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Terms and Conditions

Your Acceptance

These terms and conditions (collectively, "Terms and Conditions") govern your use of the website (www.eattobeatdiabetes.com.au) ("Website") and any service ("Service") offered by JEL International Health Solutions Pty Ltd ACN 602 430 562 trading as Eat to Beat Diabetes ("ETBD", "we", "us" or "our"), the licensee and operator of the Website. By using the Website, setting up an account and/or acquiring the Service, you are agreeing to these Terms and Conditions. If you do not agree, please do not use the Website, sign up for an account or acquire the Service.

These Terms and Conditions constitute an agreement ("Agreement") between ETBD and you, a user of the Website and/or the Service.

Users of the Website and the Service must be at least 18 years of age and residing in Australia. You represent and warrant to us that you are at least 18 years of age and a resident of Australia.

In addition, the Service (including our program) is not suitable for a person who is injecting insulin or who is pregnant. If you are, or intend to be, a user of the Service, you represent and warrant to us that you are not injecting insulin and not pregnant.

Privacy

Use of the Website and the Service is subject to ETBD's Privacy Policy, which forms part of these Terms and Conditions.

Statements Have Not Been Evaluated; Speak With Your Doctor

All content created by ETBD is for informational and educational purposes only. Any statements listed on the Website or Service have not been evaluated by any other national or international agencies. None of the content or products offered on the Website are meant to diagnose any medical or health conditions and we do not represent, warrant or guarantee that the content or product offered on the Website or the Service will treat, alleviate or relieve your medical or health condition. The products and content found on the Website, as well as the Service, are not intended as a substitute for the advice provided by your doctor or other healthcare professional. You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before starting our program.

If the Service you acquire is our 12 Week Program, we will provide you with a letter for your doctor  or healthcare provider containing information about the program and our contact details if he or she would like more information. We strongly advise you to show this letter  to your doctor or healthcare provider, and obtain his or her approval before you start the program.

If you have or suspect that you have a medical problem at any time, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Website or as part of the Service (including within our program). You should be in good health and be physically fit when using the Service (including our program). Failure to be in good health may result in adverse health consequences. Please seek medical advice in regards to your health conditions and physical fitness. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

Nutritional Information

Nutritional information provided on the Website and our program is based on extensive research of relevant studies, along with our own experiences using a lower-carbohydrate, whole-foods approach.

Feedback

We do not represent, warrant or guarantee that any feedback on the Website will be or will reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the individuals providing feedback.

User Accounts

ETBD may assign you an account, with a password and account information, in order to enable you to access and use certain portions of the Website or Service.

You must not reveal your password and account information to anyone else. You are solely responsible for maintaining the confidentiality and security of such information and for all activities that occur on or through your account whether or not the access to and/or use of your account is actually authorised by you, including without limitation all communications and transmissions and all obligations (including financial obligations) incurred through such access or use. You agree to immediately notify ETBD of any security breach or threatened breach of your account or the Website's security. To the fullest extent permitted by law, ETBD will not be responsible for any claims, damages or losses arising out of any unauthorised use of your account. 

You must provide accurate and complete information when you establish the account (collectively "Account Data"), and you must update your Account Data to keep it accurate and complete at all times. You agree that ETBD may collect, store, use, transfer and disclose to third parties your Account Data in accordance with the ETBD Privacy Policy .

Payment

Payment for the purchase of any Service must be made using PayPal. Please be aware that payment information provided to us may be shared with our third party payment processors.

The prices for the Services will be as set out on the Website, but such prices may change from time to time. By purchasing or offering to purchase a Service, you agree that we may charge you the price listed at the checkout screen on our Website and you will pay the relevant amount within the time specified. If you have any issues with payment, please contact us at admin@eattobeatdiabetes.com.au.

Unless otherwise stated, all prices are in Australian dollars and, if GST applies, inclusive of GST. Note, however, that all prices do not include any tax (other than GST, if applicable), levy, charge or duty imposed by any governmental entity or authority on or in connection with any supply of goods or services by ETBD (excluding taxes on its income). You must reimburse ETBD on demand for any and all such amounts paid or payable by ETBD.

Contact Information

If you have any questions or concerns about your purchase or if you have any questions about our products, please contact us at admin@eattobeatdiabetes.com.au.

Service - 12 Week Program

If you wish to trial our 12 Week Program, please sign up for it. After ETBD receives confirmation that you have signed-up, you will be granted access to the "Members Area" of the Website for that program. Access to the "Members Area" will enable you to activate/start the program by clicking on the "START PROGRAM NOW" tab.

Once activated, you will have access to the “Members Area” of the Website and will receive program emails for 7 days commencing from the time of activation. After that period, your access to the “Members Area” of the Website and delivery of program content will cease. If you wish to continue with the program after that period, you will be required to purchase it and effect payment of the relevant amount. There is no obligation on your part to continue with the program after the initial 7 days, however your access to the “Members Area” of the Website will be reinstated and your program will recommence only after we have received payment for it. If payment for the program is not received within 30 days after the expiry of the initial 7 days, you will be taken to have withdrawn from that program and stopped using our Service in relation to it.

If you withdraw from the 12 Week Program and/or stop using our Service in relation to it after we have received payment for it, we will not refund any payment unless otherwise required by law. Your access to the “Members Area” will also be revoked in the event of such withdrawal or cessation.

Additional information about the 12 Week Program can be found within the Website. Unless your access to the "Members Area" of the Website ceases before the final program date, you will continue to have access to it for one month following the final program date (or such other extended period at ETBD's discretion). We will use reasonable efforts to notify you at least one week before the expiry of your account so that you may save any relevant information, if you choose to do so.
 

Modification of Website and/or Service

We reserve the right to alter, update or remove any part the Website or Service at any time. We may conduct such modifications at our discretion including for security, health or safety reasons or for intellectual property or other legal reasons, and we are not required to explain such modifications unless otherwise required by law. Nothing in this section obligates us to take measures to update the Website or the Service for any purposes unless otherwise required by law.

Your Obligations

You agree to the following:
(a) your use of the Website and/or Service is for personal non-commercial use;
(b) you will not impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(c) you will use the Website and/or Service in accordance with these Terms and Conditions and all applicable laws;
(d) you will not use the Website or the Service for any unlawful purposes;
(e) you will not attempt to interfere with or circumvent our security, system or network, including accessing information not intended for you;
(f) you will not violate any requirements, procedures, policies or regulations of networks connected to the Website;
(g) you will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our system or network;
(h) you will not cause, or aid in, the removal, destruction, manipulation, disabling, or impairment of any portion of the Website;
(i) you will not collect or store information on other users of the Website and/or Service, or stalk, harass, bully or harm any one of them; and
(j) you will not restrict or prevent any other person from using or enjoying the Website or Service.

Uploading or Posting Materials

You must not upload, post or otherwise make available on the Website (including any associated social media platforms) or via the Service, or transmit or submit to us, any material (including information provided in response to any questionnaire that we may send to you from time to time) that:
(a) is not your original work or that infringes, or may infringe, the intellectual property rights or other rights of any third party;
(b) includes an image or personal information of any person unless you have that person's consent;
(c) is the confidential information of any third party unless you have that third party's consent;
(d) is, or could reasonably be expected to be, unlawful, abusive, threatening, defamatory, offensive or indecent;
(e) you know or suspect, or should reasonably know or suspect, to be inaccurate, false, misleading or deceptive;
(f) contains any corrupted data, virus or other similar things that may damage any computer or software; or
(g) contains large amounts of un-targeted, unwanted or repetitive content.

You are responsible for any material you upload, post or otherwise make available on the Website (including any associated social media platforms) or via the Service, or transmit or submit to us. You agree that we may block or suspend your use of the Website, and remove or modify any material uploaded, posted or otherwise make available on the Website or via the Service, without prior notice.

You grant us and our licensors an irrevocable, royalty free, non-exclusive, transferable and perpetual licence to use, copy, modify, adapt, publish and distribute in any form and for any purpose any material uploaded, posted, made available, transmitted or submitted by you. Further, you unconditionally waive all moral rights (as that term is defined in the Copyright Act 1968 (Commonwealth)) in connection with such material. For the purposes of this clause (Uploading or Posting Materials), ETBD contracts on its own behalf and also as trustee for each of its licensors and, accordingly, may take action in that capacity to recover on behalf of each of them.

We are not responsible for and, to the fullest extent permitted by law, accept no liability with respect to any material uploaded, posted or otherwise made available on the Website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

Licence and Intellectual Property

As a user of the Website, we grant you a personal, non-exclusive, limited licence to use the Website or relevant parts of it (at our discretion) in accordance with these Terms and Conditions. When you use our Service, we grant you a personal, non-exclusive, limited licence to use the relevent Service and access the Website in accordance with these Terms and Conditions.

The licence referred to in the previous paragraph may be terminated if you violate any provisions in these Terms and Conditions (including failing to pay any amount, as required). Additionally, the licence may be terminated if you are engaged in any activities that may damage the rights of ETBD or if your activities are in contravention of any applicable laws. If you wish to terminate the licence, please simply stop using the Website and/or our Service. You may notify us via email at admin@eattobeatdiabetes.com.au  that you wish to stop using our Service. 

You agree that the Website and Service, including but not limited to the graphics, user interface, audio clips, video clips, editorial content, recipes, formulas, scripts and software used to implement the Website and/or Service, contain proprietary information and material that is owned by ETBD and/or its licensors, and is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website and/or the Service in compliance with these Terms and Conditions. You agree that you have no right, title or interest in relation to the Website and/or the Service (other than the limited licence mentioned above), and you will not share with any third party or reproduce any portion of the Website and/or the Service (including any recipe, formula or other content disclosed to you in connection with our program) in any form or by any means except with our prior written approval.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website and/or the Service in any manner, and you shall not exploit the Website and/or the Service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms and Conditions, ETBD and its licensors reserve the right to change, suspend, remove, or disable access to any part of the Website or the content or other materials comprising a part of the Service, at any time without notice to you. To the fullest extent permitted by law, ETBD will not be liable to you for any of these actions. ETBD may also impose limits on the use of or access to certain features or portions of the Website or Service, in any case and without notice or liability to you.

All copyright, trade mark, patent, design and other intellectual property rights in and to the Website, the Service (including the compilation of content, recipes, formulas, postings, links to other internet resources, and descriptions of those resources) and related software are owned by ETBD and/or its licensors, who reserve all their rights in law and equity. The use of the software or any part of the Website and/or the Service, except for use as permitted in these Terms and Conditions, is strictly prohibited and may infringe on the intellectual property rights of ETBD or others, and may subject you to civil and criminal actions, including possible claims for damages and equitable remedies such as injunction and specific performance.

ETBD, the ETBD logo and other ETBD trade marks, service marks, graphics and logos used in connection with the Website and the Service are trade marks of or otherwise owned by ETBD or its licensors. Other trade marks, service marks, graphics, and logos used in connection with the Website and Service may be the trade marks or other intellectual properties of their respective owners. You are not granted any right or licence with respect to any of the aforesaid trademarks and intellectual properties, including any use and/or reproduction of such trademarks or intellectual properties.

Linking

You may link to the Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Website's contents, including any intellectual property notices. At our request, however, you must immediately remove any link to the Website.

Third Party Content

The Website may contain links to or display the content of third parties ("Third Party Content"), including links to websites operated by other organisations and individuals ("Third Party Websites"). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any representation, warranty or claim regarding the Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. To the fullest extent permitted by law, ETBD will not have any liability or responsibility for Third Party Content, Third Party Websites or for any other materials, products or services of third parties. Further, you agree that you will not use any Third Party Content in a manner that would infringe or violate the rights of any third party and that your will indemnify and keep indemnified ETBD against any loss or damage suffered by ETBD as a result of any infringement or violation of third party rights by you.

Website and Service Availability

We do not guarantee, represent or warranty that the Website will always be available, work, or be accessible at any particular time. Only users who are eligible to use the Website or Service may do so. We reserve the right to terminate or suspend access to the Website or to terminate, suspend or remove a Service at any time. To the fullest extent permitted by law and except as stated below, ETBD will not be liable to you for any of these actions.

If we terminate a Service after we have received payment from you for that Service and the termination was not a consequence of your failure to comply with these Terms and Conditions or any other act or omission on your part, we will, at our discretion:
(a) refund the money that we have received from you or a part thereof as determined by us acting reasonably; or
(b) re-supply the Service or a modification of it. 

Disclaimers and Liability Limitations

Your use of the Website is at your own risk. The information, materials and services provided on or through the Website are provided "as is" without any warranties or guarantees of any kind except as required by law. To the fullest extent permitted by law, neither ETBD nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the Website. Although we in good faith believe that the information provided will have beneficial effects on your health, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason, we ask that you consult with your doctor before using any of our products or programs and that you are physically fit and in good health.

By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by the Website or by any Third Party Content or Third Party Website. To the fullest extent permitted by law, all warranties, guarantees, conditions and claims (whether express or implied) arising out of or in any way connected with the Website are hereby excluded. By accessing the Website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees on a full indemnity basis) whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.

We hereby disclaim all warranties or guarantees of any kind with respect to the products and services listed or purchased on or through the Website (including but not limited to our 12 Week Program), except for warranties and guarantee that cannot be excluded under the Australian Consumer Law (which is set out in schedule 2 of the Competition and Consumer Act 2010 (Commonwealth)) ("Australian Consumer Law") and any other applicable law. Further, except for liabilities that cannot be excluded, restricted or modified under the Australian Consumer Law and any other applicable law (including in respect of personal injury or death), we hereby expressly disclaim all liabilities arising from or in connection with any of our products or services (including our 12 Week Program), to the fullest extent permitted by law, including but not limited to your use of such product or service.

In any case, and to the fullest extent permitted by law, ETBD, its officers, employees, affiliates, agents, contractors and licensors will not be liable to you for any indirect, incidental, punitive, special or consequential damages (including but not limited to loss of income or revenue, loss of actual or anticipated profits, loss of business, loss of opportunity, loss of goodwill, loss of reputation and loss of data) arising from your use of the Website or any of the products and services listed or purchased on or through the Website (including but not limited to our 12 Week Program) or for any other claim related in any way to your use of the such product or service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

You agree that any submission of information by you is at your sole risk and, to the fullest extent permitted by law, ETBD disclaims any and all liability to you for any loss or liability relating to such information in any way.

If, for whatever reason, we are found to be liable to you in any way (including for breach of contract, negligence or any other cause of action), then our total liability to you will, to the fullest extent permitted by law, be limited to the greater of AUD$100 or the total amount we received from you for purchases of our products or services through the Website within the last six months.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (which is set out in schedule 2 of the Competition and Consumer Act 2010 (Commonwealth)) or any other applicable law (including in respect of personal injury or death) that cannot be excluded, restricted or modified by agreement.

Indemnity

By using the Website and/or Service, you agree to and will indemnify and hold harmless ETBD, its officers, employees, affiliates, agents, contractors and licensors with respect to any claims, liabilities, damages, losses or expenses (including legal fees on a full indemnity basis) suffered or incurred by each of them arising out of:
(a) your breach of any of these Terms and Conditions;
(b) your use of the Website and/or the Service;
(c) your breach of any third party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that any of your content caused loss or damage to a third party.

To the fullest extent permitted by law, you waive all rights against ETBD, its officers, employees, affiliates, agents, contractors and licensors in connection with your use of the Website and/or Service.

For the purposes of this clause (Indemnity), ETBD contracts on its own behalf and also as trustee for each of its officers, employees, affiliates, agents, contractors and licensors and, accordingly, may take action in that capacity to recover on behalf of each of them.

The provision of this clause (Indemnity) will survive this Agreement and your use of the Service.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia, unless any applicable law requires or deems offer and acceptance to occur in any other jurisdiction.

You expressly agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for any claim or dispute with ETBD or relating in any way to your use of the Website and/or Service.  Further, you waive any right to claim that those courts are an inconvenient forum.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, strike or other labour difficulties, embargoes, postal disruption, communication disruption, failure or damage to equipment or other property, shortage of materials, or the effect of any law or order, direction or requirement of any government agency.

Breach

If you fail, or ETBD suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, ETBD, at its sole discretion, without notice to you may:
(a) terminate your account or access to the Website and/or Service; and/or
(b) suspend or preclude your access to your account, the Website and/or Service,
but you will remain liable for all amounts due to us.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, payment provisions warranty disclaimers, indemnity and limitations of liability.

Breach by other Users

If you believe that a user of the Website has breached any of these Terms and Conditions, please contact us at admin@eattobeatdiabetes.com.au .

Changes

We may modify these Terms and Conditions (including imposing new or additional terms or conditions) at any time and from time to time. When we do so, we will update this page and indicate the date that it was last modified or we may email you. If you have not purchased any of our products or services, you may refuse to agree to the changes, but if you do, you must immediately cease using the Website

If you have purchased any of our products or services, you may refuse to agree to the changes by notifying us at admin@eattobeatdiabetes.com.au  within 30 days from the date you first became aware of the changes, failing which you will be taken to have agreed to the relevant changes.

Electronic Communications

The communications between you and ETBD use electronic means, whether you visit the Website or Service or send ETBD emails, or whether ETBD posts notices on the Website or Service or communications with you via email. For contractual purposes, you:
(a) consent to receive communications from ETBD in an electronic form; and
(b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that ETBD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

Nothing in this clause (Electronic Communications) affects your statutory rights.

Severability

If any part of these Terms and Conditions is prohibited or unenforceable in any jurisdiction, that portion shall be ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of these Terms and Conditions nor affect the validity or enforceability of that part in any other jurisdiction.

If two or more provisions of these Terms and Conditions conflict or are deemed to conflict with each other's operation, ETBD shall have the sole right to elect which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our failure to enforce any particular provision or provisions in these Terms and Conditions or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time or in the future.

Miscellaneous

(a) This Agreement constitutes the entire agreement between you and ETBD with respect to its subject matter. It supersedes and extinguishes any previous agreement or understanding between you and ETBD about the subject matter of this Agreement and any representation or warranty previously given.
(b) You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. You agree that we may assign our rights and/or obligations under this Agreement to any other party at our discretion and, if requested by us, you will execute all documents reasonably necessary to give effect to such assignment.
(c) You agree that we may subcontract any of our obligations under this Agreement to any person.
(d) The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
(e) If this Agreement is terminated for any reason, all provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation the provisions relating to ownership, intellectual property, payment, disclaimers, indemnity and limitations of liability.
(f) ETBD reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.

JEL International Health Solutions Pty Ltd ACN 602 430 562 trading as Eat to Beat Diabetes

Last updated on 15th Decenber 2016

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