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Terms and conditions

HealthLab Australia

Prescribed Investments Pty Ltd ABN 92 169 233 916


TERMS OF SERVICE

INTRODUCTION

The Company provides health, nutrition and fitness programs, which may consist of online information, diet plans, recipes, exercises, forums and professional in-person training and consultation (Programs). Such Programs include the iFast-12 and The Blood Sugar Diet. Participation in a Program including use of any online services, is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

(a)ABN means Australian Business Number.

(b)Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.

(c)Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Perth, Australia.

(d)Company means Prescribed Investments Pty Ltd trading as HealthLab Australia ABN 92 169 233 916.

(e)Corporations Act means the Corporations Act 2001 (Cth).

(f)Dexa Scan means a dual-energy X-ray absorptiometry scan of bone mineral density, total body composition and fat content.

(g) EHR (Electronic Health Record) means the record of a Participant’s Health Information in an Online Service.

(h)Fee means a fee charged by the Company for use of, or participation in a Program.

(i)Forum means an online discussion forum accessible within an Online Service.

(j)GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(k)Health Information has the same meaning as in the Privacy Act 1988 (but generally refers to information about the physical or mental health, injury or a disability of a User at any time).

(l)iFast-12 means:

i.The iFast-12 website and online services accessible from http://www.ifast12.com, www.ifast12online.com and any other URL operated by the Company from time-to-time;

ii.Any iFast-12 Program Materials; and/or

iii.Any iFast-12 mobile application.

(m)Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

(n) Online Service means any webpage, mobile application, online service or feature of a Program accessible via a website operated by the Company, including (without limitation):

i.http://www.ifast12.com; and

ii.https://www.thebloodsugardiet.com.au.

(o) Participant means a registered participant in a Program that uses the features associated with a Participant account.

(p) Partner means a qualified personal trainer, physiotherapist, exercise physiologist or similar health professional licensed to provide Partner Services by the Company.

(q) Partner Agreement means an agreement between the Company and a Partner that authorises the Partner to Provide Partner Services to Participants.

(r) Partner Services means any services provided by a Partner to a Participant as part of a Program, including:

i.Interpreting a Participant’s Dexa Scan (if available);

ii.Providing tailored advice and training to a Participant;

iii.Monitoring the Participant’s progress through the Program; and

iv.Any other services the Partner may provide to the Participant in relation to their participation in the Program.

(s)Privacy Act means the Privacy Act 1988 (Cth).

(t)Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at:

i.https://www.thebloodsugardiet.com.au/terms-and-conditions/; or

ii.http://www.ifast12.com/privacy-terms-and-conditions/.

(u) Program means any health, fitness or nutrition program including iFast-12 and The Blood Sugar Diet (or any other similar program the Company may offer from time-to-time), and may consist of:

i.Online Services;

ii.Partner Services; and

iii.Program Material.

(v) Program Material means any written, video or audio material for use by Participants as part of a Program which may include (without limitation):

i.Sessions;

ii.Diet Plans and recipes;

iii.Articles;

iv.Discussions and interviews; and

v.Any other information the Company may make available.

(w) Program Period means the period of time over which a Program is conducted, as advertised by the Company.

(x)Session means Program Material of a guided exercise session delivered via an Online Service.

(y)Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(z)Terms of Service means the terms and conditions of using a Program, as updated from time-to-time, which can be found at:

i.https://www.thebloodsugardiet.com.au/terms-and-conditions/; or

ii.http://www.ifast12.com/privacy-terms-and-conditions/.

(a)The Blood Sugar Diet means:

i.The Blood Sugar Diet website and online services accessible from https://www.thebloodsugardiet.com.au, www.thebloodsugardiet.com and any other URL operated by the Company from time-to-time;

ii.Any The Blood Sugar Diet Program Materials; and/or

iii.Any The Blood Sugar Diet mobile application.

(b) User means any registered Participant or Partner that uses an Online Service.

(c)User Content means images, information, documents or other data that is uploaded or input into an Online Service by the User or that forms part of the User’s Intellectual Property.

2. Programs and ONline Services

2.1. General

(a)The User agrees that all participation in, or use of a Program, is subject to these Terms of Service.

(b)In order to take part in a Program, the Participant must first log into the relevant Online Service and have set up their account.

(c)Programs are only available to Users over the age of 18.

(d)The Participant shall be responsible for paying the Fees for each Program.

(e)The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.

2.2. Features

(a)Program Features. A Program may allow a Participant to:

i.Access the Online Service;

ii.Use any Program Materials;

iii.Receive Partner Services;

iv.Use any other Intellectual Property the Company makes available as part of a Program.

(b)Online Service Features. An Online Service may allow a User to:

i.Access  Program Material;

ii.View and/or participate in a Session;

iii.Access diet plans and recipes;

iv.Access a Forum to discuss matters related to the Program with Partners and other sports scientists.

2.3. Accessing an Online Service. In order to access an Online Service a Participant must either:

(a)Purchase a licence directly from the Company and create their Participant account; or

(b)Create a Participant account by providing an access code provided by a Partner when the Participant purchased their licence.

3. Program Participation

3.1. Participation

(a)Each Program has been designed by qualified health scientists in order to assist Participants to improve their health, fitness and/or nutrition. However the Company cannot guarantee particular outcomes for individual Participants.

(b)A Program may be undertaken by a Participant in the following ways:

i.Accessing the Online Services under consultation with a Partner that has evaluated the Participant’s Dexa Scan;

ii.Accessing the Online Services under consultation with a Partner that has not evaluated a Dexa Scan of the Participant; or

iii.Accessing the Online Services only.

(c)A Program may be designed to take place over a specific Program Period.

(d)All participation in a Program requires accessing the Online Services on a regular basis throughout the Program Period, in order to access (among other information and features) diet plan and exercise prescriptions.

(e)The Company shall make the Online Services available to the Participant over for the duration of the Program Period. Whether the Online Services will remain accessible following the Program Period (and for how long) will depend on the scope of services and inclusions advertised by the Company in relation to that Program.

(f)Individual results may vary depending on:

i.The Participant’s health, injuries or health conditions;

ii.The degree to which the Participant follows the Program Materials, diet plans, recipes, Sessions, exercises or recommendations of a Partner;

iii.Environmental factors, including access to the internet or ingredients;

iv.Other matters particular to the Participant or otherwise outside of the Company’s control.

(g)Each Program may provide the Participant with general medical advice. The Company does not provide personalised medical advice to any Participant as part of a Program. The Company recommends the Participant consult a qualified medical practitioner such as a general practitioner (GP) if they have any concerns about their health or the content of a Program as it relates to them personally.

(h)For best results the Company recommends consulting a Partner (if available).

3.2. Partner Services

(a)The Company has formed Partner Agreements with qualified professionals for the provision of in-person consultation and training, tailoring the Program for the Participant, in order to achieve best results.

(b)Only Partners with a current Partner Agreement may provide Partner Services.

(c)Partner Services may not be available for all Programs.

(d)Access to Partner Services are limited to the locations where Partners are located. The Company makes no representation that Partner Services will be available to each Participant.

(e) The parties agree that the Partner is an independent contractor to the Participant. Each Partner and Participant is responsible to each other with respect to Partner Services. The parties acknowledge and agree that:

i.The Partner is not an employee or subcontractor of the Company, and the Partner does not provide any services to Participants on behalf of the Company;

ii.The Partner is not an employee of the Participant or the Company; and

iii.The Company is not an agent of the Participant.

(f)The Company accepts no responsibility for Partner Services.

(g)The Company makes no representation as to the credentials or quality of service provided by a Partner.

(h)The Participant must comply with any additional terms of business that a Partner may impose on Partner Services, in addition to complying with this Agreement. In the event of a conflict between this Agreement and a Partner’s terms of business, this Agreement shall prevail.

(i)Any dispute in relation to Partner Services is to be dealt with between the Partner and the Participant.

3.3. Dexa Scans

(a)A Dexa Scan allows a Partner to evaluate the body composition and fat content of a Participant, and tailor Partner Services to achieve best results for the Participant.

(b)Notwithstanding the appropriateness of undertaking a Dexa Scan for the Participant’s medical circumstances, taking into account any clinical assessment of potential risks, the Company generally recommends each Participant obtain a Dexa Scan and have that Dexa Scan evaluated by a Partner.

(c)Dexa Scans can be obtained from third-party providers. The Participant is responsible for obtaining a Dexa Scan and providing it to a Partner for evaluation as part of the Partner Services at their own cost.

4. Program Material

4.1. Sessions

(a)A Participant may perform exercises to improve their health and/or general wellbeing by selecting a Session within an Online Service.

(b)The Participant is responsible for ensuring that they correctly follow the instructions for each exercise in a Session. The Company shall not be responsible for any injury or death of an individual, or damage to property caused by a Participant failing to correctly follow instructions.

(c)Sessions are not intended to replace personalised consultations with suitably qualified professionals in the fields of health science (including Partners where available).

(d)If a Participant experiences any pain or discomfort while participating in any physical exercise, while following any instructions in a Session, the Participant is advised to immediately cease the exercise and consult a doctor or physiotherapist (as may be appropriate).

4.2. Diet Plans

(a)The Company may make diet plans and recipes available to Participants via an Online Service.

(b)The Participant is responsible for correctly following each diet plan and recipe.

(c)Recipes may include ingredients that the Participant is allergic to, or otherwise does not eat. The Participant is advised not to include those ingredients in such circumstances. In order to find a suitable alternative to the ingredient or recipe, the Participant may:

i.Consult the authorised Partner with whom they are undertaking the Program;

ii.Ask one of the Company’s health scientists for a recommended alternative within a Forum.

(d)The Company cannot guarantee any particular outcomes of following a Diet Plan for a Participant, as individual results may vary depending on the Participant’s circumstances and other matters outside the Company’s control.

4.3. Forum

(a)The Company may provide a Forum accessible via an Online Service where Users can discuss matters related to the Program, and ask general questions from health professionals engaged by the Company and Partners.

(b)All Users are expected to use the Forum in a way that is consistent with the values of tolerance and mutual respect.

(c) The Company reserves the right to monitor and suspend the account of any User that the Company determines, in its sole discretion, posts or otherwise communicates with other users in a way that:

i. Promotes hate or intolerance towards an individual or class of people;

ii. Promotes violence;

iii. Promotes hateful or negative User Content; or

iv. Promotes any other negative or antisocial behaviour.

(d)Only general medical advice is permitted to be discussed in the Forum. No User (including Partners the Company’s health scientists) may provide, or purport to provide, personal medical advice to any other individual within the Forum.

4.4. Conduct. The User acknowledges and accepts that:

(a)The Company accepts no responsibility for the conduct of any User of an Online Service.

(b)The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via an Online Service or not (including a personal meeting).

(c)The Company makes no warranty or representation as to the accuracy of any information provided by any User.

(d)The Company makes no warranty as to the character or credentials of any User.

4.5. Lodging a Complaint.

(a)If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via email at info@healthlabaustralia.com.

(b)The Company may suspend or delete the account of any User that the Company determines conducts itself inappropriately.

(c)The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.

(d)The Company’ decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’ decision shall be final and not subject to review.

5. Participant Terms

5.1. The Participant agrees and accepts that:

(a)The Participant uses, or takes part in a Program at its own risk. To the extent permitted by law, the Company shall not be liable for any injury, illness or death of any person, or damage to property resulting from the use of the Program. It is the Participant’s responsibility to follow the instructions in a Session, or provided by a Partner and correctly perform each exercise;

(b)The Participant indemnifies the Company against all costs, claims damages and expenses for any injury or damage caused to the person or property of a third party as a result of the Participant’s use of a Program;

(c)The Company may share the EHR and other personal information of the Participant with any Partner authorised by the Participant;

(d)Any information shared by the Company with a Partner authorised by the Participant may be retained by that Partner for the purpose of updating their administrative records;

(e)Any consent made by a Participant through an Online Service is valid and binding unless and until revoked by the Participant, and other Users may rely on a consent made through an Online Service without any need to further verify the veracity of that consent;

(f)All information about a Participant is used and controlled by the Participant, not the Company;

(g)All information input to an Online Service about a Participant is provided with that Participant’s consent;

(h)Each User authorised by the Participant to receive the EHR and other personal information may have its own privacy policy governing access to this information.

6. Fees, payments & refunds

6.1. Fees

(a)Each Fee applies in accordance with such features and/or services subscribed for by the Participant in accordance with the pricing described on the Online Service, or as otherwise agreed with the Company.

(b)The Participant agrees to make payment in advance for all Fees due at such frequency, or on such dates as the Participant has subscribed for.

(c)All payments for a Program consisting of Online Services only shall be made via the online payment gateway within the Online Service, or in such other manner as the Company may direct from time-to-time.

(d)All payments for a Program that includes Partner Services shall be made to the Partner directly in such manner as the Partner may direct.

(e)The Participant agrees that it has no right to access a Program if it fails to make payments when due.

(f)The Company reserves the right to introduce or change any Fees by updating the pricing on the website of the Program from time-to-time. Any new or changed Fees will apply to all new enrolments for a Program.

6.2. Currency.

Fees are quoted in either Australian dollars or British Pounds, however transactions may be processed in an equivalent foreign currency (such as Euros or US Dollars).

6.3. GST.

For Participants in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Participant with a Tax Invoice for any payments.

6.4. Refunds.

(a) No refunds of Fees are offered other than as required by law.

(b) In the event that a Participant is entitled to a refund for a Program that included Partner Services, the Participant must seek the refund from the Partner that it paid for the Program.

(c) In the event that the Participant is entitled to a refund for a Program consisting only of Online Services, the Participant may seek the refund from the Company directly.

6.5. Late Payment.

(a)If the Participant does not pay the full Fees as required, the Company may suspend all User access to Online Services for that Account.

(b)If Fees are not brought out of arrears within 7 days of becoming overdue, the Company may terminate the Participant’s account in an Online Service without notice, and end this Agreement.

(c)The User agrees that the Company shall not be responsible or liable in any way for:

i.Interruptions to the availability of an Online Service or User Content in the event of (a);

ii.Loss of User Content in the event of (b).

7. General conditions

7.1. Licence

(a)By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use a Program for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.

(b)The Company may issue the licence to the User on the further terms or limitations as it sees fit.

(c)The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.

7.2. Modification of Terms

(a)The terms of this Agreement may be updated by the Company from time-to-time.

(b)Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using a Program.

7.3. Software-as-a-Service

(a)The User agrees and accepts that a Online Services are:

i.Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and

ii.Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to an Online Service is available to the User unless expressly agreed in writing.

(b)As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter an Online Service.

7.4. Support

(a) The Company provides user support for a Program via the email address info@healthlabaustralia.com.

(b) The Company shall endeavour to respond to all support requests within 2 Business Day.

7.5. Use & Availability

(a)The User agrees that it shall only use a Program for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

(b)The User is solely responsible for the security of its username and password for access to an Online Service. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Online Service account.

(c)The User agrees that the Company shall provide access to a Program to the best of its abilities, however:

i.Access to features or components of a Program may be prevented by issues outside of its control; and

ii.It accepts no responsibility for ongoing access to all or part of a Program.

7.6. Privacy

(a)The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.

(b)The Privacy Policy does not apply to how a Partner handles personal information.  If necessary under the Privacy Act, it is the Partner’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

(c)Online Services may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

7.7. Data

(a)Security.  The Company takes the security of Online Services and the privacy of its Users very seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.

(b)Transmission.  The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

(c)Storage. The Company stores data on servers based in Australia and/or the UK according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.

(d)Backup.  The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes.  The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.

7.8. Intellectual Property

(a)Trademarks.  The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

(b)Proprietary Information.  The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of a Program.

(c)Programs.  The User agrees and accepts that each Program is the Intellectual Property of the Company and the User further warrants that by using a Program the User will not:

i.Copy a Program, Program Materials or the services that it provides for the User’s own commercial purposes (except to the extent permitted by a Partner Agreement); and

ii.Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in an Online Service or any documentation associated with it.

(d)Content.  All content submitted to the Company, whether via an Online Service or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to a Program.

7.9. Disclaimer of Third Party Services & Information

(a)The User acknowledges that a Program is dependent on third-party services, including but not limited to:

i.Banks, credit card providers and merchant gateway providers;

ii.Partner Services (if applicable);

iii.Telecommunications services;

iv.Hosting services;

v.Email services; and

vi.Analytics services.

(b)The User agrees that the Company shall not be responsible or liable in any way for:

i.Interruptions to the availability of a Program due to third-party services; or

ii.Information contained on any linked third party website.

7.10. Liability & Indemnity

(a)The User agrees that it uses any component or feature of a Program at its own risk.

(b)The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.

(c)The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with a Program, including any breach by the User of these Terms of Service.

(d)In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, illness or death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use HealthLab Australia’s services, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, personal injury, illness or death, or business interruption of any type, whether in tort, contract or otherwise.

(e)Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

i.The re-supply of services or payment of the cost of re-supply of services; or

ii.The replacement or repair of goods or payment of the cost of replacement or repair.

7.11. Termination

(a)Either party may terminate this Agreement by giving the other party 1 month’s written notice.

(b)Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.

(c)Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 6.9, 6.12 and 6.13 survive termination of this Agreement.

7.12. Dispute Resolution

(a)If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

i.Includes or is accompanied by full and detailed particulars of the Dispute; and

ii.Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

(b)Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.

(c)Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.

(d)Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

(e)Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

7.13. Electronic Communication, Amendment & Assignment

(a)The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

(b)The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement.  The Company will notify the User of a change of details from time-to-time.

(c)The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

(d)A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

(e)Notices must be sent to the parties’ most recent known contact details.

(f)The User may not assign or otherwise create an interest in this Agreement.

(g)The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

7.14. General

(a)Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.

(b)Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Partner Agreement or Special Conditions made under this Agreement, the terms of the Partner Agreement or those Special Conditions shall prevail.

(c)Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

(d)Relationship.  The relationship of the parties to this Agreement does not form a joint venture or partnership.

(e)Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

(f) Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

(g) Governing Law.  This Agreement is governed by the laws of Western Australia, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

(h)Severability.  Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

HEALTHLAB AUSTRALIA

PRIVACY POLICY

1. PURPOSE OF OUR POLICY

1.1.HealthLab Australia ABN 92 169 233 916 (we, us or our) provides health, nutrition and fitness programs, which may consist of online information, forums and services (Online Services), diet plans, recipes, exercises, forums and professional in-person training and consultation (Programs).

1.2.A Program may involve the provision of services by a qualified health professional licensed by us (Partner) to a participant in the Program (Participant).

1.3.In order to achieve the above requires Participants to create, store and develop electronic health records on the Personal and Health Information (EHR).

1.4.We have adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:

(a) Providing the system and services that we offer (including Programs); and

(b) The normal day-to-day operations of our business.

1.5.This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).

1.6.By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

2. WHO AND WHAT THIS POLICY APPLIES TO

2.1.Our Privacy Policy deals with how we handle both “personal information” and “health information” as those terms are defined in the Privacy Act (and together referred to in this Privacy Policy as Personal Information)

2.2. We handle Personal Information of adults and children in our own right and also for and on behalf of our customers and users.

2.3. Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.

2.4. The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.

2.5. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that:

(a) With respect to Personal Information about a child, they are that child’s “responsible person” as defined in the Privacy Act (namely a parent or guardian); and/or

(b) They have that person’s consent to provide such information for the purpose specified.

3. THE INFORMATION WE COLLECT

3.1.In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual.  Without limitation, the type of information we may collect is:

(a) Health Information. We may collect information for an EHR about the health (including mental health), injuries, disability, health services, and other information about an individual defined as “health information” in the Privacy Act;

(b) Personal Information.  We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;

(c) Contact Information.  We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;

(d) Financial Information.  We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;

(e) Statistical Information.  We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and

(f) Information an individual sends us.  We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.

3.2.We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.

3.3.We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser.  This may include their IP address. Where non-Personal Information is collected the Australian Privacy Principles do not apply.

4. HOW INFORMATION IS COLLECTED

4.1.Most information will be collected in association with an individual’s use of a Program, an enquiry about a Program or generally dealing with us.  However we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners.  In particular, information is likely to be collected as follows:

(a) Registrations/Subscriptions.  When an individual registers or subscribes for a service, list, account, connection or other process whereby they enter Personal Information details in order to receive or access something, including a transaction;

(b) Accounts/Memberships.  When an individual submits their details to open an account and/or become a member with us;

(c) Supply.  When an individual supplies us with goods or services;

(d) Contact.  When an individual contacts us in any way;

(e) Access.  When an individual accesses us physically we may require them to provide us with details for us to permit them such access.  When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or

(f) Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

(g) 3rd party persistent cookies. We use a range of 3rd party persistent cookies to identify the products you visit and to personalise off-network advertising so as to serve relevant and contextual advertising. These 3rd party cookies will assist us in collecting aggregated contextual data so as to serve more relevant content to you via programmatic channels. The cookies enable us to understand and improve the delivery of adverts to you, and know when certain ads have been shown to you. Since your web browser may request advertisements and web beacons directly from ad network partner servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.

4.2.As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.

4.3.Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.

5. WHEN PERSONAL INFORMATION IS USED & DISCLOSED

5.1.The primary reason Personal Information is used or disclosed is to share EHRs with Partners. We will never use Personal Information in a Program for any other purpose than making the individual’s EHR available to a Partner authorised by the Participant. We will never use the information in an EHR for any marketing or commercial purposes, and we maintain all Health Information in the strictest confidence.

5.2.In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission.  The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.

5.3.We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

5.4.It is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business. This includes releasing the Personal Information in EHRs to Partners authorised by the Participant, by giving them access to the EHR.

5.5.We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.

5.6.Information is used to enable us to operate our business, especially as it relates to an individual.  This may include:

(a) The provision of goods and services between an individual and us;

(b) Verifying an individual’s identity;

(c) Communicating with an individual about:

i.Their relationship with us;

ii.Our goods and services;

iii.Our own marketing and promotions to customers and prospects;

iv.Competitions, surveys and questionnaires;

(d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or

(e) As required or permitted by any law (including the Privacy Act).

5.7.There are some circumstances in which we must disclose an individual’s information:

(a) As part of a sale (or proposed sale) of all or part of our business;

(b) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and/or

(c) As required or permitted by any law (including the Privacy Act).

5.8.We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

5.9.We may utilise third-pay service providers (such as Gmail from Google, Inc.; Mandrill (MailChimp) from The Rocket Science Group LLC; and Amazon Web Services operated by Amazon Web Services Inc.) to communicate with an individual and to store Personal Information about them. These service providers are located in the United States of America, but may also host their services in Australia.

6. OPTING “IN” OR “OUT”

6.1.An individual may opt to not have us collect their Personal Information.  This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us.  They will be aware of this when:

(a) Opt In.  Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or

(b) Opt Out.  Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.

6.2.You can opt out of off-site and third-party-informed advertising by adjusting your cookie settings. From more information on your ad choices online and other services you can opt out of, visit the Digital Advertising Alliance:http://youradchoices.com/ or opt out https://rtb.loopa.net.au/pixel/showcookie

6.3.If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.

7. THE SAFETY & SECURITY OF PERSONAL INFORMATION

7.1.We may appoint a Privacy Officer to oversee the management of this Privacy Policy and compliance with the Australian Privacy Principles and the Privacy Act.  This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.

7.2.We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access.  This includes appropriately securing our physical facilities and electronic networks.

7.3.A primary function of a Program is to enable Partners authorised by a Participant to monitor the Participants progress remotely, recommend Sessions or otherwise tailor a Program for the Participant. To do this requires the creation of an EHR. We require that each user that receives an EHR have a compliant privacy policy in place if required by law.  Each Partner that a Participant authorises to access their EHR may use or copy the Personal Information in an EHR.

7.4.The Online Services of our Programs use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed.  Each individual that provides information to us via the internet or by post does so at their own risk.  We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

7.5.We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws).  The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

7.6.If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

7.7.We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

8. HOW TO ACCESS AND/OR UPDATE INFORMATION

8.1.Users of a Program can update their Personal Information from within their Online Service account or profile.

8.2.Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.

8.3.If an individual cannot update its own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.

8.4.It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

8.5.We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.

9. COMPLAINTS AND DISPUTES

9.1.If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.

9.2.If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.

9.3.If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

10. Contacting INDIVIDUALS

10.1.From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.

11. CONTACTING US

11.1.All correspondence with regards to privacy should be addressed to:

The Privacy Officer

HealthLab Australia

10 Reserve Street,

Bicton, WA 6157

Australia

info@healthlabaustralia.com

You may contact the Privacy Officer by email in the first instance.

12. ADDITIONS TO THIS POLICY

12.1.If we decide to change this Privacy Policy, we will post the changes on this page. Please refer back to this Privacy Policy to review any amendments.

12.2.We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles.