These Terms and Conditions are effective as of 16 August 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
- Equalution Community Group Guidelines Addendum: the provisions in Schedule 1 form part of these Terms and Conditions and create a legally binding agreement between you and Equalution where you sign up to, or participate in, the Exclusive Community Group via Facebook.
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, building healthy habits and improving your relationship with food.
- These Terms and Conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the Terms and Conditions) apply to your use of (and subscription to) the Equalution website, Equalution mobile application (Equalution App), blog, and or other products or services, all of which are part of Equalution’s platform (together, the Platform).
- These Terms and Conditions are entered into by and between you as a user (referred to as User, “you” or “your”) and EQUALUTION PTY LTD (ACN 613 448 418) and its affiliates (referred to as Equalution, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with Equalution in connection with the Platform.
By accessing or using the Platform, you confirm that you are of legal age in your country and not under 16 years old, or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
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.
2.2. User Account Creation
To use the Platform, you will need to create an account (User Account). You must provide basic information when registering for a User Account including name, email address, and you must choose a password. You will also be required to fill out a questionnaire to allow us to customise our Program 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 User Account details and your password confidential and you will be liable for all activity on your User 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 User Account.
Equalution may, at its sole discretion:
2.2.1. stipulate additional conditions and requirements for the opening or maintaining of a User Account; and/or
2.2.2. refuse to create a User Account for you.
2.3. Account Security
You will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorised use of your account due to your failure to secure your access credentials.
You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your Account. You must immediately notify the Equalution Accounts team in writing at [email protected] of any unauthorised use of your User Account or any other breaches of security.
2.4. Account Suspension and termination
We will have the right to suspend access or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in these Terms and Conditions), subject to Applicable Laws.
You acknowledge and agree that these Terms and Conditions continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.
- Subscription Service
3.1.1. You can choose to subscribe to the Platform based on specific billing periods, options include weekly, every 2 months, 3 months or 6 months for the Premium Plan and every 1 month, 3 months or 6 months for the Standard Plan, or for such other periods that we may offer from time to time, and the applicable fees are set forth on our website (https://equalution.com/pages/programs) or on the sign up page via My Account – Equalution), or on the applicable app store from which the Equalution App can be downloaded.
3.1.2. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
3.1.3. We reserve the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
3.2. Minimum subscription period
3.2.1. If you have signed up to our weekly subscription, it is mandatory that you commit to a minimum of 8 weeks (Minimum Period). Except as provided under our 7-day money-back guarantee, during the Minimum Period you will not be eligible for a subscription termination / cancellation due to change of mind. For the avoidance of doubt, this clause 3.2.1 will not apply for users who have signed up for 2 month, 3 month or 6 month subscriptions.
3.2.2. We may (in our absolute discretion) agree to pause your subscription in circumstances which arise that are outside your control (for example if you fall pregnant, become unwell or experience financial hardship). If you are on our weekly membership, the 8 week minimum term must be met. Then, the balance of the unused term will then be credited to a subsequent term should you re-join the Platform at a later date.
3.2.3. On reactivation of a subscription, following a period of 4 weeks of inactive membership, it is mandatory you again commit to a minimum of 8 weeks. During this period you will not be eligible for a subscription termination / cancellation due to change of mind.
3.2.4. For the avoidance of doubt, if you cancel your subscription within the Minimum Period, the full fee for a total of 8 weeks will be payable by you.
3.3. Free trials
Equalution does not offer free trials to users. In the future we may provide a free trial subscription for a fixed period of time, however, this will be determined by Equalution at its sole discretion.
3.4. Payment details
Fees for your subscription are paid by Direct Debit using a valid debit or credit card.
3.5 Setting up a valid payment method
When you purchase a subscription and set up your User Account, you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by updating your valid card details through your User Account (https://myaccount.equalution.com).
3.6 Foreign Currency & International Fees
Your subscription is payable in Australian Dollars (AUD), the price of your subscription may differ depending on your country of residence, this will vary due to exchange rates at time of payment collection.
Certain banks and credit card issuers may charge a foreign transaction fee on transactions. You are responsible for paying any such fees.
3.7 Direct Debit
By accepting these terms, you:
3.7.1. request and authorise us to debit funds from your provided card;
3.7.2. confirm that you are authorised to operate the nominated card;
3.7.3. acknowledge and agree that the debit or charge will be processed by Equalution’s financial institution and Payment processing provider; and
3.7.4. acknowledge that the amount to be debited consists of fees (as set out in the relevant terms and conditions and on the Equalution website, which may change from time to time with prior notice to you increase periodically).
If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
We may vary any details related to your direct debit at any time by giving you at least seven (7) days written notice.
3.8. Automatic renewal of subscription
3.8.1. If you have signed up to our 1 month, 2 month, 3 month or 6 month subscription, your subscription will automatically renew unless your cancellation is confirmed before your next billing date. You acknowledge that should you fail to cancel your subscription prior to the end of the current billing period, you risk the next direct debit being taken which we will not be obligated to refund.
3.8.2. If you have signed up to our weekly subscription plan, you acknowledge that once the Minimum Term has been met, your account will continue to be debited each week until cancellation is confirmed.
3.9. Subscription payment holds
3.9.1. Your subscription can be placed on hold for up to twelve (12) weeks. A request must be made via the ‘Go On Hold’ function within the “Settings” screen in your app.
3.9.2. We can put your subscription on hold for a minimum of one (1) week, and a maximum of twelve (12) weeks in any twelve (12) month period where we provide the program to you.
3.9.3. During the hold, we will not provide the program to you and you will not be required to pay us the subscription fee.
3.9.4. During a hold period you will not have access to the Equalution App, including the self tracking features, your user history, meal plans, past support chats and your results submitted whilst being an active subscriber i.e. measurements and progress photos.
3.10. Cancellation and refund of subscription fees
3.10.1. You may submit a cancellation notice at any time via the “Settings” screen in your app. If you are paying via a weekly subscription, any applicable minimum terms (for example, the 8 week minimum term) must be met before this cancellation is actioned. You will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
3.10.2. Once your subscription has been cancelled and your final billing date has passed, you will no longer have access to the Equalution App (including tracking features, your user history, meal plans, past support chats and your results submitted whilst being an active subscriber i.e. measurements and progress photos.
3.10.3. To the maximum extent permitted by law and the 7-day money-back guarantee set out in clause 3.10.7, the subscription fee is non-refundable.
3.10.4. The subscription 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.
3.10.5. Subject to clause 3.10.7, refunds of the subscription fee are otherwise non-refundable for change of mind circumstances.
3.10.6. You acknowledge that all relevant information in respect of our service (including the 1x meal plan provided per week on our base plan) are clearly and transparently expressed on our Platform and/or website. Refunds will not be provided where you have misunderstood information that is expressly provided on the Platform and/or our website.
3.10.7 Money back guarantee
126.96.36.199 Equalution is committed to providing customer satisfaction. If you are not satisfied with our services within the first 7 days of your subscription purchase, for any reason, we will provide you with a refund.
188.8.131.52 To be eligible for a refund under our 7-day money back guarantee, you must send an email to [email protected] within 7 days of the date of purchase and request to cancel your User Account. Please ensure your request includes your name and account number. Upon receipt of your request, we will cancel your User Account, and process your refund within 5-10 business days. For the avoidance of any doubt, in order to exercise the money back guarantee, you must follow the steps outlined in these Terms and Conditions and that a cancellation notice via the App will not be a valid request.
184.108.40.206 Please note that this guarantee only applies to your first purchase or subscription of our services. For any subsequent purchase, or in circumstances where you reactivate your account or subscription, you will not be eligible for a refund under this guarantee. We reserve the right to request further information from you to verify your details in the event a money back guarantee request is made.
3.11. Payment queries
You should check your bank account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by emailing us at [email protected]. Alternatively you can contact your financial institution for assistance.
If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
You should check:
3.11.1. with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;
3.11.2. your account details which you have provided to us are correct by checking them against a recent account statement; and
3.11.3. with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
3.12. Failure to Pay
If any payment is not made in accordance with these Terms, we may (at our absolute discretion) 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.
- Use of the platform
4.1. 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.
4.2. 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.
4.3. Prohibited Conduct – By using the Platform, you confirm that you will not use the Platform for any of the following:
4.3.1. Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Equalution or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).
4.3.2. Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
4.3.3. Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
4.3.4. Fraud – any act that: (i) attempts to defraud us or any other person; or (ii) provides false, inaccurate or misleading information to us.
4.4. Contributed Content
4.4.1. You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed as part of check-in, or shared by you in respect to forum discussions or support chats, and any comments, feedback or ideas that you send to us) (Contributed Content) and expressly agree not to submit or upload any Contributed Content which:
220.127.116.11. contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
18.104.22.168. you know not to be true and honest, or which spreads false or misleading statements;
22.214.171.124. you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
126.96.36.199. impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
188.8.131.52. contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
184.108.40.206. contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
220.127.116.11. constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
18.104.22.168. may expose us or other Users to any harm or liability of any kind; or
22.214.171.124. is contrary to any Applicable Laws.
4.4.2. We have the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in our sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms and Conditions; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform.
4.4.3. If you believe that any Contributed Content violates these Terms and Conditions or any Applicable Laws, including any copyright laws, you should report it to our team at [email protected].
- Availability of Services, Security
5.1. Platform Availability
We shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
5.3. Technical liability.
You acknowledge and agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
You are responsible for scanning any information for viruses.
You must immediately notify us at [email protected] in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
5.5. App Updates
Users may also be required to download and install updates to the Equalution App so as to maintain access to the Platform and its services. A User’s failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such an update has been downloaded and installed.
- Intellectual Property, Use Licence
6.1. Our ownership of the Platform
All of the patents, trademarks, logos, trading names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, Intellectual Property Rights) in the Platform and the material published on and through it (except the Contributed Content) are owned by us, our licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
6.2. User’s licence to use Platform.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms and Conditions. All other uses are prohibited without our prior written consent.
6.3. Contributed Content.
6.3.1. By posting or otherwise providing Contributed Content, you grant us a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
6.3.2. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide us with such Contributed Content.
6.4. Intellectual Property Rights
6.4.1. You acknowledge that the copyright in the Platform, the software, design, text and graphics comprised in the Platform, the selection and layout of the Platform and the content and materials on the Platform (together, the Material) are owned by or licensed to us.
6.4.2. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent.
6.4.3. You must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
6.4.4. You may store a reproduction of the content of the Platform on your local computer or device for the sole purpose of viewing the content and Materials and you may print hard copies of the content and Materials for the sole purpose of viewing and using the Platform but not for any other use, including commercial use.
- Third party services and content
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.
Your dealings or correspondence with such third parties are solely between you and the third party. We’re not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
- Changes And Updates To Platform, Terms and Conditions
8.1. 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.
8.2. Changes to Terms and Conditions
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.
- Complaints, Governing Law and Dispute Resolution
9.1. Complaints & Concerns
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.
9.2. Governing Law
Your use of our Platform and these Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and the Commonwealth of Australia 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.
- Warranty and Liability
10.1. We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
10.2. Where we are permitted by law (and subject to clause 10.1):
10.2.1. we do not warrant or represent the suitability of the Platform for any purpose; and
10.2.2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform.
10.3. To the extent permitted by the Australian Consumer Law any other law, our liability in connection with this agreement and the Platform is limited to the Subscription fee.
10.4. To the extent permitted by the Australian Consumer Law any other law, you release and indemnify us in respect of all claims and losses in connection with this agreement or the Platform, unless caused by our gross negligence.
10.5. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Notice Regarding Apple
11.1. 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 and Conditions 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.
11.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
11.3. 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.
11.4. 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.
11.5. 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.
11.6. You agree to comply with any applicable third-party terms when using our mobile application.
11.7. 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.
11.8. 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.
- Standard Plan
12.1. Automatic renewal
If you have signed up to the Standard Plan, your subscription will automatically renew unless your cancellation is confirmed before your next billing date. You acknowledge that should you fail to cancel your subscription prior to the end of the current billing period, you risk the next direct debit being taken which we will not be obligated to refund.
12.2. International Clients not eligible
Clients who live outside of Australia are not eligible to sign up or participate in the Standard Plan.
12.3. Medical Clients not eligible
If you have or develop an ailment which requires medical intervention, we advise that you do not sign up to the Standard Plan and recommend that you sign up to our “Premium Plan” on the basis that additional support can be provided by our dieticians (but remaining subject to clause 13.2).
12.4. No minimum commitment
Any Minimum Subscription Periods set out in clause 3.2 (or anywhere else in these Terms and Conditions) must be served in full prior to you commencing the Standard Plan.
13.1. Data Privacy
13.2. Medical Disclaimer
13.2.1. Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses.
13.2.2. Our Content, and any other information provided through the Platform is intended to assist you with your weight loss, weight management or weight gain, and your body transformation journey.
13.2.3. You acknowledge and agree that nothing in the Platform or in the Subscription 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.
13.2.4. You acknowledge and agree that the Platform may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.
13.3.1. In addition clause 12.2, we give no warranties that our program and the Platform is suitable for tailored advice in respect of breastfeeding.
13.3.2. You expressly release us from any liability in respect of your specific needs where you are breastfeeding.
13.3.3. If you are breastfeeding, you agree to notify your nutrition coach via your in-app support chat detailing how often you are feeding / expressing each day.
13.4. Terminating these Terms
13.4.1. We may terminate any subscription and/or this agreement at our sole discretion at any time. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your account if we suspect that you have committed a fraudulent act and/or you have, or you intend to, breach these terms and conditions.
13.4.2. Any cancellation by us in circumstances where you are not in default of your obligations under these terms and conditions will take effect at the conclusion of the then current term billing period (as applicable).
13.4.3. Any cancellation by us in circumstances where you are either in material default of your obligations under these terms and conditions, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by us, will be of immediate effect.
13.4.4. In the event a subscription, and/or any agreement arising under or in connection with these terms and conditions is cancelled, we may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform, including but not limited to deactivating your account and blocking your access.
13.5.1. You may not assign, transfer or delegate your rights and obligations under these Terms and Conditions without our prior written consent.
13.5.2. We may without restriction assign, transfer or delegate our rights and obligations under these Terms and Conditions with 30 days prior notice.
13.6.1. We may modify these Terms and Conditions from time to time by notifying you by email or the Platform. By continuing to use the Platform after such modification, you agree to the amended terms.
13.6.2. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
13.6.3. In the event that we modify these Terms and Conditions during the minimum subscription period, you may terminate your Account without paying us any future subscription fees.
- Take off and Transform Challenge
14.1 The Promoter is: Equalution Pty. Ltd (ACN 613 448 418) will be hereafter jointly referred to as the ‘Promoter.’
14.2 Employees of the Promoter, their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
14.3 To enter the competition an entrant must be an active member and opted in to the Take off and Transform Challenge.
14.4 Closing date for entry will be 11.59pm (AEDT) Friday 4th of August 2023. After this date no further entries to the competition will be permitted.
14.5 No responsibility can be accepted for entries not received for whatever reason.
14.6 The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter.
14.7 The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
14.8 No cash alternative to the prizes will be offered. The prizes are not transferable. Prize will be deliver in the form of a travel voucher to the value of $5,000. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
14.9 Our internal panel of judges will select winner based on the selection criteria outlined on the Challenge promotional page.
14.10 The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
14.11 The Promoter will notify the winner when and where the prize can be collected.
14.12 The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
14.13 By entering this competition, an entrant is indicating his/her acceptance and agreement to be bound by these terms and conditions.
14.14. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
14.15 The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
14.16 The winner’s name will be published on our website.
14.17 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to the Promoter and not to any other party.
15. Afterpay Day Sale
15.1 Equalution offers 50% off first payments only on 6 month standard and premium plans.
15.2 The code to activate this offer will be AFTERPAY50.
15.4 This offer is available for new and returning customers only.
15.3 This code is valid from 16 August, 2023 to 21 August, 2023. The code may be extended at the discretion of Equalution Pty Ltd.
SCHEDULE 1 – EQUALUTION COMMUNITY GROUP GUIDELINES ADDENDUM
The Equalution Facebook Community Group is exclusive to our active community and we hope it becomes a place that connects, inspires and motivates you in your body transformation!
- Always be polite and respectful towards others.
- Do not share or discuss your individual calories/macros and meal plan – remember each of you have different needs that are unique and customised to you, while some may be similar, not all are created alike.
- Do not screen shot or swap plans on the page, again, your plan is made only for you!
- No swearing or abusive language – be ladies and gentlemen Equalutioners!
- No bullying/harassment, malicious comments, negativity or putting each other down – we want this community to be inspiring and uplifting; do not use it as a place for sharing negative views which can impact another’s journey.
- No self promotion or business advertisements – keep it relevant.
- Overall feel free to ask one another about macro friendly meals and recipes which we will also share freely, motivate one another, share your wins and progress!
If you find a post that you feel violates these guidelines, please flag it by reporting the comment to a member of the Equalution team [email protected].
If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the page and/or suspend your access to the Community Group for a period of time or indefinitely, this decision will be made at our sole discretion.
For any questions and notices, please contact us at:
EQUALUTION PTY LTD ACN 613 448 418
Email: [email protected]
Last update: 20th June 2023