TERMS AND CONDITIONS
For our safety and yours, the following terms and conditions apply
to all purchased Programs and Meal Plans.
Any amended Terms will take effect from the next time you view or use our website or Services. If you do not agree with the amendments or our Terms at any time, then you must immediately stop using our Services and the website.
“Content” means anything we submit as material to be included in the website and Services, including all material, links, words, images, photos, videos.
"Intellectual Property Rights" means all rights in copyright works, registered and unregistered trademarks, brands, logos and devices, any design rights, inventions, and patents, trade secrets and confidential information and any other intellectual property rights.
“Services” means coaching and mentoring services which includes the provision of diet, nutrition, exercise, fitness and personal training related information, guidance, support and services which may be offered using various web-based and other means from time to time.
“User” “you/your” means any user that visits, or signs up, and uses our Services.
“User Content” means anything a User submits as material to be included in a comment or post including in any Facebook group or to any other user including all material, links, words, images, photos, videos.
“We”, “us”, means www.doctorveganfit.com, Doctor Vegan Fit Pty Ltd, and includes all directors, employees and contractors.
AGREEMENT TO USE OUT SERVICES
To use our website and Services, you acknowledge and agree to the following:
You are over 18 years of age and able to create a binding legal contract;
You will not share your password or login details with any other person and you will keep your contact and all other information updated;
Our website and Services are provided in an effort to help with information, coaching and an understanding of a particular type of diet and exercise. Services may be provided through Facebook groups, Facebook videos, Q&A chats, online videos, online progress trackers, face-to-face, by telephone, or other web-based means (such as Skype, Google hangout, or similar) or as otherwise agreed from time to time. The Services do not include any personalized medical advice, diagnosis, monitoring or treatment of medical conditions, or any medical supervision. We are only providing coaching guidance based on our experience, research and studies, and are not your personal doctor.
HOW IT WORKS
If you wish to purchase our Services, you will be sent a subscription or ‘pay up front’ (as per your choice) link, where you can submit your credit card details securely. This fee will cover your initial “work up”, ie baseline nutritional, exercise and lifestyle questionnaire, anthropometric assessment, calculation of required caloric intake, macronutrient requirement, construction of a meal plan and exercise plan. If you chose the subscription option, you will pay a weekly direct debited fee for the duration of the program. By providing us and our secure payment facility with your payment details, you are agreeing to the weekly payments being deducted for the duration of the program. You must participate for a minimum number of 10 weeks. Once
committed to the 10-week program, the subscribed or upfront payment cannot be cancelled or refunded. We accept the following types of payments:
- credit card payment over the phone using ‘Stripe’,
- or online payment using Stripe, or PayPal.
Before commencing any new diet or exercise program, or relying on any information, or taking any course of action which may directly or indirectly affect your health or well-being, you should consult with your own personal healthcare professional. You acknowledge and agree to obtain the following prior to starting our programs:
a blood test which confirms you have normal liver and kidney function, cholesterol levels, haemoglobin levels, iron, thyroid function, HBA1c and B12 and folate;
a blood pressure check to confirm you have acceptable level; and
a general health and physical body check to ensure you can perform general low impact fitness exercises.
If you do not have acceptable levels in these tests, you must provide a certificate from your doctor confirming it is ok for you to participate in our programs. You also acknowledge that you are not pregnant or planning on becoming pregnant. If you do plan on becoming pregnant with in the next 10 weeks, you must obtain a certificate from your doctor confirming it is ok for you to participate in our program.
With your permission, we would like to publish the
photographs, - with option to be de-identified (ie face cropped out of
frame) – to be included in our promotional and commercial activities, to
inspire others to partake in the challenge also.
PERSONAL INFORMATION AND PRIVACY
Where you are required to provide personal, health, diet and exercise information, you agree:
(a) to provide true, accurate, current and complete information about you as requested; and
(b) to maintain and promptly update such information to ensure it is up-to-date, complete and accurate at all times.
We have high standards that you need to meet if you wish to post comments. You are solely responsible for all User Content you transmit or post on our website or through our Services or otherwise to any user, visitor or third party. We are not responsible for any User Content. Should you decide to post User Content, be aware that it is then public to the group and you need to determine if that is a suitable environment to do so for your own health and well-being purposes.
The User Content must meet the standards below.
Any User Content must:
Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organisation.
Not give the impression that they originate from us or any other person or entity, if this is not the case;
Not post commercial interests are spam or advertisements of any sort.
In consideration for allowing you to post User Content, you grant us a royalty free perpetual non-exclusive license to use, copy, edit, change, distribute, reproduce, make derivative works of and alter in whatever way we chose to do so with your User Content, including use or inclusion in promotional and commercial activities.
ALTERATION, DELETION OF CONTENT
Content or User Content. In particular, if we believe the User Content does not comply with our standards, or breaches regulations, or we receive complaints, or for any other reason in our reasonable discretion, we may alter or delete User Content at any time without notice. We shall not be liable to you or any third party for any alteration or deletion of Content or User Content.
AVAILABILITY OF SERVICES AND SECURITY
We make no warranty that the website and Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We do not warrant that it will meet your requirements or that it will be suitable for any particular purpose. We will use our best endeavors to ensure the website and Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website and Services become unavailable for any lengthy and unusual time period, but we are not responsible to you if the website Services are unavailable.
We take reliability and security seriously and put significant effort into ensuring that we maintain a secure environment for all data. However, no system is perfectly secure or reliable, and the reliability of hosting services, third party vendors, internet intermediaries, your internet service provider, and other service providers to provide software, hardware and storage cannot be assured. When you use our Services, you accept these risks.
To avoid doubt, all implied conditions or warranties in relation to the website and Services are excluded so far as is permitted by law, and in particular under the Australian Consumer Law. We exclude all warranties of merchantability, fitness for purpose and non-infringement.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within our website and Services are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or to use any other User’s Content without their express permission.
All Intellectual Property Rights in the website, Services and Content is owned by us. You are solely responsible for obtaining our prior written permission before re-using any material. Any unauthorized use of the materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or Content obtained from the Services.
All Intellectual Property Rights in the User Content is owned by you. You grant us an assignable, royalty free, worldwide, non-exclusive, transferable licence in perpetuity to copy, distribute, adapt, publish the User Content for the purpose of operating, developing and improving the Services and complying with these Terms.
DIET AND EXERCISE DISCLAIMER
You acknowledge and agree that we may, from time to time, or as part of the Services, recommend products, food, diet regimes or treatments in the course of or as part of the Services. If you have or suspect that you may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by us, find you may have or are experiencing side effects which are uncomfortable or concerning, you should promptly contact your professional health care provider. Any statements either on the website or Services, or made by us at any time regarding diet, food or treatments are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease. We are not responsible for any meal plans that may contain allergens or intolerances;
If, at any time, you are feeling or experiencing undue discomfort or illness, or suffer an injury you should immediately stop the program and the Services and consult your qualified health professional. The information and any recipes or recommended diet advice, or recommended exercises contained in the website and/or provided as part of the Services is for general information purposes only and is not meant to substitute individual personal and professional dietary advice or treatment or exercise or physio treatment which you may receive from your own qualified medical professional. Any exercise program you undertake may result in injury. By voluntarily performing the exercises in our program you assume the risk of any resulting injury.
DISCLAMER FOR SERVICES
You acknowledge and agree that results of the Services will vary from individual to individual. For this reason, performance, progress and success of any particular part of the Services is reliant on you to meet your own requirements. For example, we cannot monitor your adherence to the meal plan or exercise program. We cannot and do not guarantee any particular results and you are solely responsible for your own progress. If any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address and assist. We will use our reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance.
You agree that some Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to your condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at your own risk. You are at all times responsible for your own physical health and emotional well-being. We recommend that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
You take full responsibility for making any decision based on the information and Services we provide to you and how you may interpret and use this information. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability for any loss, damage or injury that may arise from you acting on any statement or using our Services.
You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may arise either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party claims, and any and all diet and exercise claims, and any indirect or consequential damages.
CANCELLATION AND TERMINATION
Cancellations: Once you enrol in our programs we do not offer cancellations or refunds except in exceptional circumstances, such as where you are deemed unfit to begin the challenge or program. All refunds are at our discretion, however, we will comply with our obligations in relation to refunds under the Australian Consumer Law and you can find more information in that regard under the clause “Limitation of Liability”.
WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
We may also cancel your account and terminate your use and access to the website if we receive complaints that you are misusing, abusing or otherwise violating these Terms or general good faith use of our Services.
Upon such termination, regardless of the reasons, your right to use the website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are in no way responsible for providing a refund for any Services as a result of any breach of these Terms, illegal activity or otherwise.
LIMITATIONN OF LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or our website. We are in no way to be held liable, directly or indirectly for any loss, injury, emotional distress or any other loss or damage that may result from any reliance on any information, activity, or otherwise directly or indirectly related to your use of our Services.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability to you is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
The supply of any services again; or
The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms are governed by the laws of Tasmania which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Tasmania for determining any dispute concerning these Terms.
PERSONAL AND HEALTH INFORMATION COLLECTION STATEMENT
Doctor Vegan Fit Pty Ltd, (“us”, “we”, “our”) only collect the information we need in order to perform our services (“Services”).
We comply at all times with the Australian Privacy law which regulates how personal information is handled including all your health details which are considered sensitive information (‘Personal Sensitive Information’). We will not disclose your Personal Sensitive Information without your consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
You may contact us by writing to (Doctor Vegan Fit Pty Ltd, firstname.lastname@example.org) and have the right to gain access to the information held by Doctor Vegan Fit Pty Ltd, about you.
By providing us with this Personal Sensitive Information, you acknowledge and agree that the information you are providing to us is true and correct at the time you are providing it to us. You will notify us with any changes and keep it updated on a regular basis while you are using our Services. You can access your Personal Sensitive Information by request at any time.
We keep your Personal Sensitive Information secure and do not use it for any purposes unrelated to our Services. All our employees and any staff who may have access this personal information are under a strict duty of confidentiality and privacy practices are adhered to. Please note: we securely destroy all your Personal Sensitive Information after 1 year if you have ceased using our Services.
From time to time, we may use your Personal Sensitive Information to contact you in relation to information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and be removed from any further marketing or information we may send.
Important Note: Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis. You are responsible for consulting a doctor before commencing any new regimes or alterations to your diet or health. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.
MEDICAL AND FITNESS ADVICE DISCLAIMER
All the information, exercises, techniques, recipes, diet suggestions, ideas and examples in our program materials (“Content”) are for educational purposes only, are general in nature, and are not in any way to be construed as personal medical advice. The Content does not take into account your individual health, medical, physical or emotional situation or needs and should not be used for diagnosing any health, fitness, well-being, medical or other condition. Our Content is not to be taken as dietary, medical or personal advice or diagnosis and you should contact your personal healthcare professional before making any changes to your health, diet or exercise regime.
If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after starting any diet or taking any of our products find you may have or be experiencing side effects, you should promptly contact your healthcare professional. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any particular condition.
Where we have suggested any exercise programs, fitness plans, lifestyle changes or other material in our Content you are responsible for consulting a suitable medical or other professional before using or engaging in any Content suggestions in our program and before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being. If you feel any discomfort or your health is affected by commencing any regime or while using any food or dietary supplements, please stop immediately and contact a suitably qualified professional.
You take full responsibility and risk for making any decision based on information on our website or in our Content. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in our Content and all such liabilities are expressly disclaimed.
COPYRIGHT AND USE
You may not share, copy or redistribute this material in any medium or format at any time. Our Content is provided for your individual use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from Doctor Vegan Fit Pty Ltd.