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.