Terms and Conditions

1. About the Website

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

1.2. Weight Loss & Beyond provides health coaching services. Health coaching services extend to general wellness education and support, lifestyle modification guidance, accountability and general health and wellness information.

1.3. The Website provides you with an opportunity to browse and purchase various digital products (Digital Products), and purchase access to 1:1 coaching services (Coaching), (collectively referred to as the Services).

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

1.5. When making a purchase through the Website, you will be provided with purchase terms and conditions at the point of purchase for your review and acceptance.

1.6. Access to and use of the Website, or any of its associated Services, is provided by Weight Loss & Beyond. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.7. Weight Loss & Beyond reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Weight Loss & Beyond updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website, or by purchasing any of the Services. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you do not agree to these Terms, you must leave the Website immediately and cease using the Services.

3. Warranty

3.1. Weight Loss & Beyond makes no warranty that the content on the Website or Services will meet your requirements or that all participants or consumers will achieve the same results.

3.2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services (as defined under the Australian Consumer Law), 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.

4. Disclaimer

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

4.2. Weight Loss & Beyond does not provide medical services, and Weight Loss & Beyond is not a medical practice and its personnel are not registered with AHPRA.

4.3. 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.

4.4. 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.

5. Information Disclaimer

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

5.2. 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.

5.3. 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.

6. Copyright and Intellectual Property

6.1. The Website, the Services and all of the related services of Weight Loss & Beyond are subject to copyright. The material on the Website and in the Services is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Weight Loss & Beyond or its contributors.

6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Weight Loss & Beyond, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:

• (a) use the Website pursuant to the Terms;
• (b) copy and store the Website and the material contained in the Website in your device's cache memory; and
• (c) print pages from the Website for your own personal and non-commercial use.

6.3. Weight Loss & Beyond does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Weight Loss & Beyond.

6.4. Weight Loss & Beyond retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

6.5. You may not, without the prior written permission of Weight Loss & Beyond and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

Weight Loss & Beyond takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Weight Loss & Beyond's Privacy Policy, which is available on the Website.

8. General Disclaimer

8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.2. Subject to this clause, and to the extent permitted by law:

• (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• (b) Weight Loss & Beyond will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Weight Loss & Beyond make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• (b) the accuracy, suitability or currency of any information on the Website, the Services;
• (c) costs incurred as a result of you using the Website, the Services or any of the products of Weight Loss & Beyond; and
• (d) the Services or operation in respect to links which are provided for your convenience.

9. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Weight Loss & Beyond does not control any Third-Party Services. Weight Loss & Beyond additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by Weight Loss & Beyond of these Third-Party Services and Weight Loss & Beyond will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

10. Limitation of liability

10.1. Weight Loss & Beyond's total liability arising out of or in connection with the Services or these Terms, 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.

10.2. 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. This will include, 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.

11. User Generated Content

11.1. If you choose to contribute any content to the Website or any other platform operated by Weight Loss & Beyond, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

11.2. By contributing content to the Website, you grant Weight Loss & Beyond a worldwide, non-exclusive, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Weight Loss & Beyond.

11.3. Additionally, if you post Your Content with any personal information, including identifying information such as location or name, you agree that Weight Loss & Beyond can use that information with Your Content for advertising and promotional purposes, or any other legitimate business purpose in accordance with our Privacy Policy and applicable privacy laws.

11.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Weight Loss & Beyond social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Weight Loss & Beyond. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

11.5. Please ensure you keep your own copies of Your Content as Weight Loss & Beyond may not archive, store or back up Your Content nor continue to make Your Content accessible online.

11.6. Weight Loss & Beyond will endeavour to provide you with an appropriate credit when using Your Content on Weight Loss & Beyond platforms, though you understand and agree this may not always be possible.

11.7. Weight Loss & Beyond reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory, discriminatory, or otherwise objectionable or offensive.

12. Mailing List Registration

12.1. You may be given the option to register for the Weight Loss & Beyond mailing list (Mailing List).

12.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

12.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Weight Loss & Beyond. You may unsubscribe from the Mailing List at any time by following the unsubscribe instructions included in any email communication.

13. Indemnity

13.1. You agree to indemnify and hold harmless Weight Loss & Beyond, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
• (b) any direct or indirect consequences of you accessing, using or transacting on the Website in a manner that is wrongful, negligent, unauthorised or in breach of the Terms, or attempts to do so; and/or
• (c) any breach of the Terms.

14. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, the Services, or these Terms, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales, Australia.

16. Independent Legal Advice

Both parties acknowledge that they have had the opportunity to read and consider these Terms before accepting them.

17. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.