Terms and Conditions
W8less Pty Ltd Terms of Service
1. Your Acceptance
Welcome to the Terms of Service for the W8less and W8less 40 Day Challenge website and any associated services. This is an agreement (“Agreement”) between, W8less Pty Ltd (“W8LESS”), the owner and operator of www.w8less.com.au (the “Site ”), any W8LESS services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this Agreement, the words “W8LESS,” “us,” “we,” and “our,” refer to our company, W8less Pty Ltd and our Site or any Services, as is appropriate in the context of the use of the words.
2. Statements Have Not Been Evaluated; Speak With Your Doctor
All content created by W8LESS is for informational and educational purposes only. Any statements listed on our Site or Service have not been evaluated by any other national or international agencies. None of the content or products offered on the W8LESS Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions. The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site. You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences. Please seek medical advice in regards to your health conditions and physical fitness. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
3. Nutritional Information
Nutritional information provided on the W8LESS website is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
4. Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. 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. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the W8LESS website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
6. User Accounts
W8LESS may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the Terms. W8LESS has no obligation to investigate the authorisation or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify W8LESS of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.
In order to purchase any W8LESS products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as Stripe. By ordering an W8LESS product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at firstname.lastname@example.org.
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
All prices are in AU dollars unless otherwise stated and inclusive of GST.
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act;
Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply;
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
40 Day Challenge
You will be eligible for a full refund at any time up to 10 days before the start of the 40 Day Challenge. The specific start of your 40 Day Challenge is listed on our Site. To process a refund for the Challenge, please contact us at email@example.com. Any products supplied as part of the Challenge eg W8less Better Protein powder must be returned unopened and undamaged and at your cost. No refunds can be provided until the products have been received.
After processing your payment, you will be granted access to our 40 Day Challenge membership only section upon the start of the program as listed on the Site. The price includes theW8less 40 Day Challenge and the first month of I Feel W8less membership. After the first calender month, membership is charged automatically at $12.99 per month.
You can cancel the membership subscription at any time before the next billing cycle but we’re sorry to be unable to offer any partial refunds.
All payment details such as credit cards are held securely by Stripe. Nobody from W8less or associates have any access to these details at any point during the payment process or ongoing subscription. Stripe is considered to be one of the world’s most secure payment platforms.
Unopened and undamaged products may be returned under special
10. Product Availability
Due to product demands, W8LESS products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship W8LESS products when they become available.
11. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at firstname.lastname@example.org.
You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
14. Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
15. Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
16. Use of W8LESS
When using our Service, you are responsible for your use of W8LESS, and for any use of W8LESS made using your device. You also agree that your use of W8LESS is for personal non-commercial use. You agree not to access, copy, or otherwise use W8LESS, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorized in writing by W8LESS. You agree not to use W8LESS to:
• You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You will not collect or harvest any personally identifiable information, including account names, from the Service;
• You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
• You agree not to upload, post, transmit or otherwise make available any material that:
a) is not your original work, or which may infringe the intellectual property or other rights of another person;
b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c) includes an image or personal information of another person unless you have their consent;
d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
e) contains large amounts of untargeted, unwanted or repetitive content; or
f) contains financial, legal, medical or other professional advice.
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You agree that you will not hold W8LESS responsible for your use of our Site;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to W8LESS;
• You agree not to interfere with or disrupt the Site or Service;
• You agree not to hack, spam or phish us or other users;
• You agree to provide truthful and accurate content;
• You agree to not violate any law or regulation and you are responsible for such violations;
• You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
• You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you believe that a user has breached any of the above conditions, please contact us at email@example.com
• We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
• By uploading, transmitting, posting or otherwise making available any material via the website, email or Facebook, including providing us with any comments, recipes, photos, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
• We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
• You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
17. Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
18. Intellectual Property Rights and License Grant For Your Content
The design of the W8LESS Service along with W8LESS created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to I Quit Sugar Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. W8LESS reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
19. Linking and Third Party Content
1. You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
2. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
2. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither W8LESS nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this web site may be out of date, and neither W8LESS nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
21. Limitations and Liability
1. Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, W8less Pty Ltd does not assume any responsibility or liability for any damages to you. In no event will W8less, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
2. With the exception of Consumer Guarantees, we exclude:
2.1 any term, condition or warranty that may otherwise be implied by custom, law or statute;
2.2 any liability for loss caused by our negligence; and
2.3 any liability for Consequential Loss.
3. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
3.1 In the case of goods, to:
3.1.1 the replacement of the goods or the supply of equivalent goods;
3.1.1 the repair of the goods;
3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
3.1.4 the payment of the cost of having the goods repaired.
3.2 In the case of services, to:
3.2.1 the supplying of the services again; or
3.2.2 the payment of the cost of having the services supplied again.
In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless W8less Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
• your use of and access to the W8LESS Site and Service;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive this Agreement and your use of the W8LESS Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
23. Privacy and Child Protection
24. Choice of Law
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
25. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
26. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, W8LESS shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and W8LESS.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
29. Termination of Your Service
If we determine that any of your actions may harm W8LESS, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
32. Electronic Communications
The communications between you and W8LESS use electronic means, whether you visit the Site or Service or send W8LESS e-mails, or whether W8LESS posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from W8LESS in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that W8LESS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
a. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
b. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
c. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
d. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
e. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
f. We may subcontract any of our obligations under this Agreement to any person