General Terms
General Terms – updated as of 09/05/2023
A. General
1. This policy (together with the documents referred to in it, particularly the Privacy Policy) sets out the terms and conditions upon which Jenny Craig Weight Loss Centres Pty Ltd (Administrators Appointed) ACN 006 109 842 (Jenny Craig, we, us, our) will supply to the Customer (you, your) the products, namely:
(a) Rapid Results Max Up Plan, which contains a weekly menu of 7 breakfasts, 7 lunches, 7 dinners and 7 Recharge Bars (a total of 28 individually packaged meals and bars); and
(b) Classic Plan, which contains a weekly menu of 7 breakfasts, 7 lunches, 7 dinners and 7 snacks (a total of 28 individually packaged meals and snacks);
(together, the Weight Loss Plans),
(c) two (2) Simple Meal Plan boxes which each contain 7 set breakfasts and 7 set lunches (a total of 14 individually packaged meals); and
(d) two (2) Essential Meal Plan boxes which each contain 7 set lunches, 7 set dinners and 7 set snacks/ desserts (a total of 21 individually packaged meals and snacks),
(the Food Only Plan/s)
(together and individually referred to as Products, Weekly Menu), which are listed on our Website store.jennycraig.com.au (Website), (together the Terms).
2. You should review these Terms (including the Privacy Policy which can be found here) carefully before ordering any Products from our Website. If you do not agree to these Terms, you should immediately cease using our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
3. By placing an order through our Website, you warrant that you:
(a) are at least 18 years old;
(b) are legally capable of entering into a binding contract;
(c) are residing in Australia; and
(d) agree to these Terms.
B. Placing an Order
4. You may order Products by selecting and submitting your order through our Website.
5. Any order placed through our Website for Products, is an offer by you to purchase the particular Products for the price notified on the Website (including delivery, tax and any other charges as may be applicable) at the time of your order.
6. By placing an order, you agree to provide us with up to date, complete and correct details when asked to do so by the Website. We may request certain personal identifiable information from you and ask you to provide additional details, to enable us to process any orders placed. You may be required to provide contact information (such as name, email, and address (for delivery or otherwise)) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy for more information on how we collect and use your information.
7. Each order placed for Products through our Website which we accept, results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms.
C. Price and Payment
8. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Products ordered, which is shown on the Website at the time you place your order;
(b) (on the Weight Loss Plans) loyalty scheme fees, as shown on the Website, if any;
(c) the delivery charges provided to you at the time of your order, if any; and
(d) any other fees and charges set out in these Terms.
9. All fees and charges set out in Terms and all prices for the Products listed on the Website include GST (where applicable).
10. The price of the Products and any loyalty scheme and delivery and other charges will be as quoted on the Website from time to time, except in cases of obvious error.
11. Payment for all Products may be made by credit card (we accept payment by Visa, Mastercard or Amex), Afterpay or Zip. Please note Afterpay and Zip are not services provided by Jenny Craig. Afterpay is a facility offered by Afterpay Pty Ltd. If you would like to know more about Afterpay, please visit the Afterpay website www.afterpay.com/en-AU. Zip is a facility offered by Zip Money Payments Pty Ltd. If you would like to know more about Zip, please visit the Zip website www.zip.co.
12. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order. If:
(a) a Product that you have ordered is not available and we have not provided you with a substitute; or
(b) you cancel an order within the timeframe set out in these terms,
we will provide you with a refund within 3 – 5 business days to your card of purchase, to the value of the Products that were not supplied to you.
13. After ordering online, you will receive an email confirmation from us containing your order details to the email address used to place the order.
14. If Products you have ordered are out of stock or unavailable, due to high demand or otherwise, we reserve the right to provide you with substitute Products.
D. Cancelling an Order
Cancellation by us
15. We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:
(a) the requested Products in that order are not available;
(b) there is an error in the price of the Products or in the description of the Products listed on the Website;
(c) that order has been placed in breach of these Terms;
16. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date (or, in the case of click & collect, before you collect the order) or if you are not at fault or in breach of these Terms.
Cancellation by you
17. Due to the nature of our business, if you intend to cancel your order, we require minimum notice of 48 hours prior to your delivery/ the time nominated for your click & collect. This must be done by calling our Customer Care Team on 1800 453 669 Monday to Saturday only, or by emailing us at customercare@jennycraig.com.au.
18. If you cancel an order within 48 hours prior to your delivery/ the time nominated for your click & collect, we are not able to offer you a refund and your order will proceed to be delivered to you.
E. Delivery
1. If, when placing an order for Products on our Website, you have selected the delivery option, the terms and conditions set out in this section will apply.
2. At present, we are unable to deliver to all areas across Australia. We will only deliver Products to a location where we provide delivery services.
3. Generally, there is a flat fee of $15 for delivery to eligible areas to which we provide delivery services. Please telephone your nearest Centre or enter your address online to check if your delivery address qualifies for the flat fee. If your delivery address does not qualify for the flat fee, a new delivery fee will be quoted to you when you telephone your nearest Centre, or you enter your delivery address online. We reserve the right to change the flat fee at any time, at our sole and absolute discretion.
4. You agree to provide us with complete and accurate information in respect of your delivery address, to enable us to fulfil your order that we have accepted. A delivery address may not be altered once an Order has been placed.
5. When you place your order, your nearest Centre will call you within 24 hours (Monday to Friday), to arrange a suitable delivery time.
6. All efforts will be made to delivery your order at the suitable time nominated, however due to events beyond our reasonable control, we may not be able to do so and will not be liable to you or any other person for any such delay. In addition, you understand that occasionally we may need to change your delivery date and time. You will be notified as soon a reasonably practicable if we are required to make this change for any reason.
7. Unless specific instructions are otherwise provided, our standard procedure is to deliver the Products to the front gate or front door at the address provided by you if we deem the premises safe and secure. If you ask us to deliver, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the address provided by you. You must make all necessary arrangement to allow your order to be delivered.
8. If your address is outside of the location to which we provide delivery services, then your order may be delivered to a central business location or central pick-up location, nominated by us. In that case you will be required to collect your order from this central business location or central pick-up location.
9. You may be required to provide us with appropriate proof of identity. If the order has been paid by credit card, you may also be asked to show the credit card in order for verification checks to be conducted.
10. Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration or damage to any Products once they have been delivered to your nominated delivery address. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer ASAP after delivery.
11. We will not be held liable for any financial or physical damages of any kind. We will not replace or provide a refund for any Products ordered by you and/or delivered to you by mistake.
12. You must notify us if you have received an incorrect Product/s or if you are missing any Products within 24 hours of delivery by phone on 1800 453 669. Missing Products will be refunded to you to your card of purchase. Failure to comply with these policies will result in no replacement Product/s or refund.
13. We reserve the right to change or alter delivery days and times, without notice.
14. There may be restrictions on free delivery offers. Please contact your nearest centre to identify if your delivery address is eligible.
F. Click & Collect
15. If, when placing an order for Products on our Website, you have selected the click & collect option, the terms and conditions set out in this section will apply.
16. On selecting the click & collect option, you will be provided with:
(a) details of your nearest Jenny Craig Centre/s so you may nominate a Centre for collection of your order (Nominated Centre); and
(b) one or more allocated timeframes, for your nomination, within which you must collect your order (Timeframe).
17. You order will be available for collection at your Nominated Centre Monday to Thursday inclusive, only. Our click and collect service is not available Friday to Sunday inclusive. If you place your order after 2pm on a Wednesday, it will not be ready for collection until Monday.
18. Opening hours may vary from centre to centre. Please ensure you verify the opening hours of your Nominated Centre before attending for collection, by telephoning the Centre or visiting our Find a Centre page.
19. You must collect your order within the Timeframe nominated when placing your order. We will only hold your order up to one (1) week after the expiry of your Timeframe. If you fail to collect your order during that additional one (1) week period, we will issue you with a refund if you request it. If you have failed to request a refund within one (1) month after the expiry of your Timeframe, we are unable to issue a refund to you under any circumstances.
20. To collect your order, you must attend at your Nominated Centre with your confirmation of order email, your order number and a physical photo ID.
21. From time to time, we may need to substitute Product/s in your order for other similar Product/s if a Product is unavailable for any reason.
22. Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration, or damage to any Products once they have been collected by you. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer ASAP after delivery.
23. There is no additional charge for click & collect.
24. Click & collect is offered subject to availability. Not all Jenny Craig Centres offer the click and collect service.
G. Refund Policy
Loyalty Scheme Refunds
25. If you hold a loyalty scheme, you may only cancel it:
(a) (cooling off period) within 24 hours of your purchase of the loyalty scheme for any reason; and
(b) (medical condition) if you are diagnosed by a medical practitioner with a physical or mental illness that results in it being detrimental for you to continue (and you provide a medical certificate);
26. If a loyalty scheme is cancelled in line with subclause (a) or (b) above, we will provide you with a pro-rata refund of the fee paid, within 20 business days, calculated based on the length of any unused term.
27. Loyalty Schemes may not be cancelled for any other reason and we do not otherwise offer any refunds.
Product Refunds
28. Due to the nature of our Website, we are not obliged to refund any payment you make to us, except as required under the Australia Consumer Law.
29. If you placed an order on our Website and have received Products that are not what you ordered or faulty you may contact us by phone on 1800 453 669 or by email on customercare@jennycraig.com.au within twenty-four (24) hours of the time of delivery or collection via click and collect, to organise a refund. We may require photos of the Product/s to assist in our investigation.
30. If you have taken up the delivery option and Products have been damaged during the delivery process, then you may also contact us by phone on 1800 453 669 or by email on customercare@jennycraig.com.au within twenty-four (24) hours of the time of delivery to organise a refund. In addition:
(a) we may require photos of the Product/s and/ or delivery to assist in our investigation; and
(b) failure to contact us within the above designated time will deem your acceptance of the delivery, which you will be charged for. We may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged. For the method of refund please see above.
31. If, following an investigation under either clause 28 or 29 above, there is no fault on our part, you will bear all costs associated with the refusal and return of any order. Failure to adhere to our Terms will prohibit any refunds being issued to you.
32. If the Products have been opened, used or damaged after delivery or, if you take up the click & collect option, after you have collected the Products from a Centre, or if any attempt has been made to alter the Products, we will not offer a refund except as required by Law.
H. Health Acknowledgement
33. We strongly recommend that you consult your Doctor prior to consuming the Products if you have any health concerns or medical conditions at all, to ensure they are safe for you to consume.
34. As a guideline, we recommend that the Products are not safe for you if you:
(a) have coeliac disease;
(b) require a vegan, kosher or halal diet;
(c) are pregnant (or if you have given birth in the last 6 weeks);
(d) are being treated with dialysis/ hemodialysis;
(e) have or have had anorexia, bulimia, or any other eating disorder within the last 2 years;
(f) are being treated for cancer or have treatment planned (i.e. surgery, chemotherapy, radiation, radiotherapy);
(g) have an allergy (that is serious, i.e. that may result in an anaphylactic reaction, or otherwise) or an intolerance to any of the ingredients listed for any of the Products; and/or
(h) have any other serious medical conditions.
35. You acknowledge that if you have:
(a) adult diabetes and are taking insulin;
(b) Crohn’s disease, ulcerative colitis or have had the removal of bowel;
(c) had a heart attack less than 3 months ago;
(d) had an organ transplant;
(e) had stomach banding, stapling, sleeve or Roux-en-Y gastric bypass; and/or
(f) had a stroke less than 1 year ago
then you may not be able to safely start on Jenny Craig and consume the Products and you will consult with your Doctor prior to doing so.
36. If you have any of the following health conditions or are taking any of the following prescribed medications, you also agree to discuss these (and any other health conditions that may inhibit your ability to participate in Jenny Craig) with your doctor prior to making any purchases online: angina, arthritis requiring medication, breastfeeding, cancer (past), cardiac arrhythmia, depression (controlled), diabetes (not requiring insulin), epilepsy, food allergy or intolerance, gallbladder disease or gallstones, gastrointestinal disease (excluding Crohn’s disease and ulcerative colitis), gout, heart disease, heart attack or coronary bypass surgery, high blood pressure or stroke, high cholesterol, IVF or other fertility treatment, kidney or liver disease, major surgery within the past 3 months, are medically advised to follow a special diet, medications (lithium, mono-amine oxidase (MAOI) medications, medication for high blood pressure or diabetes, thyroid disease and/or undiagnosed chest pain or severe shortness of breath.
37. While we take all due care to keep allergy prone ingredients out of certain Products, please be aware they may still be present. We accept no liability whatsoever to any allergic reaction by you as a result of consuming a Product.
38. If you are unable to consume an ingredient, you may only have a limited number of Products to choose from. This may impact on your ability to become a Jenny Craig client and follow Jenny Craig long term;
39. You are responsible for:
(a) seeking professional advice as to your diet, exercise and any lifestyle change;
(b) your own health, ensuring that you regularly consult your doctor regarding the need to modify medications and/or your level of physical activity (and will inform him/her if you experience changes in your health condition while consuming our Products);
(c) ensuring you do not have any health conditions which prohibit you from consuming any of our Products;
(d) checking the Nutritional Panel and Ingredients of each Product before purchase and consumption.
I. Warranties and Disclaimers
40. To the maximum extent permitted by law, including the Australia Consumer Law, we make no warranties or representations about the Website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
41. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
42. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk. The service and all Products ordered by you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
J. General Matters
43. In order to purchase the Weight Loss Plans, you may be required to sign up to a loyalty scheme with us. The loyalty scheme available is the Silver Rewards Loyalty Scheme, the terms and conditions of which are set out here (Loyalty Scheme).
44. Loyalty Schemes include the following:
i. an initial weight assessment;
ii. newsletters;
iii. recipe books;
iv. hints and tips on how to stay on track; and
v. access to purchase the Weight Loss Plans for the duration.
45. On purchase of a Loyalty Scheme and a Weight Loss Plan, you will receive a personal coaching session with a Jenny Craig Coach (either by telephone or in person at a Jenny Craig Centre) and a personalised menu with 28 menu items and an activity plan, for that week;
46. Alternatively, if you purchase a Food Only Plan, no loyalty scheme cost is payable. Loyalty Schemes (and their associated benefits including but not limited to access to a personal coaching session with a Jenny Craig Coach) are not available with Food Only Plans. Further, no discounts are available on Food Only Plans.
47. (Individual Product Add-Ons) Certain individual products may also be purchased either individually or as add-ons when purchasing Weight Loss Plans and/or Food Only Plans either online or in centre. These individual products may include vitamins, recharge bars and/or other items as and when available. When purchased individually or as add-ons, Jenny Craig does not make any claims (whether in relation to weight loss or otherwise) in relation to these individual products. These individual products do not, on their own, achieve weight loss. Where weight loss is your goal, Jenny Craig recommends purchasing a Loyalty Scheme (with associated benefits including a personal coaching session as prescribed above) along with a Weight Loss Plan.
48. (Product Swaps) The Weight Loss Plans allows you to swap up to five (5) Products, to suit your tastes, before placing your Order. Alternatively, the Products in the Food Only Plan are set and are therefore to be purchased as is. They are not able to be swapped for other alternative Products.
49. (Discounts) From time to time, discounts may be available (whether to our existing clients (including but not limited to our VIP clients) or otherwise) on the Products available for purchase on our Website. From time to time there may also be a delivery offer available, which may be used in conjunction with the purchase of Products.
50. (Title) Title in the Products will pass to you from the time of delivery or, in the case of click & collect, at the time the Products are collected by you.
51. (Reviews) From time to time, Jenny Craig may send customers communications (via email, SMS text messages etc.) either directly or via our third-party software, requesting a product review. Such communications are only sent to verified customers that have purchased from us. Sometimes a promotional code may be offered as an incentive for completing the review. All user reviews submitted by customers in relation to Jenny Craig on any forum may be used for marketing purposes, which includes publication on our website, in emails, advertisements or in other digital or print marketing literature.
52. (Disputes) Any disputes must be lodged in writing to us at customercare@jennycraig.com.au explaining the details of the dispute.
53. (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
54. (Third Parties) We engage third party delivery (and, from time to time, other) companies to deliver our Products to you. We are not liable or responsible for any failure by those third parties to perform, or any delay in the performance of, any of our obligations under a contract that may be caused by those third parties.
55. (Liability) To the maximum extent permitted by law, including the Australia Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
56. (Severability) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
57. (Governing Law) Your use of the Website and these Terms are governed by the laws of Australia and you submit to the non-exclusive jurisdiction of the Courts in Australia.
58. (Collection Statement) We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new Products and other updates. We may disclose that information to third parties that help us deliver our Products (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.
59. (Consent) You (or in the case of Adolescents, the Parent/ Guardian),
(a) approve of your photograph being taken, stored and utilised to assist in visual motivation, for comparative purposes and for our records. You approve of your photograph being supplied to the Jenny Craig marketing department as a success story, but not to be used publicly without further consent from you;
(b) would like to receive regular updates on Jenny Craig’s special offers, products and services via email, post, SMS and other channels which are used by Jenny Craig from time to time;
(c) you consent for Jenny Craig to use and disclose any health information (including whether sensitive or otherwise) that Jenny Craig may obtain from you from time to time in conjunction with your participation in our plans, or by you purchasing and following the Weekly Menu, to your doctor, or to a Jenny Craig medical consultant, if such use and disclosure is reasonably necessary for Jenny Craig to provide any Loyalty Scheme and associated products and services to you.
60. (Information) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information and Products described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.
61. (Reservation of Rights) We reserve the right, at any time, to:
(a) refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
(b) modify or discontinue the purchase of Products from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product offered. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
(c) limit the quantities of any Products that we offer. All descriptions of Products and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and
(d) discontinue any Products at any time. If that happens, any offer for any Product made on the Website is void where prohibited.