TERMS OF SERVICES
General Terms and Conditions of Service – 2015
By using this website or products or services provided by Linda Morrison (LM), you agree to be bound by these General Terms and Conditions of Service 2015 (TC’s) (as amended by LM from time to time).
Your use of an access to the website and any services or products provided by LM is conditional upon your acceptance of and compliance with these TC’s.
You warrant that you are at least 18 years old and are legally capable of entering into a legally binding contract. If you are under the age of 18 years, you warrant that you have obtained consent from your parent or legal guardian and that they agree to be bound by these TC’s on your behalf.
Conditions of Use of this site and products and services
Medical and Health Disclaimer
You should obtain advice from a qualified medical, health or other professional person before relying on the contents of any information on this website or any products or services provided by Linda Morrison (LM), so as to determine their suitability for use by you. LM is not a medical professional and does not give, or purport to give, any medical diagnosis or advice. Nor should anything contained in this website or any products or services provided by LM be construed as medical advice or diagnosis. The products and services offered on this website are for information and educational purposes only.
This website and all products and services provided by LM are intended to be used by healthy adult individuals only. In particular, they may not be suitable for:
- individuals who are pregnant, are breastfeeding, or trying to conceive a child;
- individuals with any ongoing physical condition including:
- cancer or any other long term illness;
- liver disease, kidney disease or renal failure;
- eating disorders;
- diabetes, blood pressure or cholesterol issues.
- elderly persons;
- individuals who are recovering from recent illness or injury; and
- individuals with a low body mass index.
You must consult a qualified medical professional if you have any questions concerning your medical condition or any injury.
Disclaimers and Warranties
To the maximum extent permitted by applicable law, the disclaimers of warranties set out below form part of these TC’s in relation to all information and content on this website and all products and services provided by LM.
All is provided on an “as is” and “as available” basis without any warranties of any kind (express or implied). LM does not make any warranties:
- that the website will be error free or uninterrupted;
- that any file downloaded from the website is free of any virus or contamination or destructive features or that receipt of emails or other communication via the internet such as Facebook, Twitter etc;
- as to the merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non infringement of any product, service or publication on this website, or one that is able to be accessed through any link on this website;
- that a particular result or benefit will be achieved by using any of the information, products or services available through the website or as provided by LM. You acknowledge that results may vary from person to person and that you are using the information, products and services at your own risk;
- that any information provided is current, accurate, correct or reliable, although all is provided in good faith and is believed to be accurate as at the date of publication. You acknowledge that it may be updated from time to time and that products or services may be mispriced, described inaccurately, or be unavailable. This applies to all content, information or material contained on this website or that can be accessed through any link on this website.
LM reserves the right to change or update information and prices, correct errors, inaccuracies or omissions at any time without prior notice to you.
Third Party Content and Links
These TC’s only apply to this website and products and services provided by LM. LM, or third party users of LM’s website and social media forums, may provide links to other websites or resources via LM’s website or social media forums. LM has no control over these third party sites, content, products or services. You should read the terms and conditions, privacy policies and guidelines of any other website or product or service before using it. You acknowledge and agree that LM does not endorse (and is not responsible or liable for) any third party’s website, content, products, services or anything related to them. You further acknowledge and agree that under no circumstances will LM be held responsible or liable, whether directly or indirectly, for any loss or damage that you suffer, or allegedly suffer, in connection with your use or reliance on the website, content, products or services available on any other website or from any third party, or the actions or failure to act of any third parties who are referenced on the LM website.
Limitation of Liability
Indirect and Consequential Loss
To the extent permitted by law in no event will LM (or her employees, agents or subcontractors) be liable to you for any indirect, special or incidental, punitive, exemplary or consequential loss, costs expenses or damages (including loss of revenue, data, profits or opportunity whether directly or indirectly), suffered or incurred by you and arising out of or in connection with your access to or use of the website, any linked website, your reliance on any information on the website or use of products or services available on it, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute or any other basis of liability.
Terms Implied By Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into those terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits LM from excluding or modifying the application of, or LM’s ability under, any such condition or warranty, the condition or warranty will be deemed included by LM’s liability is limited for a breach of that condition or warranty to either of the following (at LM’s option):
- if the breach relates to goods – replacing or repairing the goods or supplying goods equivalent to those goods, or paying the cost of replacing, repairing or acquiring equivalent goods; or
- if the breach relates to services – re- supplying, or paying the cost of re-supplying those services.
To the extent permitted by law, LM’s total liability in respect of all claims in connection with use of this website, or products and services provided by LM or any agreement with LM (whether based in negligence, or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you (up to and including the date the cause of action accrued).
The limitation of liability set out above does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.
You agree to indemnify LM and any employees, agents and subcontractors from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a Solicitor/Client basis) suffered or incurred by us, which arises as a result of your breach of these TC’s.
This website (including content, material, recipes, exercise programs, logos and video) are owned by LM and remain the exclusive property of LM and her licensors. Nothing in the website should be interpreted as granting any right to commercial use or distribution of or transfer of intellectual property rights from LM to you of same without LM’s express, written consent.
Personal Information Collection Notice
In using the website or any products or services provided by LM, you may be required to provide certain personal information in which you have certain rights. Your personal information that LM may collect, use and disclose, may include sensitive information relating to your health, age, height and weight and how you pay for LM’s products and services. This information is required in order for LM to provide you with the products and services.
You always have the right to request LM to delete or correct information held about you.
Payment and Refunds
Access to and use of any service and purchase of any product made available on the website is conditional upon payment being received from you first. LM reserves the right to terminate your access or not provide any product or service if your required payment is not made or any installment payment due has not been paid on time.
All fees are non cancellable and non refundable.
If you have chosen a service that requires payment by installments for a specified term, or you have chosen to pay by installments where offered, you acknowledge that you are liable for all payments, until the end of the specified term and where applicable, your account will continue to be debited until the end of the specified term.
When providing LM with credit card, account or other personal financial details in order to make a payment, you warrant that you have the legal right to use that credit card or account to make purchases and the information that you are supplying is true, correct and complete.
We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product or service availability, errors in the description or price, any other error in your order, or for fraud or unauthorised or illegal transactions, whether actual or suspected.
Severance & Termination
We may terminate or suspend your access to this website or any product or service immediately, without prior notice, for any reason, including if you are in breach of these TC’s. LM is not liable to you or any third party for any claims or damages arising out of any termination.
If a provision of these TC’s is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
We reserve the right, at our sole discretion to amend, modify or replace these TC’s from time to time without notice to you. If an amendment, modification or replacement is material we will try to provide at least 15 days’ notice of same prior to them taking effect.
If you do not agree with any of the TC’s or any amendment, modification, or replacement you must stop using the website, product or service immediately. Your continued use of the website, or a product or service will constitute acceptance of these TC’s (and any amendment, modification or replacement from time to time) by you.
All terms which by their nature should survive termination, shall survive termination and expiry of any registration or membership or other agreement between you and LM, including without limitation, the abovementioned clauses regarding warranty disclaimers, indemnity and limitation of liability.
These TC’s are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
If you have any questions regarding this TC’s please contact LM.