Terms & Conditions
(a) This Agreement is between Evidence Based Training Pty Ltd (ABN 81 636 385 183) (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at ebtonline.com.au (Store) or on our mobile application.
(b) By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:
(1) that you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and
(2) that you have the legal capacity to enter into a legally binding agreement with us;
(c) You must not place an order for Goods, Services or approve any quotes issued unless you are at least 18 years old
2. Account Holders
(a) You may be eligible to create an account in order to purchase Goods or Services from us (Account), which allows you to pay your invoices on a monthly basis. You may purchase Goods or Services from us with, or without, an account.
(b) When you make create an account and/or make a purchase, you may be asked to provide us with basic Account information such as your name, shipping address, billing address and payment details.
(c) You must ensure that any information that you give us when you create an Account with us, including any personal information, is accurate and up-to-date. All personal information that you give to us will be used to manage your Account and will be treated in accordance with applicable law.
(d) You are liable for all activity under your Account, including all purchases made using your Account details.
(e) You may be required to complete a health assessment questionnaire.
(a) You may order Goods or Services from us through our Store, or as set out on the Site (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.
(b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.
(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.
(d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.
(e) When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
(f) If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.
4. Price and payments
(a) You must pay us the purchase price of the Goods or Services that you order, plus any Australian GST and applicable delivery costs as advised by us (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the price of the Goods.
(b) If you do not have an Account with us, you must pay the Price, upfront at the time of purchase or on completion of services rendered, including where the Goods or Services are the subject of an Order placed with
us. Only once the Price has been paid in full will we provide you with the Goods or Services, or will we submit your Order to our suppliers.
(c) If you have an Account with us, we will send you a monthly statement
at the end of each month, in respect of Goods purchased or Services rendered during that month. You agree to pay the monthly statement as per the times, and using the payment method, stipulated in the monthly statement or invoice.
(d) If you fail to pay your invoice in accordance with clause 4(c), we may
suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute, and you must pay any undisputed portion of the invoice as set out in clause 4(c).
(e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly.
(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that
the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(g) Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website (Store)
(1) You fail to pay any amount when it is due and owing.
(2) You default in the performance of your obligations under these terms and conditions.
(3) You, if an individual, commit an act of bankruptcy. Or, if you are a corporation, becomes subject to external administration or passes a resolution to wind up. Then;
(4) In addition to any other rights we have, you shall be in breach of these terms and conditions, and we shall be entitled to treat the whole of the scope of works repudiated. We may refuse to supply any of
the services to you. We may elect to seek relief through the courts
or through a third-party debt recovery service to recover the money, plus interest and additional costs in accordance with the terms and conditions. You shall pay all our collection costs, including solicitor fees, interest, third party expenses and related costs for outstanding amounts. We will be immediately entitled to, without liability, terminate or suspend the provision of future services, in accordance with these terms and conditions, in the event of default.
5. Availability and cancellation
(a) All Goods and Orders are subject to availability. We do our best to keep products in stock and use reasonable endeavours to source any Orders from our third-party suppliers.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted, including where there is a considerable delay in dispatching your Order, or for any reason we cannot supply the Goods in your Order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your Order. You may choose to receive a refund or a store credit or to place your Order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Goods will be refunded to you. If you choose to place your Order on backorder, we will contact you to arrange delivery or collection once the Goods are available.
6. Delivery, collection, title and risk
(a) Where you request delivery of any Goods, we will deliver the Goods, either ourselves or through our third-party delivery partners, to the delivery address you provide when placing your Order.
(b) Delivery costs will be advised by us when you place your Order and/or included in any applicable quotes.
(c) You acknowledge and accept that any date/time notified by us, or
our delivery partners, for the delivery of the Goods is an estimate only. Delivery of the goods may be subject to, or impacted by, third party providers, including but not limited to our delivery partners and the supplier of the Goods ordered. We accept no liability for any loss, damage or claim made in respect of a delay in the delivery of any Goods which is beyond our reasonable control.
(d) If you need to change the delivery date or delivery address, please notify us immediately in writing.
(e) We may, at our sole discretion, required you to sign for any Goods which are delivered. If we require such signature, and neither you nor your authorised representative is at the delivery address to accept delivery, we may either leave the goods as the delivery address or return the Goods to our Store, and you will need to collect the Goods from our Store, or pay for redelivery of the Goods.
(f) You must ensure that clear, safe access is provided at the delivery address for the Goods, which is free from harm or risk to safety when the Goods are delivered either by us, or our delivery partner. If the party delivering the Goods deems it to be unsafe to deliver the Goods, they may, at their sole discretion, decline to deliver the Goods at that time, and you will need to pay for the redelivery of the Goods when the delivery address has been made safe.
(g) Title to the Goods will remain with us or our supplier until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Goods.
(h) Risk in the Goods will pass to you immediately upon delivery of the Goods to the delivery address. Once risk in the Goods passes, you will be solely responsible for them. It is your responsibility to confirm that the Goods delivered are complete, undamaged or are otherwise supplied in accordance with the Order before you accept delivery of the Goods.
(i) If you are collecting your Goods from our Store, we will contact you
when your Order arrives using the contact details you provided when placing your Order. All Goods must be signed for either by yourself or your authorised representative. If for any reason you or your authorised representative are unable to collect the Order on the nominated collection date, you must contact us to arrange another collection time.
If you do not collect the Goods on the agreed collection date and you have not arranged a new collection date within 14 days of being notified by us that your Order has arrived in the Store, we may at our absolute discretion, either charge a daily storage fee or we will be entitled to assume that you have cancelled your Order and we may resell the Goods to another customer. In respect of any Goods which remain uncollected in accordance with this clause and which we do not normally stock or are Goods which are custom made goods, you acknowledge and accept that you forfeit any payment made towards the Price.
Refund, Hold and Cancellation Policy
(a) We do not offer change of mind returns for our products or services.
(b) It is an 8 week minimum subscription when you join our coaching services. You cannot cancel before the 8 weeks. It is also a 2 week notice to cancel your subscription, please email firstname.lastname@example.org to do so. There is no cooling off period, once you join you must commit to the 8 weeks.
(c) At your request with no less than 14 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. You cannot place your Serve Plan on hold during your 8 week minimum term.
(d) Within your first 8 week minimum commitment, you may only upgrade your service plan. You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 14 days’ written notice to email@example.com after your 8 week minimum. Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the EBT team. A change of service can be exercised without restriction after the minimum 8 week commitment term.
(e) The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.
Australian Consumer Law
(f) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Our Goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(g) Where you return the Goods to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the Goods to us.
(h) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch new or repaired replacement Goods or refund you the Price of the relevant Goods. Please contact us for further information.
8. Manufacturer’s Warranty
(a) Some Goods may come with a warranty offered by the manufacturer
of those Goods. If a warranty applies, the details of that warranty will
be set out on the packaging of the Goods, inside the packaging of the Goods or on the manufacturer’s website (Manufacturer’s Warranty). If there is a defect in the Goods during the warranty period offered by the manufacturer, the manufacturer may repair or replace the Goods or offer a refund or compensation as applicable to the defect.
(b) If the Manufacturer’s Warranty applies, please contact us with details
of the defect in the Goods, alongside any pictures and additional information which we may request (e.g. proof of purchase), and we will liaise with the manufacturer as to your claim under the Manufacturer’s Warranty. The manufacturer may require you to return the defective Goods directly to them and the costs of the return may need to be borne by you.
(c) You agree that the Manufacturer’s Warranty is offered by the Manufacturer of the Goods, we do not provide any warranty against defects in the Goods, and, to the maximum extent permitted by law, our obligations to you for any defects in the Goods is limited to the remedies you have available under the Australian Consumer law.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the Goods and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the Goods or Services the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation and/or loss of use, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the Goods, or any injury or loss to any person;
(2) failure or delay in providing the Goods; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Goods or Services.
10. Collection Notice
(a) We collect personal information about you in order to manage your Account, to contact and communicate with you, to respond to your enquiries, to process and dispatch your Orders and for other purposes you give us permission for.
(b) We may disclose that information to third party service providers who help us supply and deliver the Goods or Services to you (including
our delivery companies, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Goods or Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with these Terms.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when
you submitted your Order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Photographs: If you provide us with photographs of the Goods including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Order.
(k) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at: Evidence Based Training Pty Ltd
Last update: 21/06/2022
Welcome to ebtonline.com.au!
We provide an individualised and sustainable approach to training and nutrition. Our service provides you with the tools to achieve optimal results without compromising your lifestyle.
All of our services require a minimum of 8 consecutive weeks commitment. By commencing coaching with ebtonline.com.au you agreeing to a minimum of 8 consecutive weeks of payments.
To cancel your subscription with ebtonline.com.au you must email firstname.lastname@example.org and provide a minimum of 2 weeks notice.
Subscriptions cannot be paused.
Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you with your body composition and training goals. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner.
TERMS AND CONDITIONS
This online platform is operated by Evidence Based Training (we, our or us). It is available via our mobile application and may be available through other addresses or channels, including our website located at ebtonline.com.au.
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform.
If you are under 16 years of age (a Minor), you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
If you are a parent or legal guardian permitting a Minor to access and/or use the Platform, you agree to: (1) supervise the Minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform; (3) ensure that the content on the Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
SIGNING UP TO OUR PLATFORM
We may make available on the Platform (1) Service Plans for a set period of time, with upfront payment (Fixed Service Plans); and (2) Service Plans that renew on a weekly basis, with weekly payments (Weekly Service Plans).
If you select a Weekly Service Plan, you agree to maintain the Weekly Service Plan for the minimum period of time set out on the Platform (Minimum Term). You can read more about our cancellation policy below.
You can browse and view the website as an unregistered user of the Platform.
When purchasing a Service Plan, or if you wish to access our mobile applications, you must register on the Platform and create an account (Account).
You must provide basic information when registering for an Account including name, email address, and location and you must choose a password. You will also be required to fill out a health assessment questionnaire to allow us to customise our Services for you.
You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.
USING THE PLATFORM AND OUR SERVICES
⦁ You agree to provide all assistance, information and documentation necessary to enable us to provide the Services, such as responding to questionnaires we provide to you.
⦁ All information that you provide to us in connection with the Platform or the Services must be true, accurate and complete.
The meal plan, nutritional information and other Content that we provide to you as part of the Services are created specifically for you, and you agree not to share this Content with any third party. You can read more about our Intellectual Property rights below.
You acknowledge and agree that the Services may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.
You agree that if you are pregnant or have any medical issues that may impact on your interaction with our Platform and the Services, you must provide us with notice of such condition and provide all assistance necessary to allow us to tailor our Services for you.
⦁ You must pay us the fees set out on the Platform in relation to your chosen Service Plan (Service Plan Fee) in order to receive the Services outlined in your Service Plan, via credit card, PayPal, or any other method set out on the Platform.
⦁ Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party payment provider, as set out on the Platform.
⦁ Where you have selected a Weekly Service Plan, Service Plan Fee is payable in advance of the next billing cycle.
⦁ To the maximum extent permitted by law, the Service Plan Fee is non-refundable.
⦁ The Service Plan Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
⦁ If any payment is not made in accordance with these Terms, we may (at our absolute discretion) (1) immediately suspend your access to the Platform, until as soon as reasonably practicable after you rectify such non-payment; (2) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (3) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms.
REFUND, HOLD AND CANCELLATION POLICY
The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.
We do not accept refunds of the Service Plan Fee for change of mind or other circumstances.
At your request with no less than 14 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. You cannot place your Serve Plan on hold during your 8 week minimum term.
Within your first 8 week minimum commitment, you may only upgrade your service plan. You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 14 days’ written notice to email@example.com after your 8 week minimum. Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the EBT team. A change of service can be exercised without restriction after the minimum 8 week commitment term.
Where you have chosen a Weekly Service Plan and cancel your Weekly Service Plan before the end of the Minimum Term, you agree to pay to us the remaining Service Plan Fees in relation to the Minimum Term. You acknowledge that the payment of such Service Plan Fees is a genuine pre-estimate of the loss we have incurred as a result of your early cancellation.
If you have a high volume of dietary exclusions that are not supported by medical documentation we may downgrade your service to the intake goals only option where we feel an restricted by your preferences in constructing a meal plan that meets your calculated nutritional requirements.
8 week challenge
If you go through our 8 Week Challenge, follow the instructions provided in our member welcome pack, 100% adherence to the process, complete the fortnightly checkins correctly, provide a detailed daily food diary, and do not get realistic results, we will refund you the full amount of your investment for the 8 week challenge.
*Clients who have had Weight Loss Surgery or a Gastric Sleeve are not eligible for a refund.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to find a Buyer or Seller and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform; (7) as a Seller, offering any services that you do not intend to honour or cannot provide; (8) as a Buyer, making any offers to Sellers that you do not intend to offer; (9) using our Platform to send unsolicited email messages; or (10) facilitating or assisting a third party to do any of the above acts.
INTELLECTUAL PROPERTY RIGHTS
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey and any medical details (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
NOTICE REGARDING APPLE
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us (including any food, beverages or supplements that you obtain as part of your meal plan); (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, the Buyers or the Sellers; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
LIMITATIONS ON LIABILITY
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Service Plan Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
WARRANTIES AND INDEMNITIES
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.
You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Competitors: You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Price variation: We may modify the Service Plan Fees from time to time upon notice to you. Where you have chosen a Weekly Service Plan, the updated Service Plan Fees will apply in the next weekly billing cycle after the change has occurred.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms during the Minimum Term, you may terminate your Account without paying us any future Service Plan Fees.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Last update: 21 March 2022