Terms of Use for www.appetiteright.com.au

This Website (www.appetiteright.com.au) is operated by Appetite Right Pty Ltd (ABN 27 123 652 488), a company incorporated under the law of Australia. A reference to "Appetite Right", "we" or "us" is a reference to Appetite Right Pty Ltd, its employees, directors, shareholders, agents, successors and assigns. Your access to the Website and the products and services offered through this website are subject to these Terms of Use.

This Website is available for you to access conditional on your acceptance without alteration of the Terms of Use set out below.

Information on the Website

This Website contains testimonials by users of the Appetite Right program. Such testimonials only represent the views, opinions and outcomes for that individual person and there are many factors peculiar to individual users which will affect their results. The statements made in these testimonials therefore may not be typical of what every individual will achieve through following the program.

Intellectual Property Rights

The material on this Website is protected under the Copyright Act 1968 (Commonwealth of Australia) and, where applicable, the Trade Marks Act 1995.

You may use this Website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright and other legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this Website, or create any other material using material on this Website, without obtaining the prior written consent of Appetite Right.

Privacy Policy

This Website is operated in accordance with the Appetite Right Privacy Policy, a copy of which can be found here.

Links to other Web sites

This Website contains links to websites owned and operated by third parties and which are not under the control of Appetite Right ("Third Party Websites"). In relation to Third Party Websites, Appetite Right:

	Provides the links to the Third Party Websites as a convenience to you and the existence of a link to the Third Party Websites does not imply any   endorsement by Appetite Right of the linked Third Party Websites.
	Makes no warranties as to the accuracy of or efficiency of, and accepts no liability in relation to, material contained on Third Party Websites.

Disclaimer and Limitation of Liability

The material on this Website has been prepared in good faith and best endeavours have been used to ensure that the material is correct and current at the time of publication.

Where the information or advice is of a general nature or provided by way of information, articles or questions and answers posted openly on this Website, such information cannot take into account each person's individual circumstances, and reliance should not be placed on such information for your specific circumstances.

Except where such liability cannot be excluded by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods,
      (i) the replacement of the goods or the supply of equivalent goods,
      (ii) the repair of such goods,
      (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
      (iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
      (i) the supplying of the services again or
      (ii) the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms of Use, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms of Use.

Termination of access

Appetite Right may terminate access to the free areas of this Website at any time without giving any explanation for justification for the termination of access, and Appetite Right has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the free areas of this Website.

Alteration to these Terms of Access

Appetite Right reserves the right to change these Terms of Use:

	With or without further notice to you; and
	Without giving you any explanation or justification for such change.

Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

Relevant Jurisdiction

If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

This agreement will be exclusively governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.

You agree to the exclusive jurisdiction of the courts of the State of Victoria, Australia, to determine any dispute arising out of this agreement.

Terms and Conditions for the Sale of Goods and Services

These Terms and Conditions apply to the purchase of goods and services over the www.appetiteright.com.au website (the "Website"). In using this Website for these or any other purposes, you agree to be bound by these Terms and Conditions, If you do not accept these Terms and Conditions, you must refrain from using the Website. These Terms and Conditions must be read in conjunction with the general Terms of Use for this Website located here.

Terminology

In these Terms and Conditions, the expressions "Appetite Right", "we", "us" and "our" are references to Appetite Right Pty Ltd its employees, directors, shareholders, agents, successors and assigns.

Amendments to Terms and Conditions

We reserve the right to amend these Terms and Conditions from time to time.

Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

Medical Conditions

Information provided on the Website and in the products and services sold by Appetite Right (including, but not limited to, the "Appetite Right Program" and "online support"), is intended to be a guide only; it does not constitute nor does it replace medical advice. Any concerns you have about your health and its treatment should be discussed with your doctor.

If you are unfit, aged over 50, have a body mass index over 30, are pregnant, breastfeeding or have given birth in the last six weeks, or have any pre-existing medical conditions, symptoms of medical conditions or illness you should consult your doctor before using any information in this program and/or before undertaking any kind of exercise or dietary changes.

If you experience discomfort or in the event of an adverse symptom or reaction to changes to your exercise or dietary regime you are also advised to seek urgent medical attention.

Ordering Procedure

You may offer to purchase goods described on this Website for the price specified on this Website.

Your order must contain your name, email address, credit card details and any other ordering information specified on this Website. For purchase of the 'Guided' program you must have a valid interent connection and email account. This requirement is your responsibility and no refunds will be offered if you fail to provide this requirement.

Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.

You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.

We are not required to give reasons for rejecting your offer to purchase.

If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

If we have not responded to you within seven days, your offer will be deemed to be rejected.

We give no undertaking as to the availability of products advertised on this Website.

Delivery of the goods to you will be affected in the manner described on this Website.

Title in the goods does not pass to you until payment has been received.

Risk of loss or damage to the goods passes to you upon dispatch.

Payment must be effected in the manner described on the Website. Prices are quoted in Australian Dollars and are inclusive of Australian goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

If a payment due for products already dispatched to you, or services you have subscribed to, cannot be processed within 7 days of the due date for any reason outside our control, we will add an administration charge of $10. If the payment remains outstanding after one month from the due date you will be charged an additional $10 administration charge, plus have the $10 administration charge recur every month from the due date until the total outstanding including administration charges is paid in full.

If you are paying for goods or services from us by cheque and the cheque is dishonoured you will pay us a fee of $25. This fee will be due on the day we receive notification of your dishonoured cheque.

The goods are offered for sale only to persons who can make legally binding contracts.

Any expenses, costs or disbursements incurred by Appetite Right in recovering any outstanding monies including debt collection fee's and Solicitor costs shall be paid by the customer, providing that those fees do not exceed the scale charges as charged by that Debt Collection Agency/Solicitor plus any out of pocket expenses.

The Purchaser shall pay to us interest on any outstanding monies due to us at the rate of 2% per month, calculated daily.

You may give us a certificate about an amount payable or other matter (including without limitation the failure of the Service Provider to meet a Service Level) in connection with this agreement. The certificate is sufficient evidence of the amount or matter, unless it is proved to be incorrect.

If you have not responded to us within fourteen days of dispatch of your goods and services, your purchase will be deemed to be accepted.

We reserve the right to withdraw access to purchase the 'Guided Plus' program on the website at any time. Numbers of participants in the 'Guided Plus' program are strictly limited. If the 'Guided Plus' program participant places are full we will not process your payment. If we have already accepted your payment for the 'Guided Plus' program and no participant places are currently available, we will issue you a full refund.

Disclaimer and Limitation of Liability

The material on the Website has been prepared in good faith and best endeavours have been used to ensure that the material is correct and current at the time of publication.

Where the information or advice is of a general nature or provided by way of information, articles or questions and answers posted openly on the Website, such information cannot take into account each person's individual circumstances and reliance should not be placed on such information.

Except where such liability cannot be excluded by law, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(c) if the breach relates to goods,
     (i) the replacement of the goods or the supply of equivalent goods,
     (ii) the repair of such goods,
     (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
     (iv) the payment of the cost of having the goods repaired; and
(d) if the breach relates to services,
     (i) the supplying of the services again or
     (ii) the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions.

Cancellation due to Error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Specific Warnings

We make no warranty that goods acquired from us over this Website will meet your requirements.

Details contained on this Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Only purchasers of the 'Guided Online' program will have access to the Member's Section of this Website for the purpose of providing one (1) weekly feedback form for a period of no more than 12 weeks after their first weekly form submission. We reserve the right to discontinue a Member's access to the Member's Section of this Website if the program has not been commenced within 6 months of the original purchase date. You are entitled to request in writing an extension of this time period if reasonable circumstances can be proven.

The purchaser of the 'Guided Online' program is the only person that is entitled to enter the Member's Section of this Website. Should the purchaser wish to transfer this right to another person they must apply to us in writing first. We reserve the right at anytime to review all use of this Website without notice. We also reserve the right at anytime to cancel all access to the Member's Section of this website without notice.

We reserve the right to withdraw access to purchase the 'Guided Plus' program on the website at any time. Numbers of participants in the 'Guided Plus' program are strictly limited. If the 'Guided Plus' program participant places are full we will not process your payment. If we have already accepted your payment for the 'Guided Plus' program and no participant places are currently available, we will issue you a full refund.

Governing Law

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

Privacy Policy

We operate this Website in accordance with the Appetite Right Privacy Policy, a copy of which can be found here.

By purchasing goods or services or becoming a member of the Appetite Right program through this Website you consent to receiving emails, including commercial and promotional emails, referring to Appetite Right products and other related products. At any time, by providing notice to Appetite Right, you may "opt out" of receiving such emails in the future.