TERMS AND CONDITIONS

1.General

1.1. The Alevia Programs (Program) and the Alevia Membership Resources found at www.members.alevia.com.au (Online Resources) are owned and operated by Alevia Medical Weight Loss Pty Ltd ACN 627 879 869 as trustee for the Alevia Medical Weight Loss Trust (ABN 47 936 946 061) of 374 Mountain Highway Wantirna 3152 (‘Alevia, ‘we’, ‘us’, or ‘our’).

1.2. By accepting these terms and conditions (Terms) and accessing the Online Resources, you (‘you’ or ‘your’) agree to be bound by these Terms. The offering of the Program and the Online Resources is conditional upon your acceptance of these Terms.

1.3. If you do not agree to these Terms, you must not access the Online Resources or benefit from the Program.

2. Services

2.1. Alevia may, at its absolute discretion, provide services including the provision of the Programs and the Online Resources (Services).

2.2. Bulk billed appointments are available to those who hold a have a valid Medicare card and have had a face to face appointment with an Alevia practitioner in the last 12 months. Alevia is a private billing clinic and bulk billing is at the discretion of the treating doctor.

2.3. In addition to access to the Online Resources, each Program includes access to the Program’s help desk, Facebook support groups and the following dietary and general practitioner consultations:

2.3.1. For Kickstart Program members , a 1 hour consultation with a qualified dietitian, and a 30 minute consultation with two 15 minute consultations with a general practitioner during the Minimum Subscription Period;

2.3.2. For Momentum Program members, a 30 minute consultation with a qualified dietitian or a 15 minute consultation with a general practitioner per calendar month of the subscription; and

2.3.3. For Maintain for Life Program members, a 30 minute consultation with a qualified dietitian or a 15 minute consultation with a general practitioner per each 3 month period.

2.4. You can find more specific details of your Program, within your User Account found at the Online Resources.

2.5. Alevia may, in its absolute discretion, elect to provide variations to the above inclusions, by providing you with 30 days notice prior to the variations.

3. Subscription Services

3.1. Payment details

3.1.1. Payment of your subscription fees are to be made by way of Direct Debit using a valid debit or credit card nominated by you or through a payment method permitted by us, from time to time.

3.2. Direct Debit

3.2.1. By accepting these terms, you:

(a) request and authorise us to debit funds from your nominated account;

(b) confirm that you are authorised to operate the nominated account;

(c) acknowledge and agree that the debit or charge will be processed by Alevia’s financial institution and payment processing provider; and

(d) acknowledge that the amount to be debited consists of your subscription fees (which may change from time to time with prior notice to you increase periodically).

3.2.2. If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

3.2.3. We may vary any details related to your direct debit at any time by giving you at least seven (7) days written notice.

3.3. Automatic renewal of subscription

3.3.1. Your subscription will automatically renew on a month-to-month basis, unless your cancellation is confirmed before your next billing date. You acknowledge that should you fail to cancel your subscription prior to the end of the current billing period, you risk the next direct debit being taken which we will not be obligated to refund.

3.3.2. You acknowledge that once the Minimum Subscription Period has been met, your account will continue to be debited in accordance with the payment terms until cancellation is confirmed.

3.4. Failure to Pay

3.4.1. If any payment is not made in accordance with these Terms, we may (at our absolute discretion) immediately cease providing you with access to the Services and recover, as a debt due and immediately payable from you, our additional costs of doing so.

3.5. Minimum Subscription Period

3.5.1. Each of our Programs are provided with a Minimum Subscription Period in which you will not be eligible termination or cancellation.

4. Termination and Cancellation of Membership

4.1. Despite any other provision these Terms, Alevia reserves the right to cancel this agreement at any time by notice in writing without giving reasons and without compensation, however you must receive a refund of any moneys paid and attributable to the remaining period.

4.2. In order to cancel your subscription, you must submit a cancellation notice via email to request to re*******@********om.au.

4.3. The Minimum Subscription Period must be met before this cancellation is actioned. You will be entitled to access the Services for the remainder of term.

4.4. All transactions are non refundable and non transferrable between our services.

5. Consumer Guarantees

5.1. Certain legislation including the Australia Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), may confer you with rights, warranties, guarantees and remedies relation to the provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

5.2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

6. Limitation of Liability

6.1. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

6.2. To the extent permitted by law, Alevia’s maximum liability arising under any condition or warranty that cannot be legally excluded is limited to providing the Services again or paying the cost of having the Services provided again.

6.3. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

6.4. You acknowledge and agree that:

6.4.1. Alevia does not accept responsibility for any loss or damage, howsoever caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Services, 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 the Services;

6.4.2. any condition, warranty, right or liability, which would otherwise be implied in these Terms or protected by law is excluded; and

6.4.3. to the extent permitted by law, all implied terms are excluded and Alevia does not accept liability to you in respect of any direct, special, indirect or consequential damages, losses, expenses or costs which may be suffered or incurred by you or which may arise directly or indirectly in respect of any Services provided, arising out of a breach of these Terms, or any error, omission or misrepresentation on our part to comply with our obligations as set out in these Terms.

6.5. To the extent permitted by law, Alevia will have no liability, and you release and discharge us from all liability arising in connection with any:

6.5.1. event or circumstances beyond our reasonable control;

6.5.2. acts or omissions of you;

6.5.3. defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Online Resources, or any consequences whatsoever that flow from the unavailability of the Online Resources;

6.5.4. use of the Online Resources;

6.5.5. interaction you have with any users whether in person, over the telephone or online;

6.5.6. any injury or loss to any person;

6.5.7. content which is incorrect, incomplete or out-of-date; or

6.5.8. breach of these Terms or any law.

7. Warranties and Disclaimers

7.1. Information and statements included on the Online Resources, including information relating to weight loss and health conditions, products and treatments, is for informational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or dental or other health condition.

7.2. Information and statements included in the Online Resources are not intended nor is it implied to be a substitute for professional medical advice.

7.3. To the extent permitted by law, we make no representation or warranties that:

7.3.1. the material in the Online Resources is accurate, complete, up to date or suitable for any particular purpose; or

7.3.2. access to the Online Resources will be uninterrupted, error-free, free from viruses or other harmful components or that the Online Resources are secure.

7.4. You read, use and act on the Online Resources at your own risk.

7.5. To the extent permitted by the ACL and any other law, you release and indemnify us in respect of all claims and losses in connection with this agreement or the Online Resources, unless caused by our gross negligence.

7.6. Nothing in these Terms excludes your statutory rights as a consumer under the ACL.

8. Services Suitability

8.1. Nutritional Information

8.1.1. Whilst the nutritional information provided in the Online Resources is done so by registered dietitians, the information should only be taken as general in nature. If specific advice is required, we encourage you to contact your medical practitioner for direct information relating to your personal circumstances.

8.1.2. Before relying on the information provided in the Online Resources, you should carefully consider the accuracy, completeness and relevance of this information for your particular circumstances.

8.2. Physical Health

8.2.1. You require a moderate level of fitness in order to successfully complete the Programs and follow the Online Resources, Alevia requires that you consult the appropriate health care professional before you commence any of our Programs if you have any pre-existing health conditions, especially if you fall into any of the following categories:

(a) you have an ongoing physical condition including, cancer, liver disease, renal failure, eating disorders, diabetes, blood pressure or cholesterol issues or kidney disease;

(b) you’ve recently recovered from a recent injury or illness;

(c) an elderly person;

(d) you have a low body mass index; and/or

(e) you are pregnant, trying to conceive a child or breastfeeding.

8.2.2. The information contained in the Online Resources should not replace tailored medical advice. You are responsible for following and acting on any advice provided to you by a healthcare provider.

8.2.3. By accepting these Terms you acknowledge that:

(a) the Services we provide are an ‘information only’ service and that you are solely responsible for following an exercise program or regime;

(b) We do not offer supervision or monitoring and cannot be held responsible for any injuries you may suffer as a result of our Programs;

(c) to the extent that we supply Recreational Services or Recreational Activities, your participation may involve risks, including personal injury and death, and you have made the appropriate assessments of any risk involved prior to your participation.

(d) Your participation in the Programs is voluntary.

8.2.4. To the maximum extent permitted by Law, we exclude all liability arising from or in connection with any aspect of our Services which may be deemed a Recreational Service or Recreational Activity for:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such injury);

(c) the contraction, aggravation or acceleration of a disease; and

(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of haviour, course of conduct that is or may be harmful to you or the community.

8.2.5. For the avoidance of doubt, we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of any Recreational Service or Recreational Activity

9. Intellectual Property rights and ownership

9.1. Alevia’s Intellectual Property

9.1.1. Alevia and related third parties own all intellectual property in the material available on the Online Resources, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews contained in the Online Resources or in connection with the Services. You must not reproduce, copy, edit, publish, communicate, transmit or up-load the materials, without the written consent of the owners of that copyright.

9.1.2. The Alevia brand and all associated trade marks, whether registered or unregistered, are and will at all times remain the property of Alevia and related third parties and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.

9.1.3. You must not:

(a) republish material from the Online Resources (including publication on another website);

(b) sell, rent or sub-licence material from the Online Resources;

(c) show any material from the Online Resources in public;

(d) exploit material from the Online Resources for a commercial purpose; or

(e) redistribute material from the Online Resources.

9.1.4. You must not place a link to the Online Resources on any other website without our prior written consent.

9.2. User Generated Content

9.2.1. The Online Resources may allow you to post information, photos, content, user submissions and/or upload materials (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

9.2.2. The Online Resources may include functionalities that allow you to control whether or not the public or other users are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Access Controls that you select are properly implemented, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

9.2.3. Alevia takes no responsibility where User Content is downloaded and duplicated by other users.

9.2.4. By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content:

(a) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Online Resources;

(b) you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);

(c) you must ensure, and warrant, that your User Content, and the licence that you grant to us pursuant to clause 8.2.4(b) do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the User Content in breach of this clause 8.2.4(c); and

(d) to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent is required in any jurisdiction, then you waive any moral rights you may have.

10. Electronic Communications

10.1. You acknowledge and agree that, to the fullest extent permitted by applicable law, agreements, notices or other communications regarding your use of the Services (Communications), may be provided to you electronically. Electronic Communications may be posted on pages within the Online Resources and/or delivered to your nominated e-mail address. All Communications in either electronic or paper format will be considered to be in ‘writing’, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.

11. Security of information

11.1. No data transmission over the Internet can be guaranteed as totally secure. Whilst we use reasonable endeavours to protect such information, we do not warrant and cannot ensure the security of information which you transmit to us via the Online Resources or over the telephone. 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 in accordance with our Privacy Policy.

11.2. You acknowledge sole responsibility for and assume all risk arising from your use of the Online Resources.

12. Your account obligations

12.1. To use the Online Resources, you will need to create an account (User Account). You must provide basic information when registering for a User Account including name, email address, and you must choose a password.

12.2. You will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorised use of your account due to your failure to secure your access credentials.

12.3. You agree to:

12.3.1. provide true, accurate, current and complete information about yourself as required when using the Online Resources; and

12.3.2. maintain and promptly update your information to keep it true, accurate, current and complete.

12.4. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use by you of the Services entirely.

12.5. You are responsible for maintaining the confidentiality of any account and password you create in connection with the Online Resources and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

13. Competitors are excluded from accessing our Services

13.1. You are prohibited from accessing our Services, including our content and Online Resources, in any way that competes with our business.

14. Privacy

14.1. Alevia is committed to protecting your privacy. We undertake to comply with the terms of our Privacy Policy. By using this Website, you consent to the processing of your Personal Information as described in our Privacy Policy and warrant that all information provided by you is accurate.

15. General

15.1. You must be at least 18 years of age to use our Services. By agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.

15.2. The Services are only available to users located within Australia. Any request for Services submitted from outside of Australia or by persons under the age of 18 will be cancelled.

15.3. These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.

15.4. Headings are used for convenience only and do not affect the interpretation of these Terms.

15.5. In these Terms, the singular includes the plural and vice versa.

15.6. These Terms constitute the entire agreement between Us and You with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

15.7. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect immediately.

15.8. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

15.9. Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

15.10. Alevia may terminate these Terms and/or cease publishing the Online Resources at any time with or without notice to you and without any liability to you.

16. Definitions

16.1. The following definitions apply to these Terms:

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Commencement Date means the date that these Terms are accepted by you.

GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Minimum Subscription Period means:

(a) in respect of the Kickstart Program and the Momentum Program, 3 months from the Commencement Date; and

(b) in respect of the Maintain for Life Program, 12 months from the Commencement Date.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Privacy Policy means the privacy policy published on the Website from time to time.

Recreational Activities has the meaning given in the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Recreational Services has the meaning given in the Australian Consumer Law and Fair Trading Act 2012 (Vic).