Terms and Conditions

WELCOME

Welcome to equalution! We are the experts in science-based, customised nutrition, here to help you achieve your body transformation goals, whilst enjoying the foods you love. You will achieve your goals, improve your relationship with food and be equipped with the tools to make lasting changes.

We set out on the Platform the various ways in which we can assist you (our Services), including the packages that we offer to you (Service Plans). All the details of what we include in our Service Plans are set out on our Platform, and we’re excited to help you start your transformation journey! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page, and in this journey together.

DISCLAIMER

Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you with your weight loss or management, and your body transformation journey. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner. 

TERMS AND CONDITIONS

This online platform (Platform) is operated by EQUALUTION PTY LTD ACN 613 448 418 (we, our or us).  It is available via our mobile application and may be available through other addresses or channels, including our website located at www.equalution.com.au.  

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform.

If you are under 16 years of age (a Minor), you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you are a parent or legal guardian permitting a Minor to access and/or use the Platform, you agree to: (1) supervise the Minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform; (3) ensure that the content on the Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Platform

We may make available on the Platform (1) Service Plans for a set period of time, with upfront payment (Fixed Service Plans); and (2) Service Plans that renew on a weekly basis, with weekly payments (Weekly Service Plans).

If you select a Weekly Service Plan, you agree to maintain the Weekly Service Plan for the minimum period of time set out on the Platform (Minimum Term). You can read more about our cancellation policy below.

You can browse and view the website as an unregistered user of the Platform.

When purchasing a Service Plan, or if you wish to access our mobile applications, you must register on the Platform and create an account (Account).

You must provide basic information when registering for an Account including name, email address, and location and you must choose a password. You will also be required to fill out a health assessment questionnaire to allow us to customise our Services for you.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

Using the Platform and our Services

You agree to provide all assistance, information and documentation necessary to enable us to provide the Services, such as responding to questionnaires we provide to you.

⦁ All information that you provide to us in connection with the Platform or the Services must be true, accurate and complete.

The meal plan, nutritional information and other Content that we provide to you as part of the Services are created specifically for you, and you agree not to share this Content with any third party. You can read more about our Intellectual Property rights below.

You acknowledge and agree that the Services may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.

You agree that if you are pregnant or have any medical issues that may impact on your interaction with our Platform and the Services, you must provide us with notice of such condition and provide all assistance necessary to allow us to tailor our Services for you.

Fees

⦁ You must pay us the fees set out on the Platform in relation to your chosen Service Plan (Service Plan Fee) in order to receive the Services outlined in your Service Plan, via credit card, PayPal, or any other method set out on the Platform.

⦁ Where you have selected a Fixed Service Plan, you must pay us the Service Plan Fee prior to receiving the Services provided as part of your Service Plan, via credit card, PayPal, or any other method set out on the Platform.  

⦁ Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party payment provider, as set out on the Platform.

⦁ Where you have selected a Weekly Service Plan, Service Plan Fee is payable in advance of the next billing cycle.

⦁ To the maximum extent permitted by law, the Service Plan Fee is non-refundable.

⦁ The Service Plan Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. 

⦁ If any payment is not made in accordance with these Terms, we may (at our absolute discretion) (1) immediately suspend your access to the Platform, until as soon as reasonably practicable after you rectify such non-payment; (2) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (3) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms. 

Refund, Hold and Cancellation Policy

The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.

We do not accept refunds of the Service Plan Fee for change of mind or other circumstances.

At your request with no less than 7 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. Where the Hold occurs during the Minimum Term, the Minimum Term will be extended by the duration of the period of the Hold.

You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 7 days’ written notice (which you may provide via email or through the Platform). Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the equalution team. A change of service can be exercised without restriction after the minimum 8 week commitment term.  

Where you have chosen a Weekly Service Plan and cancel your Weekly Service Plan before the end of the Minimum Term, you agree to pay to us the remaining Service Plan Fees in relation to the Minimum Term. You acknowledge that the payment of such Service Plan Fees is a genuine pre-estimate of the loss we have incurred as a result of your early cancellation.

If you have a high volume of dietary exclusions that are not supported by medical documentation we may downgrade your service to the intake goals only option where we feel an restricted by your preferences in constructing a meal plan that meets your calculated nutritional requirements.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to find a Buyer or Seller and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform; (7) as a Seller, offering any services that you do not intend to honour or cannot provide; (8) as a Buyer, making any offers to Sellers that you do not intend to offer; (9) using our Platform to send unsolicited email messages; or (10) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey and any medical details (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us (including any food, beverages or supplements that you obtain as part of your meal plan); (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, the Buyers or the Sellers; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Service Plan Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. No refunds will be made upon cancellation.

At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Service Plan Fees), any applicable laws, regulations or third-party rights.

We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Service Plan Fees paid in advance by you in connection with the unused portion of the Services.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Price variation: We may modify the Service Plan Fees from time to time upon notice to you. Where you have chosen a Weekly Service Plan, the updated Service Plan Fees will apply in the next weekly billing cycle after the change has occurred.

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms during the Minimum Term, you may terminate your Account without paying us any future Service Plan Fees.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

EQUALUTION PTY LTD ACN 613 448 418
Email: info@equalution.com
Last update: 22 August 2019



Terms and Conditions

WELCOME

Welcome to equalution! We are the experts in science-based, customised nutrition, here to help you achieve your body transformation goals, whilst enjoying the foods you love. You will achieve your goals, improve your relationship with food and be equipped with the tools to make lasting changes.

We set out on the Platform the various ways in which we can assist you (our Services), including the packages that we offer to you (Service Plans). All the details of what we include in our Service Plans are set out on our Platform, and we’re excited to help you start your transformation journey! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page, and in this journey together.

DISCLAIMER

Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you with your weight loss or management, and your body transformation journey. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner. 

TERMS AND CONDITIONS

This online platform (Platform) is operated by EQUALUTION PTY LTD ACN 613 448 418 (we, our or us).  It is available via our mobile application and may be available through other addresses or channels, including our website located at www.equalution.com.au.  

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform.

If you are under 16 years of age (a Minor), you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you are a parent or legal guardian permitting a Minor to access and/or use the Platform, you agree to: (1) supervise the Minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform; (3) ensure that the content on the Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Signing up to our Platform

We may make available on the Platform (1) Service Plans for a set period of time, with upfront payment (Fixed Service Plans); and (2) Service Plans that renew on a weekly basis, with weekly payments (Weekly Service Plans).

If you select a Weekly Service Plan, you agree to maintain the Weekly Service Plan for the minimum period of time set out on the Platform (Minimum Term). You can read more about our cancellation policy below.

You can browse and view the website as an unregistered user of the Platform.

When purchasing a Service Plan, or if you wish to access our mobile applications, you must register on the Platform and create an account (Account).

You must provide basic information when registering for an Account including name, email address, and location and you must choose a password. You will also be required to fill out a health assessment questionnaire to allow us to customise our Services for you.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

Using the Platform and our Services

You agree to provide all assistance, information and documentation necessary to enable us to provide the Services, such as responding to questionnaires we provide to you.

⦁ All information that you provide to us in connection with the Platform or the Services must be true, accurate and complete.

The meal plan, nutritional information and other Content that we provide to you as part of the Services are created specifically for you, and you agree not to share this Content with any third party. You can read more about our Intellectual Property rights below.

You acknowledge and agree that the Services may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.

You agree that if you are pregnant or have any medical issues that may impact on your interaction with our Platform and the Services, you must provide us with notice of such condition and provide all assistance necessary to allow us to tailor our Services for you.

Fees

⦁ You must pay us the fees set out on the Platform in relation to your chosen Service Plan (Service Plan Fee) in order to receive the Services outlined in your Service Plan, via credit card, PayPal, or any other method set out on the Platform.

⦁ Where you have selected a Fixed Service Plan, you must pay us the Service Plan Fee prior to receiving the Services provided as part of your Service Plan, via credit card, PayPal, or any other method set out on the Platform.  

⦁ Where you have selected a Weekly Service Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party payment provider, as set out on the Platform.

⦁ Where you have selected a Weekly Service Plan, Service Plan Fee is payable in advance of the next billing cycle.

⦁ To the maximum extent permitted by law, the Service Plan Fee is non-refundable.

⦁ The Service Plan Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. 

⦁ If any payment is not made in accordance with these Terms, we may (at our absolute discretion) (1) immediately suspend your access to the Platform, until as soon as reasonably practicable after you rectify such non-payment; (2) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (3) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms. 

Refund, Hold and Cancellation Policy

The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.

We do not accept refunds of the Service Plan Fee for change of mind or other circumstances.

At your request with no less than 7 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee. Where the Hold occurs during the Minimum Term, the Minimum Term will be extended by the duration of the period of the Hold.

You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 7 days’ written notice (which you may provide via email or through the Platform). Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you are still within your minimum 8 week commitment term a downgrade will not be guaranteed and instead discretionary on the equalution team. A change of service can be exercised without restriction after the minimum 8 week commitment term.  

Where you have chosen a Weekly Service Plan and cancel your Weekly Service Plan before the end of the Minimum Term, you agree to pay to us the remaining Service Plan Fees in relation to the Minimum Term. You acknowledge that the payment of such Service Plan Fees is a genuine pre-estimate of the loss we have incurred as a result of your early cancellation.

If you have a high volume of dietary exclusions that are not supported by medical documentation we may downgrade your service to the intake goals only option where we feel an restricted by your preferences in constructing a meal plan that meets your calculated nutritional requirements.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to find a Buyer or Seller and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform; (7) as a Seller, offering any services that you do not intend to honour or cannot provide; (8) as a Buyer, making any offers to Sellers that you do not intend to offer; (9) using our Platform to send unsolicited email messages; or (10) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey and any medical details (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us (including any food, beverages or supplements that you obtain as part of your meal plan); (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, the Buyers or the Sellers; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Service Plan Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. No refunds will be made upon cancellation.

At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Service Plan Fees), any applicable laws, regulations or third-party rights.

We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Service Plan Fees paid in advance by you in connection with the unused portion of the Services.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Price variation: We may modify the Service Plan Fees from time to time upon notice to you. Where you have chosen a Weekly Service Plan, the updated Service Plan Fees will apply in the next weekly billing cycle after the change has occurred.

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms during the Minimum Term, you may terminate your Account without paying us any future Service Plan Fees.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

EQUALUTION PTY LTD ACN 613 448 418
Email: info@equalution.com
Last update: 22 August 2019