Please find the full terms and conditions for the bodylove mindset online coaching programs below.
Simply return to the tab with your registration open to complete your sign up after checking out these conditions.
Terms & Conditions
Welcome to the Terms of Service for the bodylove online programs and any associated services. This is an agreement (“Agreement”) between, Carpe Diem Wellbeing Pty Ltd (“CDW”), the owner and operator of www.carpediemwellbeing.com.au (the “Site ”), any services and programs (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this Agreement, the words “CDW,” “us,” “we,” and “our,” refer to our CDW, Carpe Diem Wellbeing Pty Ltd and our Site or any Services, as is appropriate in the context of the use of the words.
- This is an online program that requires you to have your own device and internet access to gain access to our platform, site, content and communications.
- In the event of technical issues with the platform or site, CDW will do what we can to the best of our abilities to resolve these issues.
- We do not guarantee that the Site will always be available, work, or be accessible at any particular time.
- 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.
- You will have access to the content once full payment has been received for the duration of the program from the specified start date.
- Platform access will be revoked 3 months after the specified end date of the program.
- Where there is downloadable content and worksheets, you will have life-long access should you choose to download this content. This downloadable content is copyright of CDW.
Content & Care
- CDW reserves the right to alter, update, or remove our Service at any time.
- All content created by CDW 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 CDW Site are meant to diagnose, treat, alleviate or relieve any medical or health related 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 or health related problem, promptly contact your healthcare provider.
- Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site.
- 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.
- Results are dependent on your individual input and participation throughout the program.
- Your personal results may differ from those outlined in CDW marketing materials.
Payment & Refund Terms
- Full payment is due before the specified start date of the program. Access to the platform will only be granted once payment has been received.
- The payment amount is as is set out on the website at the time you apply for the services.
- In order to purchase any CDW products you will be required to provide us with at least one of the following: your credit card information, bank details or PayPal account information.
- Please be aware that credit card information may be shared with our third party payment processors such as PayPal.
- By ordering a CDW product or service, you agree that we may charge you the price listed at the checkout screen on our Site.
- All prices are in AU dollars and unless otherwise stated and inclusive of GST.
- If you change your mind we can offer you a refund before the specified start date of the program.
- Once the program has commenced, you can apply for a refund during weeks 1 and 2 of the program if you feel that you are not getting value from the program.
- In order to be eligible for the refund you will need to email us and submit the workbooks completed for week 1 and 2 so that we can see you have tried to take some action.
- In the event that unforeseen circumstances arise and CDW is not able to deliver full services as specified in the program outline, a pro rata refund will be offered OR accessibility at a later specified date.
- If you have any issues with payment do not hesitate to contact us at email@example.com
- This Site and all the materials available on the Site are the property of CDW and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
- The Site and content is provided solely for your personal noncommercial use.
- 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 or redistribute our Service.
- If we determine that any of your actions may harm CDW or are in breach of our license agreement we may exercise our right to terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases.
- You are solely responsible for protecting the security and confidentiality of your password and identification assigned to you.
- You shall immediately notify CDW of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
- CDW is committed to protecting your privacy.
- We guarantee that your information will not be disclosed, sold or traded with outside parties.
- The coaching relationship is completely confidential. We recognize that you may disclose personal information that we will not share with others.
- We will not at any time, either directly or indirectly, use any such information for our own benefit.
- Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties.
- Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.
- In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
- If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not CDW.
- Neither CDW nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.
- Furthermore, CDW neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized CDW representative while acting in his/her official capacity.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY CDW AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
- You agree at all times to defend, indemnify and hold harmless CDW its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Limitations and Liability
- Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, CDW does not assume any responsibility or liability for any damages to you.
- In no event will CDW, 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 websites linked to this website, 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.
- You agree to defend, indemnify and hold harmless Carpe Diem Wellbeing 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 CDW 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 defense and indemnification obligation will survive this Agreement and your use of the CDW 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.
- 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.
Choice of Law
- This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.
- 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.
- 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.
- 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.
- The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
- We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
- We may subcontract any of our obligations under this Agreement to any person.