Bupa Healthy Weight Trial Program
Last modified as of 4 September 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY
By using this Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). Unless inconsistent with the context:
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. If we change these terms and conditions, we will notify you. If you do not accept the change, you should cancel your membership with us. If you continue to use this Website following our notification of the change in terms and conditions, you will be deemed to have accepted the change.
The use of this Website is subject to important disclaimers, limitations of liability and indemnities, including regarding your health and which may affect your suitability to pursue your chosen regimen (“Regime”), which you should read carefully before using this Website.
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Total Wellbeing Diet website operated by SP Health Co Pty Ltd (ACN 123 248 046) (Trading as "Digital Wellness") under licence from the Commonwealth Scientific and Industrial Research Organisation (“CSIRO”) and the Glycemic Index Foundation (“GIF”) and each of their Affiliates (collectively, "we", "us" or "our"). For the purpose of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, SP Health. CSIRO or GIF, including, without limitation, their respective subsidiaries and affiliates; and “You”, “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.
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:
If we discontinue, modify or alter any aspect of this Website and you do not agree with the applicable change, you may cancel your membership with us. If you continue to use this Website following the relevant change, you will be deemed to have accepted that change.
You agree that any termination or cancellation of your access to, or use of, this Website in accordance with these Terms & Conditions may be effected without prior notice to you and without providing any reason for such termination. If you do not abide by the provisions of these Terms & Conditions, as amended from time to time, you acknowledge and agree that to the maximum extent permitted by applicable law:
We may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms");
Such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such.
We will notify you of any Additional Terms. If you do not accept the Additional Terms, you should cancel your membership with us. If you continue to use this Website following our notification of the Additional Terms, you will be deemed to have accepted the Additional Terms
By subscribing to or purchasing a Product, you agree as follows:
Each time you use or apply for our Fee-Based Products, you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. Unless you advise us otherwise in advance, your subscription to Fee-Based Products will automatically be renewed at our standard subscription rates and for our standard period (usually monthly or three-monthly) at the start of the relevant billing period. If you wish to purchase alternative Fee-Based Products at any time, your new Fee-Based Products will supersede your current Fee-Based Products at the start of the next billing period, unless we agree otherwise.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, you will immediately access the My Account feature of this Website and update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account, as well as for paying any amounts billed to your credit card by a third party which were not authorised by you.
In the event of your failure to satisfy limitations we set based on demographic, geographic, health and/or other similar criteria, or if we otherwise properly terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period in accordance with these Terms and Conditions, or if you cancel your subscription to one of our Fee-Based Products, you agree that the Registration Fee and the full Monthly Fees paid in advance by you for any month (or portion thereof) (regardless of whether you logged onto this Website or used the Fee-Based Product during that month) are non-refundable.
Either you or we may terminate or cancel your participation in the Total Wellbeing Diet program at any time by written notice to us. You understand and agree that to the maximum extent permitted by applicable law the withdrawal of your participation is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:
Upon withdrawal of your participation, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof).
If you cancel your participation in the Total Wellbeing Diet program within 5 days of the date you signed up to the Total Wellbeing Diet program, we will refund in full any payments you have made in relation to your participation in the Total Wellbeing Diet program (this excludes all physical products e.g. books). If you cancel at any other time, you will not be entitled to any refunds of payments you have made. If you have chosen to pay in weekly instalments and cancel at any other time you will be required to pay out the weekly payments until your subscription period is over.
The availability and use of the Product may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from participating in Total Wellbeing Diet and/or may terminate your subscription to our Product at any time based on these criteria. You understand that we may refuse to supply you with the Product at any time based on these criteria. For example, pregnant women, and individuals under the age of 18 may not be provided with the Product.
All materials on this Website, including but not limited to 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"), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found 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 on this Website by SP Health under licence. By making them available on this Website, neither SP Health, CSIRO nor GIF is granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions. 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 contains 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. All Content is protected under applicable laws andis owned or licenced by the owner for use on the Website. We own copyright or other property rights in the selection, coordination, arrangement and enhancement of all 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. 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.
If you elect to become a registered user of this Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website.
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 such Postings. This means that you are entirely responsible for all 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, you agree that we have no responsibility for 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. Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), to the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any Postings, 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) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):
Your privilege to use this Website (including the Forums) and to contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures 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 and without providing any reasons, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, message board communications, are public and not private communications. We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Submissions will be collected and may be used to improve the Content of this Website, to customise the Content and/or layout of our page for each individual participant and to notify participants about updates to this Website, and may be used by us to contact participants to respond to feedback. By submitting any such material, you give up any claim that any use of a Submission, or any part or derivative element of a Submission, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way SP Health, CSIRO or GIF or any Affiliate uses such material. We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to us or this Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that none of us is obligated to use any such ideas or materials and you have no rights to compel such use.
You also hereby irrevocably and unconditionally consent, to the maximum extent permitted by applicable law (either present or future), to each of SP Health, CSIRO and GIF and the Affiliates or any person authorised by any of them, 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 to SP Health and the Affiliates that:
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 eighteen (18) years or older.
This Website may contain contests, invitations to participate in contests or surveys that request you to send in to 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 the user therefore has a choice 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 but no individual information will be disseminated.
This Website provides an online health program and information applications and content published over the Internet and is intended only to assist users with their personal weight loss or weight management goals or Regimes. The information contained on this Website is not intended to be, and does not constitute, medical advice and is in no way intended as a substitute for consulting a medical practitioner. Neither SP Health, CSIRO nor GIF is giving you or purporting to give you medical advice or a diagnosis and nothing contained in this Website should be construed as such. You are urged and advised to seek the advice of a medical practitioner before beginning any diet or exercise Regime. This Website is intended for use only by healthy adult individuals. Individuals who are pregnant or who have certain health conditions, including, without limitation, 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 may not be suitable candidates for undertaking any form of Regime and are specifically advised to seek professional medical advice before using this Website.
Please note to the maximum extent permitted by applicable law the following disclaimers of warranties that form part of these Terms & Conditions:
You expressly understand and agree that to the maximum extent permitted by applicable law neither SP Health, CSIRO, GIF or any Affiliate shall be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:
You acknowledge that, by undertaking any Regime, you are doing so voluntarily and you are aware that there may be dangers in participating in a Regime. You are aware that your undertaking a Regime may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Regime or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning pursuant to applicable law and you agree that you assume all risks in connection with your participation in a Regime. To the maximum extent permitted by applicable law, SP Health, CSIRO, GIF (including their respective officers, employees and agents) and their Affiliates are not liable for the breach of any express or implied warranty that any services provided by SP Health will be provided with reasonable care and skill.
You agree to use your own equipment (if any) to participate in any Regime and you are completely satisfied with the adequacy and condition of your equipment and you are satisfied that it is suitable for use in a Regime.
You agree to participate in any Regime in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by applicable law, you hereby agree to release, discharge, waive and forever hold harmless SP Health, CSIRO and GIF and each of their Affiliates officers, employees and agents against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
Where your loss is not or cannot by the operation of applicable law be excluded by these Terms & Conditions then to the maximum extent permitted by law:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.
To the maximum extent permitted by applicable law, you agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend each of SP Health, CSIRO and the GIF and/or their Affiliates their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
To the maximum extent permitted by applicable law, you agree to indemnify each of SP Health and/or the Affiliates their officers, directors, employees, stockholders, agents and representatives against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
To the maximum extent permitted by applicable law, you agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of each of SP Health and/or the Affiliates their officers, directors, employees, stockholders, agents and representatives and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.
You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against each of SP Health and/or the Affiliates their officers, directors, employees, stockholders, agents and representatives arising out of or as a consequence of your participation in a Regime, use of your own equipment, or in any activity incidental to a Regime.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in New South Wales and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: The Copyright Infringement Officer, SP Health Co Pty Limited, PO Box 1971, North Sydney NSW 2059, Australia.
The cost to you of participation in the Bupa Healthy Weight Trial Program is $250 (inclusive of GST) payable to CSIRO TWD. CSIRO TWD will refund the full $250 upfront payment made by you after 12 months’ participation in the Program, but only if you comply with your obligations.
As a participant in the Trial Program, and in order to receive a refund of your $250 payment within 15 days of 12 months completion, you will need to: