Terms and Conditions 2017-01-10T14:02:57+00:00

1. Acceptance

1.1 Your access to and use of Kimberley George Health and Wellness 12 week program (Program) is subject to these Terms and Conditions.
1.2 You will not use the Program for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.3 You warrant that you are 18 years of age and have the capacity to accept these Terms and Conditions and the disclaimers contained herein. You warrant that you are able to enter into this Agreement and have legal capacity to do so.
1.4 If you do not accept these Terms and Conditions you must immediately stop using the Program.
1.5 In accepting these Terms and Conditions, we grant you a non-exclusive, worldwide, non-transferable licence to use the Program in accordance with the terms and conditions set out in this Agreement.

2. Registration and Use

2.1 You may elect to join as a registered user of the Program.
2.2 In order to register to use the Program, you may be asked to create a profile and to access your saved profile through a username and password. When registering you will correctly and accurately register all of your information and will not use someone else’s name or a made up name. You must not disclose your username or password to any other person and must retain those details securely. If you elect not to create a profile, you still agree to be bound by (and to comply with) these Terms and Conditions in their entirety.
2.3 You may not transfer or assign your rights to any other party without the consent of Kimberley George Health and Wellness. Kimberley George Health and Wellness may assign its rights to another party, without notice to you.
2.4 You warrant that any information which you are asked to input will be entered accurately, including in relation to your physical attributes, conditions, medical history, or other matters which may affect your ability to participate in or complete the Program. If Kimberley George Health and Wellness require you to input any information and where your circumstances change, you undertake to update the information which you have previously entered so that all such information remains current.
2.5 You will be granted a limited, non-exclusive, non-transferrable licence to access and use the Program for your own personal use. You may not assign or sub-licence those rights to anyone else.
2.6 You agree to indemnify Kimberley George Health and Wellness against any loss, claim or demand which is made by any person (including a dependant child) through your use of the Program, whether improper, negligent or otherwise.
2.7 You will not be entitled to a refund or credit in relation to the Program in the even that you simply do not like or do not wish to complete the Program. The circumstances in which Kimberley George Health and Wellness may grant a refund are set out below.

3. Advice

3.1 The information, text, material, graphics, software, source codes and advertisements (Content) which are provided to you in relation to the Program do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3.2 You acknowledge that it is your responsibility to consider your physical condition and ability to complete the Program. It is also your responsibility to consider your dietary requirements and the applicability of any suggested healthy eating plan or suggestions to you.

4. Change of Use

4.1 Kimberley George Health and Wellness reserves the right to:
(a) change or remove (temporarily or permanently) the Program or any part of it, without notice and you confirm that Kimberley George Health and Wellness shall not be liable to you for any such change or removal and;
(b) change these Terms and Conditions at any time, and your continued accessing of this site or use of the Program following any changes shall be deemed to be your acceptance of such change.
(c) Provide the Program by such means and on such platform as it may decide, which it may change or alter from time to time. These terms and conditions govern your use of the Program through such means or platform and using a computer program or code of its choice, which it may change or alter at its discretion from time to time.

5. Links to Third Party Websites

5.1 The Program may provide links and/or other pointers to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. You link to any such website entirely at your own risk.

6. Intellectual Property

6.1 All copyright, trade marks and all other intellectual property rights in the Program, this website and its contents (including without limitation the design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Kimberley George Health and Wellness or otherwise used by Kimberley George Health and Wellness as permitted by law.
6.2 In accessing the Program (and this website) you agree that you will access the Content solely for your own personal use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without Kimberley George Health and Wellness’s prior written consent, save for your records only. You are not permitted to use our copyright, trademarks or other intellectual property without our prior written consent.

7. Disclaimers and Limitation of Liability

7.1 The Program and/or website may be unavailable from time to time (including for maintenance purposes).
7.2 To the extent permitted by law, the Program is provided without any representations or endorsements made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.3 While all care is taken by Kimberley George Health and Wellness in the compilation of the Program (and the records and material therein), you accept that you use the Program at your own risk. In particular, the Program does not provide medical advice and are not to be taken as a substitute for obtaining medical advice prior to the commencement of the Program.
7.4 The content of the Program, particularly in relation to healthy eating, is provided for information purposes only and is not intended as medical or nutritional advice, or as a substitute for the medical advice of a doctor or GP or dietary advice from a qualified nutritionist.
7.5 To the extent permitted by law, Kimberley George Health and Wellness will not be liable for any loss sustained as a result of the use of the Program (or this website), including through any reaction, injury, illness or physical and non-physical injury or mental condition which you may suffer as a result of participating in the Program, any liability in tort or under contract or any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data or profits) arising out of or in connection with the use of or participation in the Program, including any loss under this paragraph 9.
7.6 Kimberley George Health and Wellness makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available and any third party websites which are referred to or linked are free of viruses or anything else which may be harmful or destructive.
7.7 Kimberley George Health and Wellness is not liable for any damage to your computer equipment or other property caused by any viruses that may be transmitted from the website, by any linked third party website.
7.8 It is your responsibility to install and maintain, at your own expense, any device, software, subscription (to a service or telecommunications provider) to enable you to access the website to participate in the Program. You shall also take your own security measures including but not limited to the use of anti-virus mechanisms, firewalls and the like.
7.9 To the extent permitted by law, Kimberley George Health and Wellness’s liability for a breach of these Terms and Conditions, including a breach of a condition or warranty implied by the Australian Consumer law, shall be limited to:
(a) In the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again,
whichever is the lesser, at Kimberley George Health and Wellness’s sole discretion.

8. Indemnity

8.1 You agree to indemnify and hold Kimberley George Health and Wellness and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Kimberley George Health and Wellness arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Program or this website.
8.2 By using this website to access the Program you agree to:
(a) Irrevocably waive and release any and all claims that you now have or may have against Kimberley George Health and Wellness, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which claims directly or indirectly arise out of, relate to or are incidental to use of the Program, this website or anything made available via this website;
(b) Indemnify Kimberley George Health and Wellness from and against claims, loss, damage, tax liability and/or expense that may be incurred Kimberley George Health and Wellness directly or indirectly arising out of or in connection with your use or reliance upon the Program or anything made available via this website, including legal costs, fees and expenses of defending any claims.
(c) Indemnify Kimberley George Health and Wellness from any claim or demand including any reasonable legal fees, made by any third party due to or arising out of violation of these terms by you, or infringement by you or other user of this using your user name and password, or any intellectual property or other right of any person or entity.
8.3 In the event that you are permitted to upload or contribute any material to the website, including by way of social media or blog, you warrant that such material will be up to date, accurate and in compliance with all relevant legislation. You further warrant that such material will not infringe the rights of any third party.
8.4 You assign the intellectual property rights (including all copyright) in any material posted to the website to Kimberley George Health and Wellness.
8.5 You undertake not to use the Program or website for any improper purpose and indemnify Kimberley George Health and Wellness against any claims or demands which may be made against it as a result of your improper use or breach of these terms.
8.6 You must not endeavour to copy, reverse engineer, publically display, create derivative works from or appropriate (whether in whole or in part) the Program, any health eating plan or the website on which that material is provided (which is and remains the property of Kimberley George Health and Wellness), or any data comprised therein or any component or part thereof

9. Termination

9.1 Kimberley George Health and Wellness may suspend, disable, or block access to, terminate or remove your account if it determines that you have breached any provision of these Terms and Conditions or it considers that your conduct may damage its reputation or goodwill.
9.2 Termination or suspension of your account (or any of the actions set out in clause 9.1) are without prejudice to any other legal rights which Kimberley George Health and Wellness may have at law or pursuant to those Terms and Conditions.
9.3 Even if these Terms and Conditions are terminated, such of the terms as are expressed to survive termination shall continue in full force and effect.

10. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11. Governing Law

This Agreement is deemed to have been made in Queensland, Australia and formed subject to the law of Queensland and Australia. Any claim relating to the Kimberley George Health and Wellness shall be governed by the laws of the State of Queensland, Australia and you submit to the exclusive jurisdiction of the Courts of Queensland and Australia.

12. Contacting Us

Kimberley George Health and Wellness welcomes your comments regarding these Terms and Conditions. If you have any questions about these Terms and Conditions and would like further information, please contact us by any of the following means during business hours Monday to Friday.

13. Waiver

You acknowledge the terms of the waiver which are attached to these Terms and Conditions and accept the terms of the waiver as though it were set out in full herein.
The failure of Kimberley George Health and Wellness to exercise or enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.

14. Privacy

Our Privacy Policy sets out in detail your rights in relation to any personal information which we collect from you and the manner in which such information shall be collected and retained by Kimberley George Health and Wellness.
Call: 0407 943 374
Post: PO Box 1682 Noosa Heads 4567

Attn: Kimberley

E-mail: info@kimberleygeorge.com.au