WLCW TERMS AND CONDITIONS

The following WLCW Terms and Conditions of Use, along with any other legal documents referred to herein (together referred to as "Terms" or this “Agreement”), establish the legal agreement between each user ("User" or "you" or “your”) and Weight Loss Coaching Works. (situated at 7 Hoyle Avenue Castle Hill 2154) and its affiliates (“WLCW,” “we,” “our,” or “us”) concerning your utilization of the www.wlcw.com.au, website, including any products and services available through our website(s) (collectively referred to as the “www.wlcw.com.au website”). Our Services (defined below) are provided via the www.wlcw.com.au website and associated applications, an interactive platform where users can create, share, and view Content or coaching statistics (as defined below).

PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE). BY USING THE www.wlcw.com.au WEBSITE, OUR SERVICES, OR OUR PRODUCTS PURCHASED ON THE www.wlcw.com.au WEBSITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU:

HAVE READ THESE TERMS AND THE PRIVACY POLICY
UNDERSTAND THEM
ACCEPT AND AGREE TO BE BOUND BY THEM
ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS
AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE www.wlcw.com.au WEBSITE, AND/OR THE INTERNET. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE www.wlcw.com.au WEBSITE OR THE SERVICES.

Other sites, applications, services, and tools we offer may come with additional terms that we will present to you when you use them.

DEFINITIONS: In this document, the following capitalised terms, if not otherwise defined, have the meanings ascribed to them below: "Content" encompasses, but is not limited to, information (personal or otherwise), photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, chat and text messages (including histories), music, liner notes, lyrics, and other elements and materials, in any known or future media or format, whether physical, electronic, digital, analog, or otherwise. Content may be under the ownership or control of WLCW and/or submitted, uploaded, posted, displayed, or made available by you as a Registered User (as defined below). “Feedback” refers to any information you provide to us regarding the www.wlcw.com.au website, the Services, or sold products, whether in the form of a comment, evaluation, or otherwise. “Registered User” denotes Head Coaches and Super Coaches, as applicable, who have established a user account through the www.wlcw.com.au and associated website. “Member” designates a Registered User who has subscribed to access Content through a monthly paid subscription (“Membership”). “ Content” pertains to the content accessible via the WLCW Mobile App Suite. “WLCW Mobile App Suite” encompasses applications such as HEALTHeMedia, HEALTHeDashboard, HEALTHeTracker, and HEALTHeMessage. "Services" encompasses all services, tools, software, developer platform functionalities, mobile applications, and functionalities related to the www.wlcw.com.au website, including our monthly subscription services (e.g., Membership), as provided by WLCW periodically.
WLCW SERVICES AND TOOLS
1. Memberships and automatic renewal - Regarding Memberships:
  1. A Membership operates on a monthly subscription basis, automatically renewing each month using the credit card details on file. The charge to the credit card depends on the chosen monthly Membership level at signup, and any additional purchases of Content or other items on the www.wlcw.com.au website. Members can manage their membership preferences—upgrade, downgrade, or cancel—anytime on the website, with changes effective at the end of the current monthly billing cycle.
    
    “Subscription Credits” are allocated to certain Members, granting access to specific Content. These credits are provided at the beginning of each monthly billing cycle but do not carry over to the next cycle; they expire at the end of each billing cycle.
  2. Access to Content is limited to the Membership term. Upon cancellation, access to current or past Content ceases. However, renewing the Membership within 12 months of cancellation grants access to previously accessed Content.
  3. Content, the WLCW Mobile App Suite, and any products, services, or applications downloaded via the website are subject to the terms and conditions of the applicable Member End User License Agreement. Users must agree to these terms before accessing the content.
  4. Content functionality requires a compatible smart device (Apple or Android) and internet access.
  5. When signing up for a Membership, users must provide a valid Payment Method, which may be updated. Authorization is given to charge the Payment Method for subscriptions, services, and products purchased.
  6. Certain products and subscriptions may be discounted for specific Membership types. If a downgrade or non-renewal occurs while maintaining a subscription, the subscription price may increase if the previous Membership is entitled to a discount. Email notifications are sent for any changes to ongoing subscription costs.
2. Free Membership Period-
  1. Your Membership will commence with a free period (“Free Trial”); for a period of up to 10 weeks or as otherwise indicated during signup. Its purpose is to enable you to evaluate the Membership to determine its suitability for you. Eligibility for a Free Trial will be communicated during signup.
  2. WLCW will automatically charge your Payment Method for the Membership fee at the conclusion of the Free Trial period unless you cancel your Membership before the Free Trial ends. Prior to the Free Trial expiration, WLCW will send an email notification to the email address listed in your membership profile, reminding you that your Free Trial is concluding and that your Payment Method will be charged for your Membership unless cancelled.
3. Billing -
  1. Billing Cycle. The Membership fee will be charged on a monthly basis to your Payment Method, starting from the day you initiate your Membership. For instance, if you subscribe to the Membership on May 4th, your subsequent monthly charge will typically occur around the 4th of each month thereafter. Occasionally, the timing of your billing may vary, such as if your Payment Method fails to process successfully.
  2. Payment Methods. You have the option to update your Payment Method by accessing your account on the www.wlcw.com.au website. If a payment fails to process due to reasons like card expiration or insufficient funds, and you don't update your Payment Method or cancel your account, we'll temporarily suspend your access to the relevant Services or subscription until a valid Payment Method is provided (or we may cancel your account if no valid Payment Method is provided). By using our services, you authorise us to continue charging the Payment Method, even if it's updated. Please note that certain Payment Methods may incur foreign transaction fees or additional charges imposed by the issuer. For specific details, consult your Payment Method service provider.
4. Non-Member End User License Agreement for WLCW App – Members have the ability to share specific Content with individuals who are not yet Members through the WLCW Dashboard App. These individuals must consent to a NON-Member End User License Agreement. Please note that no Content or other digital media is being sold; rather, only a usage license is provided as outlined in the applicable end user license agreement.
5. Associate Memberships – Associate Members are granted access to limited sections of the www.wlcw.com.au website and do not have privileges to access Content. However, Associate Members may purchase designated products or services (e.g., physical CD Continuing Education Program) listed on the www.wlcw.com.au website.
6. Return, Refund, and Cancellation Policy -
  1. Subscription Fees - Presently, our Membership is solely available on a monthly basis. However, if in the future we introduce subscription options allowing for semi-annual or yearly memberships, any subscription fees paid under such programs for any remaining unused whole months at the time of subscription cancellation will be eligible for refund.
  2. Cancellation of Membership. You have the freedom to cancel your Membership at any time, and you will retain access to the Membership service until the conclusion of your current monthly billing period. We do not issue refunds or credits for partial-month membership periods or unused Subscription Credits. To cancel your membership, simply log into your account and select the appropriate “Cancel Subscription” option or send an email to admin@wlcw.tech
  3. WLCW Product Return Policy and Procedure - Below outlines WLCW’s policy regarding product returns, which adheres to specific requirements and conditions:
    1. During the “New Member Return Period,” which extends for 60 days from the date of your initial registration to the WLCW program, you have the option to return any support materials and merchandise purchased from WLCW and receive a full refund of the purchase price. To initiate the return process, please follow the instructions outlined in section 4 below.
    2. Within 30 days of receiving your product order from WLCW, you are eligible to return the following items for a refund if they are in “resalable condition”:
    3. An item is deemed “resalable” if it meets the following criteria:
      1. It remains unopened and unused.
      2. The packaging and labelling remain intact and undamaged.
      3. Both the product and packaging are in a condition suitable for resale within the industry at full price.
      4. The item retains current labelling. However, merchandise explicitly identified at the time of sale as non-returnable or discontinued is exempt from being considered “resalable.” All sales become final and non-refundable after 30 days from the receipt of your product order. Returned items may be subject to a 15% restocking fee.
    4. The product return process for sections 3 is outlined as follows: To ensure proper credit and eligibility for product returns under sections 3, you must complete the following steps within 30 days from the receipt of your product order for returns under 3:
      1. Notify us via email at admin@wlcw.tech regarding the items you wish to return and provide the date of purchase.
      2. Upon receiving your email, WLCW will send you a Return Authorization Number via email, which you should note in the designated space on the Product Return Form provided in the email.
      3. Return the product to WLCW, accompanied by the completed Product Return Form and a copy of the original packing slip identifying the items being returned. Ship to: WLCW, 7 Hoyle Avenue Castle Hill NSW Australia 2154
      4. Shipping costs will only be refunded in the event of an error on our part.
      5. For your safety, we recommend using UPS or Insured Parcel Post for shipment.
    5. Should you find any downloadable media purchased from WLCW unsatisfactory, you have the option to request a replacement download of equivalent value within 30 days of your purchase date by sending an email to admin@wlcw.tech. No other forms of refund are permissible.
    6. For individuals who have acquired a ticket to an WLCW seminar/event for personal use and have attended the seminar only to find it unsatisfactory, there is a 30-day window from the seminar date to return the used ticket to WLCW for a refund. This refund is applicable solely to the seminar fee, excluding expenses such as travel, meals, or hotel accommodations. To initiate the refund process, the used ticket must be returned along with a brief explanation detailing the reasons for dissatisfaction. No other refund requests will be entertained.
    7. WLCW will exclusively handle returns and refunds for items acquired from WLCW.com.au or directly from a WLCW booth at one of our seminars or events.
7. Registered Users - To access the Services available to Members, you must become a Registered User. When setting up your Membership as a Registered User, you must provide either a unique user ID or a valid email address ("User ID") and password for accessing the Services. Your User ID, password, or Account information collectively constitute "your Account." It is prohibited to transfer or share your Account with others, and you are solely responsible for maintaining its confidentiality. You bear full responsibility for all activities conducted under or in connection with your Account. Any actions performed by users accessing the www.wlcw.com.au website or Services under your Account, which would constitute a violation of these Terms if undertaken by you, are your responsibility. If you become aware of any unauthorised use of your Account, you must promptly notify us at admin@wlcw.tech. You agree not to register for an Account on behalf of anyone other than yourself. If your access to the www.wlcw.com.au website or use of the Services has been terminated by WLCW previously, you are prohibited from registering for a new account or authorising others to use an account on your behalf. You commit to registering using your actual name and ensuring the accuracy of any information provided about yourself. You warrant and affirm that all details provided during registration are true, accurate, current, and complete, and you agree to promptly update this information to maintain its accuracy. Failure to uphold these standards may result in denial of access to the www.wlcw.com.au website or the Services (or any part thereof). By using the www.wlcw.com.au website, you confirm that you are at least 18 years old and possess the legal capacity to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If you are under 18 years old, please refrain from using the www.wlcw.com.au website.
8. General Restrictions on Use - When utilising the www.wlcw.com.au website or the Services, you are obligated not to engage in any of the following actions:
  1. Alter or amend Content posted by others, and refrain from posting or using any Content in a manner that:
    1. Infringes upon the copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights of others.
    2. Violates the privacy, publicity, or other rights of third parties.
    3. Exhibits discriminatory, defamatory, obscene, threatening, abusive, or hateful content, as determined solely by WLCW.
    4. Contains false or inaccurate information.
    5. Contravenes any law, be it civil or criminal.
    6. Contravenes our policies, including posting Content in inappropriate categories or areas on the www.wlcw.com.au website.
  2. Circumvent or manipulate any applicable fee structure, billing process, or fees owed to us or our third-party providers.
  3. Modify or create derivative products based on the www.wlcw.com.au website or the Services. Decompiling, disassembling, reverse engineering, or attempting to obtain or discern the source code from which any component of the www.wlcw.com.au website or the Services is compiled or interpreted is prohibited.
  4. Replicate, duplicate, transcribe, or reproduce the "look and feel" of the www.wlcw.com.au website, including its features and functionalities.
  5. Copy, modify, or distribute rights or Content (that does not belong to you) from the www.wlcw.com.au website or Services or that infringes upon our (or our Users') copyrights and trademarks, including creating derivative works.
  6. Harvest, mine, or otherwise collect and store information about other Users of the www.wlcw.com.au website or Services, including contact information, without their consent.
  7. Utilise the www.wlcw.com.au website or the Services for illegal purposes or to promote dangerous activities.
  8. Permit usage by others in a manner that breaches these Terms.
  9. Forge headers or manipulate identifiers to conceal the origin of any content transmitted or received.
  10. Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships.
  11. Use the www.wlcw.com.au website or the Services to:
    1. Violate any local, state, national, or international law.
    2. Stalk, harass, or harm another individual.
    3. Impersonate any person or entity or misrepresent your affiliation with a person or entity.
    4. Provide material support or resources to any organisation(s) designated as a foreign terrorist organisation.
    5. Interfere with or disrupt the www.wlcw.com.au website, the Services, or servers or networks connected to them.
    6. Generate unsolicited email advertisements, chain letters, junk mail, or spam.
    7. Attempt to gain unauthorised access to the www.wlcw.com.au website, other accounts, computer systems, or networks connected to it.
    8. Upload, post, email, transmit, distribute, or otherwise make available any material that contains viruses or other harmful technologies.
    9. Circumvent, disable, or interfere with security-related features of the www.wlcw.com.au website or Services.
    10. Use any high volume, automated, or electronic means to access the www.wlcw.com.au website or the Services.
    11. Frame the www.wlcw.com.au website or place pop-up windows over its pages without written consent.
    12. Resell or sublicense access to the Services to any third party.
9. Content -
  1. As a Registered User, you have the privilege to submit Content, subject to WLCW's standards and any applicable Amway Rules of Conduct. You acknowledge that WLCW does not ensure confidentiality regarding any Content you submit. Your Content may be accessible to other users of the Service and through third-party services and websites. It's essential to provide only Content that you're comfortable sharing under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual who originated it. You are solely responsible for your own Content and the outcomes of submitting and publishing it on the www.wlcw.com.au website or using the Services. By submitting Content, you affirm, represent, and warrant that you own or possess the necessary licences, rights, consents, and permissions to publish the Content, and you hereby grant WLCW a licence to utilise all patent, trademark, trade secret, copyright, or other proprietary rights in the Content for publication on the www.wlcw.com.au website or through the Services as per these Terms.
  2. You retain ownership rights in your Content. However, by submitting Content to WLCW, you grant WLCW a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable licence to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works, display, and perform the Content in connection with providing the www.wlcw.com.au website or the Services and WLCW's business. This includes promoting and redistributing part or all of the Services in any media formats and through any media channels. WLCW may modify or adapt your Content as needed to transmit, display, or distribute it over computer networks and various media or to conform and adapt it to any requirements or limitations of networks, devices, services, or media. Additionally, you grant each user of the www.wlcw.com.au website a non-exclusive license to access and use your Content as permitted through the website's functionality and these Terms. The licences granted in Content you submit will persist even if you delete your Content from the www.wlcw.com.au website. The licenses granted in user comments you submit are perpetual and irrevocable.
  3. You warrant that Content you submit will not contain third-party copyrighted material or material subject to other third-party proprietary rights unless you have the rightful authorization to use it or are legally entitled to post the material and grant WLCW the license rights provided herein.
  4. WLCW does not endorse any Content submitted by users or licensors or any opinion, recommendation, or advice expressed therein. WLCW expressly disclaims liability for Content. WLCW does not allow copyright infringing activities on the www.wlcw.com.au website and will remove infringing Content if properly notified. WLCW reserves the right to remove Content without prior notice.
  5. Content is provided by WLCW to you AS IS. You may access Content for personal use solely as intended through the provided functionality of the www.wlcw.com.au website and the Services and as permitted under these Terms. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, licence, or exploit any Content for other purposes without prior written consent from WLCW or the respective licensors. WLCW and its licensors retain all rights not expressly granted in and to the www.wlcw.com.au website, the Services, and the Content.
  6. When using the www.wlcw.com.au website and the Services, you may encounter Content from various sources, and WLCW is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content.
  7. These Terms do not confer any rights or benefits to third parties.
10. Ownership of the www.wlcw.com.au website - Except for your Content, all rights, title, and interest in the www.wlcw.com.au website, the Services, the Content, and associated intellectual property rights are retained by us and/or our vendors and suppliers. The www.wlcw.com.au website, considered as a collective work, is copyrighted, and individual works or content within it are subject to copyright protection both domestically and internationally. Similarly, Our Technology, encompassing all software, code, proprietary methods, and systems used to provide the www.wlcw.com.au website or the Services, may not be copied, modified, reproduced, or distributed without prior written permission. Any use of Our Technology must comply with copyright notices and restrictions. Marks displayed on the website, including its "look and feel," are trademarks or service marks owned by us or other entities, and you are not authorised to use them without permission. Unless you obtain the copyright owner's consent, you may not copy, distribute, publicly perform, or create derivative works from any copyrighted work available via the www.wlcw.com.au website or the Services.
11. Feedback; Diagnosis of Problems - We appreciate your feedback, but by submitting ideas to WLCW, you relinquish intellectual property rights to those ideas, and they become the property of WLCW. Feedback provided to WLCW is deemed non-confidential and may be used freely. You agree not to undermine any feedback or ratings systems established by WLCW. You permit WLCW and its authorised contractors to access your Account and Content to investigate technical issues with the www.wlcw.com.au website.
12. Use of Third-Party Offerings - You may access third-party websites, content, or services through links on the www.wlcw.com.au website. Your use of Third-Party Offerings is not required to access the www.wlcw.com.au website or the Services. If you choose to use Third-Party Offerings, you acknowledge that you are subject to the terms and conditions of the third-party provider. We are not responsible for Third-Party Offerings, and our linking to them does not imply endorsement or affiliation. You agree that WLCW is not liable for your interactions with third parties.
13. Purchasing Business Support Materials - You acknowledge and agree that:
  1. Success as an independent business owner relies significantly on your own diligent efforts,
  2. No specific method, approach, or sales aid can guarantee a more profitable business or any particular level of success,
  3. The techniques, attitudes, or approaches suggested in WLCW materials may not yield the same results for everyone,
  4. Your decision to purchase WLCW products and services is entirely optional and voluntary, not obligatory.
14. Independently Produced Materials - WLCW products and services are exclusively published by WLCW and are not endorsed or sanctioned by any other individual or entity unless explicitly stated otherwise.
15. Governing Law/Arbitration/Class Action Waiver-
  1. This Agreement and the rights and obligations of the parties herein shall be governed by the laws of the State of NSW, without regard to its conflict of laws principles. Any dispute or claim between you and WLCW shall be resolved through arbitration in NSW Australia, in accordance with the Federal Law. However, nothing herein shall diminish your rights under your state’s consumer protection laws, requiring dispute resolution within your state of residence.
  2. Both parties waive their right to a trial by jury and affirm that this Agreement has been freely and fully understood.
  3. Any claim related to the www.wlcw.com.au website, Services, Content, or products, and/or these Terms must be filed within one year of its occurrence, or be forever barred, unless prohibited by applicable law.
  4. Both parties agree to bring claims against each other solely on an individual basis, not as part of a class action. An arbitrator or judge may not consolidate claims from multiple parties unless mutually agreed upon.
16. Affiliation Line Corrections - If you discover inaccuracies in the WLCW lines of affiliation, kindly inform WLCW via email at admin@wlcw.tech. WLCW reserves the exclusive right and sole discretion to enact modifications to the WLCW lines of affiliation.
17. HEALTHe Program - WLCW has developed a program known as the HEALTHe Program (“ HEALTHe”). Components of the HEALTHe Program may encompass, but are not confined to:
  1. Health and nutritional guidance,
  2. Optimal utilisation of dietary supplements, and
  3. Strategies for weight management. The HEALTHe Program package may intermittently include, with some variations:
    1. Digital files,
    2. User Guide and Journal, and
    3. Assorted written materials concerning weight management and nutrition.
18. Upon purchasing any HEALTHe Program-related materials, you acknowledge and agree to the following terms:
  1. The HEALTHe Program offers guidance on weight loss management and health and nutrition intended solely to aid your personal weight loss endeavours and pursuit of a healthier lifestyle. However, it is not a medical entity, and its personnel cannot provide medical advice or diagnosis. Information within the HEALTHe Program or its associated website/s, should not be construed as medical advice or diagnosis. The information and reports generated should not be seen as a substitute for medical consultations, evaluations, or treatments. Before commencing the HEALTHe Program or utilising any related products, you should consult a physician, especially if you are a minor, pregnant, or have any health conditions (such as diabetes). Weight loss may induce physical changes necessitating medical monitoring.
  2. Recording any speaker discussing the HEALTHe Program is strictly prohibited. You also understand that creating any product referencing or related to the HEALTHe Program is not allowed.
  3. You agree not to produce, create, or develop any advertising or promotional materials pertaining to the HEALTHe Program.
  4. WLCW is under no obligation to sell products to you. If WLCW does sell products to you, you understand and accept that such transactions do not imply or guarantee future sales, as WLCW retains sole discretion over such sales, which may also be subject to agreements with other trademark owners governing manufacture, marketing, and distribution.
  5. You agree to indemnify, defend, and hold WLCW, its shareholders, officers, directors, parents, subsidiaries, managing agents, and other agents harmless from any and all claims, demands, actions, lawsuits, judgments, costs, expenses, and liabilities of any nature, including attorneys’ fees, arising from your breach of any terms outlined in this Agreement.
TERMINATION These Terms will take effect and bind you when you utilise the www.wlcw.com.au website or the Services, voluntarily provide us with any information about yourself, or indicate your agreement by following instructions placed on the www.wlcw.com.au website (e.g., buttons labelled “I Agree” or “I Accept”). There's no need to notify us if you decide to cease using the www.wlcw.com.au website or the Services. Your rights under these Terms will automatically and immediately end if you fail to fulfil your promises and obligations as stated herein.

Upon termination of these Terms or your use of the www.wlcw.com.au website and the Services, we retain the license rights granted to us for any Content uploaded or provided through the www.wlcw.com.au website. Despite this, our policy is to retain all information provided to us and stored in your Account for a reasonable period after Account termination. After this reasonable period, we may delete your information from our servers, except as required by law. If you wish to use the www.wlcw.com.au website or the Services after your Account is terminated, you may need to re-register and provide us with your information again.

In addition to other remedies, we reserve the right to limit, partially terminate, or suspend the Services and your Account, prohibit access to the www.wlcw.com.au website and Content, delay or remove any Content, and take technical and legal steps to prevent any visitors or Users from using the www.wlcw.com.au website if we believe they are causing problems or potential legal liabilities, infringing on the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For instance, WLCW will terminate a user's access to the www.wlcw.com.au website and the Services if, under appropriate circumstances, the user is found to be a repeat infringer. WLCW also reserves the right to determine whether Content violates these Terms for reasons other than copyright infringement, such as obscenity or excessive length. We may, at any time and without prior notice, in our sole discretion, remove such Content and/or terminate Your Account for submitting material in violation of these Terms.

You understand and agree that, in addition to the aforementioned reasons, WLCW reserves the right at all times to remove Content and/or terminate Accounts if we deem, at our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish, or in violation of the standards of excellence and professionalism that we uphold for the www.wlcw.com.au website. The terms of this Agreement, including Sections II(O), III, and IV, which are intended to survive the cancellation or termination of this Agreement based on their sense and context, shall indeed survive any cancellation or termination of this Agreement.
DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
1. No Warranties THE SERVICES, THE www.wlcw.com.au WEBSITE, THE PRODUCTS WE OFFER FOR SALE, AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WLCW AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WLCW AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE www.wlcw.com.au WEBSITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE SERVICES AND/OR THE www.wlcw.com.au WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. WLCW IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WLCW DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE www.wlcw.com.au WEBSITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE www.wlcw.com.au WEBSITE OR THE SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE www.wlcw.com.au WEBSITE OR THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY, OR REMOVE CONTENT, MEDIA, INFORMATION, OR ANY OTHER MATERIAL FROM THE www.wlcw.com.au WEBSITE OR THE SERVICES AND FROM THE OUTPUT OF THE www.wlcw.com.au WEBSITE OR THE SERVICES. Though we strive to enforce our Content-related rules with all of our users, including Registered Users, you may be exposed through the www.wlcw.com.au WEBSITE or the SERVICES to Content that violates our policies or is otherwise offensive. You use the www.wlcw.com.au WEBSITE and the SERVICES at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the www.wlcw.com.au WEBSITE if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the www.wlcw.com.au WEBSITE whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and are neither endorsed by us nor do they necessarily reflect our beliefs.
2. Limitation Of Liability USE OF THE WLCW SERVICES, THE www.wlcw.com.au WEBSITE, OUR PRODUCTS, AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL WLCW OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WLCW WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WLCW TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT OF YOUR SUBSCRIPTION FEES OR THE PURCHASE PRICE OF THE PRODUCTS PURCHASED BY YOU FROM US (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND WLCW RELATING TO THE PROVISION OF THE www.wlcw.com.au WEBSITE, THE SERVICES, AND ANY CONTENT, AND WLCW WOULD NOT PROVIDE THE www.wlcw.com.au WEBSITE OR THE SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE www.wlcw.com.au WEBSITE OR THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
3. Indemnification To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless WLCW, its officers, directors, employees, and agents, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal’ fees) arising from any of the following:
  1. your use of and access to the www.wlcw.com.au WEBSITE, the SERVICES, CONTENT, and/or our PRODUCTS,
  2. your violation of any term of these Terms,
  3. your violation of any third-party right, including without limitation any copyright, property, or privacy right, or
  4. any claim that your CONTENT caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the www.wlcw.com.au WEBSITE, the SERVICES, CONTENT, and/or our PRODUCTS.
MISCELLANEOUS MATTERS
1. Copyright - If you believe that Content or Third-Party Offerings accessible on the www.wlcw.com.au website violate your copyright, please contact us via email at admin@wlcw.tech.
2. Assignment - You may not transfer or assign these Terms, or any rights and licences granted hereunder, but WLCW may do so without restriction.Abuse - Please report any issues, offensive content, policy violations, or abuse to us at admin@wlcw.tech.
3. Abuse - Please report any issues, offensive content, policy violations, or abuse to us at admin@wlcw.tech.
4. Modifications to Terms - We reserve the right to change these Terms with notice to you. Such changes will become effective upon posting on the www.wlcw.com.au website or any of its associated websites. If you disagree with any changes, your only option is to stop using the www.wlcw.com.au website and the Services. Continuing to use them after such changes indicates your acknowledgment and acceptance of the revised Terms.
5. Modifications to Services - We may modify the www.wlcw.com.au website and/or the Services at any time without notice. If you disagree with any changes, your sole recourse is to discontinue use. Continued use following such changes indicates your acknowledgment and satisfaction with the modified Services. We also reserve the right to discontinue the www.wlcw.com.au website and/or the Services at any time without notice, and we won't be liable to you or any third party for doing so.
6. General Agreement -
  1. You agree to adhere to all applicable laws, rules, and regulations governing your use of the www.wlcw.com.au website, the Services, our products, and Content. If you're outside the United States or a national of another country and choose to provide information, upload Content, or register an Account with WLCW, you acknowledge and consent to the processing and transfer of information in the United States. By using the www.wlcw.com.au website, you agree that your information may be used and subject to U.S. privacy laws.
  2. These Terms, along with the PRIVACY POLICY, any other terms referenced herein, and legal notices on the www.wlcw.com.au website, constitute the entire agreement between you and WLCW regarding the www.wlcw.com.au website and the Services.
  3. No waiver of any term of these Terms shall be deemed a continuing waiver of such term or any other, and WLCW's failure to assert any right or provision under these Terms shall not constitute a waiver.
  4. If any provision of these Terms is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  5. You agree to receive emails from WLCW and others regarding the business, including updates, product promotions, motivational material, and other information.
  6. The terms of this Agreement shall not favor either party due to the drafting party. Paragraph and section captions are for convenience and not for interpretation.
  7. This Agreement does not create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties, as you are an independent business owner, not a representative of WLCW.
7. Copyright Act -
  1. We adhere to the regulations stipulated in the Copyright Act 1968 and subsequent amendment Act 154 in 2020. Should you have any grievances concerning material posted on the Service, you may contact our Designated Agent at the following address: Weight Loss Coaching Works 7 Hoyle Avenue Castle Hill NSW Australia 2154 Email: admin@wlcw.tech
    
    Any notification alleging that materials hosted by or distributed through the Service infringe intellectual property rights must contain the following details:
    1. an electronic or physical signature of the individual authorised to act on behalf of the copyright or other right being infringed;
    2. a delineation of the copyrighted work or other intellectual property you assert has been infringed;
    3. a specification of the material you claim is infringing and its location on the Service;
    4. your address, telephone number, and email address;
    5. a statement from you affirming that you hold a genuine belief that the utilisation of the materials on the Service, which you are contesting, is not sanctioned by the copyright owner, its agent, or the law; and
    6. a declaration from you attesting to the accuracy of the above information in your notice and confirming, under penalty of perjury, that you are either the copyright or intellectual property owner or are authorised to act on their behalf.
  2. Repeat Offenders. WLCW will expeditiously terminate, without prior notice, the accounts of users identified by WLCW as "repeat offenders." A repeat offender is defined as a user who has received notification of infringing activity on more than two occasions and/or has had Content removed from the Service on more than two occasions.

Updated March 12, 2024

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