Purchase Terms and Conditions

By clicking to accept/agree, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions set out below.

1. Services

1.1. The website www.weightlossandbeyond.com.au (Website) is operated by Weight Loss & Beyond Pty Ltd (ABN 70 668 534 423) (Weight Loss & Beyond ).

1.2. The Website makes available for purchase various digital products (Digital Products) and 1:1 coaching services (Coaching) (collectively referred to as the Services).

1.3. The Services are health coaching services only and are not medical services.

1.4. You have agreed to make a purchase through the Website.

1.5. These Terms and Conditions are to be read in conjunction with the relevant payment page (Payment Page) and information page (Information Page) of the Website, relevant to your purchase.

2. Acceptance of the Terms and Conditions

You accept the Terms and Conditions by clicking to accept/agree and proceeding with your purchase.

3. Personal Information

3.1. When making a purchase on the Website, you will be required to provide personal information such as your full name, password and e-mail address. You are responsible for ensuring the security of your password and account information, and must notify us immediately of any unauthorised access or security concerns.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the Weight Loss & Beyond Privacy Policy (Privacy Policy) which is available on the Website.

4. Registration for the Services

4.1. In order to access the Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to): name, e-mail address, contact number, password, address.

4.2. You warrant that any information you give to Weight Loss & Beyond in the course of completing the registration process will always be accurate, correct and up to date.

4.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms and Conditions.

4.4. You may not use the Services and may not accept the Terms and Conditions if you are not at least 18 years of age.

5. Service Purchase

5.1. In using the Website to purchase any of the Services, you will agree to the payment of the purchase price listed on the Website (Purchase Price).

5.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

5.3. In making a purchase via the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.4. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and include GST (goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999). Where the Services are provided to a recipient outside Australia and the supply is GST-free under the A New Tax System (Goods and Services Tax) Act 1999, GST will not be charged.

5.6. You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by Weight Loss & Beyond for steps taken to enforce payment terms will be recoverable and payable by you.

6. Digital Products

6.1. Digital Products are delivered as links to download and sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].

6.2. Weight Loss & Beyond will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Digital Products.

6.3. Weight Loss & Beyond does not provide refunds for Digital Products, except where required under the Australian Consumer Law. Please keep this in mind when making a purchase.

7. Cancellation and Termination of Coaching Services

7.1. If you wish to cancel your involvement in Coaching Services, please provide written notice to Weight Loss & Beyond by email to [email protected].

7.2. Subject to your rights under the Australian Consumer Law and clause 7.4, the fees or purchase price paid are non-refundable.

7.3. Weight Loss & Beyond reserves the right to terminate your involvement in any of the Services: (a) immediately upon written notice by email for material breach of these Terms and Conditions if such breach is not remedied within 48 hours of notice; or (b) with 48 hours' written notice by email for any other breach.

7.4. If Weight Loss & Beyond terminates any of the Services, Weight Loss & Beyond will refund to you on a pro rata basis, any monies paid for Services that have not yet been delivered.

8. Digital Product Licence Information

8.1. When you purchase a Digital Product through the Website, Weight Loss & Beyond grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Digital Product (Licence).

8.2. The Digital Product is licensed for personal use by you only and may not be shared with third parties. Any sharing, reproduction, distribution, or public display of the Digital Product is strictly prohibited.

9. Warranty

9.1. Weight Loss & Beyond makes no warranty that the Services, including the Digital Product, will meet your requirements or that all participants or consumers will achieve the same results.

9.2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Weight Loss & Beyond and are entitled to a refund for the unused portion as determined under the Australian Consumer Law. A major failure with the Services is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

10. Disclaimer

10.1. The Services are health coaching services only and are not medical services.

10.2. Weight Loss & Beyond does not provide medical services, and Weight Loss & Beyond is not a medical practice, and its coaches and personnel do not provide medical services.

10.3. You are solely responsible for creating and implementing your own health decisions, choices, actions and results arising out of or resulting from the Services and interactions with Weight Loss & Beyond. As such, you agree that Weight Loss & Beyond is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Services.

10.4. You understand that the Services, and any information you receive through your involvement in the Services, or through any materials and documents provided to you are not a substitute for medical attention or mental health attention, examination, diagnosis or treatment. It is Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a medical or mental health professional, it is recommended that You promptly inform the medical or mental health care provider of the nature and extent of the Services you are engaging with.

11. Information Disclaimer

11.1. Any information, advice, content or documentation provided through the Services or on any other related platform, including in any accompanying resources, are not meant to substitute professional treatment, and is provided for general information and guidance purposes only.

11.2. All care is taken in the preparation of the information and published materials, including in any accompanying resources. Weight Loss & Beyond does not make any representations or give any warranties about accuracy, reliability, completeness or suitability for any particular purpose.

11.3. To the extent permissible by law, Weight Loss & Beyond will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, podcast or on any other related platform.

12. Copyright and Intellectual Property Rights

12.1. You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by Weight Loss & Beyond or under Weight Loss & Beyond’s direction pursuant to or in the course of providing the Services will remain the sole and complete property of Weight Loss & Beyond, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

12.2. There is no assignment of Intellectual Property Rights by Weight Loss & Beyond to you pursuant to these Terms and Conditions.

12.3. You hereby indemnify and agree to keep indemnified Weight Loss & Beyond against all liability, losses or expenses Weight Loss & Beyond incurs in relation to or in any way directly or indirectly connected with any breach of copyright under this clause.

13. Limitation of Liability and Waivers

13.1. Weight Loss & Beyond's total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the lesser of: (a) the resupply of the Services to you; or (b) the total amount paid by you to Weight Loss & Beyond in the twelve months preceding the event giving rise to the liability, except where such limitation is prohibited by applicable law.

13.2. You expressly understand and agree that Weight Loss & Beyond, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, except where such exclusion is prohibited by law. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13.3. A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

13.4. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

14. Dispute Resolution & Mediation

If a dispute arises out of or relates to these Terms and Conditions, neither party may commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief) unless: (a) that party has first given written notice of the dispute to the other party; (b) the parties have attempted in good faith to resolve the dispute through mediation with an appropriate mediator to be appointed by mutual agreement or, failing agreement within 10 business days of the written notice of dispute, appointed by the Resolution Institute (or its successor body); and (c) at least 30 days have elapsed since the commencement of such mediation.

15. Force Majeure

15.1. If circumstances beyond Weight Loss & Beyond’s control prevent or hinder its provision of the Services, Weight Loss & Beyond is free from any obligation to provide the Services while those circumstances continue. Weight Loss & Beyond may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased. If Weight Loss & Beyond elects to terminate under this clause, clause 7.4 will apply.

15.2. Circumstances beyond Weight Loss & Beyond’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

15.3. For the sake of clarity, if in Weight Loss & Beyond’s reasonable opinion, the provision of the Services will be affected by a pandemic, Weight Loss & Beyond may suspend the provision of the Services in part or in whole to you for a period of up to 90 days. If the suspension continues beyond 90 days, Weight Loss & Beyond will refund to you, on a pro rata basis, any monies paid for Services not yet delivered. Additionally, Weight Loss & Beyond will not be liable for any losses or damage due to a pandemic. If you choose to terminate these Terms and Conditions due to a pandemic, the relevant cancellation or termination clause will apply.

16. Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Weight Loss & Beyond for marketing purposes, provided such testimonials are not materially altered. You may withdraw your consent to the use of future testimonials by providing written notice to Weight Loss & Beyond, however any existing published use prior to receipt of such notice will not be affected.

17. Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

18. No partnership or agency

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

19. Assignment

You may not assign these Terms and Conditions without the prior written consent of Weight Loss & Beyond. Weight Loss & Beyond may assign these Terms and Conditions without your consent in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms and Conditions.

20. Variation

These Terms and Conditions may not be changed or modified in any way except in writing.

21. Severance

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

22. Entire Agreement

These Terms and Conditions, together with the relevant Payment Page and Information Page of the Website, constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersede all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.