These terms of use (“Terms”) apply to all Course Participants. If you do not accept these Terms, you are not permitted to use our services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website, signing up for any Courses and/or services, you agree to be bound by these Terms as well as any and all general Terms and Conditions, disclaimers and Privacy Policy posted on our website from time to time.

Any amended Terms will take effect from the next time you view or use our Website or Services. If you do not agree with the amendments or our Terms at any time, then you must immediately stop using our Services and the Website.

 

DEFINITIONS

‘Course’ means the 5 day fertility cleanse course which includes videos, menu plans and e-books;

‘Participant’ and ‘you’ means any user that signs up to our Course and/or users of our Services;

‘Services’ means coaching and mentoring services which includes the provision of diet and health related information, guidance, support and services which may be offered using various web-based and other means from time to time;

‘We’, ‘us’, ‘the Coach’ means conceivebaby.com.au, Zycia Pty Ltd (ABN 13 149 634 828) and includes all directors, employees and contractors.

‘website’ means conceivebaby.com.au

 

PARTICIPATION

If you wish to become a Participant, after your one-off payment, you will receive access to the 5 day Course which you may commence and use at any time.

You must also be 18 years of age or older to use the website, commence the Course and to use any of our Services.

Please note: Our Course is not directed at nor does it avoid products or ingredients for any particular allergies. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after commencing the Course, find you may have or be experiencing side effects, you should promptly stop the Course and contact your health care provider.

We also include, as part of our services from time to time, content which may be provided through Facebook groups, or other social media.

We are not required to post any personal details, information, results, images, comments or any content (together ‘Content’) at any time.

Should you decide to post any Content, be aware that it is then public to the group and you need to determine if that is a suitable environment to do so for your own health and well-being purposes. You also need to ensure it is not illegal, immoral, defamatory, offensive or otherwise violating legal or moral rights. We may ban you and block your access to our Course, website and Services in our sole discretion without refund.



USING OUR SERVICES

Our Course and Services are provided in an effort to help with an understanding, information and coaching on a particular type of diet for health benefits.  Where you may be pregnant, are pregnant, are trying to conceive, may be breastfeeding or may have just conceived, you need to actively involve your medical professional before commencing any new regime.

In any case and always prior to commencing any new regime, diet or relying on any information which may affect your health, or taking any course of action which may directly or indirectly affect your health or well-being, you should consult with your own personal healthcare professional. We are only providing guidance based on our experience, research and studies.

You take full responsibility and risk for making any decision based on the information, Course and Services we provide to you and how you may interpret and use this information. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability for any loss, damage or injury that may arise from any participant acting on any statement, Course or our Services.

 

INDEMNITY AND RISK 

The Participant acknowledges and agrees that:

results of Course vary from individual to individual. For this reason, performance, progress and success of any particular part of the Course is reliant on the individual to meet their own requirements.

If, at any time, you are feeling or experiencing discomfort, illness, you should immediately stop the Course and consult your qualified health professional. The information and any recipes or recommended diet advice contained in the Course are for general information purposes only and are not meant to substitute individual personal and professional dietary advice or treatment which you may receive from your own qualified medical professional.

The Participant acknowledges and agrees that they participate in the Course and use any Services at their own risk. In commencing the Course, the Participant agrees they are liable for and agree to indemnify and at all times, hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Course or Services or in connection with either the Course or Services, including but not limited to any third party claims.

The Participant agrees that the Course may involve health or other personal and well-being management information, materials and discussions (together ‘Materials’). The Materials should not replace discussions with qualified suitable healthcare professionals where relevant to your condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at your own risk. The Participant is at all times responsible for their own physical health and emotional well-being. We strongly recommend that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Course and Materials is not to be relied on in substitution.

 

CANCELLATION AND TERMINATION

WE MAY TERMINATE YOUR ACCESS AT ANY TIME: We have the right to terminate your access to our website, Services and Course for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and Course with or without notice and for any reason, including, without limitation, for breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website and Course immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are in no way responsible for providing a refund for any Course or Services as a result of any breach of these Terms, illegal activity or otherwise.


LIMITATION OF LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, Course orour website.

We are in no way to be held liable, directly or indirectly for any loss, injury, emotional distress or any other loss or damage that may result from any reliance on any information, activity, or otherwise directly or indirectly related to our Course or your use of our Services.

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).  

Our liability to you is governed solely by the ACL and these Terms.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.


GOVERNING LAW


These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.