Terms of Service

Last updated: 4-July-2026

 

1. Who we are and what these terms cover

These Terms of Service ("Terms") govern your access to and use of cliveburns.com and all products and services offered by Clive Burns, trading as [CLIVE: confirm trading name — e.g. "Clive Burns" sole trader / "Clive Burns Health Coaching" registered business name] ("we", "us", "our"), including:

  • self-guided online courses, videos, PDFs, downloads, calculators and the community area, delivered via our platform provider Kajabi ("Content"); and
  • 1:1 in-person coaching sessions, 1:1 online coaching sessions, and group online coaching sessions ("Sessions"),

(together, the "Service").

By accessing the Service, creating an account, booking a Session, or purchasing a product, you agree to these Terms, our Privacy Policy, our Disclaimer, and — for 1:1 in-person coaching — our Waiver and Intake Form. If you do not agree, please do not use the Service.

2. Who we are and our qualifications

Clive Burns is a Health Coach, Nutrition Coach, and Primal Health Coach, certified through Precision Nutrition, Primal Health Coach Institute, and YMCA Fit (international qualifications). Clive Burns is not a registered dietitian, nutritionist, or personal trainer under Australian law, and does not hold an Australian Certificate III/IV in Fitness. Nothing in the Service should be read as implying otherwise, regardless of how the Service is described elsewhere (including in older marketing material, which we are in the process of updating).

3. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service, book a Session, or make a purchase. The Service is intended for a general adult audience and is not directed at children.

4. Scope of the Service — what we do and don't do

This applies across every format of the Service — Content, 1:1 in-person, 1:1 online, and group Sessions.

What the Service includes:

  • general health, nutrition and lifestyle education;
  • demonstration of universal movement mechanics and form, for educational purposes;
  • behavioural and habit-based coaching frameworks (e.g. hunger cues, portion methods, sleep/circadian/stress habits);
  • generic templates and frameworks that you apply yourself;
  • in-person: habit coaching, pantry audits, general movement/activity accountability, and check-ins.

What the Service does not include, under any format:

  • individualised or supervised exercise programming, live correction of your personal exercise form or technique, or any other personal training service (this requires an Australian Cert IV we do not hold);
  • prescription of specific calorie or macronutrient targets to treat a diagnosed medical condition;
  • diagnosis, treatment, or meal-planning for eating disorders or any other medical or mental health condition;
  • any form of medical, dietetic, or allied health advice.

If you have a diagnosed medical condition, disordered eating history, or injury, you must consult an appropriate registered health professional (GP, dietitian, physiotherapist, etc.) before using the Service, and the Service is not a substitute for that care.

5. Coach-client relationship

Content (self-guided courses, videos, PDFs, downloads, calculators): these are automated, self-directed products. Purchasing or accessing Content does not create a coaching, advisory, or professional relationship between you and Clive Burns.

Sessions (1:1 in-person, 1:1 online, group online): booking and attending a Session does create a genuine coaching relationship between you and Clive Burns for the duration of the engagement. That relationship remains subject to the scope boundaries in section 4 at all times — it does not extend to exercise prescription, diagnosis, or clinical/medical nutrition advice.

6. Accounts

To access certain Content you may need to create an account through Kajabi. You are responsible for keeping your login details confidential and for all activity under your account. Tell us promptly at [email] if you suspect any unauthorised use.

7. Booking, rescheduling and cancelling Sessions

  • Sessions must be booked in advance via [CLIVE: booking method/link].
  • Rescheduling/cancellation by you: [CLIVE: specify notice period, e.g. "at least 24 hours' notice"]. Sessions cancelled with less notice, or missed without notice ("no-shows"), [CLIVE: are forfeited / incur a fee of ___ — confirm].
  • Cancellation by us: if we need to cancel or reschedule a Session (including due to illness or, for in-person sessions, unsafe conditions), we will offer you a suitable alternative time or, where that isn't possible, a refund or credit for that Session.
  • In-person sessions: location, what to bring, and any venue-specific requirements will be confirmed at booking. You must arrive fit to participate and tell us about any injury, condition, or change in health before the session starts.
  • Online sessions: delivered via [CLIVE: platform, e.g. Zoom/Google Meet]. You're responsible for your own internet connection, device, and having a safe, clear space to participate in any movement-based demonstration.
  • Group sessions: class sizes, format, and any minimum-numbers policy will be confirmed at booking.

8. Recording

Sessions may not be recorded, screen-captured, or photographed by participants without our prior written consent. If we record a Session (for example, for quality or reference purposes), we will tell you beforehand and seek your consent where required by law.

9. Purchases, pricing and payment

Prices are shown at the point of purchase/booking and may change at any time, but changes will not affect orders or bookings already placed. Payments are processed by our platform and payment providers (for example, Kajabi and its payment processor); we do not store your full card details ourselves. You agree to provide accurate billing information and authorise the charge for any product or Session you buy or book. Where you sign up for a subscription or payment plan, you authorise recurring charges until you cancel in accordance with these Terms. [CLIVE: confirm current GST registration status — GST is only required to be charged/registered above $75k AUD annual turnover; add a line here once confirmed, e.g. "We are not currently registered for GST" or "Prices include GST."]

10. Refunds and consumer guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded. If our Content or Sessions fail to meet a consumer guarantee under the ACL, you are entitled to a remedy, which may include a repair, replacement, or refund, depending on the nature of the failure.

In addition to your ACL rights:

  • Content: new subscribers receive a 7-day free trial period, during which you may cancel and will not be charged. Outside the trial period, and beyond your ACL rights, Content purchases are non-refundable unless otherwise stated at the time of purchase, because you receive immediate access to downloadable and viewable material.
  • Sessions: [CLIVE: specify — e.g. "unused, properly cancelled session credits are refundable to your original payment method" or "session packages are refundable on a pro-rata basis for unused sessions, less an administration fee of ___"].

If you believe a product or Session hasn't met the ACL guarantees, contact us at [email] and we will assess your request in line with your legal rights.

11. Licence to use the Content

When you purchase or access Content, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use that Content for your own personal, non-commercial use.

You may not, without our prior written permission:

  • copy, reproduce, redistribute, sell, sub-licence, rent or share the Content;
  • share your account or login details, or give others access to paid Content you have purchased;
  • record, download (except where a download is expressly provided), screen-capture or republish videos or materials;
  • use the Content to create a competing product, or to train any machine-learning or AI system; or
  • remove any copyright, trademark or other proprietary notices.

12. Intellectual property

All Content and Session materials, including text, videos, images, course materials, PDFs, calculators, graphics, the "Clive Burns" name and branding, and the underlying methods and frameworks, are owned by or licensed to Clive Burns and are protected by intellectual property laws. Except for the limited licence in section 11, no rights are transferred to you.

13. Community guidelines

If you take part in any cliveburns.com community or comment area, you agree to be respectful, to give no medical advice to other members, to share only content you have the right to share, and not to post anything unlawful, harassing, misleading, or harmful. We may remove content or suspend access for breaches. Anything you post may be used by us to operate and promote the community, but you retain ownership of your own content.

14. Health disclaimer and assumption of risk

The Service — across Content and all Session formats — provides general educational, behavioural and lifestyle coaching only and is not medical, dietetic, or allied health advice, and (except for Sessions, per section 5) does not create a coach-client relationship. You must read and accept our Disclaimer, which forms part of these Terms, and, for in-person Sessions, our Waiver and Intake Form. You use the Service at your own risk and are responsible for consulting a GP or other appropriate healthcare professional before starting any new dietary or physical routine, and before starting Sessions if you have any pre-existing injury or condition.

15. No guarantee of results

We make no guarantee that you will achieve any particular result from Content or Sessions. Any results, statistics or testimonials shown (including Clive Burns's own experience) are illustrative and not typical. See the Disclaimer for the full statement.

16. Limitation of liability

To the fullest extent permitted by law:

  • the Service (Content and Sessions) is provided "as is" and "as available", without warranties of any kind, express or implied, except for the consumer guarantees referred to in section 10;
  • we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, data, or opportunity; and
  • our total aggregate liability to you for any claim arising out of or relating to the Service will not exceed the amount you paid us for the product or Session giving rise to the claim in the 12 months before the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded — including liability for death or personal injury caused by negligence, for fraud, or any statutory consumer rights that apply to you.

17. Indemnity

You agree to indemnify Clive Burns against any claims, losses or costs arising from your breach of these Terms, your misuse of the Service, or your failure to disclose a relevant health condition before a Session, to the extent permitted by law.

18. Suspension and termination

We may suspend or terminate your access, or cancel a booking, if you breach these Terms or if we reasonably believe continuing a Session would be unsafe. You may stop using the Service at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and governing law) will continue to apply.

19. Complaints

If you have a complaint about the Service, contact us first at [email] so we can try to resolve it directly. If we can't resolve it between us, you may be entitled to raise it with the Australian Competition and Consumer Commission (ACCC), Fair Trading Queensland, or seek independent legal advice.

20. Governing law

These Terms are governed by the laws of Queensland, Australia. You and Clive Burns submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

21. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date, and material changes will take effect when posted (or as otherwise required by law). Your continued use of the Service after changes means you accept the updated Terms.

Questions about these Terms? Contact us at [email].