For visitors from Australia and New Zealand please view terms and conditions here instead.
1.1 What these terms cover. These are the terms and conditions on which you use our website and / or subscribe to the Total Wellbeing Diet product and / or use our App.
1.2 Why you should read them. Please read these terms carefully before you use our website, submit your order for the Total Wellbeing Diet to us or use our Total Wellbeing Diet App. These terms tell you who we are, how we will provide the Total Wellbeing Diet product, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are Digital Wellness (trading as SP Health Australian Pty Ltd) a company registered in New South Wales, Australia. Our company registration number is ABN 73 123 248 046 and our registered office is at 65 Walker Street, North Sydney, NSW 2065 Australia (“SP Health”). We operate the Total Wellbeing Diet program, this website and the Total Wellbeing Diet App (collectively referred to as the “Products”) for Australia’s Commonwealth Scientific and Industrial Research Organisation having its website at www.csiro.au (“CSIRO”) and the Glycemix Index Foundation having its website at www.gisymbol.com (“GIF”)
2.2 How to contact us. You can contact us by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we have successfully processed a payment using one of the payment methods you have selected (e.g. credit card, debit card, PayPal, Apple Pay as set out in clause 9.2. below (“Payment Method”) at which point a contract will come into existence between you and us.
3.2 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.3 You must have sought advice from your GP to purchase our Product. Prior to entering into this contract with us, you must have sought independent medical advice as to your suitability to follow the Total Wellbeing Diet and you provide us with a warranty that you have been declared medically fit to participate. You also undertake to advise us if there have been any changes in your health and / or medical condition at any time during this contract by emailing us at [email protected].
4.1 Minor changes to the products. We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
5.1 When we will provide the Products. While access to the website and to download the App is free, you will have access to the Total Wellbeing Diet as soon as your payment has been made. The Product is access to the Total Wellbeing Diet. You will have access to the Product for the duration you have selected or until a you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 7.
5.2 Reasons we may suspend the supply of products to you. We may have to suspend the supply of our Products to you:
(a) if you are under the age of 18, are pregnant, have been diagnosed with an eating disorder, your GP has declared you to not be, or you are no longer medically fit to continue to use the Product, for any other demographic or health related reasons or where you are outside of the UK (“Situational Factors”);
(b) deal with technical problems or make minor technical changes (“Technical Factors”);
(c) update the product to reflect changes in relevant laws and regulatory requirements (“Regulatory Factors”); or
(d) where you fail to make any periodic payment due to us on the date the payment is due (“Payment Factors”).
5.3 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending the supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product within 14 days of you paying for the Product owing to a Situational Factor, we will refund the amount you have paid in full to the Payment Method selected to pay for the Product. You may contact us to end the contract for the Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks owing to either Technical Factors or Regulatory Factors and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. You will not be entitled to any refund if we have to suspend supply of the product owing to Payment Factors.
5.4 User Names and Passwords: When we have confirmed your order for our Products, you will be able to login to a special member’s section of the website, or the App, using your own user name and password. You are required to keep these details secure, and there are prompts to assist you retrieve your user name and password if you can’t remember your user name and password. You are reminded that the purchase of our Products is for you personally and is not transferrable to another person.
6.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For the Products you have purchased from us, you have a legal right to change your mind within 14 days of placing an order (“Cooling Off”) and you will receive a full refund. Should you wish to exercise your right under this clause, please send an appropriately worded email to [email protected] on or before the date that is 14 days from the date you placed your order with us. We will write to you confirming your order has been cancelled (“Cancellation Confirmation”) and will make a refund to the Payment method selected to pay for the product, less 5% for fees and charges levied by our payment service provider and / or the bank. These will be advised to you in the Cancellation Confirmation.
6.2 Ending the contract where we are not at fault and there is no right to change your mind. If we are required to cease providing the Products to you for legal reasons, you will be eligible to a proportional refund based on the amount of time you have had access to the Product as a proportion of the initial duration of your contract (e.g. if we had to cease providing the product to you at the end of the 6th week into a 12 week program, you would be entitled to a 50% refund) less 5% for fees and charges levied by our payment service provider and / or the bank. Under all other circumstances, if you wish to cancel your contract you may send us an appropriately worded email to [email protected] however you will not be entitled to either a full or proportional refund.
7.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you and if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to continuing providing the products, for example, where we ask you to state whether there have been any changes in your health and / or medical condition. Where we are required to end the contract under these circumstances, you will not be entitled to either a full or a proportional refund.
8.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write to us at [email protected]
9.1 Where to find the price for the product. The price of the Product (which includes VAT) will be the price indicated on the website or in the App when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the Product you order.
9.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, a Product we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.3 When you must pay and how you must pay. We accept payment with Visa, Mastercard, AMEX, PayPal and where you are using the App, ApplePay. You must in advance and as soon as we confirm your order as set out in clause pay depends on what product you are buying and must be paid for before the contract commences as set out on the TWD Website
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We are not responsible if you do not lose any weight or your health suffers as a result of using our products. You acknowledge that, by using our Products, you are doing so voluntarily and you are aware that there may be dangers in following the Total Wellbeing Diet. You are aware that following any weight loss regime, may result in serious personal injury, permanent disability or death. You are reminded of your obligations at clause 3.3 above in relation to having sought advice from your GP before purchasing our Products.
You are aware that the risks mentioned in this paragraph may be caused by your own acts or omissions, the acts or omissions of others or other risks not known to you or that are not readily foreseeable at the time of using the products. 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 decision to purchase the Total Wellbeing Diet. To the maximum extent permitted by applicable law, SP Health Australian Pty Ltd, CSIRO, GIF (including their respective officers, employees and agents) including their affiliates (as defined in the UK Companies Act 2006) (“Affiliates”) are not liable for the breach of any express or implied warranty that any services provided by us will be provided with reasonable care and skill. You agree to participate in the Total Wellbeing Diet 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 Australia Pty Ltd, 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 purchase of the Total Wellbeing Diet or any activity incidental to the Total Wellbeing Diet, 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 the Total Wellbeing Diet.
10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
10.4 We are not liable for business losses. We only supply the Products for private use and you are unable to use the Products for any business related purposes. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.1 How you may use material on our site
(a) We are the owner or the licensee of all intellectual property rights of our Products and in the material we publish. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) You must not use any part of the content of any of our Product for commercial purposes.
12.1 Our website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
12.2 If you wish to complain about information and materials uploaded by other users please contact us by email on [email protected]
13.1 Whenever you make use of a feature that allows you to upload content to our website or App, or to make contact with other users of our website or App, you must not upload, post or send material that:
(a) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(b) infringes upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
(c) would be classified as unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation; or
(d) Intentionally or unintentionally violates any applicable local, national or international law, including, but not limited to, any regulations having the force of law.
13.2 You warrant that any such contribution is made in accordance with these terms, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards as set out in clause 13.1 above.
13.6 You are solely responsible for securing and backing up your content.
13.7 Solicit collect or post personal data or attempt to solicit, collect or post personal data about other users of Connect, including user names or passwords.
14.1 When you upload or post content to our site, you grant us a perpetual, irrevocable, world-wide royalty free licence to use your content until such time as the content is removed from the site or you write to us [email protected] at requesting the content be removed.
14.2 We are not responsible for viruses and you must not introduce them
14.3 We do not guarantee that our site will be secure or free from bugs or viruses.
14.4 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
14.5 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
16.1 Where you have purchased the Total Wellbeing Diet product, you will be required to create a user name and password. You must treat such information as confidential. You must not disclose it to any third party.
16.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You are unable to transfer your rights or your obligations to any other party.
17.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if we write to you requesting information in relation to your health and / or medical condition and we do not chase you but we continue to provide the Products, we can still require you to provide the information at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.