TERMS AND CONDITIONS
BY VISITING THE LEAN BODY COACH, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using THELEANBODYCOACH.COM, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to [The Lean Body Coach and NT Fitness and Nutrition Pty Ltd] (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of providing health and fitness related information (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
Information provided on the Site is not a substitute for medical advice or counselling.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, the Company may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as Stripe and PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us on [email protected] with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. Each of our programs have their own refund policy. Please refer to the specific product page to review the refund policy.
In the event that you decide that program did not work for you, within 7 days of purchase or course start date, contact our support team at [email protected] and let us know you’d like a refund.
We will NOT provide refunds more than 7 days following the date of purchase. After day 7, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 7 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by NT Fitness and Nutrition Pty Ltd. To further clarify, we will not provide refunds after the 7th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Should you need to request a refund due to medical reasons for our exercise program, please provide us with a doctor’s certificate stating that you are unable to perform physical exercise. Simply email your doctor’s note to us within 7 days of purchase or course start date, contact our support team at [email protected] and let us know you’d like a refund.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
In the case where a purchase error is made please contact us via [email protected] to discuss a resolution.
By placing an order with the Company, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at the Company Pty Ltd for the sale and supply of any products. None of these terms & conditions affects your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
The nutrition guidelines in any of our products are not formulated to suit any nutrient deficiencies, allergies or any other food-related health problems. The fitness guidelines in any of our programs are not formulated to treat any medical condition or injury. Please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.
The Lean Body Formula and Lean Body Accelerator products are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, you may apply to partake in the 10-week Lean Body Accelerator Mentoring program http://www.theleanbodycoach.com/lean-body-accelerator/ where we can tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing any of our programs.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of [STATE], exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good-faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Brisbane, Australia and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written
agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: May 2020