1. Alevia terms and conditions of registration

The Alevia 12 Week Program (The Program) and the Alevia Membership Website (The Website) is owned and operated by the Trustees for the Alevia Medical Weight Loss Trust (ABN 47 936 946 061) of 374 Mountain Highway Wantirna 3152 (Alevia, we, us, our).

By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside). By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

2. Payment and refunds

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order.

Our subscription fee and other charges are in AUD and are GST inclusive, where applicable. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST. 

2.1 Membership

2.1.1. Your membership will continue until terminated. To use the service you must have Internet access and a compatible device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).

2.1.2. We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by logging in to the growthmasterclass.co website, and viewing profile information.

2.2 Billing and Cancellation

2.2.1. Billing Cycle. The membership fee for the service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method as specified. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorise your Payment Method in anticipation of membership or service-related charges through various methods, including authorising it for up to approximately one month of service as soon as you register. If you signed up for the service using your account with a third party as a Payment Method, you can find the billing information about your membership by visiting your account with the applicable third party.

2.2.2. Payment Methods. To use the service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

2.2.3. Cancellation. You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for the service using your account with a third party as a Payment Method and wish to cancel your membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the service through that third party. You may also find billing information about your membership by visiting your account with the applicable third party.

2.3.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

2.3     12 Week Program Payments and Refunds 

To the extent permitted by law, including subject to any rights you may have under the Australian Consumer Law:

2.3.1 all fees are non-refundable and are non-transferable, unless:

1. during the period in which you have paid for access to our service, the health care practitioner (doctors, dietitian or exercise physiologist) is not available, and no alternative practitioner is available to provide care.   In this circumstance, a pro rata refund may be granted upon written request by email at reception@alevia.com.au. 
2. you have an early termination right in accordance with your subscription;
3. you provide us with evidence of extenuating circumstances which prevent you from participating in your subscription (which may include illness or compassionate circumstances), and we decide to issue you with a refund in our sole discretion; or
4. we agree to issue you with a refund in accordance with clause 8 below.

2.3.2. You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your subscription with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.

2.3.3. All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and if you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full 12 weeks).If Alevia decides to terminate your subscription because you are not up to date with your subscription payments, you will not be granted a refund and must immediately pay Alevia the fees for the remaining amount of your subscription.

3. Conditions of use of the Program and Website 

Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime, 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.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

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.

The Alevia Support Crew includes medical, dietitian and fitness experts. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes and of a general nature only. All members will be directed to their medical practitioners for specific medical advice. 

Nutritional Information

Nutritional information provided on the Website is provided by our qualified dietitians. 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. Alevia or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.

Fitness Level

You require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime 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. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

• pregnant women and women who are breastfeeding or who are trying to conceive a child;
• persons with any on going physical condition such as:
  • persons suffering from cancer or other long term illness;
  • persons with liver disease, kidney disease, or renal failure,
  • persons with eating disorders;
  • persons with diabetes, blood pressure or cholesterol issues;
• elderly persons;
• persons recovering from or recently recovered from illness or injury; and
• persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Quality of the Website

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at reception@alevia.com.au We may investigate the claim and take appropriate action, in our sole discretion.

Non Alevia services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the Alevia management team. If in the opinion of the Alevia members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Alevia reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Consumer rights

Under the Australian Consumer Law we guarantee that the services we supply are provided with due care and skill, are reasonably fit for any specified purpose, and are provided within a reasonable time.

Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

Terms Implied by Law

All implied guarantees, warranties and conditions of any kind in connection with the website and its contents or our services are expressly disclaimed. Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our liability for that breach under the relevant law, our liability will be limited to

1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services

Limitation of liability

Indirect and Consequential Loss

To the extent permitted by law, and without limiting any non-excludable consumer rights you may have, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with these terms and conditions (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under these terms and conditions up until and including the date the cause of action accrued.

The limitations of liability set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

4. Indemnity

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 was caused or contributed to by any negligent or wilful act or omission by us.

5. Intellectual Property

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

1. sharing the content of this Website or your account with other persons;
2. publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
3. using the logo or trade marks of this Website, 
4. registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
5. systematic downloading or “scraping” of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

1. the frequency and nature of any downloads; and
2. the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

6. User-Generated Content

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

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

Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither Alevia nor you may be able to control the further disclosure and publication of that User Content.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

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.

You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

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.

If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at reception@alevia.com.au

7. Permitted Use

We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

1. you are legally responsible for all User Content you submit;
2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
4. you will not:
   1. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
   2. bypass (or attempt to bypass) any security mechanisms imposed by the Website;
   3. harvest or collect email addresses, photographs or personal information of other users;
   4. impersonate any person or entity;
   5. post or transmit false or misleading material or make any form of misleading or deceptive representation;
   6. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
   7. exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
   8. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
   9. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
   10. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

8. Personal information collection notice

In registering for access or using this Service, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. 

Our Privacy Policy can be viewed in full here at http://www.alevia.com.au/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

9. Severance & termination

Alevia may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

10. Survival

The terms underneath the following headings survive the termination and expiry of this agreement: “terms implied by law”, “indirect and consequential loss”, “total liability”, “indemnity”, “intellectual property” and “user-generated content”.

11. Governing law

These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.