- Your access to the Website, registration as a member, or submission of an order to purchase the Programs, shall constitute your unqualified acceptance of these Terms and the Agreement.
- When making an order to purchase the Programs and/or any Products, you must follow the instructions on the Website as to how to make your order and for making changes to your prospective order before you submit.
- Irrespective of any previous advertised price, once you select the Programs and/or any Products that you wish to order, you will then be shown or told the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in Australian Dollars.
- The Programs shall be paid for via accepted credit or debit cards, or by any other method specified by us from time to time, either:
i) In full at the time of ordering; or
ii) via 12 weekly instalments for LCHF Endurance 12 Week Program.
- The Programs and/or any Products shall not be supplied before we have received cleared funds.
- The Programs will commence immediately following clearance of the relevant funds in full or on clearance of the first instalment according to your selected method under these Terms.
- Once the Programs have commenced you cannot pause, postpone or restart the Programs for any reason but you may cancel within the first seven days via the instruction outline on the Website.
- If you choose to pay by way of instalments, it is your responsibility to ensure your payment details are up to date and that you have adequate funds in your account.
- i) If you have purchased LCHF Endurance 12 Week Program, the Program will automatically begin with “prep week”, and you will have access to the following week five days later.
- You warrant that all details you provide to us for the purpose of completing the order will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Programs and/or any Products.
- We reserve the right to obtain validation of your payment details before providing you with the Programs and/or any Products.
- We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees.
C) THE PROGRAMS
- If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact firstname.lastname@example.org immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
- All fees are non-refundable, except as otherwise expressly provided in these Terms.
- When you sign up for the Programs, the Programs content will be delivered to you online via the email address you supply without further charge, unless otherwise specified by us. If you supply an incorrect email address upon payment or registration and therefore do not receive the Programs emails, it is your responsibility to inform us so that we can update your details and ensure that you receive all emails from that point onwards.
- In the case of the Products, the final price quoted on the payments page on the Website is the price of the order including delivery to the stated destination.
- Delivery of the Products shall be made to the address stipulated by you in the order and you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
- Delivery of the Programs and/or any Products to a third party nominated by you is deemed to be delivery to you for the purposes of this Agreement.
- Any delivery date specified in the order is made in good faith as an estimate only and LCHF Endurance shall incur no liability whatsoever if such date is not met, nor will we be liable for any loss or damage whatever due to our failure to deliver the Programs and/or any Products (or any of them) promptly or at all.
- We will aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or failure to deliver provided that the failure of LCHF Endurance to deliver shall not entitle either party to treat this Agreement as repudiated.
- To the extent necessary, you grant us an ‘authority to leave’ when delivering any Products to you, and understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
- Unless otherwise specified, all risk in the Programs and/or any Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under this Agreement, risk shall pass at the date when delivery would have occurred but for your breach and from the time when risk passes to you, we will not be liable for loss or destruction of the Programs and/or any Products.
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver any Products to you) accept delivery or collect any Products from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make any Products available for delivery or collection and notify you that we are immediately cancelling the Agreement, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Agreement, less our reasonable administration charges (including for attempting to deliver and then returning any Products, and any storage fees as provided above.
- If you do not receive the Programs and/or any Products ordered within 30 days of the date on which you ordered them, LCHF Endurance shall bear no liability to you unless you notify us by either email or telephone within 30 days of the date on which you ordered the Programs and/or any Products.
E) PURCHASER'S DISCLAIMER
- It is your responsibility to ensure that the Programs and/or any Products are sufficient and suitable for your purposes and meet your individual requirements.
- We do not warrant that the Programs and/or any Products will meet your individual requirements.
- Notwithstanding the fact that you may be able to tailor some aspects of the Programs and/or any Products to your needs, you expressly acknowledge that the Programs and/or any Products are standard and not made bespoke to fit any particular requirements that you may have.
- You acknowledge that participation in the Programs assumes that the participant does not suffer from any health conditions.
- If you suffer from a health condition, you must consult a health care or medical professional before commencing the Programs and/or using any Products, and must conduct the remainder of the Programs and/or any further usage of the Products under the guidance of a qualified health care or medical professional. If you register for, purchase and or use or commence the Programs and/or the Products prior to consultation with a health care or medical professional you do so at your own risk and therefore take sole responsibility for the outcomes or effects of doing so.
- No information contained in the Website is to be used as medical advice and the Website and/or the Programs and/or any Products are not intended to be used to diagnose, treat, cure, or prevent any medical condition.
- LCHF Endurance gives no warranty that the Programs and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management expectations you may have.
- Before relying on any information or recommendations on the Website or the Programs and/or before using any Products, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.
- You acknowledge that you are solely responsible for following, or not following, the Programs and/or any advice or health or eating Programs and/or use any Products or regime that we provide via the Website or as part of the Programs and/or any Products, and that LCHF Endurance is not responsible for any injuries that you may suffer as a result of use of the Website or the Programs and/or any Products.
- Following this, you acknowledge that you voluntarily assume all risks associated with your participation in any recreational services and activities that we may provide.
- To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community..
- To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Programs and/or any Products or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on the Website or the Programs and/or any Products.
- You hereby disclaim any right to rescind, or cancel the Agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to you by LCHF Endurance or any servant or agent of LCHF Endurance and you acknowledge that you use the Website and/or purchase the Programs and/or any Products relying solely upon your own skill and judgement and (if applicable) that LCHF Endurance shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer of the Programs and/or any Products (where applicable) which warranty shall be personal to you and shall not be transferable to any subsequent purchaser.
F) DAMAGE OR DEFECTS
- You shall inspect the Programs and/or any Products on delivery and shall within seven days of delivery notify us of any alleged defect, shortage in quantity, damage or failure in performance and/or to comply with the description or order.
- You shall provide us an opportunity to review or inspect the Programs and/or any Products within a reasonable time following delivery if you believe the Programs and/or any Products is defective in any way.
- If you fail to comply with these provisions, the Programs and/or any Products shall be conclusively presumed to be in accordance with these Terms and free from any defect or damage.
- For defective Programs and/or any Products, LCHF Endurance’s liability is limited in our absolute discretion to either crediting the costs of the faulty Programs and/or any Products, replacing the Programs and/or any Products, or repairing the Programs and/or any Products, provided that:
- you have complied with the provisions of these Terms;
- the Programs and/or any Products are returned to us at your cost within seven days of the delivery date;
- the Programs and/or any Products are returned in the condition in which they were delivered.
- Your failure to diligently record the receipt of damaged goods, or inability to provide the relevant documentation may entitle us to refuse any refund, replacement or repairs in our absolute discretion.
- To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement for any cause will be the total sum of all fees paid or payable by you under this Agreement up until and including the date the cause of action accrued.
- Nothing in these Terms affects statutory rights you might have as a consumer under applicable local law that may not be excluded.
G) RIGHTS TO REFUND FOR THE PROGRAMS AND/OR PRODUCTS
- Refunds for purchases of the Programs and/or any Products are only given under extenuating circumstances.
- Notwithstanding your right to cancel this Agreement in accordance with these Terms you will not be entitled to a refund as a result of any such cancellation.
- If agreed by us in our absolute discretion, we may provide you with a refund for any portion of the Programs and/or any Products which you have paid for but are unable to use.
- When a refund is made you will no longer have access to LCHF Endurance the Programs and/or any Products.
H) INCLUSIONS IN THE PROGRAM AND/OR ANY PRODUCTS
- You acknowledge that the Programs and/or any Products may require use of kitchen appliances and other equipment, and accept that this shall not be provided by us and all or any kitchen appliances and other equipment is sold separately.
- If you do not agree to these Terms you should cease using the Website immediately.
- Upon registration, you will be provided with a username, password and account.
- Your account is personal to you, and you must not disclose your password to any other person, nor allow any other person to use your account and password.
- You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account (including any purchases made through your account) is deemed to be access or use by you, and that you shall be liable for the consequences of any such use.
C) USE OF THE WEBSITE
I) As a user of the Website, you are specifically prohibited from:
- downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content“) without the written license or agreement of LCHF Endurance;
- bypassing (or attempt to bypass) any security mechanisms imposed by the Website;
- using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content;
- altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology;
- posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
- exploiting the Website, the Programs and/or any Products or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including:
- the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests;
- sale of access to the Programs and/or any Products or Website or its related services on another website;
- any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for LCHF Endurance or Site Content;
- providing access or links to any material from the Website to individuals other than yourself;
- providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;
- deleting or altering or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website, the Programs and/or any Products or Site Content;
- harvesting or collecting email addresses, photographs or personal information of other users;
- impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;
- posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or
- posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so.
II) You hereby represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trade mark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, email, privacy, and the transmission of technical data exported from the country in which you reside.
D) INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated and except for any functionalities provided by external websites, all Site Content and all other material included on the Website and the Programs and/or any Products (such as, but not limited to content, materials, recipes, exercise and eating programs, text, graphics, logos, icons, images, audio and video clips, sound recordings, digital downloads, data compilations, software and advertisements) are either the property of LCHF Endurance or its content suppliers and are protected by international laws of copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property.
- All names, logos and trademarks on this Website are the property of their respective owners.
- Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
- We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website, the Programs and/or any Products and their content solely for your personal, non-commercial purposes and only for those purposes.
- Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written consent of LCHF Endurance.
E) TETERMINATION POLICY
- LCHF Endurance reserves the right, in its sole discretion to restrict, suspend, or terminate Users’ access to all or any part of the Website and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability. We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms.
- The Website may contain links to other websites.
- LCHF Endurance is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by LCHF Endurance.
- Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by LCHF Endurance.
- By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
II) Third Party Sites:
- When you access these third-party sites, you do so at your own risk.
- LCHF Endurance takes no responsibility for third party advertisements which are posted on this Website or through LCHF Endurance services, nor does it take any responsibility for the goods or services provided by its advertisers.
III) Technical Issues:
- LCHF Endurance is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Programs and/or any of LCHF Endurance services or combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Programs and/or any Products .
- We disclaim all liability for any of the Programs and/or any Products that cannot be delivered due to technological malfunctions beyond our reasonable control.
- The Website is controlled and offered by LCHF Endurance from its facilities in Australia.
- Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
G) LIMITATION ON LIABILITY & INDEMNITY
- In no event shall LCHF Endurance be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if LCHF Endurance has been advised of the possibility of such.
- In the event of any breach of this Agreement by LCHF Endurance the remedies to you shall be limited to damages.
- Under no circumstances shall the liability of LCHF Endurance exceed the price of the relevant Programs and/or any Products paid by you.
- You agree to indemnify and hold LCHF Endurance, its subsidiaries, and affiliates, and their respective officers, agents, advisers, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our services and/or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- LCHF Endurance shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.
- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- By accessing the Website and/or ordering the Programs and/or any Product, the parent/guardian of users under the age of 18 (“Minors“) agrees that they have read and consent to these Terms.
- Parents/guardians may be required by LCHF Endurance to enter into a further agreement as evidence of consent to the Minor entering this Agreement.
- Both the Minor and his or her parent/guardian acknowledge and confirm that the Minor understands the nature of his or her rights and obligations under this Agreement, that the Minor’s commitment to this Agreement is for his or her benefit, and that these Terms shall be binding as a result.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LCHF Endurance without restriction.
- This Agreement constitutes the entire agreement between you and LCHF Endurance regarding the use of the Website and our services and the Programs and/or any Products.
- The failure of LCHF Endurance to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- LCHF Endurance takes no responsibility for changes in the law which affect the Programs and/or any Products supplied.
- LCHF Endurance reserves the right to amend these Terms from time to time and your continued use of the Website, access to your account, or subsequent purchase of the Programs and/or any Products following the posting of any changes to these Terms constitutes acceptance of those changes.
- You agree that any cause of action must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.
- This Agreement and all transactions undertaken through the Website are governed by the laws of VIC and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of VIC.