangements.

Payment plans may require deposits (potentially non-refundable) and obligate payment of outstanding balances upon course withdrawal or termination.

9.3 Liability for Payment of Enrolment Fees

Refund circumstances:

• Withdrawal during cooling-off period or pre-commencement termination by Sports Nutrition Group: full refund of deposits and fees.
• Termination 4+ weeks before commencement: refund of deposits and fees minus $1,948 AUD (Graduate Certificate) or $2,532 AUD (Graduate Diploma).
• Termination within 4 weeks of commencement: no refund; liable for full enrolment fees.
• Core competency failure: liable for full enrolment fees despite incomplete course.

Sports Nutrition Group acknowledges these charges reflect legitimate costs, expenses, and losses from position replacement inability.

9.4 Extension Fees

Late submission fees apply, calculated proportionately to additional assessment time/costs:

• Graduate Certificate 6-month extension: $1,098 AUD
• Graduate Certificate 12-month extension: $1,854 AUD
• Graduate Diploma 6-month extension: $1,428 AUD
• Graduate Diploma 12-month extension: $2,410 AUD

Maximum 2-year extension available. Extension fees are due when extensions are approved.

10.1 General

• 2% surcharge applies to credit card payments.
• You’re responsible for updating expired/cancelled card details.
• Direct debits are subject to provided Direct Debit Request/Agreement terms.
• Pricing, payment methods, and processes may be amended with reasonable notice.
• Changes apply from website posting or direct notification dates.
• Seven-day objection period permits penalty-free termination.

10.2 Dishonoured Payment and Chargebacks

Dishonoured payments incur $49 USD / $73 AUD fees. Declined payments are reprocessed every 48 hours for 96 hours (4 times weekly).

Outstanding arrears after reprocessing trigger:

• Dishonour fee charges.
• Course material access suspension.
• 12.5% annual interest charges.

10.3 Late Payments

Interest at 12.5% annually applies to payments unpaid 14+ days after due dates. Outstanding payments 14+ days overdue enable:

• External debt collection engagement.
• Legal proceedings commencement.
• You bear all recovery costs including solicitor-client legal fees.
• Credit reporting agency disclosure.

Sports Nutrition Group complies with the Privacy Act 1988 (Cth). Personal information handling follows the Sports Nutrition Group Privacy Policy.

Third-party disclosure occurs for:

• Legitimate business interests.
• Prior program participation disclosures.
• Expired accreditation notices.
• Legal requirement compliance.
• Sports Nutrition Association legal proceeding support.
• Sale/proposed sale to third-party buyers.

You must not make public disparaging, derogatory, or harmful comments regarding:

• Education service quality and nature.
• Membership and association services.
• Sports Nutrition Group directors, agents, employees, or personnel.

Complaints must be submitted in writing with sufficient detail. Sports Nutrition Group responds within 10 business days requesting additional information or advising intended actions.

Public comment restrictions don’t apply to agreement disputes, which follow clause 17 processes.

13.1 Obligations

You must:

• Keep all Confidential Information strictly confidential.
• Use information solely for course participation.
• Not disclose without prior written consent.
• Take all reasonable unauthorised access/use/disclosure prevention precautions.
• Immediately notify of actual/suspected unauthorised use or disclosure.

13.2 Exceptions

Confidentiality obligations don’t apply to information that:

• Becomes publicly available through no fault of yours.
• Is independently developed without using provided Confidential Information.
• Is received from third parties without confidentiality obligation breaches.
• Is legally required disclosure (with prompt Sports Nutrition Group notice).

13.3 Return of Information

Upon agreement termination or request, you must promptly return or destroy all provided Confidential Information.

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

Nothing transfers Intellectual Property Rights ownership to you. You have non-exclusive, revocable rights for course participation and expressly permitted purposes only.

You must not without prior written permission:

• Alter or modify SNG Materials.
• Create derivative works.
• Provide materials to third parties.
• Use materials for commercial purposes.
• Use materials for competing business creation.

This clause survives agreement termination.

You indemnify Sports Nutrition Group against all claims, liabilities, suits, actions, losses, and expenses (including litigation costs) connected with:

• Your agreement breaches.
• Your negligent acts or omissions.
• Your breaches of third-party Intellectual Property Rights.
• Your breaches of Sports Nutrition Group’s Intellectual Property Rights.
• Inaccurate or incomplete information you provided.

You agree to cooperate in dispute handling at your own expense.

Sports Nutrition Group indemnifies you for losses directly resulting from its grossly negligent or wilfully reckless acts or omissions.

This clause survives agreement termination.

Sports Nutrition Group’s total liability arising from this agreement (regardless of cause) won’t exceed amounts you paid.

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data, business opportunities, reputation, or goodwill.

Sports Nutrition Group won’t be liable for losses from:

• Your failure to provide accurate, complete, or timely information.
• Third-party performance or non-performance.

If Australian Consumer Law statutory guarantees apply to supplied goods/services which cannot be excluded, Sports Nutrition Group’s liability is limited to resupplying goods/services or reimbursing resupply costs.

Disputes are resolved through negotiation and mediation. The party claiming disputes must deliver Dispute Notices containing particulars.

Participants must meet during 10 business days (or longer agreed periods) using reasonable endeavours and good faith to resolve disputes.

If unresolved, participants must appoint mediators within 10 business days per Resolution Institute rules. Mediators are nominated by Resolution Institute presidents if no agreement occurs.

Mediation concludes when all participants agree in writing or 20+ business days after mediator appointment with 5 business days’ notice given.

Nothing prevents parties from seeking urgent interlocutory and injunctive relief from competent courts where necessary.

Unless expressly stated, all amounts exclude Goods and Services Tax (GST). GST is payable as additional amounts by supply recipients provided tax invoices are provided.

Reimbursement or compensation amounts are reduced by input tax credits entitled parties receive.

• Assignment, novation, or rights/obligations transfer requires prior written consent.
• Neither party is liable for breaches from events outside reasonable control.
• Amendments must be in writing and signed.
• Sports Nutrition Group may use electronic means, including email, for communication and notice delivery.
• You release Sports Nutrition Group from liability for intercepted, corrupted, or altered emails/documents.
• This agreement is governed by Queensland, Australia law; you submit to Queensland courts’ non-exclusive jurisdiction.
• Consent may be given conditionally/unconditionally or withheld; all consents must be in writing.
• Invalid, illegal, or unenforceable provisions don’t affect remaining provisions’ validity.
• Provisions surviving fundamental agreement purposes continue binding parties post-termination.