Terms of Use

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.

This online platform (Platform) is operated by EQUALUTION PTY LTD ACN 613 448 418 or its successors and assignees (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.

How you consent to these terms of use

If you access and/or use our Platform, you are taken to have agreed to these terms of use and our Privacy Policy (available on our Platform) (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Platform immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current terms. Materials and information on
this Platform (Content) are subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Your licence to use our Platform

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.

Conduct we don’t accept

When you use our Platform, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Platform, which we would consider
inappropriate or which might bring us or our Platform into disrepute. This includes:
(a) 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;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging
or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming
routines that may damage or interfere with our Platform;
(e) using our Platform to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Platform

You are prohibited from using our Platform, including our Content, in any way that competes with our business.

Our Platform is for your personal use only

We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not consider your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of our Content. Your use of our Platform and your use of and access to any Content does not grant ortransfer to you any rights, title or interest in relation to our Platform or our Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party;
or
(c) breach any intellectual property rights connected with our Platform or our Content, including (without limitation)altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website
or platform, or creating derivative works from our Content.

Third party sites

Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Platform

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 and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Platform or our Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Platform will be secure.
You read, use and act on our Platform and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, 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) suffered by you or any third party, arising from or in connection with your use of our Platform and/or our Content and/or any inaccessibility of, interruption to or outage of our Platform and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred 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.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. 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, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), 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.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in
part), that provision (or that part of 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.

Which laws govern these terms of use

Your use of our Platform and these Terms are governed by the laws of New South Wales. 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.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from
outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

EQUALUTION PTY LTD ACN 613 448 418
Email: info@equalution.com
Last update: 2 April 2019



Terms of Use

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.

This online platform (Platform) is operated by EQUALUTION PTY LTD ACN 613 448 418 or its successors and assignees (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.

How you consent to these terms of use

If you access and/or use our Platform, you are taken to have agreed to these terms of use and our Privacy Policy (available on our Platform) (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Platform immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current terms. Materials and information on
this Platform (Content) are subject to change without notice. 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.

Your licence to use our Platform

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.

Conduct we don’t accept

When you use our Platform, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Platform, which we would consider
inappropriate or which might bring us or our Platform into disrepute. This includes:
(a) 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;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging
or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming
routines that may damage or interfere with our Platform;
(e) using our Platform to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Platform

You are prohibited from using our Platform, including our Content, in any way that competes with our business.

Our Platform is for your personal use only

We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not consider your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of our Content. Your use of our Platform and your use of and access to any Content does not grant ortransfer to you any rights, title or interest in relation to our Platform or our Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party;
or
(c) breach any intellectual property rights connected with our Platform or our Content, including (without limitation)altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website
or platform, or creating derivative works from our Content.

Third party sites

Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Platform

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 and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Platform or our Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Platform will be secure.
You read, use and act on our Platform and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, 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) suffered by you or any third party, arising from or in connection with your use of our Platform and/or our Content and/or any inaccessibility of, interruption to or outage of our Platform and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred 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.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. 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, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), 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.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in
part), that provision (or that part of 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.

Which laws govern these terms of use

Your use of our Platform and these Terms are governed by the laws of New South Wales. 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.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from
outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

EQUALUTION PTY LTD ACN 613 448 418
Email: info@equalution.com
Last update: 2 April 2019