THE WELLNESS PROGRAM
TERMS AND CONDITIONS OF USE & END USER LICENSE AGREEMENT
- Definitions In these terms and conditions:
Agreement means these terms and conditions.
Carrier means any person or business used by the wellness program to deliver goods and/or services from the wellness program to You, whether all or part of the distance of the delivery.
Goods means any goods offered for sale by the wellness programs.
Services means any services offered for sale by the wellness program.
Website means this website or tany Wellness Program mobile applications, or any other website or app through which the wellness program offers for sale the Goods and/or Services.
Written Material means any informational material published by the wellness program in any medium, including video, from time to time with a view to providing information to any customer or prospective customer of the wellness program.
- Our contract with You
2.1 the wellness program shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.2.2 Before an order is placed the wellness program will display on the screen a quote confirming the details of Your order including the price of the Goods and/or Services.2.3 the wellness program will notify You by email or phone if any Good is unavailable and offer an alternative item or a full refund.
2.4 Subject to clause 2.5, receipt of full payment of Your order by the wellness program is evidence of a binding and enforceable agreement between You and the wellness program, and this Agreement can only be modified by written agreement between You and the wellness program.
2.5 If applicable, any Goods ordered by You from the wellness program are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. the wellness program will retain title of the Goods until it has received payment in full for the Goods.
2.6 All clerical errors are subject to correction and will not bind the wellness program.
2.7 Upon registration as a member, or purchase through the Website, you will be provided with a password and account. You must not disclose this information to any third party or allow any third party 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 by means of the password associated with that account is deemed to be access or use by You. This includes any purchases made through your account.
- Price and Payment
3.1 The price of any and all Goods and services contained in any Written Material of the wellness program is subject to change from time to time at the sole discretion of the wellness program. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).3.2 Full payment of an order must be made and received by the wellness program before the Goods will be provided and/or delivered to You.3.3 the wellness program agrees to pay banking charges by the receiving bank on payments to the wellness program. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.
3.4 You shall pay all sums due to the wellness program under this Agreement by the means specified without any set-off, deduction or counterclaim.
3.5 You represent and warrant that if You are purchasing something from the wellness program that:
(i) Any credit card information You supply is true, correct and complete
(ii) You have express authority from the card holder to use this credit card
(iii) Charges incurred by You will be honoured by Your credit card company
(iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.
3.6 When purchasing from the wellness program, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact the wellness program using the contact page on our Website.
4.1 By completing your purchase of a subscription with the wellness program you confirm that you have read and agree to be bound by the terms and conditions of your the wellness program subscription. the wellness program offer varying subscription types. The following conditions may apply to all the wellness program subscription types. Please check your individual subscription terms during registration.4.2 Upon registering for the Wellness Program, You will be charged an initial fee which may vary. The duration of this subscription is 4 weeks (minimum). This subscription will automatically continue unless cancelled by You.
4.3 You are responsible for processing cancellation of any active subscriptions or memberships through Your individual the wellness program Account. Any requests sent to the wellness program via email (or otherwise) to process cancellation on Your behalf may not be processed before the subscription renews (if applicable) and the wellness program is not liable to refund any fees paid under these circumstances. After cancelling, you will continue to have access to the wellness program until the end of your current subscription period. Once your current subscription period ends, no further payments will be taken and your subscription account will become inactive. You may reactivate your subscription at any time by purchasing a new subscription.
- Information You give the wellness program
You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to the wellness program to enable the wellness program to provide You with the Goods and/or Services ordered.
5.1 the wellness program agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.
- Information the wellness program gives You
All information provided by the wellness program on the Website is provided in good faith. the wellness program derive information from sources believed to be accurate and up to date as at the date of publication. the wellness program may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, the wellness program does not make any representations or warranties that any information provided is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
- Quality of the Website
7.1 We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis.7.2 We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.7.3 Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed.7.4 The delivery of video messages is dependent upon third party providers and therefore outside of our control.
7.5 Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
- Third Party Content
8.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.8.2 Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at email@example.com. We may investigate the claim and take appropriate action, in our sole discretion.
9.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order.9.2 We will deliver to most addresses within Australia. We require a street address for delivery – unfortunately we cannot deliver to a P.O. Box.
All deliveries are made 8:30am to 5.00pm Monday to Friday by a the wellness program chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch:
2-5 working days for delivery to a capital city in any State;
5-10 working days for delivery to most large regional towns; and
7-14 working days for delivery to other remote locations.Please note that these delivery times are estimates only, and actual delivery times may vary.
9.3 If the wellness program is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, the wellness program shall notify You to arrange another date for delivery.
9.4 If the Goods ordered are not available to be delivered all at once, the wellness program may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in instalments.
9.5 Deliveries do not require a signature on receipt. Where possible Delivery should be to an address where someone is available to receive the Goods during business hours. In the event no one is available to receive delivery, the goods will be left on premises in the safest location available at the address you have stipulated on your order. the wellness program shall assume no responsibility for any lost or missing deliveries in this situation.
- Cancellation of order and Return of Goods and/or Services
10.1 Once the wellness program has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, You have no right and are unable to cancel, refund and/or modify Your order. the wellness program does not offer refunds simply in the event You change Your mind or make a wrong decision.10.2 Notwithstanding clause 10.1, the wellness program agrees to replace any Goods purchased from the wellness program that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact the wellness program promptly after becoming aware of this. Should this occur, the wellness program may request proof of this alleged fault and/or defect as a condition of any refund.10.3 Should You wish to make a claim relating to your product for goods damaged in transit, or incorrect goods received, this must be done within 24 hours of receiving your Goods by telephone, email or facsimile. After confirming claims when receiving the returned Goods at our warehouse, we shall then promptly (a) re-supply the item(s) or (b) credit or refund the relevant invoice appropriately. It is always Your responsibility to review the Goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit if the Goods are unopened & in their original condition.
- Your Physical condition
11.1 As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.11.2 No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.11.3 You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
12.1 the wellness program may at any time and without any advance notice to You or any other person make improvements or changes to its Written Material or to any of the Goods.
12.2 You may have statutory rights under the Australian Consumer Law that do not permit the wellness program to limit its liability to You in relation to any Goods it may supply to You. However, to the fullest extent permitted by law, in circumstances where the wellness program is able to limit its liability, the maximum liability of the wellness program for breach of those statutory rights is limited at the wellness program’s option to:
(i) Replacement of the Goods or the supply of equivalent Goods;
(ii) The repair of the Goods; or
(iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;12.3 In all other circumstances, and to the fullest extent permitted by law, the wellness program’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by You in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.12.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will the wellness program be liable to You for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which You suffer or incur as a result of, or in connection with, any conduct or omission by the wellness program, or Your use of the Website, the purchase of any Goods and their use.
- Intellectual Property
13.1 All names, logos and trademarks used by the wellness program on the Website are the property of the wellness programs and/or the trademarks’ 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.13.2 To the extent permitted by law, no part of this Website may be reproduced, reused, adapted, published, retransmitted, broadcast or distributed without prior written permission from the wellness program.
You indemnify and hold the wellness program harmless in respect of any and all loss or damage suffered by the wellness program, and any claims or demands that may arise against the wellness program relating to or in connection with Your wrongful or negligent use of any Goods purchased from the wellness program using the Website.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.
- No Waiver
The failure by the wellness program to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of the wellness program in respect of any existing or subsequent breach of this Agreement.
- Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between You and the wellness program, then You agree to attempt to settle the dispute by engaging in good faith with the wellness program in a process of mediation before commencing any arbitration or litigation
- Force majeure
the wellness program is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by the wellness program to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of the wellness program and no such failure shall entitle You to terminate this Agreement
- Entire agreement
This Agreement constitutes the entire agreement between You and the wellness program for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase
Any variation to this Agreement shall be effective only if accepted in writing by the wellness program.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
End-User License Agreement for
The Wellness Program
End-User License Agreement ("Agreement"). Last updated: 4th September 2019.
Please read this End-User License Agreement ("Agreement") carefully. By purchasing The Wellness Program, you are agreeing to be bound by the terms and conditions of this Agreement.
Nude Nutrients Pty Ltd T/A The Wellness Program (“Provider”) hereby grants you (“User”) a personal, non-transferable, non-exclusive licence to use the Wellness Program & its associated Application (“Software”) on your devices in accordance with the terms of this agreement.
You are permitted to load the software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the software.
You are not permitted to:
•Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
•Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
•Allow any third party to use the Software on behalf of or for the benefit of any third party
•Use the Software in any way which breaches any applicable local, national or international law
•use the Software for any purpose that The Wellness Program considers is a breach of this agreement
Intellectual Property and Ownership
The Wellness Program shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of The Wellness Program.
The Wellness Program reserves the right to grant licences to use the Software to third parties.
During the term of this Agreement, each party may have access to certain confidential and proprietary information of the other party, (“Confidential Information”).
a)Confidential Information shall include, but is not limited to:
(i) the Software, Documentation, Client Data; (ii) customer lists, prospect lists, existing agreements with vendors and business partners of either party, pricing proposals; (iii) marketing, sales, financial and other business information, data and plans; (iv) research and development information; (v) formulas, methods, know-how, processes, designs, new products, performance tests, proprietary computer software, bug fixes, reported problems with the Service; (vi) information concerning the service providers of either party; and (vii) any other information identified in writing as confidential or information that the receiving party knew or reasonably should have known was confidential.
b)Confidential Information shall be used solely for each party’s performance under this Agreement and the exercise of its rights hereunder and shall not be disclosed to any third party. The Wellness Program may, subject to the terms of this Agreement, disclose Client’s Confidential Information to any entity controlling, controlled by or under common control with the provider or a third party consultant or contractor assisting the provider with the Software or any of the provider’s other obligations under this Agreement. Each party shall take reasonable precautions, at least as great as the precautions it takes to protect its own confidential information, to maintain the Confidential Information in strict confidence.
c)Confidential Information shall not include any information that the receiving party can establish: (i) is or subsequently becomes publicly available through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to disclosure of such information; (iii) is subsequently disclosed to receiving party by a third party who is not in breach of an obligation of confidentiality; or (iv) is independently developed by the receiving party without the use or benefit of the Confidential Information.
The user agrees to indemnify and hold The Wellness Program harmless against all claims, demands, suits, liabilities, losses, damages or injuries (collectively “Liabilities”) that arise out of the user’s use of the software, except to the extent such Liabilities result from the negligence or wrong doing of The Wellness Program. The user agrees to indemnify and hold Client harmless against all claims, demands, suits, liabilities, losses, damages or injuries that arise out of Provider’s performance of this Agreement, except to the extent such Liabilities result from the negligence or wrong doing of Client.
This agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to The Wellness Program.
It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this agreement.
This agreement and any dispute arising out of or in connection with this agreement, shall be governed by and construed in accordance with the laws of Queensland, Australia.
Amendments to this Agreement
The Wellness Program reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact The Wellness Program via email at firstname.lastname@example.org