Terms & Conditions
THIS AGREEMENT between Insight and You is made at the time that You accept its terms and conditions by clicking on the check box. Further, upon You registering on our website and accessing and/or using the services provided by us You are deemed to have agreed to these terms and conditions.
Insight Mind & Body Pty Ltd
(A.C.N. 615 089 113) Ballarat Central VIC 3350
pursuant to section 127 of the Corporations Act 2001(Cth):
- You have requested Insight provide to You, and Insight has agreed to provide, your introduction to and ongoing coaching in the PrecisionNutrition™ weight loss program and fitness services, as well as any other related programs such as our challenges, on the terms and conditions set out in this agreement.
- Insight’s staff will apply their skills, knowledge and experience in the areas of dietetics, clinical psychology, and exercise science in monitoring your achievement of goals under the PrecisionNutrition™ program and coaching You accordingly toward your nominated goals.
THE PARTIES AGREE AS FOLLOWS: –
DEFINITIONS & INTERPRETATION
In this agreement, unless the context otherwise requires, the following words shall have the following meanings:
“Confidential information” means any confidential information regardless of form, or whether You become aware of such information before or after the date of this agreement, and includes (but is not limited to):
- Charge out rates for introduction to and participation in the Program or other related programs;
- Intellectual property including the Insight and PrecisionNutrition™ brand, mark, design, format and any copyright in any of the Program information sheets, or other records to which You may obtain access upon becoming a participant in the program or other related programs.
- Know how, reports, diagrams and methodology and any materials (whether hard copy or online);
- Marketing, sales, procedures and pricing details;
- Personal information not in the public domain;
- Any other information by its nature is confidential; or is imparted to You in circumstances which You knew or reasonably know that the information is confidential to PrecisionNutrition™ or to Insight; or
- Would if divulged to a competitor, be detrimental to PrecisionNutrition™ or Insight’s commercial interests.
- but excludes any information that is public knowledge (otherwise as a consequence or breach of this agreement).
- “Fee” means the sum of AUD $650 for 12 months (AUD $60 a month) in Australian currency for the Program
- “Other Related Programs” means any of Insight’s other weight loss programs such as our challenges that provide, dietary, health and fitness and any computer-generated or -stored data
- “Program” means the PrecisionNutrition™ ProCoach “Weightless” online program, including its weight loss program, dietary, health and fitness system and any computer-generated or -stored data
“Service period” is the term during which the services will be provided.
“Services” means those services described at paragraph 2, and introduction to and participation in the Program services and other related programs, products and services accessible through the PrecisionNutrition™ website or Insight (weightless) website to persons subscribing to the Program and other related programs, such as You, who use or access the PrecisionNutrition™ website or Insight (weightless) website, and/or register for or purchase PrecisionNutrition™ services or Insight (weightless) services online.
- In consideration for your payment of the fee and your prompt due payment of all fees or other costs as required of You from time to time in respect of the Program or and further services under this Agreement, and You providing to Insight and PrecisionNutrition™ the acknowledgements and consents required of You under this agreement, Insight will provide You with an introduction and access to the PrecisionNutrition™ website, the Program and the health, diet and fitness program, and other related programs, on the terms set out in this Agreement.
- The term of this Agreement will initially be for the Service Period and will continue on the terms set out in this Agreement unless otherwise varied by additional terms or terminated pursuant to this Agreement or otherwise by law.
- It is your responsibility to do all that is reasonably necessary for your part, including provision of all information requested by Insight, Precision Nutrition™ or of necessity under Program and to fully understand the terms of this Agreement, including if necessary seeking independent legal advice in respect of its terms.
- Our communications with You, including data provided by You for the Program, are not monitored by Insight in real time. There will be some delay in us providing responses to your input. Insight is not bound to assess or otherwise use your information, which is recorded for your benefit.
- The non-exercise of or delay of exercising of any power or right of Insight or PrecisionNutrition™ under this Agreement does not operate as a waiver of that power or right, and a power or right may only be waived in writing signed by Insight or PrecisionNutrition™, or either of them.
- In due course following your payment of the fee and registration with the Program online, You will be provided with a “welcome” email prompt. You will in turn be required to complete the questionnaire requiring certain personal information, health details, measurements of height and weight and similar details.
- All such information is then collated under the ProCoach program and provided to Insight.
- On execution of this Agreement and upon your introduction to the ProCoach program and completion and provision of all required information, Insight will formulate and provide you with a personalised diet plan created for you by ProCoach. Each day thereafter you will also be provided by ProCoach with a challenge or habit change for that particular day.
- On execution of this Agreement and upon your registration with our other related programs, Insight will provide you with an email with a challenge or habit change for that particular day.
- Insight has access to your ProCoach record and can check your progress, providing coaching and feedback to you from time to time, at our discretion.
- However, in undertaking the program and other related programs you acknowledge and agree that neither Insight, nor, PrecisionNutrition™, or the principals, employees or agents of either of them are responsible for or required to advise you of any health risks which you may be taking in participating in the program and other related programs at all or from time to time. Instead, you acknowledge that
- In participating in the Program, and other related programs you assume responsibility for monitoring any health or similar risk that may arise in the course of the Program or other related programs, and will consult with suitable medical professional advisors from time to time as necessary to these ends; and
- Insight is unable to and will not provide any crisis response facility in the event that you notify us or give details which might be interpreted as evidence of any risk to your life, physical or mental health or well-being; and
- Insight will accept no liability for any illness, harm, injury, loss or damage incurred by you in or as a result of your participation in the Program and other related programs.
- FURTHERMORE upon executing this agreement you acknowledge and agree that you indemnify and hold harmless Insight, its principals, employees and agents in respect of any claim, demand or suit for or in respect of same.
- Under the Program, your progress will be monitored and revised, amended and adjusted accordingly from time to time, taking account of your goals and progress toward meeting them.
- Your personal information will be kept private and confidential and all reasonable steps will be taken by PrecisionNutrition™ and Insight to that end.
- The Privacy Act (Cth) governs use and disclosure of such information. Australian Privacy Principle #6 , made pursuant to that Act, regulates the use and disclosure of another’s personal information, and provides that such information can only be used or disclosed under strict conditions, including if the person grants informed consent to such disclosure; or it can be reasonably expected that the information might be used or disclosed for a secondary purpose such as where Insight may pass that personal information onto PrecisionNutrition™ for a secondary purpose of it using the information to evaluate and improve the particular service.
- It is a condition of entering the program that information made available by you or on your behalf through your participation in the program and on the PrecisionNutrition™ website, that you hereby consent to disclosure to PrecisionNutrition™ of your personal information.
- Moreover, you hereby grant PrecisionNutrition™ a non-exclusive and ongoing, irrevocable licence to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, publicly display, distribute and communicate your personal information in connection with operating and providing the services and the business of PrecisionNutrition™.
- Food logs and activity logs forming part of the program are not specifically assessed to identify risky behaviour. You are expected to responsibly manage your own lifestyle choices and behaviour.
- The Program does not and will not provide medical advice in respect of your physical or mental health and cannot be expected to substitute consultation with your professional medical services provider. We cannot assess or monitor behaviour that may put your life and health at risk
- You are strongly recommended to obtain from your treating general medical practitioner or other relevant medical professional an assessment, advice and clearance in respect of your physical and psychological fitness and, in particular, any medical condition which may put you at particular risk should you participate in the Program and other related programs. All such assessments and necessary tests are to be carried out prior to undertaking the Program and other related programs and you are to be guided accordingly by your relevant medical or health practitioner in respect of potential risks of illness, injury or death.
- Specifically, you acknowledge and agree that neither Insight nor PrecisionNutrition™ are able to or will provide you with medical or psychological advice or advice in respect of any specific physical or psychological risks.
- You agree to pay and authorise Insight’s third party payment processor, Stripe, to charge you for the fee and all applicable further payments that may accrue in relation to your subscription to and purchase of the Program, other related programs, and any products relating to it.
- The terms of this agreement constitute an entire agreement and undertaking between the parties in relation to the subject matter.
- The terms of this agreement are confidential to the parties ands shall not be disclosed other than with the consent of the other party or as required by law.
- The terms of this agreement are to be construed and governed in accordance with the laws of Victoria, Australia from time to time and shall take effect between the parties from the date that this agreement is executed by them.
- The parties irrevocably:
- submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia, and the Courts competent to determine appeals from those Courts, with respect to any proceedings which may be brought at any time relating to the terms of this agreement; and
- waive any objection that either of them may now or in the future have to the venue of any proceedings, and any claim that either of them may now or in the future have in respect of which any proceedings may have been brought and in any other forum.
Illegality, Invalidity or unenforceability
- The illegality, invalidity or unenforceability of any terms of this agreement or any part of them shall not affect the legality, validity of enforceability of any other term or part of a term or of any term of part of a term of this agreement which is illegal, invalid or unenforceable shall be severed from the remainder of this agreement.
- Unless otherwise provided for in this agreement, no variation or modification of this agreement shall be binding unless in writing and signed by each party.