1. Your Acceptance
Welcome to the Terms of Service for the Eatercise website and any associated programs and services. This is an agreement between, Libby Wescombe, the owner and operator of https://eatercise.com.au, as well as http://members.eatercise.com.au and any Libby Wescombe services or products and you, a user of the Site and Service.
All Libby Wescombe products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
Libby Wescombe provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
You acknowledge and agree that Libby Wescombe, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any personal decision made by you at any time.
Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Site and Service. Users must be 18 years or older to purchase any of our products or Services.
2. Statements Have Not Been Evaluated; Speak With Your Doctor
-All content created by Libby Wescombe is for informational and educational purposes only.
-Any statements listed on our Site or Services have not been evaluated by any other national or international agencies.
-None of the content or products offered on the Libby Wescombe Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions.
-The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
-You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
-If you have or suspect that you have a medical problem, promptly contact your health care provider.
-Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site.
-You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
-Please seek medical advice in regards to your health conditions and physical fitness.
-If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
3. Nutritional Information
Nutritional information provided on the Eatercise website is based on extensive research. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
4. Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
You acknowledge that by participating in our information services or programs you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Eatercise website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information services or programs. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
5. Member Content, Posts and Testimonials
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
By posting or otherwise publishing Your Content on our Site or Libby Wescombe Community, you:
-Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
-Warrant that you have the right to grant the above licences;
-Warrant that Your Content does not breach these Terms; and
-Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
-Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
-Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
6. User Accounts
Libby Wescombe may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the Terms. Libby Wescombe has no obligation to investigate the authorisation or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Libby Wescombe of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.
In order to use any Libby Wescombe/Eatercise products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as Stripe and/or PayPal. By ordering a Libby Wescombe/Eatercise product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at firstname.lastname@example.org
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
All prices are in US dollars unless otherwise stated and inclusive of GST.
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act;
Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply;
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
9. Refund Policy
Libby Wescombe is not able to offer refunds once you have purchased access to her membership or products. If you are not satisfied with a product after receiving it as it is a digital information/downloadable product she does not offer refunds. Once the files are sent or accessed you will have permanent access and cannot return the files as you would be able to return a physical product.
If you are dissatisfied with her membership or otherwise unable to view it in its entirety, you may reach out to customer service at email@example.com or may elect to cancel outlined below in paragraph (In Cancelation Policy) and will not be charged for subsequent months.
You further agree and understand that changing your mind about Your Monthly Fuel membership, failing to follow through or understand the details of Your Monthly Fuel (membership) or not experiencing the results you expected or desired, or experiencing any other similar situations, does not entitle you to a refund.
With any specific issues please contact me at firstname.lastname@example.org
10. Cancelation Policy
If you wish to cancel your membership, you must give 14 days notice before the charge is scheduled to withdraw. Any requests for cancelation made less than 14 days before the automatic renewal is scheduled to charge your card, or made subsequent to the charge, will take effect the following month.
HOW TO CANCEL: In order to cancel a membership, you need to send an e-mail to email@example.com with the subject line MEMBERSHIP CANCELATION, including the your full name, email address, and confirmation of request to terminate your membership. You will be notified upon Libby Wescombe's receipt of email, and your membership will subsequently be canceled prior to the following billing period, assuming it is more than 14 days away.
As outlined above, if you cancel your membership less than 14 days before the automatic renewal is scheduled to charge your card, you acknowledge and agree that you will be charged for the next month, and the cancelation will take effect following this.
If you purchased access to Your Monthly Fuel during a period in which a free month(s), or trial period was granted, you understand that you will be automatically charged the full monthly amount of $32 following the end of the trial period. You will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
11. Product Availability
Due to product demands, some Libby Wescombe/Eatercise products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times.
12. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at firstname.lastname@example.org
13. Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
14. Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
15. Use of Eatercise/Libby Wescombe products or services
When using our Service, you agree that your use of Libby Wescombe/Eatercise products is for personal non-commercial use. You agree not to access, copy, or otherwise use Libby Wescombe/Eatercise, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by Libby Wescombe. You agree to the following:
-You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
-You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
-You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
-You will not collect or harvest any personally identifiable information, including account names, from the Service;
-You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
-You agree not to upload, post, transmit or otherwise make available any material that:
Is not your original work, or which may infringe the intellectual property or other rights of another person;
Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
Includes an image or personal information of another person unless you have their consent;
You know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive
Contains large amounts of untargeted, unwanted or repetitive content; or
Contains financial, legal, medical or other professional advice.
-You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
-You agree that you will not hold Libby Wescombe responsible for your use of our Site;
-You agree not to violate any requirements, procedures, policies or regulations of networks connected to Libby Wescombe/Eatercise;
-You agree not to interfere with or disrupt the Site or Service;
-You agree not to hack, spam or phish us or other users;
-You agree to provide truthful and accurate content;
-You agree to not violate any law or regulation and you are responsible for such violations;
-You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
-You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
-You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it; If you believe that a user has breached any of the above conditions, please contact us at email@example.com
-We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
-By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
-We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
-You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
16. Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
-This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
-If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
-No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
-The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
-We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
-We may subcontract any of our obligations under this Agreement to any person.
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