Last updated on 9 January 2024.
Welcome to Terms of Use and Service for the CSIRO Total Wellbeing Diet website. This website is specifically directed to, and is for use by, residents of Australia only.
For residents of the United Kingdom, please view terms and conditions here instead.
Important note: Please read these Terms of Use and Service carefully as you automatically agree to them when you use this Website, register a user account with us and/or purchase a subscription/membership to a Program or other goods or services from us. There are important provisions in these Terms including provisions which:
This Website also provides important information regarding your diet, health and wellbeing. Before you decide to undertake one of the CSIRO Total Wellbeing Diet online programs, we recommend you seek the advice of a healthcare professional to confirm its suitability for you.
This website is owned and operated by SP Health Co Pty Ltd (ACN 123 248 046) trading as Digital Wellness under the domain name “www.totalwellbeingdiet.com/au” together with the Total Wellbeing Diet App (together referred to as the Website), under licence from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and the Glycemic Index Foundation (GIF) and each of their affiliates.
Unless we indicate otherwise, if you use or access this Website and/or register a user account and purchase a digital subscription from us to become a member of one of our Programs that are referred to in the Website or purchase a Product or other goods or services from us, you accept these Terms of Use and Service (Terms) and agree to be bound by them.
If these Terms are inconsistent with any special terms that have been agreed to by us in writing, the provisions of the special terms will apply to the extent of the inconsistency.
If you do not accept these Terms, you are not authorised to use our Website and you must immediately cease using it.
In order to access and use many features of the Website, you must register a user account and purchase a digital subscription from us to become a member of a Program. You must also keep your account information complete, accurate and up-to-date as set out in these Terms.
In these Terms:
We, us or our means SP Health Co Pty Ltd (ACN 123 248 046) trading as “Digital Wellness”.
You or your means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website, registers an account with us, or purchases products or services from us.
Affiliates means any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with us, CSIRO or GIF, including without limitation, their respective subsidiaries and affiliates.
Program means each of the CSIRO Total Wellbeing Diet online programs that are described on the Website, being the:
Product means any goods or products that are supplied by us which are supplementary to a Program or described on the Website from time to time.
These Terms comprise the following:
We may modify these Terms from time to time. When we make a material change to these Terms, we will post the revised terms on the Website and update the “Last Updated” date on the bottom of these Terms. We will provide you with 30 days’ advance notice of any material changes by email before they become effective. If you disagree with the revised Terms, you may terminate or cancel your user account and subscription/membership with us as provided in these Terms (see clause 3 which explains your right to a refund of fees and charges), discontinue use of this Website, and/or cease all further purchases of products or services. If you continue to be a member, your access or use of the Website or your purchase of products or services from us after the revised Terms become effective will constitute your acceptance of the revised Terms. We encourage you to review the Terms regularly, including before each purchase is made by way of this Website.
We reserve the right to change the services provided on the Website and discontinue, modify or alter any aspect of this Website, including without limitation:
If we make any material changes to the Programs that are offered to members on the Website (for example, by removing a key feature or functionality), we will provide you with 30 days’ advance notice by way of a notice on the Website, unless the changes are to prevent abuse or misuse of the Website or Programs or to respond to legal requirements, in which case the amendments will be effective as soon as they appear on the Website. If you do not agree with any material changes we make, you may terminate or cancel your user account and subscription/membership with us (see clause 3 which explains your right to a refund of fees and charges). If you continue to use this Website following any change taking effect, you will be deemed to have accepted all changes.
While we use reasonable endeavours to ensure that the Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. From time to time, we may need to undertake maintenance or upgrades to the Website or parts of the Website or our systems and there may be scheduled or unplanned outages to parts of the Website or other outages beyond our reasonable control which may affect or suspend your ability to access the Website and our services. You may also be required to upgrade software to continue using parts of the Website. If you decline an upgrade or do no upgrade, you may not be able to use or access parts of the Website.
Automatic renewal of digital subscriptions/membership to our Programs
You will receive at least 30 days’ notice via program email notification that your membership is due for an automatic renewal. At this time, you may choose to:
Please call our Customer Service Team on 02 8294 8260 or reach out to us by way of the Website if you would like to discuss this further.
Unless you advise us that you do not want your subscription/membership to be renewed during the 30 day notice period, your digital subscription to a Program will automatically renew at our standard subscription rates and for our standard renewal period (monthly)(as detailed on our Website) at the start of the next relevant billing period.
If your subscription/membership renews, we will automatically process the payment (by credit card or any other form of payment which we may accept from time to time) at the start of the next relevant billing period.
If we cannot process the payment for this renewal period, we reserve the right to cancel or terminate or temporarily suspend your password, user account or subscription/membership.
Our rights to terminate or suspend
Termination on notice: We may terminate your user account and subscription/membership without cause and for any reason (other than for the causes set out below) by giving you 30 days’ advance notice by email. If we do so, we will provide you, within a reasonable period of time, with a refund of all fees and charges which you have pre-paid and which relate to the period after termination as well as a refund of any registration fees that you have paid to become a member.
Immediate termination: We may also immediately cancel or terminate or temporarily suspend your password, user account and subscription/membership, and/or block your access to this Website (or any part of the Website) (without you having any right to a refund) if:
In the case of breaches of non-material Terms or where otherwise reasonable, you will be given reasonable notice of any actions that we propose to take and an opportunity to remedy the breach (if it is capable of remedy), unless such notification would:
Your rights to terminate
Termination on notice: You may also terminate or cancel your user account and subscription/membership for any reason by giving us 30 days’ advance notice by email or cancelling directly in the Program Account Settings in which case you agree that to the extent permitted by law and subject to the exceptions detailed below*:
(*Exceptions to fees and charges being non-refundable: Notwithstanding the above, you may be entitled to a obtain a refund from us for any unused portion of a subscription (and any registration fees that you have paid) if one of the following exceptions applies to you (in which case we may require evidence to be provided to us to confirm these matters):
Immediate termination: You may also immediately cancel or terminate your user account and subscription/membership if:
in which case you will be entitled to a refund of the fees and charges you have pre-paid to us that relate to the period following termination and a refund of any registration fees that you have paid.
To terminate or cancel your user account and subscription/membership or to be considered for a refund, please call our Customer Service Team on 02 8294 8260 or reach out to us by way of the Website. Please allow up to 5 business days for a termination or cancellation request to be processed.
Consequences of termination
When your user account and subscription/membership is cancelled or terminated for any reason,, we may immediately deactivate your user account and all related information and/or files in your user account and/or block any further access to your user account and this information and/or files as well as this Website (or parts of the Website).
The current fees and charges (both fixed (like registration or joining fees) and periodic) and prices (Fees) for digital subscriptions/membership to our Programs, our Products and any other goods or services supplied by us from time to time will be as quoted on the Website, as may be updated from time to time. Fees are quoted in Australian dollars and are inclusive of any applicable taxes including GST (where applicable), except where otherwise stated.
Each time you decide to purchase a digital subscription from us to become a member of any of the Programs and/or a Product or any other goods or services, you agree to pay using a valid credit card that you have nominated in your user account (or other form of payment which we may accept from time to time such as PayPal or AfterPay) the Fees for the digital subscriptions/membership to our Programs at the payment interval option that you select (being up front in full or monthly ) and/or the Fees for the Product or any other goods or services that you wish to purchase.
We may from time to time run promotional offers or refund programs as outlined on our Website.
Billing/subscription data
For the purposes of your use and purchase of our Programs, Products or other goods or services, including identification and billing, you agree to provide us with true, accurate, current and complete information as required by us and outlined in full on our Website (Registered User Data) including your complete name, postal address, telephone/mobile number, email address and applicable billing information (e.g., credit card number, expiration date and CVV) and any other information that may be reasonably required by us.
You agree that pursuant to the Privacy Policy, we may share your Registered User Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Registered User Data and to keep it accurate at all times.
Fee changes
We reserve the right to revise or change the Fees, or to introduce new Fees, from time to time. Where we decide to do so, we will provide members with 30 days’ advance notice of the changes by email and by way of a notice on the Website. Posting on this Website or such other means as we may deem appropriate from time to time.
If you do not agree with these changes, you may terminate or cancel your user account and subscription/membership with us during the 30 day notice period (see clause 3 which explains your right to a refund of Fees). If you continue your subscription/membership after the changes take effect, you will be deemed to have accepted the changes to the Fees.
Where we consider it is reasonable and appropriate for us to do so, we may limit or control the availability of a Program and/or use of a Product based on factors such as demographic, geographic, health or other criteria as we may reasonably establish from time to time.
You understand and agree that based on this criteria:
Where we terminate your subscription to a Program pursuant to this clause and you have already paid us Fees for the Program, you will be entitled to a refund of the Fees you have pre-paid that relate to the period following termination as well as a refund of any registration fees. Where we refuse to supply you with a Product goods or services pursuant to this clause and you have already paid us Fees for these, you will be entitled to a refund of these Fees.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided on this Website for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. You understand that only you may use your user account and password, and that your use of the Website is only valid for your personal, non-commercial use and may not be shared with others.
You acknowledge that this Website contain information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials)(Content) that is protected by intellectual property laws, including copyright, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. We own copyright or other property rights in the selection, coordination, arrangement and enhancement of such Content. All trade marks appearing on this Website are trade marks of their respective owners.
Our partners, suppliers, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. In particular, the CSIRO logo and name and GIF logo and name are owned by CSIRO and GIF respectively and are used by us on this Website under licence. By making them available on this Website, neither we nor CSIRO or GIF are granting you any licence to utilise those proprietary logos, service marks or trade marks.
You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
We are committed to protecting your privacy and security in accordance with the Privacy Policy, which is incorporated into these Terms by reference.
You consent to the collection and use of your personal information in accordance with the Privacy Policy.
If you choose to register a user account with us and subscribe to become a member of a Program, you become a registered user of this Website. Whilst you are a registered user of this Website, you agree that:
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the Postings), are the sole responsibility of the person who made the Postings. This means that you are responsible for all the Postings that you post, email or otherwise transmit to, on or through this Website. We do not control the Postings of others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of this Website (as described below), you understand that by using this Website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. , To the maximum extent permitted by law, we are not liable in any way for any Postings (other than to the extent Content has been created by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this Website.
You agree not to use this Website (including any forums on the Website) to do, or attempt to do, any of the following:
Your access to and use of this Website (including any forums) and ability to contribute to discussions on the Website is on the basis that you comply with the community standards and conduct guidelines set out above. We have the right to revoke your access and use of all or a portion of this Website and/or take any other measures that we consider to be reasonable and necessary to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any forum.
Except as may be permitted by our Privacy Policy, all communications on our Website (including any forums), including, but not limited to, message board communications, are public and not private communications. We reserve the right to, but are under no obligation to, monitor any areas of this Website (including any forum) for adherence to the community standards and conduct guidelines set out above or for any other reasonable purpose. You acknowledge that, by providing you with the ability to distribute Postings on the Website, we are acting as a passive conduit for such distribution and we are not endorsing these Postings or undertaking any obligation or liability relating to any Postings or activities on the Website (other than to the extent Content has been created by us). We reserve the right to remove, without notice, any Posting , but we have no obligation to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Website and we are not liable to you for any loss or damage you incur if Content that you post or transmit to our Website is removed.
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content (collectively, the Submissions), you grant us and our successors and assign a royalty-free, perpetual, irrevocable, non-exclusive right and licence (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any Submissions (in whole or in part and with or without the use of your name or any other form of recognition of the source or authorship of any such Submission) worldwide and/or to incorporate the Submissions or any of them in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trade marks and other intellectual, personal and proprietary rights (collectively, the Rights) that may exist in such Submissions, for any purposes, commercial, advertising or otherwise. You irrevocably consent to our exercise of these rights notwithstanding any moral rights you may have in relation to a Submission and your consent is given for the benefit of us, CSIRO, GIF and any Affiliates.
You also irrevocably and unconditionally consent, to the maximum extent permitted by law , to us, CSIRO and GIF and the Affiliates or any person authorised by any of us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world:
You also warrant that:
You further acknowledge that we, CSIRO, GIF and Affiliates and our successors and assigns are entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without being obliged or required to give or pay any compensation to the provider of the Submissions or any third party holder of any Rights. You also permit any user to access, display, view, store and reproduce any Submission that you have made available on the Website for personal use.
Subject to the above, the owner of a Submission placed on the Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions are subject to any obligation of confidence on our part and we are not liable for any use or disclosure of any Submissions.
This Website is not for use by any person less than eighteen (18) years of age (each a Child) and is not directed to Children. This Website is for use and access by individuals who are 18 years and over.
These Terms apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. We encourage you to read the terms and conditions of use and privacy policy guidelines of any other websites before using or accessing these websites. You acknowledge and agree that we are not responsible for the availability of any external websites or resources, and we do not endorse (and we are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources. You also acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
This Website may contain contests, invitations to participate in contests or surveys that request you to send into us or post on this Website material or information about yourself. Each contest or survey will have its own rules, and you must read and agree to all those rules prior to entering into any such contest or responding to any survey.
Participation in these contests or surveys is completely voluntary and you can choose whether or not to disclose this information. Some of the information requested may be of a personal nature but there is no obligation to answer any or every question. In particular, submission of your email address will be optional. Information requested may include contact information (such as name and shipping address) and demographic information (such as post code, age, gender and marital status). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website. Large population demographics may be compiled and published using this data in a de-identified and de-aggregated form but no individual information will be disseminated.
We provide online dietary, health and wellbeing information and applications together with content published over the internet which is intended only to assist users with their personal weight loss or weight management goals. The Programs have been developed by the CSIRO and GIF, but the information contained on this Website is not intended to be, and does not constitute, medical advice and should not be interpreted as a substitute for consulting a healthcare professional for evaluation and treatment. We, CSIRO and GIF are not giving you or purporting to give you medical advice or a diagnosis and nothing contained in this Website should be construed as such. We strongly recommend that you consult with your healthcare professional before starting any diet or exercise regime and periodically whilst you are undertaking a regime.
This Website, the Programs and Products are intended for use only by healthy adult individuals. They are not intended for use by persons below the age of 18. Individuals who are pregnant, who have certain health conditions or illnesses (including those listed below) or who are taking prescription medicine may not be suitable candidates for undertaking a Program or using a Product and are specifically advised to seek the advice of a healthcare professional before they commence use of these and follow any modifications made to our Programs by their healthcare professional.
(The relevant health conditions include without limitation the following: people suffering from cancer, liver disease (e.g. cirrhosis), kidney or gastrointestinal disease (e.g. Crohn’s disease), renal failure, eating disorders, type 1 diabetes, type 2 diabetes, coeliac disease and malabsorption diseases, epilepsy, gall bladder disorder or stones, gout, thyroid disease (overactive), angina, chest pain (undiagnosed) or severe shortness of breath, cardiac arrhythmia, heart disease, heart attack, high blood pressure uncontrolled by medication, severe depression or who are taking medications that contain mono-amine oxidase inhibitors, lithium, anticoagulants (e.g. Warfarin) or who have undergone major surgery less than 3 months ago or who have had coronary bypass surgery or who are following a medically prescribed diet for a health problem or who are elderly or who have a low body mass index).
To the maximum extent permitted by law and subject to the rights you have under the Australian Consumer Law (in Schedule 2 of the Competition and Consumer Act 2010 (Cth)(ACL)), you acknowledge that:
To the extent permitted by law, we will not be responsible or liable for, and you release us from, any loss, damage or injury however caused or any consequential loss or damage arising from:
except to the extent that any loss, damage or injury is caused by our acts or omissions.
You assume all risk associated with your access or use of the Website, your use of participating in a Program or your use of a Product and you are responsible for making your own inquiries before commencing the same.
We acknowledge that you may have certain rights as a consumer under the ACL in relation to the goods or services (including the Programs) that we provide you that cannot be excluded. Nothing in these Terms is intended to limit these rights.
To the extent permitted by law, our liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise, in aggregate for all claims arising under or in connection with these Terms, must not exceed the total dollar amount paid by you to us to access or use the Website, subscribe to a Program or purchase any Products or other goods or services under the Terms.
To the extent permitted by law, neither you nor we will be liable for any loss, cost, damage or expense to the extent that it is for loss of use, production, profit, income, business, contract or anticipated saving, or for any delay (other than liquidated damages expressly provided for and limited in these Terms), financing costs or increase in operating costs or any other financial or economic loss financial loss or cost (whether similar to the foregoing or not, and whether suffered by a party itself or a result of a claim by a third party) or for any special, indirect or consequential loss or damage. For the avoidance of doubt, this includes without limitation any liability arising out of, or resulting from:
You acknowledge that, by undertaking a Program, you are doing so voluntarily and you are aware that there may be dangers and risks in participating in the Program including risks that may be caused by your own acts or omissions.
These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia and all disputes arising in connection with these Terms will be submitted to the jurisdiction of the courts of New South Wales.
Severability
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms, together with other documents incorporated by reference, are the entire written agreement between you and us relating to the subject matter covered by these Terms.
Assignment
We may assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice. These Terms will inure to the benefit of our successors, assigns and licensees.
No waiver
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Copyright claims
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and acting reasonably, suspend or terminate the rights of any user to use this Website (in part of full) who has infringed the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement or you are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement and we will investigate: The Copyright Infringement Officer, Digital Wellness Pty Limited, PO Box 1971, North Sydney NSW 2059, Australia.
Contact us
If you have any questions about these Terms, please email us.
These additional terms apply to members who:
in conjunction with our Online Program.
In subscribing to the Premium Program, participating in the Sessions or purchasing the Fast Start Products, you agree to the additional terms contained in clauses 20 to 25 (inclusive).
You acknowledge that:
You must provide a minimum of 24 hours’ notice to cancel or reschedule a Session, via the Premium section of the Website to avoid any penalties or charges (as are outlined on the Website).
You will be charged for any Session that you cancel or re-schedule with less than 24 hours’ notice. If you wish to cancel or re-schedule a Session with less than 24 hours’ notice, you must contact our customer support to do so.
If within a reasonable period of your first Session commencing (eg. 5 to 10 minutes), you are not satisfied with the service provided by your Coach, you may cancel the Session during that period. You must contact customer support immediately following cancellation of the Session to notify us of your decision so that we can arrange to change your Coach. All remaining purchased Sessions will then be completed by the new Coach allocated by us.
If you are more than 10 minutes late to a Session, this will be classed as a completed Session.
If you cancel or re-schedule a Session outside of the 24-hour cancellation notice period this will be also classed as a completed Session, unless we determine (at our sole discretion) that your cancellation or rescheduling arose due to a special circumstance or an emergency.
You consent to us:
You acknowledge that your personal information will be used by us in accordance with our Privacy Policy. In addition to the terms of the Privacy Policy, you acknowledge and agree that:
We are unable to accept change of mind returns for Fast Start Product for refund or exchange.
If the Fast Start Product you receive is faulty, damaged or has some other defect, or if the item you received is incorrect, please contact our Member Success Team [email protected] as soon as possible and provide the following:
Replacement orders will be processed and dispatched within a reasonable period of time and fulfilled in the same way as the shipping method for the original order.
If you are entitled to a refund, your refund will be returned in the same manner as your original payment method. Please note that processing of refunds can take some time due to varying processing times between payment providers.
Your consumer guarantee rights
If you are based in Australia, nothing in this returns policy excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Sch 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
Without limiting clause 1r of the General Terms, if the ACL applies to your purchase of an Fast Start Product, then the Fast Start Product comes with guarantees that cannot be excluded under the ACL. Under the ACL, for major failures with the Fast Start Product, you are entitled to choose a refund or replacement. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund. You may also be entitled to compensation for any other reasonably foreseeable loss or damage from a failure in the product.
Fast Start Products are designed for use with our Program. It is a formulated meal replacement product and is not to be used as a total diet replacement.
Fast Start Products are not suitable for pregnant or breastfeeding women or children under 18 years of age. If you are over 65 years of age, have any medical conditions or are taking any medication, please consult your healthcare professional before using the Fast Start Product.