terms & conditions.
All users of the Website (as defined below) should carefully read the entire contents of this Terms of Service as it contains important information, which relates to your legal rights and obligations. By accessing and/or using any part of the Website for any duration of time whatsoever, you expressly agree without reservation to be legally bound by this Terms of Service.
This Terms of Service constitutes a legally binding agreement between you and the Website Owner (as defined below) in relation to the Website including any subdomains and any other third party websites through which the Business Owner makes available products and services, whether directly or indirectly. In this document, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings: “Business Owner” or “Us” or “We” — Wiyn Wellbeing (ACN No. 621 105 566), a business registered under the laws of Australia.
“Cookie”— Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the website and your interaction with the various components and features of the website. The Cookies used on the Website facilitate to improve and enhance the user’s experience on the Website and record their preferences. The Cookies do not seek to control the devices on which they are stored and nor are they damaging and nor do they extract your personal information from your device. The Cookies will reside on your device(s) until they expire or are deleted.
“DMCA” — Digital Millennium Copyright Act, 1998
“License” — The License granted by the Business Owner to Users pursuant to Clause 10. of the TOS.
“Service” — The process of the User using the Website to book and participate in individualised weight loss coaching sessions offered on the Website.
“Survey”— All Users who desire to use the Service are required to complete the Exploratory Session Survey at www.wiynwellbeing.com/survey. The information gathered from the Survey will facilitate preparation for the initial preparatory session with the User and will enable the User to maximise benefit from the session.
“User” — Any person over the age of 18 or legal entity who visits any part of the Website for any duration whatsoever shall be deemed to be a User and such person or legal entity shall have been deemed to accept all the terms and conditions of the TOS until such time that they leave the Website or close their browser.
“Website” — www.wiynwellbeing.com, including any subdomains and sub-folders, which is developed and operated by the Business Owner.
“Working Day” — Shall mean any day on which a bank is legally open for business in Australia.
1. Intellectual Property And Copyright
The entire content of the Website is the intellectual property and copyright of the Business Owner who without exception reserves all rights to its intellectual property and copyright in every respect and in all mediums and channels of distribution, publication, social media and sharing. No party is authorised or entitled to exploit commercially the content, or any part thereof, under any circumstances or for any reason whatsoever. Any copying, reproduction, redistribution, sharing and/or transmission without the prior written consent of the Business Owner are strictly prohibited.
2. Relationship Between the Business Owner And The User
For avoidance of doubt, it is expressly stated that the Business Owner shall at all times be an independent service provider to the User and nothing in this TOS shall indicate, expressly or impliedly, that the Business Owner is an agent and/or employee of the User or in any way connected to the User.
3. Acceptance Of The Terms Of Service By The User
All visitors to the Website must read the Terms Of Service set out herein before using any part of the Website. If you have any issue with any provision set out herein and/or you do not wish to be bound by any of the terms and conditions, you must stop using the Website immediately and leave.
4. Refusal Of Use
The provision of the Service and use of the Website shall at all times be at the sole and absolute discretion of the Business Owner and the Business Owner shall at all times be at liberty without restraint or encumbrance to refuse use of the Service and/or the Website to any person or legal entity without giving an explanation for such refusal. Such right of refusal on the part of the Business Owner may be exercised before or after the User places an order through the Service.
In the event the refusal of use is after the placement of an order by the User, the Business Owner shall give the User a refund provided always that the refusal of use is not due to the conduct and/or actions of the User and the order has not already been completed, in whole or in part. The giving of such refund on the part of the Business Owner shall be at the absolute discretion of the Business Owner and shall be an act of courtesy and good customer service and shall not be interpreted in any way whatsoever as an admission of fault, responsibility and/or guilt on the part of the Business Owner, its employees or agents for any purpose whatsoever.
5. Authorised Users
Use of the Website and the Service is strictly restricted to persons over the age of 18 and who are capable of entering into a legal agreement in their country of residence. By using the Website and the Service, you expressly warrant and undertake to of the Business Owner that you have the capacity and authority to enter into an Agreement with the Business Owner for the use of the Website and the Service.
6. The Service
The use of the Service is conditional on completion of the Survey at www.wiynwellbeing.com/survey. The User represents, undertakes and warrants to the Business Owner that they are not barred to receiving the Service in his/her/its jurisdiction for any reason whatsoever and that the information provided in the Survey is true and correct.
The Business Owner at all times reserves at its sole and absolute discretion the right to terminate the use of the Website and/or the Service if any of the information provided to the Business Owner by the User is found to be misleading, incorrect or false. The Business Owner may take such action it sees fit at any time without giving notice to the User and/or without any reference to the User.
The Business Owner operates the Website for the purpose of allowing a User to book and participate in individualised weight loss coaching sessions offered on the Website.
The Survey is used as a tool to assess the suitability of the Service to potential clients and to workout a program for the User to follow as part of the Service. Access to the Service by the User is also conditional on the User participating in Exploratory Session.
All payments by User for the Service are taken and processed outside of the Website. On completion of the booking process for use of the Service, the User will be sent a link through which payment for the Service should be made. The payment will be processed by an independent payment gateway. As such, the Business Owner does not ask for or collect any information regarding your credit card or other financial details. Should any party approach you requesting for such details on behalf of the Business Owner you should decline to disclose such information and immediately inform the Business Owner of such a request. The Business Owner shall not be responsible for any loss you may incur as a result of disclosing your financial information to such unauthorised person(s).
The User warrants and undertakes to the Business Owner that the User shall be the legal owner of all credit cards, charge cards, debit cards or other payment methods to be registered with the payment gateway or has proper legal authority to make use of such payment methods. The User hereby undertakes to keep all information registered with the payment gateway current and updated for the duration of the use of the Service.
Any and all service fee(s) and charge(s) made by the payment gateway are solely for the account of the User and must be paid by him/her/it in full and all such fee(s) and charge(s) shall not be in any way be refundable or repayable by the Business Owner in any way whatsoever and the User shall have no claim on the Business Owner in respect of such fee(s) and charge(s).
All payments made by the User to the Business Owner in respect of the Service or for the purchase of any other product or service shall be in Australian Dollars and the User should make the appropriate selections when making the payment through the payment gateway. The Business Owner at all times retains the absolute discretion to change the default currency of the Service, the Website without giving prior notice of such change. All prices stated on the Website and/or quoted to the User shall be inclusive of Goods and Services Tax.
8. Refunds For Unfilled Orders
If for any reason, the Business Owner is unable to fill the User’s order within thirty (30) days of the payment for the order being received, the Business Owner shall offer the User alternative dates for the provision of the Service to the User. If the User finds the alternative unacceptable, the Business Owner will make a full refund of the amount it has received in respect of the unfilled order and the User expressly without reservation agrees that this amount shall be the limit of the Business Owner’s liability in respect of the unfilled order and any other claim by the User in respect of the unfilled order.
9. Cancellation And Rescheduling
If the User books a session pursuant to the Service, the User must take all steps necessary to ensure attendance. If the User needs to reschedule the booked session, the User is required to give the Business Owner a notice of not less than twenty four (24) hours. Where a notice is received by the Business Owner and the notice period is met, the session will be rescheduled to a mutually convenient time to be agreed upon by the Business Owner and the User. Where the notice from the User is less than twenty four (24) hours, the session will be deemed to have been cancelled at short notice and the User will be charged for the session in full.
10. License To Use The Service And The Website
Subject to the terms and conditions set out herein, the Business Owner hereby grants to the User a non-commercial, non-exclusive, non-transferable, royalty free license to use the Service and the Website. The license granted by the Business Owner to the User is non-exclusive and limited in nature and is personal and shall not in any circumstances be transferable in any way. The User shall not use the Service, the Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use the Business Owner shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render the Business Owner in danger of criminal and or civil liability in any jurisdiction and/or which could damage the reputation of the Business Owner or its commercial and economic viability.
The User shall not:
Shall not cause any viruses, worms, malware, spyware or other items of such to be loaded on the Business Owner’s servers, the Website or to otherwise cause disruption to the normal operations of the Business Owner and its assets, including but not limited to all aspects and all parts of the Website;
Use any means whatsoever to make the features of the Service available to multiple users whether simultaneously or otherwise;
Shall not use the Website to send unwanted messages to any party or to communicate directly with any other User(s) of the Website;
Copy, distribute, rent, sub-license, lease, rent, sell or otherwise deal in the content of the Website or part thereof;
Access or attempt to access the Website by means of automated, unethical, unconventional or illegal means, including but not limited to hacking; and
Competitors are prohibited from using the Website under any circumstances and for any purposes.
The Business Owner makes no grant of any implied license or other implied rights of any kind whatsoever for the use of the Service and/or the Website, whether temporary or permanent.
11. Term Of License And Termination
The term of the License commences at the time the User enters any part the Website from whatever location and the License shall continue until such time that the User shall terminate at the later of the time when the User leaves the Website from whatever location or, in the event the User has purchased the Service, the time when the Service has been completed.
The Business Owner may at any time and at its absolute and sole discretion terminate or suspend the User ’s license if the Business Owner is of the view that the User has breached any term of this TOS and/or whose conduct has brought disrepute to the Business Owner or has in any way harmed the business and/or the goodwill of the Business Owner and the Business Owner shall be under no obligation whatsoever to provide the User with an explanation for such termination and/or suspension but may do so as a matter of courtesy.
The termination and/or cancellation shall be effective immediately upon sending notice of its decision to the User at the last provided email address by the User. Upon such termination and/or suspension, the Business Owner shall be at liberty to recover from the User damages in respect of any conduct and/or actions by the User leading to the termination and/or suspension.
On termination of the license of the User , any information, images, videos or other content of whatever nature shall no longer be accessible to the User in any way and the Business Owner shall not be liable to the User in any way whatsoever for the inaccessibility and/or loss of all such information. On termination of the license the User hereby expressly agrees to cease using the Website in any way whatsoever, whether directly or indirectly through other person(s) or legal entities.
If it deems it to be in its best interest, the Business Owner retains the sole and absolute discretion to block the IP address of a User without giving notice of such action and the Business Owner shall not be obliged in any way to provide an explanation for taking such action although the Business Owner may do so purely as a matter of courtesy.
12. Ownership Rights
The Service and the Website are the sole and exclusive property of the Business Owner, inclusive but not limited to the copyright and the intellectual property therein, and the use of the Service and the Website shall not grant in any way any property and/ or ownership rights in the aforesaid or any part thereof.
13. Unacceptable Conduct In The Use Of The Website
The User shall be absolutely and completely and without reservation be responsible for his/her/its conduct while using the Website. Notwithstanding the acceptance of such responsibility, the User shall not create or place any content on the Website which, (whether directed at a person, group of persons, a community or a religion):-
The User knows or believes are untrue, inaccurate false, malicious, libellous or slanderous;
Is racist, bigoted, sexually discriminating, sexual in nature and harassing;
Is obscene, profane, offensive;
May incite hatred of any kind;
Is illegal or which promote illegal acts to be committed;
Is in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined;
Could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature;
Relate to a Ponzi scheme, pyramid or other investment scheme, chain letters, unsolicited mailing;
Infringe or violate the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy;
Contain instructions of any kind which may result in the commissioning of acts of violence, terrorism or the releasing of computer viruses; and
Solicit passwords and other security access information
14. Representations And Warranties Of The User
The User hereby warrants to the Business Owner as follows:
That the Business Owner will not be required to pay any royalties in respect of any of the User’s content and will not need to seek any licenses, approvals or consents from any party in respect of the contents;
That the content does not contain any of the information prohibited in Clause 13. hereof ;
The contents of the User do not infringe any third party rights, their intellectual property or their right to privacy; and
The content of the User conforms and complies with all the laws of the User’s jurisdiction.
15. Statutory Guarantees And Warranties
Pursuant to the Competition and Consumer Act, 2010 (“CCA|”), the Business Owner is deemed to be a supplier of services and/or goods to consumers and as such the CCA gives the User certain statutory rights. If you are a Consumer within the provisions of the CCA you should familiarise yourself with the provisions of the CCA. The Business Owner undertakes that it shall perform all its obligations pursuant to the CCA except insofar as validly excluded by the terms and conditions of this TOS. In terms of its obligations pursuant to the CCA, the Website Owner states that, subject to the exclusions set out in the TOS:
Should the Service be defective in terms that it does not meet industry standards, the Website Owner will offer to the User a refund up to the value of paid by the User to the Website Owner less any charges that are made by payment gateways. The amount of the refund shall be at the sole and absolute discretion of the Business Owner but shall in any event take into consideration the amount of the service and goods the User has consumed before lodging an indication of dissatisfaction with the business Owner. In situations where the Service has been substantially delivered, the User shall not be entitled to any refund;
In situations where defective goods have been delivered to the User, the defective goods will be replaced by the Business Owner provided always that the defect in the goods shipped to the User have not been caused as a result of an act or omission of the User and the User returns the defective goods to the Business Owner in the same conditions that the User receive them in; and
Any claim for a refund by the User must be made within five (5) working days of the User receiving the Service and/or goods.
The maximum liability of the Business Owner to the User for any breach of condition or warranty, express or implied, shall be the value of the services and/or goods supplied by the Business Owner to the User whether such supply was made pursuant to the Service, the Website or otherwise. The Business Owner accepts no liability for any loss whatsoever suffered by the User beyond the value of such supply including, but not limited to, consequential loss arising from the Service and/or goods supplied to the User by the Business Owner.
16. Communications From The Business Owner
The User expressly and irrevocably agrees to receive communications in any form whatsoever from the Business Owner in relation to the Service and the Website, the User ’s orders, offers, promotions and marketing materials from the Business Owner. The User may opt out of receiving marketing material at any time by giving written notice to the Business Owner.
17. Security Of The Website And Risk
The Business Owner does not in any way, expressly or otherwise, guarantee the security of the Website to the User and does not undertake or warrant to the User that his/her/its content, if any, will not be accessed by a third party and the User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.
The User hereby agrees unconditionally and irrevocably to indemnify and hold harmless the Business Owner, its successors and assigns, and its directors, shareholders, officers and employees from and against any and all actions brought by any third party and any arising losses, liabilities, costs and other expenses of whatever nature, including but not limited to, attorney fees, where such action arises from:
The activities of the User on the Website;
A violation by the User of any terms of the License granted by the Business Owner;
Any content or material transmitted by the User through the Service in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy; and/or
A breach of any of the terms and conditions of any third party website to which the User is redirected to through a link provided by the Business Owner.
19. Checks And Verification
The Business Owner reserves the right to undertake any actions, consultations it deems appropriate or necessary at its absolute discretion for the purpose of checking and verifying the identity of the User and/or the information provided by the User and such checks may include checking into any criminal background or search of various registers and the User hereby expressly agrees to the Business Owner taking such steps it deems appropriate for checks and verification at its absolute discretion.
20. “Where Is”, “As Is ” And “As Available”
the Business Owner provides the Service and the Website on a “Where Is”, “As Is ” And “As Available” basis and the principle of ‘Caveat Emptor’ shall apply in every respect in relation to the entire content of the Website and this TOS. The User uses the Service and the Website entirely at his/her/its own risk and the Business Owner expressly disclaims any and all warranties and representation of any kind, express or implied, including but not limited to, any implied warranty or representation as to merchantability, fitness for purpose or any other warranty or representation that may arise through the operation of any law in any jurisdiction and expressly denies any warranties and/or representation in respect of but not limited to the following:
The Service and/or the Website is authorised for use in the User’s jurisdiction;
The Website will operate on an error free basis;
The Website will have a 100% up time;
That any information, videos, images or other information of whatever nature saved by the User on the Website will be retained on the Business Owner’s servers and/or if retained in respect of any given period of retention;
the Business Owner will continue to support the Website;
In respect of any other websites that may be linked to on the Website, the entire content of such website;
Any products or services advertised by any third party on the Website;
The accuracy of any information provided or opinion expressed on the Website
21. Irrevocable Orders
All orders placed by the User in respect of the Service shall be irrevocable unless the business Owner in its absolute discretion agrees otherwise and the User shall not be entitled to any refund, in whole or in part, for the order unless the Business Owner in its absolute discretion agrees otherwise. The Business Owner may make such deductions as are reasonable to cover administration costs, credit fees etc. in granting any refund to the User.
Except as provided otherwise in this TOS, the Business Owner shall grant a full refund to the User if the Service Partner shall fail to deliver the User’s order entirely and wholly as a result of the failures of the Business Owner and or its employees and/or Agents. The User shall not be entitled to any refund whatsoever, in whole or in part, if the failure to deliver the Service is due to the provision of wrong and incorrect information relating to the order or the User has been found to be in breach of the TOS after the User’s order has been processed.
Notwithstanding anything to the contrary in this TOS, the Business Owner shall not be responsible in any way whatsoever for the refund of any charges and/or fees made by third parties such as credit card companies and payment gateways.
23. Disputes And Limitation Of Liability
In the event of any dispute between the Business Owner and the User , both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration and that the arbitrator shall be located in Australia and shall be nominated by the Business Owner.
The decision of the arbitrator shall be final and binding on the Business Owner and the User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TOS and any decision or award shall be consistent with the provisions and intent of this TOS. In any event, the User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order.
Notwithstanding anything to the contrary in this Clause 22. and this TOS, the User expressly agrees that the limit of the Business Owner’s liability to the User in any dispute shall be the value of any purchase made by the User through the use of the Service and the Website. The User expressly acknowledges that the Business Owner shall not be liable to him/her/it in respect any other loss or harm, economic or otherwise, however suffered, including but not limited to any indirect, incidental, consequential , special or punitive damages for any personal injury, pain and suffering, emotional distress, loss of revenue and/or profits, loss of savings, loss of goodwill and/or reputation, loss of data and/or information of any type, breach of contract, negligence of any nature and further, the User expressly agrees that the Business Owner shall not be liable to him/her/it for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising.
If the User is in any way dissatisfied with the Business Owner’s limitation of liability as expressed in this Clause 22. specifically and this TOS generally, the User must immediately terminate his/her/its use of the Service and the Website.
The User shall not assign its rights and obligations under the TOS without the express prior written consent of the Business Owner.
Any waivers and/or indulgences extended by Business Owner to the User shall not prejudice and/or restrict the rights and remedies of the Business Owner and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by the Business Owner in exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise, of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.
If any part or parts of this TOS is found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TOS as if they had not been included in the TOS from its inception and the remaining terms shall continue to be enforceable and valid.
The Business Owner’s rights and remedies pursuant to this TOS are cumulative and not exclusive.
The Business Owner shall at all times retain the right to monitor the User ’s access to the Website and to collect any data and information for the purpose of ensuring your compliance with the TOS and or the relevant laws or an order of a competent court or a government body.
29. Disclosure Of The User’s Personal Information
The Business Owner will not at any time disclose the personal information of the User at any time except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, the Business Owner shall give written notice to the User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the User ’s last provided email address.
30. Mergers And Acquisitions
In the event that the Business Owner and/or its assets, including but not limited to, the Service and/or the Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part, the Business Owner shall at all times retain the right to transfer the personal details of the User and all information relating to and/or provided by the User to the Buyer.
31. Third Party Websites And Applications
32. Third Party Beneficiaries
Notwithstanding any contrary provisions or terms set out in this TOS, the entire content of this TOS is only for the benefit of the Business Owner and the User and their respective successors and assigns and this TOS does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.
33. Third Party Intellectual Property And Copyright Claims
The Business Owner respects the intellectual property of all third parties and the Users of the Website and the Service are required to do the same. Users shall ensure that they do not infringe upon the intellectual property and copyright of any third party.
In the event that the Business Owner discovers that a User has made use of third party intellectual property and/or copyright without the necessary consents, the Business Owner will take all such steps as are necessary to remove the offending items from its servers in accordance with the DCMA. The Business Owner will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright. The Business Owner may at its absolute discretion terminate the License of a User if the non-authorised use of third party intellectual property and/or copyright is repeated.
The Business Owner may from time to time feature advertising on the Website and such advertising may feature links to third party websites. If you follow such links, you do so at your own risk and you shall hold the Business Owner and all its stakeholders harmless against any loss, economic or otherwise that you may suffer as a result of following such links. The manner, placement and nature of the advertising shall be at the absolute discretion of the Business Owner and it may change from time to time and the Business Owner may not specifically identify paid and sponsored content and placements to you and you expressly consent to the presence of such advertising.
35. Request To Delete Information
The User may submit a request in writing at any time to for private information to be removed from the Business Owner’s database. the Business Owner shall process such written notification from the User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever.
37. Governing Law
This TOS shall be governed solely by the laws of Australia. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the User (s) may be resident in jurisdictions other than Australia. If you access the Website from outside Australia, you do so entirely at your own risk and you shall be responsible for complying with the laws and regulations of the jurisdiction from where you access the Website.
38. Successors And Assigns
This TOS and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall ensure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.
The User hereby expressly consents to receiving any and all notices from the Business Owner by electronic means and the Business Owner shall give notices to the User by means of an email addressed to the User at the last email address provided by the User to the Business Owner and/or posting a notice on the Website. Support inquiries can be sent to the Business Owner at email@example.com and notices of a legal nature may be sent to the Business Owner at firstname.lastname@example.org.
40. Modifications And Amendments TOS
The Business Owner reserves the right to modify and amend the TOS as it sees fit and at its absolute discretion and such amendments and modifications shall become effective and operations immediately of the new TOS being posted on the Website. Any use by the User of the Service and/or the Website after any modification or amendment of the TOS is effective shall be taken as an express agreement by the User to the amended TOS. It shall be the sole responsibility of the User to review the TOS posted on the Website from time to time to review any modifications and amendments and the User expressly acknowledges and accepts such responsibility. If the User does not agree to the modifications and amendments, the User should immediately stop and refrain from the use of the Service and/or the Website.
41. Entire Agreement
This TOS represents and constitutes the entire understanding and relationship between the Business Owner and the User and it supersedes any and all prior understandings and undertakings between them.
Headings in this TOS are for convenience only and shall not be used in the interpretation of any provision or terms of this TOS.
You may contact the Business Owner for any purposes at email@example.com and we will endeavour to respond within 1-2 business days.