Terms and Conditions

One to One Health Solutions Pty Ltd Terms and conditions

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern 1to1healthsolutions.com.au’s relationship with you in relation to your use of this website. If you do not accept these terms and conditions, please discontinue using the Services.

 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to 1to1healthsolutions.com.au (One to One Health Solutions) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

 

1. REGISTRATION AND MEMBERSHIP

Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

 

Registration as a premium member covers a set time frame, and automatic renewal of your membership occurs at the end of your billing cycle (ie monthly or annually). This is an automated process and it is the responsibility of the user to cancel their membership if they wish to cancel their premium membership status. Failure to pay the amount due for any period will result in limited access to the Website to the same state as a free user. Access to programs/services restricted to premium users will recommence once payment for that period is made. It is the responsibility to update payment details to ensure there is no disruption to your services.

 

If you breach these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that One to One Health Solutions is entitled to suspend or terminate your use of the Website or membership at any time if One to One Health Solutions reasonably considers that you have brought, or may bring, the reputation of One to One Health Solutions or its members into disrepute.

 

2. AMENDMENT OF TERMS

 

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and 1to1healthsolutions.com.au’s rights and obligations to each other. In the event that major changes to these terms occur and you do not agree with the changes, then prior to you accessing your account you may notify us by emailing admin[at]1to1healthsolutions.com.au and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.

 

3. LIMITATION OF LIABILITY

 

It is an essential pre-condition to you using our website that you agree and accept that One to One Health Solutions is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime or make modifications to your diet, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

 

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. The programs presented consist of exercise and nutrition information and general recommendations. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for your purposes and obtain appropriate professional medical advice. It remains your responsibility to consult with a medical professional to determine whether a program/service is safe, appropriate and likely effective for you and your specific health needs. Individual results may vary with any exercise and nutrition plan. You should consult with a medical professional, share the program with them to enable your medical professional to best advise suitability for you and your current health needs.

 

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury. One to One Health Solutions does not and will not provide, prescribe or consult any of its members on an individual basis for generic programs made available on the website. All of the programs available are generic in nature and rely on user entered data. This may mean that the program that you follow may not be suitable for you. It is your responsibility to confirm suitability of any program with your medical professional to ensure the program is suitable and safe for you to complete.

 

Information Provided on Website

All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

 

Nutritional Information

Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 nutrient database. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. One to One Health Solutions does not give any warranty that the information is free from error or suitable for your purposes. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. Some of the nutritional data are sourced from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.

All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional dietary advice or treatment. In addition, the products themselves including any food supplements or recommendations are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.

 

It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated recommendations or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither One to One Health Solutions or its employees may be held responsible for any claim made against them.

 

You should also consult a physician or medical practitioner before taking any dietary supplement, especially if you are pregnant or nursing.

 

Recommendations and test results

Components of the website and programs may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals to confirm or interpret the results. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the website.

 

Fitness requirements and exercise

 

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in these exercise or exercise programs, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge One to One Health Solutions, all its instructors, commentators and any associated with the 1to1healthsolutions.com.au website from any and all claims or causes of action, known or unknown.

 

1to1healthsolutions.com.au and its contents are made available without warranties or guarantees of any kind and One to One Health Solutions, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

 

You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.

 

All information contained on One to One Health Solutions, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.

 

By using our services, you agree that One to One Health Solutions is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold One to One Health Solutions liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, recommendations, materials or techniques used or provided by One to One Health Solutions.

 

All our information on the website is intended to assist you and does not in any way, nor is it intended to substitute professional advice. Results are not guaranteed and One to One Health Solutions takes no responsibility for your actions, choices or decisions

 

 

4. COMPETITION AND CONSUMER ACT

 

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), 1to1healthsolutions.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

 

You must be over 18 years of age to use this website and to purchase any goods or services.

 

5. DELIVERY OF GOODS

 

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of One to One Health Solutions.

 

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

 

6. RETURNS AND REFUNDS

 

1to1healthsolutions.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

 

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of One to One Health Solutions.

 

7. LINKS TO OTHER WEBSITES

 

1to1healthsolutions.com.au (or user content) may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between 1to1healthsolutions.com.au and the owners of those websites. 1to1healthsolutions.com.au takes no responsibility for any of the content found on the linked websites.

 

1to1healthsolutions.com.au’s website may contain information or advertisements provided by third parties for which One to One Health Solutions accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

 

8. USER GENERATED CONTENT

This website may allow you to publicly post information, photos, content, user submissions and/or upload materials to the website or to external websites affiliated with One to One Health Solutions including social media group pages. By submitting, updating, transmitting, or otherwise making available any user content on this website or external websites affiliated with One to One Health Solutions you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit user content to the website or to external websites affiliated with One to One Health Solutions. You indemnify us against any third-party claims arising from the display of this user generated content. By producing user generated content, you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide license of the intellectual property rights in the user content to use, modify, copy, sub-licence, distribute, reproduce, transmit, publish and/or broadcast, communicate and display in any manner and by any means which we may determine appropriate.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

 

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

 

Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

 

 

9. DISCLAIMER

 

To the fullest extent permitted by law, 1to1healthsolutions.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. 1to1healthsolutions.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

 

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of: a) your breach of these terms and conditions; b) your use of, or access to the website; and c) any failure to comply with any law, except that you are not required to indemnify us for any losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were caused or contributed to by any negligent or wilful act or omission by us.

 

 

It is your sole responsibility and not the responsibility of 1to1healthsolutions.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

10. YOUR PRIVACY

 

At One to One Health Solutions, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

 

You may change your details at any time by logging into your membership account. All information we receive from our customers is protected by our secure servers and cloud computing solutions. 1to1healthsolutions.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

 

11. THIRD PARTIES

 

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

 

12. DISCLOSURE OF INFORMATION

 

One to One Health Solutions may be required, in certain circumstances, to disclose information in good faith and where One to One Health Solutions is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

 

13. EXCLUSION OF COMPETITORS

 

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of One to One Health Solutions. One to One Health Solutions expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then One to One Health Solutions will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. One to One Health Solutions reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

 

14. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

 

One to One Health Solutions expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only.

 

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

15. WHOLE AGREEMENT

 

These terms and conditions represent the whole agreement between you and One to One Health Solutions concerning your use and access to 1to1healthsolutions.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

16. EXCLUSION OF UNENFORCEABLE TERMS

 

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

 

JURISDICTION

 

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and One to One Health Solutions that results in litigation then you must submit to the jurisdiction of the courts of Victoria.