Who we are

Our website address is: https://thefatlossmanifesto.com/

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

 

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

 

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

 

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

 

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

 

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Privacy Policy

This Privacy Policy is effective as of 1 June 2017

This Privacy Policy describes the practices that A Patronis Enterprises Pty Ltd trading as The Fatloss Manifesto (“IDDA”) follows with respect to the collection, holding, use and disclosure of information provided by you or collected from you during your use of our website, www.thefatlossmanifesto.com (the “Site”).

Amendment to Privacy Policy

We may, from time to time, modify or amend this Privacy Policy.  As such amendments are made, we will post an updated Privacy Policy on the Site displaying the date from when the modifications will apply.  Your continued use of the Site following the posting of an updated Privacy Policy indicates your acceptance of all such modifications and amendments.

Personal Information

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our Site, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• for the primary purpose for which it was obtained;

• for a secondary purpose that is directly related to the primary purpose; or

• with your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Other Information

When you use our Site we may also collect information other than personal information.  This information is automatically collected by our web server which is information that your web browser makes available when you visit our Site.

This automatically collected information may include your browser type and capabilities, the website you visited before our Site, the content you viewed on our Site and your geographic location.

All computers and servers on the Internet use IP addresses to recognise and communicate with each other. We collect and maintain the IP address of your computer or server for the purposes described in this Privacy Policy.

The above information is held in aggregated form and does not identify you.  We use this information to assist us in analysing and administering our Site and to generate internal reports such as how many visitors we have had and what content is being viewed.

This Site also uses “cookies.”  “Cookies” are small text files that allow websites to store and retrieve information about you from your computer system.  This information does not personally identify you.

Your consent to the collection, holding, use and disclosure of your personal information

By using our Site you consent to the collection, holding, use and disclosure of your personal and other information in the ways described in this Privacy Policy.  If you do not consent to your personal information being collected, held, used or disclosed as described in this Privacy Policy, please do not use the Site and exit immediately.

Access to and correcting your personal information

On receipt of your written request, we will provide you with the personal information we have collected about you.  If you wish to update your personal information you should send an email to admin@thefatlossmanifesto.com advising us of any corrections.

If you have an account on our Site, you may also view, correct and/or update your personal information by accessing your account on the Site.



How we will use your personal information

We hold and use your personal information for purposes which are reasonably necessary for, or directly related to, one or more of the functions or activities we undertake.  This may include using your personal information to send newsletters; to establish your online account and recognise you when you return to the Site; to contact you regarding contests, promotions, polls, and surveys; to provide customer support or to otherwise communicate with you regarding our Site.

We will only use personal information collected from you for the purpose of direct marketing.  If you do not wish to receive these communications, you may opt-out or unsubscribe by updating your preferences in your profile or clicking “Unsubscribe” in any of our emails.

We may also hold and use your personal information to attribute to you comments and/or other submissions you make to the Site or if, for example, your identity is important to resolving a service issue or in resolving a financial matter regarding a purchase on our Site.

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Site. This could mean that we advertise to previous visitors who haven’t completed their personal information on our Site, for example using the contact form to make an enquiry. The use of visitors’ personal information could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network.  Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

Disclosing your personal information

We may disclose your personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our Site, or anyone else who could be harmed by such activities.

We may also disclose your personal information when we reasonably believe that the law requires it.

If we engage third party agents, subsidiaries, affiliates and joint ventures to perform functions on our behalf, such as credit card processing, shipping or stocking orders, providing customer service, and health professionals etc. we will disclose your personal information to them, as required for them to perform their functions.


If our business or substantially all of A Patronis Enterprises Pty Ltd’s business assets are sold or transferred, your personal information may be one of the business assets disclosed to the purchaser or transferee.

We may hold and use individual or aggregated information automatically collected from you to track how our visitors use the Site, study traffic patterns, run and maintain the Site.  We may provide targeted advertisements to you based on such data.
Although we do not currently engage in such practices, we may share aggregated data with our advertisers.


International disclosure

We may need to disclose your personal information to entities located outside Australia for the purpose of us providing our services to you.  We will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles including satisfying ourselves as to the practices of the overseas entity and the security measures that are used by the overseas entity to protect your personal information.

Protection of your personal information

We will take all reasonable steps in the circumstances to ensure your personal information is kept secure and is protected from unauthorised use or disclosure.  Unfortunately, information transmitted on the Internet and/or stored on systems attached to the Internet are not 100% secure. As such, we provide no warranty or guarantee as to the security or integrity of your personal information.  

To the extent permitted by law, you release us from any liability for the disclosure of any information due to errors in transmission or the unauthorised acts of third parties and indemnify us in respect of any claims arising from such disclosure.


Your privacy on third party websites

Our Site provides links to websites maintained by other organisations.  These links are provided to you as a convenience, but we do not operate, control or endorse any websites to which these links are attached.  We cannot attest to or assure you of the privacy principles maintained by any website other than our own Site and you are responsible for reviewing the terms of all other websites whether such websites have been accessed by you via our Site or otherwise.

How to cease receiving communications from us

You may terminate any ongoing communications you receive from The FLM via e-mail (such as newsletters, subscriptions, contest results, survey inquiries, etc.) by (1) clicking the “unsubscribe” link that is available within the communication received, or (2) by emailing admin@thefatlossmanifesto.com and request to be unsubscribed.

If you think we have breached the Australian Privacy Principles

To the extent that we are subject to the Australian Privacy Principles, we have taken all reasonable steps to ensure that our practices comply with those principles.  If you believe we have breached those principles we request that you email us at admin@thefatlossmanifesto.com setting out the circumstances in which you believe we are in breach.

Your complaint will be reviewed and investigated by a senior manager of our business and a response will be provided to you within 30 business days.

If you are unhappy with our response you agree that any further dispute should be determined by mediation with an independent mediator to be appointed by agreement of the parties within 14 business days of you notifying us of your wish to proceed to mediation.  You agree that the cost of mediation will be borne equally between the parties and that the decision of the mediator will be final and binding on the parties.

Questions?If you have any questions about this Privacy Policy, please e-mail them to admin@thefatlossmanifesto.com and be sure to indicate the nature of your question.

Personal Information Collection Statement

  1. A Patronis Enterprises Pty Ltd trading as The Fatloss Manifesto (The FLM) is bound by the Privacy Act 1988 (Cth) (Privacy Act).  We collect and hold your personal information, that is, information about you such as your name, contact details and records of our dealings with you.  We collect this information for the purpose of providing our products and services, providing third-party resources and tools, providing access to the Platform and otherwise engaging with you as our Customer and generally operating our business.

  2. We collect your personal information directly from you unless it would be impracticable or unreasonable to do so. You may refuse to provide us with some or all of your personal information, however, this may limit the ways in which we can interact with you, including providing you with our services.

  3. We may disclose your personal information to third parties, such as related organisations, service providers, professional advisers and government and related authorities. We are unlikely to disclose your personal information outside of Australia.

  4. We may use your personal information in order to provide you with information about activities, events or new material or resources that may be of interest to you.  You may opt out of receiving our communications at any time by sending an email to admin@thefatlossmanifesto.com

  5. Our Privacy Policy sets out our approach to managing your personal information. In particular, it explains how you may seek to access and/or correct the personal information that we hold about you, as well as how to make a complaint about a breach of our obligations under the Privacy Act, and how we will deal with complaints. You can access our Privacy Policy on our Website.

  6. If you have any questions, comments or complaints about how we handle your personal information, you may contact us at admin@thefatlossmanifesto.com.

WEBSITE AND USER TERMS AND CONDITIONS
THE FATLOSS MANIFESTO

The FLM provides a program coaching on fitness, health and nutrition practices.

These terms and conditions (“Terms) govern the access and use of this Website, the Membership and the The FLM Platform.  

  1. USE OF WEBSITE & PLATFORM
    1. Your access to, browsing, contributions to and use of the Website and Platform are subject to the following Terms as well as all applicable laws, rules and regulations.  By accessing or using the Website and Platform you accept and agree to the Terms, which are legally binding.
    2. If you do not agree to any of these Terms, you must not visit, use or continue to use the Website or Platform.  We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
  2. DEFINITIONS

In these Terms, unless the context requires another meaning:  

  1. “Authorised User”
    means the person who is solely authorised to access and use the Program being the Customer identified in the account details established by the Customer on commencement of the Program.
  2. “Claim” 
    includes in relation to a person, any claim in respect of any damage, loss, cost, expense or liability incurred by the person or a claim, demand, action, proceeding or judgment made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent.
  3. “Confidential Information” 
    means any proprietary information or material belonging to the Customer or the The FLM, including, without limitation, all data and information relating to the Customer or the The FLM and their respective operations, facilities, personnel, positions advertised, assets, Services; clients, sales and transactions whether or not such information is provided to a party to these Terms before or after the date of these Terms.
  4. “Corporations Act” 
    means the Corporations Act in Australia (as amended) and includes all acts and regulations encompassed thereby and any statutory, modification or predecessor or re-enactment thereof.
  5. “Fees”
    means those fees applicable to the delivery of the Program.
  6. “GST” 
    means a goods and services tax, consumption tax, value-added tax, retail turnover tax or a tax of a similar nature.
  7. “Intellectual Property”
    means all rights, whether registerable, registered or unregistered in any patent, trademark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights.
  8. “Membership”
    means the right to access the The FLM Platform for a specified period and to participate in the Program pursuant to these Terms.
  9. “Platform”
    means the technological delivery of the Program through an internet-based delivery system which may comprise a dedicated website, software and/or applications as detailed on the Website or notified by The FLM from time to time.
  10. “Program”
    means the program coaching on fitness, health and nutrition practices including the benefits and features specified on the Website or otherwise notified to the Customer by The FLM.
  11. “Terms”
    means these terms and conditions including any Schedules and any updates or amendments to same as agreed between the parties from time to time.
  12. “Website”
    means the website www.thefatlossmanifesto.com and its related pages, including any mobile site or mobile or other application that The FLM may offer.
  13. CONTENT
    1. All content and all intellectual property which includes text, images, trademarks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of The FLM  or third parties who have granted The FLM permission to use it on the Website or Platform. All Content contained on the Website and Platform whether past, present or future and is protected by national and international copyright, design and trademark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
  14. USE AND REGISTRATION
    1. Children under the age of 18 should not use this Website without parental supervision or consent.  If we do find that someone under the age of 18 is accessing the Website or Platform without such supervision or consent, The FLM may restrict their access to the Website or Platform and may cancel or restrict access to any services to be delivered to the parent or guardian of that child.  Any cancellation or restriction of services to the parent as a result of the unsupervised use of the Website or Platform by a minor will result in the parent forfeiting any payments made to The FLM and no refund will be available.
    2. Certain services will only be available after you have registered your details and activated an account with us on the Website or Platform.  To register your details and open an account with us, you will be required to submit your data and personal information. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times.  You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.  In particular, you warrant that you will provide accurate information to The FLM of any previous, underlying or known or suspected condition relating to either physical movement and exercise or dietary restrictions before receiving any service.
    3. The FLM reserves the right in its sole discretion to refuse to register any account.  
    4. If you breach any of these Terms, we will be entitled to lock or delete any and all accounts, and not accept any further or future account requests, by the account holder and their associates.  
    5. You must not use another person’s account without their express prior permission nor permit anyone to use your Membership or account.

Unauthorised Use

  1. You are solely responsible for all activity that occurs using your account and solely responsible to keep your access to it and your passwords secure.  The FLM does not accept any responsibility for activity on your account arising from the unauthorised access of your account.
  2. If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify The FLM and immediately take all reasonable steps to protect your account.
  3. When you notify The FLM of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse.  We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
  4. You agree to release and indemnify The FLM from any loss or Claim arising, whether directly or indirectly, from any unauthorised use of your account.

Communications

  1. You acknowledge that when you register and use the Website and Platform, you will receive correspondence from The FLM, including newsletters, relating to the Website and the business of The FLM.

Limited licence to use

  1. The FLM grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from or interacting with The FLM.
  2. You warrant that you are not visiting or using the Website or Platform, using the Content or purchasing any goods or services from the Website or from The FLM for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose.
  3. Except as expressly permitted in these Terms or on the Website or Platform, or with The FLM’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via the Website or the Platform for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.

Non-interference

  1. DAMAGE  You must not damage, interfere with or disrupt access to the Website or Platform or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or Platform or the Content.  You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website, Platform or the Content within it.
  2. LIABILITY The FLM will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Platform, Content, security or access to the Website, Platform or Content or in any other way prevent the usual operation of the Website and its availability to the public.
  3. THIRD PARTY SITES
    1. The FLM  selects third-party partners and associates with care and with our customers’ needs in mind.  We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
    2. The Website may contain links to third party websites or content (Third Party Content).  The FLM does not monitor, review or update, and does not have any control over, Third Party Content.  Unless expressly stated otherwise, The FLM does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.  
    3. If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability.  In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by The FLM
  4. NO WARRANTIES
    1. The Website, Platform and Content are provided “as is” without warranty of any kind, express or implied.   Except to the extent required by the law, The FLM does not make any representations or warranties as to the Website, Platform or Content  including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website or Platform including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website or Platform.
    2. The FLM does not represent or warrant that the Website, Platform or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website or the Platform.   The FLM does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of The FLM’s control.
  5. PROGRAM
    1. The FLM offers the Program for purchase through the Website or in such other manner as offered from time to time.
    2. When you purchase the Program you must create a Membership account through which we will deliver the services and Content comprised of the Program.  By creating a Membership account, you warrant that you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the purchase and create the Membership account.
    3. Once you have placed your order for the Program you must make payment of the Fees pursuant to these Terms.  Your purchase of the Program and access to the services and Content of the Program will only be finalised once you have both accepted these Terms and made payment of the Fees as required.
    4. The Program comprises a 6 week coaching program including weekly videos, challenges, updates and check-ins to provide you with education, coaching and accountability to assist with your weightloss goals and such other features and benefits described on the Website or advised by The FLM.
    5. You understand and acknowledge that The FLM and its officers, agents and employees are not medical or health professionals and have no knowledge or experience in your individual circumstances and health or other challenges.  You acknowledge that the Website and Program will not treat or diagnose any disease, illness or ailment and you agree, prior to or during the Program, to consult with a medical or health professional as required by these Terms.
    6. TRAINING VIDEOS
      1. Training videos will be uploaded to the Platform from time to time.  Where possible, we will notify you that a new training video is available however it is your responsibility to ensure that you regularly check the Platform for new training videos and, subject to clauses (b) and (c) below, undertake the exercises provided.
      2. You warrant that you will not undertake any exercise without first satisfying yourself that you are physically capable of such exercise and not suffering with any current, dormant or underlying injury or condition that prohibits you undertaking the exercise.  
      3. You acknowledge that you are undertaking any exercise instruction without supervision and you are solely responsible for taking care and being constantly aware of any symptoms, conditions or injuries which may arise from your following the exercise instruction.  You must immediately stop any exercise if you become aware of any such symptoms, conditions or injuries pursuant to these Terms.
      4. If, prior to or during the Program, you experience any symptom, pain, tightness, unusual soreness, shortness of breath or any other condition, you warrant that you will obtain advice from a medical or health professional prior to continuing any training video and only proceed with the exercises if that medical or health professional has confirmed that such exercise is appropriate for your specific circumstances.
      5. Nutrition and diet information will also be available from time to time on the Platform.  It is your sole responsibility to read and implement any dietary improvements provided that such dietary suggestions are not inconsistent with any dietary restriction specific to your circumstances.
      6. If you experience any allergic or other reaction after implementing any dietary suggestion you warrant that you will immediately obtain advice from a medical or health professional and only continue the dietary suggestion if that medical or health professional confirms that the dietary suggestion is appropriate for your specific circumstances.
      7. Training videos will become available in a specified order and the next training video will only be available to you once you have completed the prior training video.  The order of the training videos will be determined by us and are a valuable part of the coaching process. Unless exceptional circumstances exist, you will not be able to change the order of the training videos.
      8. If during the Program you fail to complete all training videos, the balance of the training videos that would otherwise have been available during the Program will be forfeited.  It is your responsibility to ensure that you work through the training videos in the timeframes allotted in order to receive the full value of the Program. No refund of the Fees will be available for any portion of the Program which you do not complete.
  6. DURATION
    1. The Program duration is 6 or 12 weeks from the date of you creating your Membership account on the The FLM Platform.
    2. You will only be able to create your Membership account after you have accepted these Terms and The FLM has received payment of the Fees.  
    3. These Terms will apply to the entire duration of the Program and certain provisions will continue to apply after the expiration of the Program, as specified in these Terms.
  7. FEES AND PAYMENT
    1. Fees for the Program are those notified to you on the Website or by The FLM.  Fees are payable by the Customer to The FLM as a single upfront payment prior to commencement of the Program.
    2. The Fees may be increased in the sole discretion of The FLM from time to time however no increase in Fees will apply during the term of your Program.  Any renewed or new Membership will be subject to the increased Fees.
    3. The Customer is not entitled to make any set-off, to withhold or deduct for any reason any monies payable to The FLM pursuant to these Terms.
  8. REFUNDS
    1. The Program will commence immediately on your acceptance of these Terms and payment of the Fees.  As such, no refunds are available once the Program has commenced other than as described in this clause.
    2. If at the expiration of 4 weeks after commencement of your Program, you believe that the Program has not worked for you, we offer a refund of the Fees subject to the following conditions:
      1. you must lodge your refund request within 7 days after the expiration of 4 weeks from the commencement of your Program;
      2. you must provide evidence that, for a continuous period of 4 weeks, you undertook the training and dietary suggestions in the manner recommended; and
      3. you must provide evidence that your health, fitness or wellbeing have not improved.
  9. PROGRAM AVAILABILITY
    1. The Program is only available to the Authorised User for the Membership account.  You must not allow any other person to use or access your Membership account or the Program.
  10. The FLM OBLIGATIONS
    1. The FLM will use all reasonable endeavours to deliver to the Customer the Program during the term of these Terms provided the Customer complies with its obligations under these Terms.
    2. The FLM will deliver any other benefits or features of the Program in the manner described on the Website or otherwise notified by The FLM to the Customer from time to time.

  11. THE CUSTOMER’S OBLIGATIONS

    1. The Customer is responsible for completing all training videos in their own time and following any dietary suggestions contained on the Platform, subject to any warranty to obtain medical or health advice described in these Terms.
    2. The Customer will receive training and coaching from The FLM and will be asked to undertake activities and implement activities and techniques.  It is the Customer’s sole responsibility to undertake the activities and techniques and to implement any strategies recommended by The FLM. The Customer acknowledges that the desired outcomes and benefits from receiving the Program may not be achieved if the Customer fails to do so.
    3. Customer releases and holds harmless The FLM from any and all loss, cost, expense, Claim or inconvenience arising as a result of the Customer failing to achieve the desired results or outcomes as a result of the Customer failing to
      1. follow the recommendations;
      2. undertake the activities; or
      3. implement the strategies or techniques recommended by The FLM during the Program.
  1. The Customer must rely on its own knowledge, experience, judgment and opinion to determine whether the Program is appropriate for them and does not rely on the representations or opinion of The FLM in making such decision.
  2. It is the Customer’s sole responsibility to ensure that it has the time and capacity to receive the benefits and features of the Program including weekly training sessions.
  3. INTELLECTUAL PROPERTY
    1. The Customer acknowledges and agrees that the Customer will obtain no rights in The FLM’s Intellectual Property which will at all times during the Program and after its termination remain the sole property of The FLM.
    2. To the extent that the Customer has or at any time acquires any right, title or interest in or in relation to the Intellectual Property of The FLM, the Customer by these Terms assigns to The FLM absolutely its entire right, title and interest in such Intellectual Property.
  4. PERSONAL INFORMATION
    1. TFM may collect your personal information for the purpose of delivering the Program and will hold and use your personal information in accordance with its privacy policy.
    2. You agree that The FLM may disclose your personal information to third-party health professionals for the purpose of delivering the services and may make referrals to third-party health professionals where appropriate and where such referral has been previously discussed with and agreed by you.
  5. CONFIDENTIAL INFORMATION
    1. Non-disclosure
      Each party will:
      1. keep the Confidential Information of the other party confidential in the same manner as its holds its Confidential Information of like kind but in no event shall the recipient exercise less than reasonable care in maintaining the confidence of such information and shall not disclose it or make it available directly or indirectly to any third party (subject to disclosure permitted under these Terms); and
      2. use the Confidential Information of the other party solely for the purpose of performing its obligations under these Terms.
    2. Need to Know
      Each party may only disclose the Confidential Information of the other party to its officers, employees and permitted subcontractors who:
      1. have a need to know the Confidential Information (and only to the extent that each has a need to know); and
      2. have undertaken to maintain the confidentiality of the Confidential Information in accordance with this clause.
    3. Officers and Advisors
      Notwithstanding other provisions in this clause, the Customer and The FLM may disclose the terms of these Terms (other than Confidential Information of a technical nature) to their respective solicitors, auditors, insurers, advisers and accountants on a “need to know” basis.
    4. Limitation of Obligation
      The obligations of confidentiality under this clause do not extend to information that (whether before or after the date of these Terms):
      1. was rightfully known to or in the possession or control of the recipient prior to its receipt from the other party and which is not subject to an obligation of confidentiality on the recipient;
      2. is public knowledge (otherwise than as a result of a breach of confidentiality by the recipient or any of its disclosures);
      3. is independently developed by the recipient without the use of the other party’s Confidential Information; or
      4. is required to be disclosed by a governmental agency or law so long as the recipient promptly provides the other party with written notice of the required disclosure.
  6. GENERAL WARRANTIES & LIMITATION OF LIABILITY
    1. Customer obligations
      The FLM will not be liable for any loss, cost, expense, inconvenience or Claim incurred by the Customer which arises from
      1. the Customer failing to supply accurate and timely information requested by The FLM; or
      2. the failure by the Customer to comply with its obligations under these Terms.
    2. Outcome or results
      The FLM does not warrant or guarantee any outcome or result as a result of undertaking the Program.  The Customer acknowledges that The FLM has no control over the success or otherwise for the Customer. The FLM will not be liable for any loss, cost, expense, inconvenience or Claim by the Customer relating to any unachieved outcome or result expected or anticipated by the Customer.
    3. Fitness for Purpose
      TFM makes no warranty of fitness for purpose apart from the purposes listed in these Terms.  Any fitness for purpose warranty provided by The FLM to the Customer is dependent upon the Customer:
      1. providing complete and accurate information to The FLM prior to commencement of the Program;
      2. complying with all Customer obligations under these Terms; and
      3. committing the requisite time to the coaching and implementation of recommendations;

AND in respect of any fitness for purpose Claim made by the Customer against The FLM, the Customer bears the onus of proof of establishing in respect of each Claim that it satisfies the conditions above.

  1. Limitation Of Liability
    1. Except to the extent required by the law or as is expressly set out in the Terms, The FLM specifically disclaims all or any liability arising from your access to or use of the Website, Platform and Content, or purchasing any services or Program, and in no event will The FLM, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if The FLM  has been advised of the possibility of such damages).
    2. In any event, The FLM’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or Platform or purchasing any services.
    3. The FLM’s liability for breach of any condition or warranty implied by legislation is, at The FLM’s option, limited to supplying services again or payment of the cost of having services supplied again.
    4. Without limiting the above, you acknowledge that The FLM accepts no responsibility or any liability for orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk.  The FLM does not accept any responsibility or liability for any information or errors provided by you in the order, or in booking or receiving any services, including your failure to do all things necessary to ensure the order, booking and receipt of services, are suitable and safe for your circumstances.
    5. You release and forever discharge The FLM, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
  2. Indemnification
    1. You indemnify and will keep indemnified, The FLM and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party.   You also indemnify and will keep indemnified The FLM from any and all damage you may cause The FLM, its business, or the Website or Platform due to your interaction with the Website or Platform including without limitation your contributions if any..
    2. You indemnify and will keep indemnified and hold harmless The FLM, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or willful misconduct of yours or any claim, suit or action brought against The FLM as a result of your ordering, booking and receiving any services or Program.
    3. This Clause contains continuing separate obligations and it survives termination.
  3. TERMINATION
    1. Termination
      This is a fixed term agreement and may not be terminated by either Party other than as described in these Terms.  
    2. The Customer will remain liable for the Fees for the entire period of the Program but may, at any time, request that TFM cease delivering the Program.  If the Customer makes such a request then no amount of the Fees will be refundable.
    3. The FLM Termination
      The FLM may immediately terminate these Terms by written notice to the Customer if:
      1. the Customer fails to obtain independent medical or health advice after recommendation by The FLM or after experiencing any injury, condition or side effect; or
      2. is, in the sole opinion of The FLM, requests, demands or expects unreasonable variations to the Program or its delivery; or
      3. The FLM or any of its representatives experience any form of discrimination, harassment, aggressive, condescending, disrespectful or anti-social behaviour from the Customer or any of its officers, employees, agents, contractors.
    4. Survival
      Upon termination of these Terms any clause, the survival of which, in the sole opinion of The FLM, is required to enable The FLM to protect and enforce its rights under these Terms shall survive termination of these Terms.
  4. General provisions
    1. Goods and Services Tax
      1. All Fees are exclusive of GST unless otherwise expressly advised.
      2. If a payment by a party under these Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment must be inclusive of any GST payable and will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.  That party is assumed to be entitled to a full input tax credit unless it proves, before the date on which the payment must be made, that its entitlement is otherwise.
    2. Continued Rights
      The expiry or termination of these Terms will not affect or limit any accrued rights of the parties.
    3. Acceptance Without Execution
      The Customer will be deemed to accept the terms of these Terms without execution of these Terms, if the Customer provides to The FLM instructions, approval or authority to proceed with the Services, whether verbally or in writing, at any time after receipt by the Customer of these Terms.
  5. Interpretation of document
    In this document unless the context otherwise requires.
    1. a party means a party to this document and a reference to a person includes any other entity recognised by law and vice versa and an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency;
    2. words importing the singular number include the plural number and vice versa;
    3. words importing one gender include every gender;
    4. any reference to any of the parties by their defined terms includes that party’s executors, administrators and/or permitted assigns and nominees, or being a company, its successors and/or permitted assigns;
    5. every agreement or undertaking expressed or implied by which more than one person agrees or undertakes any obligation and/or derives any benefit in terms of this document shall bind and/or enure for the benefit of such persons jointly and each of them severally;
    6. clause headings are for reference purposes only;
    7. where any word or phrase is given a defined meaning in this document, any other part of speech or other grammatical forms in respect of such word or phrase shall have a corresponding meaning;
    8. unless otherwise specified, terms defined in the Corporations Act will have the same meanings when used in this document;
    9. a reference in this document includes any part, clause, party, annexure, exhibit, appendix or schedule of this document;
    10. a reference to winding up or bankruptcy includes bankruptcy, winding up, liquidation, dissolution, becoming an insolvent under administration (as defined in section 9 of the Corporations Act 2001 and being placed under official management, and to the circumstances and events giving rise to or contributing to such conditions or matters;
    11. a reference to dollars, A$ or $ means the lawful currency of Australia;
    12. all references to accounting and financial terms have the meaning commonly given to them in accordance with the accounting principles generally accepted in Australia;
    13. a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing them and a reference to a statute includes all regulations, proclamations, ordinances and by-laws made or issued under that statute;
    14. no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this document;
  6. GENERAL PROVISIONS
    1. Amendment to document 
      This document may not be modified, amended, added to or otherwise varied except by a document in writing executed by all of the parties.
    2. Assignment  
      This document
      1. shall enure for the benefit of and be binding upon the parties hereto and their respective successors and assigns, and
      2. may not be assigned by any party without the prior written consent of all of the parties.
    3. Issue of notices
      All notices to be issued under this document are to be issued in writing and in accordance with these provisions unless expressly specified otherwise.
    4. Delivery of Notice
      Any communication which is given by any party under this document must be either
      1. handed personally to that other party,
      2. left at the address of the party described in this document,
      3. sent by pre-paid ordinary post to such address,
      4. communicated by facsimile directed to the party, or
      5. communicated by email to the party at the particulars set out in this Deed.
    5. Receipt of Notice
      Except in the following circumstances, communication takes effect when received:-
      1. in the case of a letter sent by pre-paid ordinary post, on the 3rd day after posting;
      2. in the case of a facsimile, on the issue of a transmission report confirming receipt of the entire fax by the recipient party.
      3. in the case of an email, on receipt by the sender of confirmation of the recipient party’s answer back code after transmission.
      4. If a party subsequently communicates another address, facsimile number or email details, the particulars in that communication supersede (where applicable) the particulars set out above.
    6. Change of notice particulars
      If a party subsequently communicates another address, facsimile number or email details, the particulars in that communication supersede (where applicable) the particulars set out above.
    7. Standard warranties
      Each and every party warrant that:
      1. each has voluntarily entered into this document without any duress
      2. other than as set out in this document, no promises, representations or inducement has been made to enter into this document;
      3. each has had the full opportunity and has consulted with his solicitors  and received legal advice concerning the nature, effect and extent of this document; and
      4. each is aware that each of the others is relying on this Warranty in executing this document.
  7. MISCELLANEOUS TERMS
    1. Merger
      The rights and obligations of the parties in respect of agreements, indemnities, covenants and warranties contained in this document are
      1. continuing agreements, covenants, indemnities and warranties and accordingly,
      2. are not merged or extinguished by the partial performance by a party of their obligations under this document, and will remain in full force and effect until the obligations of all parties under this document are discharged in full.
    2. Further Assurances
      Each of the parties agrees that they will execute and deliver such further documents at their own expense as they may reasonably be requested by any other party to properly and fully effect the purpose of this document.
    3. Governing Law
      This document is governed by the law of the State of New South Wales and each of the parties irrevocably submits to the non-exclusive jurisdiction of the State of New South Wales.
    4. Waiver
      No waiver by any party of any default in the strict and literal performance of or compliance with any provision, condition or requirement herein shall be deemed to be
      1. a waiver of strict and literal performance of and compliance with any other provisions, conditions, or requirement herein, and
      2. a waiver of or in any other manner release any party from strict compliance with any provision, condition or requirement in the future.
    5. Delay or omission
      Any delay or omission by any party to exercise any rights provided for in this document does not in any manner impair the exercise of any such right accruing to it thereafter.
    6. Severability
      Any provision in this document which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.


If any provision of this document is void, voidable, unenforceable or illegal in its terms, but would not be void, voidable, unenforceable or illegal if read down, and it is capable of being read down, that provision is read down accordingly.