THE HEALTHY DIARY PTY LTD

Program: Lean Body & Strong Mindset

Terms of Enrolment

 

To fully experience and gain the most beneÔ¨Āt from our programs, you agree:

 

 1. Our Services

(1.1) The Healthy Diary provides access to a program portal containing nutritional, wellness, and general healthy living information, modules and learning content, recipes, sample meal plans and other content made available to Members through the Website. The Website, the Program and access to any Program Inclusions granted through the Website will be collectively referred to in these terms as the ‚ÄúServices‚ÄĚ.

(1.2) Although The Healthy Diary provides a program portal with resources, you acknowledge that The Healthy Diary makes no guarantees that the provision of the Services will result in any specific result and the use of any information contained or gained from the Services is solely at your own risk. Please review the content disclaimer in clause 3 and the general disclaimer in clause 4 below as it contains important information in this respect.

(1.3) Our Services are available only to, and may only be used by, persons who are at least 18 years of age. If you do not qualify, please do not use our Services or register to become a Member.

(1.4) Due to the downloadable nature of the program and the fact that you have complete access to The Healthy Diary's intellectual property from your commencement date, no refunds are available under any circumstances. 

 

2. LBSM Guarantee 

The Healthy Diary wants you to be satisfied with your program, therefore, we're offering a "Love it or Leave it" Guarantee for the first 30 days of your program.

Your initial Lean Body & Strong Mindset membership is a 6 month agreement: a 30-day "Love It Or Leave It" period, followed by a 5-month program. If you feel Lean Body & Strong Mindset is not right for you, you may exit after your 30-day Love It Or Leave It Period.


If we're a good fit, we commit for the next 5 months. After the full 6 months is up, we renew month to month.

 

3. Content disclaimer

(3.1) No medical advice

You acknowledge and agree that:

  • the Program Content pro¬≠vided in the Website and in any linked or referred to mate¬≠ri¬≠als or websites is not and should not be con¬≠strued as med¬≠ical advice. The Program Content is provided as a convenience to you and is to be taken as general information only. Any Program Content contained in the Website has been considered in the context of certain conditions and subject to assumptions that cannot necessarily be applied to an individual case or particular circumstance;
  • the Website is not intended to establish a doctor/health professional-patient relationship between us and you, nor is it intended to replace the services of a health care professional. The Website is not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. In cases of emergency services please contact public emergency services. You should not rely on any infor¬≠ma¬≠tion con¬≠tained in the Website in mak¬≠ing med¬≠ical, health-related or other deci¬≠sions;
  • protocols and nutritional information delivered through the Website including advice, guidelines and techniques are provided as a general guideline only and are not prescriptive or intended to be a substitute for medical or other professional advice;
  • it is your responsibility to discuss all changes to your diet or potential dietary supplement use with your medical provider prior to making any changes;
  • you should verify the accuracy of any Program Content with a doctor/health practitioner before relying on it, who will be able to advise you about your own individual medical needs;
  • we do not represent or warrant that your use of the Website will meet your particular requirements or provide any desired outcomes (such as cure any disease), whether those requirements are disclosed to us or not.
  • we are not responsible for any injury or harm occurred in relation to the programs you involved in.

(3.2) Nutritional and diet disclaimer

  • The Program Content is not prepared to suit the nutritional needs of pregnant or breastfeeding women or anyone with pre-existing medical conditions (whether disclosed to us or not). This includes without limitation any virus, disease, illness, disabilities, injuries, physical or mental conditions or general poor health.
  • You understand that any changes to your diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any Program Content, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.

(3.3) Content jurisdiction

We are based in Australia and make no representation or warranty with respect to whether the content or the Website is appropriate, legal or will comply with applicable laws of other jurisdictions. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the applicable laws of your jurisdiction.

(3.4) Survival

This disclaimer applies to the fullest extent permitted by law and shall survive termination or expiry of these Terms and Conditions or your use of our Services.

 

4. General Disclaimer

(4.1) You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an ‚Äúas-is‚ÄĚ basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website. Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, the Services are without warranty of any kind and we expressly exclude such warranties.

(4.2) You acknowledge and agree that:

  • no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws;
  • you are solely responsible for following, or not following, or making an assessment of any advice and/or use of any Program Content that we provide or recommend via the Website and that we are not responsible for any loss that you may suffer as a result of use of the Website. You should make your own enquiries and obtain your own independent advice in relation to the information contained within the Website and any Program Content before making any decision or taking any action based on their contents;
  • nothing on the Website is a promise or guarantee of results;
  • we do not represent or warrant that your use of the Services will meet your particular requirements or provide any desired outcomes, whether those requirements are disclosed to us or not;
  • you assume total responsibility for your use of the Services;
  • any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results;
  • we do not guarantee that the Website will be error-free or uninterrupted, or that your use of the Website will provide any specific results;
  • we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.

(4.3) This disclaimer applies to the fullest extent permitted by law and shall survive termination or expiry of these Terms and Conditions or your use of our Services.

(4.4) While you may access, browse and print our Program Inclusions for your own personal and non-commercial use, you must not without our prior written consent:

(a) sub-licence, assign or novate the benefit or burden of the licence granted hereunder in whole or part; or

(b) share the Program Inclusions with others, or to adapt, modify, publish or create derivate works or publicly display any of the Program Inclusions;

(c) resell, copy, reproduce, distribute, adapt, alter, modify, translate, publish, share, create derivate works, or publicly display any of the Program Inclusions anywhere in the world (including by sharing your Account details so that others may get access to the Program Inclusions).

(4.5) All Program Inclusions are subject to availability and other terms and conditions which may be imposed by us.

(4.6) Program Inclusions are available to Members only and cannot be sold, transferred, assigned or otherwise dealt with except with our written consent.

 

5. Terms of sale

  • Due to the downloadable nature of the program and the fact that you have complete access¬†to The Healthy Diary's intellectual property from your commencement date, no refunds are available under any circumstances.¬†
  • You agree that no pauses or suspensions will be made once this agreement is accepted. If your circumstances change, decide to stop your health/weight loss journey, determine that you would not like to be in the program anymore, or anything else, no pauses or cancellations will be made to payments after your first 30 days in the program.¬†
  • Fees for this program are due in full or in part according to our payment plan. Payment can be made via credit card.
  • Your investment in the program gives you access to: a 1:1 personalised session, members' dashboard, and 24/7 community¬†support.¬†
  • You hereby ratify your understanding that all program sales are non-refundable and waive any rights to charge-back your purchase with your credit card.
  • You must pay us immediately on demand payment of all costs incurred by us in collecting any outstanding amounts, including legal fees on a solicitor own client basis.
  • We may use third-party payment providers (Payment Providers) to collect payment of the fees associated with your Program. The processing of payments by the Payment Provider will be, in addition to these Terms and Conditions, subject to the terms, conditions and privacy policy of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting or making any payment made in connection with these Terms and Conditions.
  • You are solely responsible for any payment details (such as bank account and account identification information) that you provide to us. We will not be liable for any loss that you suffer in connection with the incorrect payment details being provided to us.

 

 6. Testimonials

(6.1) When you provide us with testimonials or reviews on the Services you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, modify, adapt and communicate it in connection with the Services.

 

7. Tech Support or Customer Service Inquiries

If you encounter any issues when using the Program, please contact customer service at¬†[email protected]