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1. Terms of Service
Please read these terms of service (“Terms”) carefully before using the Activate Your Weight Loss website ("Site"). To use this site and access its content (“Content”) and the online and off line programs and consulting services, chat rooms, bulletin boards and other services available through the site (“Services”) you must agree to these Terms by following the registration process set out below.
Registration and use of this website indicates that you accept and agree to be bound by these Terms, which will then constitute an agreement between you and Activate Lifestyle Management Pty Ltd (ACN 096 292 367 trading as Activate Your Weight Loss (“Activate Your Weight Loss”). If you do not accept these Terms, do not use this website.
2. User Types
Activate Your Weight Loss reserves the right to reject any Application for people wishing to access the Site (registered as a "User"). A User registration cannot be assigned or transferred.
3. Registration Process
All persons who wish to become Users must register using Activate Your Weight Loss’s registration process. This requires you to provide certain information about yourself (“Registration Information”).
All Registration Information provided by you must belong to you and be true, accurate, complete and up to date and by registering you warrant to Activate Your Weight Loss that this is the case. You must notify Activate Your Weight Loss within 14 days of any Registration Information changing.
Confirmation from Activate Your Weight Loss that your Registration Process is complete does not constitute an acceptance of your registration. Activate Your Weight Loss may require additional verification information before accepting your registration and reserves the right at any time to decline, suspend, or terminate your registration for any reason.
You will be notified once you have been accepted to be registered as a User and upon your payment of all applicable fees, should any be payable, you will receive a registration of duration as detailed by your program contract, entitling you to such access to the Site, the Content and the Services as your User type and program contract allows.
4. User Name and Password
Upon registration you will obtain a username ("User Name") and a password. Your User Name will be used to identify you on the Site. You may log in to the Site, access or use the Content and the Services or modify your Registration Information, only by using your User Name and password. You may not have more than one account or User Name with Activate Your Weight Loss.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You must notify Activate Your Weight Loss immediately at info@activateyourweightloss.com.au of any unauthorised use of your account or any other breach of security which you are aware of or suspect.
5. Fees
Upon Activate Your Weight Loss notifying you that it agrees to register you as a User and where any fees are payable, you must within 72 hours pay the fees determined and displayed by Activate Your Weight Loss from time to time on the Site applicable to the nature of your registration, use of the Site and/or to the nature of the Services or the Content made available to you (“Fees”).
Where a third party is responsible for paying the Fees of a User or group of Users, the User has no financial obligation to Activate Your Weight Loss except where a Fee is specifically quoted in relation to a service.
The Fees are subject to change at any time and for any reason.
As User, you are responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers, products and services
All Fees are quoted and payable in the currency quoted on the Activate Your Weight Loss website.
Activate Your Weight Loss may provide links to other sites on the World Wide Web. Some of the Internet sites you visit through these links assess separate charges for the content, goods or services they provide. Costs, taxes or other charges you incur when visiting these websites are your sole responsibility.
You are responsible for all Fees incurred on your account arising from access to the Site through your User Name and password and irrespective of who makes such access.
You may contact payments@activateyourlife.com.au concerning the billing of registration dues, fees or charges or other questions regarding the status of your registration account. If your inquiry is not resolved to your satisfaction within fifteen (15) business days of sending email and in no event later than ninety (90) days after you should have discovered a questionable billing or other discrepancy in your registration account, you should write to "Accounts Department”, Activate Your Weight Loss, PO Box 1229, Manly , NSW 1655, Australia.
Activate Your Weight Loss accepts major credit cards including Visa and Master Card as forms of payment. There is no surcharge for using your credit card to pay registration dues, fees, and charges. You can also request that Activate Your Weight Loss accept bank drafts including personal cheques, money orders, cashiers cheques, and company cheques made payable to Activate Lifestyle Management Pty Ltd. However, for these non-credit card payment methods, Activate Your Weight Loss may not credit your account until additional registration application procedures are completed and after our bank certifies receipt of funds - typically ten (10) business days. Activate Your Weight Loss may charge a reasonable handling fee, up to any maximum allowable by law, for each cheque returned unpaid for insufficient funds or any other reason.
Activate Your Weight Loss expects you to ensure that your registration account balance is paid on time. To register, you must submit an accompanying payment and/or payment authorisation. If your credit card expires or otherwise declines payment your registration will be suspended. Thereafter, you have thirty (30) calendar days from the date your registration became due to submit payment before your registration will terminate. You are responsible for your registration dues, and fees and charges, including collection and legal fees, Activate Your Weight Loss may incur in collecting a balance owed by you. You must also pay to Activate Your Weight Loss interest at the rate set under the Penalty Interest Rates Act (NSW) from time to time, plus 2%, on all amounts due and not paid to Activate Your Weight Loss in accordance with these Terms, for the period until such amounts are paid to Activate Your Weight Loss. Such interest will be due and payable on a continuing basis until paid.
Your registration may be cancelled or terminated at any time in accordance with these Terms. However, no portion of your outstanding or pending payments for registration dues, fees, or charges is refundable by Activate Your Weight Loss. You will remain liable for any outstanding registration dues, fees, charges, or other monetary obligations incurred hereunder before cancellation or termination of your registration.
6. Extraneous Material
Activate Your Weight Loss may from time to time establish or change a privacy policy, a fee schedule and any other material it considers appropriate to form part of these Terms and links to the Site (“Extraneous Materials”). The Extraneous Materials as current and displayed at or linked to the Site from time to time will form part of these Terms.
In the event of any inconsistency or conflict between the Extraneous Materials and the Terms appearing in this document, the Terms appearing in this document will prevail.
7. Offensive Material
The Site, the Content and the Services may contain or direct you to health related material which may sexually explicit or which you might find offensive (Such as Health and Fitness Testing Photos). If you do not want to view or may be offended by such material, do not use the Site.
8. Use of Members Forum and Bulletin Boards
If you use a forum or bulletin board on the Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the forum or bulletin boards. Activate Your Weight Loss is not responsible for the consequences of any communications in the forum or bulletin boards. In cases where you feel threatened or believe someone else is in danger, you should immediately notify Activate Your Weight Loss and your local law enforcement agency.
The following actions are prohibited and will constitute a material breach of these Terms:
a. Using a forum or bulletin board for any purpose in violation of local, state, national, or international laws
b. Posting material that infringes on the intellectual property rights of others or on the privacy rights of others
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
d. Posting advertisements or solicitations of business
e. After receiving a warning from Activate Your Weight Loss, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed
f. Posting chain letters or pyramid schemes
g. Impersonating another person
h. Distributing viruses or other harmful computer code
i. Harvesting or otherwise collecting information about others, including email addresses, without their consent
j. Allowing any other person or entity to use your identification for posting or viewing comments
k. Posting the same note more than once or "spamming" or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Activate Your Weight Loss, exposes Activate Your Weight Loss or any of its customers or suppliers to any liability or detriment of any type.
Subject to its PrivacyPolicy, Activate Your Weight Loss may, but is not obliged to, do any or all of the following:
m. Provide forums or bulletin boards and record the dialogue in forums or bulletin boards.
n. Investigate any allegations about compliance of communications with these Terms.
o. Remove or require the removal of communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
p. Terminate a user's access to any or all forum or bulletin boards and/or the Site upon any breach of these Terms.
q. Monitor, edit, delete or disclose any communication in the forum or bulletin boards.
r. Take any action it deems necessary to protect the personal safety of Users.
9. Ownership and use of Content and Intellectual Property
Subject to compliance with these Terms, Activate Your Weight Loss grants all users for the term of their registration the non-exclusive right to view, download, print or otherwise reproduce in unaltered form a single copy of any material on the Site (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use or use within your organization provided that you must include the following copyright notice: "Copyright ©2004, Activate Lifestyle Management Pty Ltd. All rights reserved" and retain any other copyright and proprietary rights notices appearing in or applying to the relevant material. Activate Your Weight Loss may also grant additional rights to users allowing for commercial or other use of specified site materials or content.
Certain software and other material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions. These rules and conditions form part of these Terms.
The content, layout, design, concept, and organization of the Site, the Content and the Services may all be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights belonging or licensed to Activate Lifestyle Management Pty Ltd (“IP Rights”).
You acknowledge and agree that:
a. as between you and Activate Your Weight Loss, Activate Your Weight Loss owns all right, title and interest in the IP Rights and that you will not do any thing to or which might hinder, impede, invalidate or challenge Activate Your Weight Loss’s ownership of or entitlement to use of or the registration of any part of the Intellectual Property or which might diminish the value of the Intellectual Property;
b. any use of the Services, Site, Content, and/or the IP Rights, other than as expressly permitted by these Terms or by law, is not licensed and is strictly prohibited; and
c. you will obtain the express written permission from Activate Your Weight Loss before you copy, upload, transmit, reproduce, distribute or in any way exploit any
Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Site.
10. Content
The content and features of the Site, the Content and the Programs, Products and Services and any part of any of them may at any time and without notice be changed or terminated by Activate Your Weight Loss in its absolute discretion. Any modification is effective immediately upon either a posting on the Activate Your Weight Loss Terms of Service page, or by a message from Activate Your Weight Loss sent by electronic mail, or by conventional mail. If any such modification to these Terms is unacceptable to you, you may immediately terminate your registration. However, if following notice of any such modification you do not terminate your registration, or continue to use the Content, Products, Program, Services or the Site, your continued use will mean that you have accepted that modification and remain registered as a User.
Registration with Activate Your Weight Loss enables Users to provide addresses, phone numbers, descriptions, pictures, comments and other content ("User Content") to the Site. When you post User Content on the Site, you understand and agree that it can be viewed and used by other visitors to the Site.
You represent and warrant that you own or otherwise control or are licensed or otherwise entitled to use all of the rights to your User Content and that display of your User Content on the Site or any use made of it as contemplated by these Terms whether by Activate Your Weight Loss, other Users or third parties, will not infringe the rights of any third party and that your User Content is true, accurate, complete and up to date.
By registering as a User of Activate Your Weight Loss and posting your User Content on the Site, you hereby:
a. grant Activate Your Weight Loss a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free licence to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from your User Content in any form, media or technology, whether now-known or hereafter developed;
b. consent to Activate Your Weight Loss undertaking any or all acts or omissions in respect of the any copyright works within your User Content which it may reasonably require consistent with its provision and maintenance of the Site, the Content and the Services in connection with all Users; and
c. indemnify Activate Your Weight Loss against any liability, costs, claims, loss or expense incurred as a result of or arising from this and from any acts or omissions by Activate Your Weight Loss in respect of your User Content.
11. Disclaimer
The use of the Site, the Content and the Services is at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of Activate Your Weight Loss and its suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. Activate Your Weight Loss is not responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, which is beyond its control.
The Content and the Services (which may include text, graphics, images, forms, programs, bulletin boards, information obtained from third parties and other material) are intended for informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider within your country with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Activate Your Weight Loss does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any Content or Services, including information provided by Activate Your Weight Loss, its employees, agents or contractors or by others, is solely at your own risk.
Activate Your Weight Loss does not endorse or verify the accuracy of the content on any third-party websites. Activate Your Weight Loss has no control over and is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not endorse or make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Activate Your Weight Loss does not endorse any product advertised on the Site.
Activate Your Weight Loss accepts no responsibility for any medical events, injuries, illness or other outcomes related to or resulting from the provision or use of the Services.
The Services are intended to provide a secure and private exchange between a Professional and a Client in order that the Professional may provide advice, guidance, and direction regarding exercise, nutrition, motivation and other lifestyle related issues and conditions.
The Services are not intended to and should not be used to
a. treat or determine the manner of treatment of a medical condition;
b. provide or accept a diagnosis or a treatment plan of a medical condition; or
c. issue or determine the suitability of any medication
The information exchanged in the Services is confidential and intended solely for the User for whom the specific Services are provided. Any information or advice provided as part of the Services is intended to be general and a mere guide and not specifically for any particular patient or condition. Clients should not act on any information or advice provided as part of the Services without confirming that such action is applicable and suitable by consulting in person with a suitably qualified medical practitioner. Users must recognise the limitations of consultations without physical examination or investigation.
Neither Activate Your Weight Loss nor any of its affiliates, agents, contractors, employees or Professionals assume any legal responsibility for any incorrect or misleading information contained within the Services.
Activate Your Weight Loss does not control, warrant, or guarantee to the Professionals that they will receive any particular number of consultations with Clients, or to the Clients that any particular Professional will honour the consultations they are offered. Activate Your Weight Loss does not control, warrant, or guarantee to any person that any User is who he or she claims to be or is not acting under false pretences.
Please practice safe usage. If you have any concerns about an individual, take measures to safeguard yourself. Users should contact the regulatory agency in their state or local association to verify licence or registration status where applicable. Information supplied by Users could be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. Activate Your Weight Loss requires that you will use caution -- and common sense -- when using the Site.
Activate Your Weight Loss assumes and accepts no liability or responsibility to Users or any other person or entity in connection with any representations, acts or omissions by any person within or arising from any forums or bulletin boards available from the Site.
Activate Your Weight Loss makes the Content, the Services and the Site available to Users on the basis that they will act appropriately, professionally (where applicable) and responsibly. If as a User you do not, you must bear full responsibility for your actions.
Activate Your Weight Loss is based in Sydney, Australia. Activate Your Weight Loss makes no claims that the Site, the Content or the Services are appropriate, legal or may be downloaded outside Australia. Access to Site, the Content or the Services may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
12. Liability
To the fullest extent permitted by law, all conditions and warranties concerning the Site, the Content and the Services (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded. The liability of Activate Your Weight Loss for breach of any warranty or express or implied condition of these Terms, to the extent permitted by law, will be limited, at the option of Activate Your Weight Loss, to the supplying of the relevant services again or the payment of the cost of having those services supplied again. Specifically, Activate Your Weight Loss makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the Site, the Content or the Services or any software, text, graphics, links, or communications provided on or through the use of the Site or Activate Your Weight Loss.
To the fullest extent permitted by law in no event shall Activate Your Weight Loss, its officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site, the Content or the Services, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not Activate Your Weight Loss is or ought to have been aware of, or advised of the possibility of such loss, costs or damages.
To the fullest extent permitted by law:
a. Activate Your Weight Loss is not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
b. any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred;
c. remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms; and
d. Activate Your Weight Loss shall not be liable to you or to any third party for termination by Activate Your Weight Loss in accordance with these Terms of your registration as a User or of the Site, the Content or the Services or any part thereof.
13. Indemnity
As a User you agree to defend, indemnify and hold harmless Activate Your Weight Loss, its officers, directors, employees and agents from and against all claims, demands, actions, suits, loss, damages, liabilities and costs (including solicitors’ costs on a solicitor and own client basis) related to or arising directly or indirectly from any and all:
a. conduct of you and of Activate Your Weight Loss, its officers, directors, employees and agents as contemplated by these Terms including performance by you and Activate Your Weight Loss, its officers, directors, employees and agents of their respective obligations under these Terms;
b. breaches by you of these Terms;
c. access to or use of or inability to access or use, the Content, the Services or the Site;
d. conduct and activities occurring under your User Name and password;
e. inaccurate, misleading or deceptive, defamatory, libellous, unlawful or illegal material contained within your User Content or your information and data;
f. claims or demands, whether or not proven, made by any third party, due to or arising from any breach by you of these Terms or any use of the Site, the Content or the Services by you or any person using your User Name and password, or on the basis that your User Content or your information and data infringes or may infringe any third party's patent, copyright or other intellectual property, or any moral, privacy or publicity rights; and
g. access to, reliance upon or use of your User Content or your information and data by Activate Your Weight Loss or any third party.
14. Term and Termination
Your registration will be renewed per 100 days, subject to these Terms.
Activate Your Weight Loss and you may each terminate your registration by giving notice of termination no less than 14 and no more than 28 days prior to the expiry of any given 100 day registration period.
These Terms, as amended from time to time, shall be effective for as long as you use the Services and/or remain registered as a User.
Activate Your Weight Loss may at any time terminate your registration as a User immediately by written notice if in its opinion you
(i) breach these Terms
(ii) commit any dishonest or fraudulent act;
(iii) behave in a manner which in the reasonable opinion of Activate Your Weight Loss might tend to adversely affect the reputation or public image of Activate Your Weight Loss;
(iv) become bankrupt;
(v) infringe any intellectual property right or privacy, moral or publicity right of Activate Your Weight Loss or any third party.
Termination of your registration does not relieve you of your obligation to pay any Fees accrued or payable to Activate Your Weight Loss prior to the effective date of termination.
Upon termination of your registration:
a. your User Name and password will be cancelled and you will no longer be able or entitled to Access the Site, the Content or the Services;
b. the perpetual license you have granted to Activate Your Weight Loss to use your User Content shall continue;
c. your licence to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content; and
d. any provisions of these Terms, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. These shall include without limitation paragraphs 9, 10, 11, 12 and 13 and any other provision in these Terms where such survival is expressly stated.
15. General
These Terms contain the entire terms and conditions that apply to your registration as a User and your use of the Site, the Content and the Services.
Your rights and obligations under these Terms may not be transferred or assigned directly or indirectly without the prior written consent of Activate Your Weight Loss.
If the whole or any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
A waiver by Activate Your Weight Loss of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
Activate Your Weight Loss will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.
These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia and each of you and Activate Your Weight Loss submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
Except as explicitly stated otherwise, all notices permitted or required under these Terms shall be by email, to Activate Your Weight Loss at info@activateyourweightloss.com.au and to you at the email address you provide Activate Your Weight Loss during the registration process, or to such other address as either of us shall notify to the other in writing. Notices shall be deemed to have been received 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
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