Terms &
Conditions

1. About the Website

1.1. Welcome to www.lifecyclewellness.com.au (the 'Website'). The Website provides you with an opportunity to read information, browse and purchase service packages that may be listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Services').

1.2. The Website is operated by Life Cycle Wellness. Access to and use of the Website, or any of its associated Products or Services, is provided by Life Cycle Wellness. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.3. Life Cycle Wellness reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you refresh this page and keep a copy of the Terms for your records.

2. Acceptance of the Terms

 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Life Cycle Wellness in the user interface.

 3. Using the Website

 3.1. As part of your continued use of the Services or the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:

 (a) an email address

 (b) preferred username

 (c) a mailing address

 (d) a telephone number

 3.2. You warrant that any information you give to Life Cycle Wellness in the course of using the Website will always be accurate, correct and up to date.

 3.3. You must not use the Website if:

 (a) you do not have legal capacity to form a binding contract with Life Cycle Wellness; or

 (b) you are a person barred from using the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a User

 4.1. As a User, you agree to comply with the following:

 You will use the Website only for purposes that are permitted by:

 (a) the Terms;

 (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

 (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Life Cycle Wellness of any unauthorised use of your password or email address or any breach of security of which you have become aware;

 (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Life Cycle Wellness providing the Services;

 (f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

 (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Life Cycle Wellness for any illegal or unauthorised use of the Website; and

 (h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In purchasing Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through Paypal or Stripe

(the 'Payment Gateway Provider')

In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

5.3. Following payment of the Purchase Price being confirmed by Life Cycle Wellness, you will be issued with a receipt to confirm that the payment has been received and Life Cycle Wellness may record your purchase details for future use.

5.4. There will be no refunds on services and courses. All sales are final.

5.5 All nutrition consultations will be paid in full 48 hours before the consultation. In the event you are unable to make the appointment, 48 hours notice is required. The consultation will be rescheduled. No refunds will be provided. In the event of an emergency, Life Cycle Wellness at their discretion might offer a refund.

5.6 By purchasing the courses, you knowledge you have spoken to your GP or medical professional and that you are able to participate in the exercises within the course.

 6. Warranty

 6.1. Life Cycle Wellness’ Products come with guarantees that cannot be excluded under the Australian Consumer Law.

 6.2. In order to make a Warranty Claim during the Warranty Period (within 30 days of date of purchase) you must provide proof of purchase to Life Cycle Wellness showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice by email at info@lifecyclewellness.com.au

 6.4. Where the Warranty Claim is accepted then Life Cycle Wellness will, at its sole discretion, either repair, replace or re-deliver any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

 6.5. The Warranty shall be the sole and exclusive warranty granted by Life Cycle Wellness and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

 6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

 6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8. Copyright and Intellectual Property

 8.1. The Website, the Services and all of the related products of Life Cycle Wellness are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Life Cycle Wellness or its contributors.

 8.2. Life Cycle Wellness retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

 (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Life Cycle Wellness; or

 (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

 (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

 8.3. You may not, without the prior written permission of Life Cycle Wellness and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

Life Cycle Wellness takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to Life Cycle Wellness’ Privacy Policy, which is available on the Application.

 10. General Disclaimer

 10.1. You acknowledge that Life Cycle Wellness does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

 10.2. Life Cycle Wellness will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

 10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 10.4. Subject to this clause, and to the extent permitted by law:

 (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

 (b) Life Cycle Wellness we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 10.5. Use of the Website, the Services, and any of the products of Life Cycle Wellness (including the Delivery Services), is at your own risk. Everything on Website, the Services, and the Products of Life Cycle Wellness, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Life Cycle Wellness (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Life Cycle Wellness) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

 (c) costs incurred as a result of you using the Website, the Services or any of the Products;

 (d) the Content or operation in respect to links which are provided for the User's convenience;

 (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

 (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

 11.1. Life Cycle Wellness is not liable for any loss or damage, however caused (including without limitation by our negligence) suffered or incurred by you in connection with this agreement.

 However, we do not exclude or limit liability:

 (a) for losses that are covered by an insurance policy;

 (b) for losses resulting from fraud, wilful default or abandonment; or

 (c) for our negligence or negligent omission which causes you personal injury or death.

11.2. For clarity, and without limiting this clause, the parties agree that this limitation of liability applies in connection with a breach of this agreement, anticipated breach of this agreement or other conduct regardless of the seriousness or nature of that breach, anticipatory breach or other conduct.

 11.3. We exclude any liability for consequential losses, whether direct or indirect (and including but not limited to loss of profits and losses as a result of negligence) that were in contemplation of the parties at the time of contracting. Nothing in this clause will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be capable of exclusion under applicable law. Our liability for any claim that is not able to be excluded, is limited to the re-supply of the services, or the cost of having the services re-supplied.

 11.4. You expressly understand and agree that Life Cycle Wellness, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 11.5. Life Cycle Wellness is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Life Cycle Wellness, by third parties or by any of the Services offered by Life Cycle Wellness.

 11.6. You acknowledge that Life Cycle Wellness does not provide the Delivery Services to you and you agree that Life Cycle Wellness will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

 12.1. The Terms will continue to apply until terminated by either you or by Life Cycle Wellness as set out below.

 12.2. If you want to terminate the Terms, you may do so by:

 (a) notifying Life Cycle Wellnesst any time; and

 (b) closing your accounts for all of the Services which you use, where Life Cycle Wellness has made this option available to you.

 Your notice should be sent, in writing, to Life Cycle Wellness via info@lifecyclewellness.com.au

 12.3. Life Cycle Wellness may at any time, terminate the Terms with you if:

 (a) you have breached any provision of the Terms or intend to breach any provision;

 (b) Life Cycle Wellness is required to do so by law;

 (c) the partner with whom Life Cycle Wellness offered the Services to you has terminated its relationship with Life Cycle Wellness or ceased to offer the Services to you;

 (d) Life Cycle Wellness is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or

 (e) the provision of the Services to you by Life Cycle Wellness is, in the opinion of Life Cycle Wellness, no longer commercially viable.

 12.4. Subject to local applicable laws, Life Cycle Wellness reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Life Cycle Wellness’ name or reputation or violates the rights of those of another party.

 12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Life Cycle Wellness have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

 13.1. You agree to indemnify Life Cycle Wellness, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

 (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

 (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

 (c) any breach of the Terms.