1-HABIT NUTRITION WEBSITE TERMS AND CONDITIONS OF USE AND REGISTRATION
1. SCOPE AND PURPOSE OF TERMS AND CONDITIONS
The 1-Habit Nutrition website at http://1habitnutrition.com are owned and operated by JZ&A LLP (Registration Number: T16LL0583A) of 76 Punggol Walk #07-53 S(828788) (“1-Habit Nutrition”, “we”, “us”, “our”).
By clicking “I accept” “Sign up now”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor, if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old, and that you are their legal guardian if you are registering on behalf of a minor.
These terms apply to the use of this Site, including the use of the information services provided through this Site.
Upon registration as a member, you will be provided with a password and an account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Site. If you, or a user on whose behalf you register (including a minor), breached these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose to) against you alone.
You acknowledge that 1-Habit Nutrition is entitled to suspend or terminate your use of the Site, including your membership at anytime if we consider that you have brought, or may bring, the reputation of 1-Habit Nutrition or our members into disrepute.
It is also your responsibility to inform them of their obligations as a user of this Site and ensure their compliance with these terms, if you are registering on behalf of a minor.
2. CONDITIONS OF USE
A. SEEK ADVICE FROM A MEDICAL PROFESSIONAL
It is important to consult with your doctor or healthcare professional to ensure you are mindful of your current health, conditions and restrictions before beginning any fitness regime. As such, you should immediately seek medical attention and advice if there are any unanticipated changes to your physical condition at any time.
The information contained in this Site is not intended to be used as a professional medical advise nor should it be substituted for one. Information on the site is not used to diagnose, treat, cure or prevent any medical condition (including therapeutic purposes). You should carefully evaluate the accuracy and relevance of the information in this Site before relying on it and obtain appropriate professional medical advice.
If you have any questions concerning your medical conditions including any injuries, you should consult a qualified medical professional.
B. FITNESS LEVEL
In order for you to follow the exercise programs in our Site, you require a moderate level of fitness. Persons with pre-existing medical conditions, in poor health, recently injured, or with any other concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs.
You are responsible to make your own inquiries and seek advice from a qualified medical or healthcare professional before acting on any information and material made available to you through 1-Habit Nutrition. The information on the Site may not be suitable to your personal circumstances and you should not use it as a substitute for professional medical advice.
IF YOU HAVE ANY ONE OR MORE OF THE FOLLOWING CONDITIONS, THEN YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO STARTING ANY OF OUR EXERCISE PROGRAMS OR USING THE INFORMATION OR MATERIALS IN THE SITE:
– YOU ARE PREGNANT, BREASTFEEDING, OR TRYING TO CONCEIVE;
– YOU HAVE ON-GOING MEDICAL CONDITIONS;
– YOU SUFFER FROM CANCER;
– YOU HAVE LIVER, KIDNEY OR RENAL DISEASE OR FAILURE;
– YOU HAVE EATING DISORDERS
– YOU HAVE OR HAD DIABETES, LOW OR HIGH BLOOD PRESSURE OR CHOLESTEROL ISSUES;
– YOU ARE AN OLDER ADULT;
– YOU HAVE KNEE, HIP, ANKLE OR OTHER JOINT PAIN OR INJURIES;
– YOU ARE RECOVERING OR RECENTLY RECOVERED FROM ILLNESS OR OTHER INJURY;
– YOU HAVE A BMI OF OVER 35, OR UNDER 16;
– YOU HAVE OTHER LONG TERM CHRONIC ILLNESS.
If you do not have one or more of the conditions above, you acknowledge that the service we provide on the Site is information only service, and that you are solely responsible for following any exercise program that we provide.
We do not include any supervising or monitoring of your activity as part of our service and we are not responsible for any injuries that you may suffer as a result of following the exercise program or any other information and material provided by us.
You acknowledge that your participation in the recreational activities and information service may involve risks, including personal injury and/or death. Prior to participating in the program and services, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Site and risks that are not known to you or are not readily foreseeable at the time of participating in the program and services.
By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
C. INFORMATION PROVIDED ON 1-HABIT NUTRITION
All information provided by us on the Site is provided in good faith and we derive our information from sources we deem to be accurate and up to date at time of publishing. We may update the information provided on the Site at any time but you accept and acknowledge that the information may not be the most current available.
We do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from the use of this Site and the information provided.
We may provide health, fitness and nutritional information for educational purposes but we do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation. We may refer the member to certain third party resources and any referrals should not be construed as an endorsement, promotion or recommendation by 1-Habit Nutrition.
In addition, to the extent permitted by law, we are not liable for any loss arising from any action taken by you on any information and material available on the Site.
D. OUR SERVICE
Our service shall be delivered as described from time to time on our website. You acknowledge and understand that access to any specific trainer mentioned in the Site, in person, or on-line is not guaranteed.
E. NUTRITIONAL INFORMATION
Nutritional Information provided on the Site is taken from sources provided by third parties, including. Before relying on any nutritional information on the Site, you should carefully assess and evaluate the accuracy, completeness and relevance of this information for your own purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. 1-Habit Nutrition does not give any warranty that the information is free from error or suitable for your own purposes.
3. PAYMENTS AND REFUNDS
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. By placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable, unless:
1. during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at email@example.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, Twitter, Facebook etc); or
2. we agree to issue you with a refund in accordance with the clause (variation) below.
Upon receipt of a refund your agreement with us is at an end and we will cancel your account.
All fees are non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full 15 weeks).
4. INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionality provided by external websites, copyright in this Site is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by 1-Habit Nutrition and its parent company Pretty Awesome.
All names, logos and trademarks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
5. QUALITY OF THE SITE
We do not guarantee that the Site will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” basis and we do not guarantee that the files you download from the Site will be free of viruses or contamination or destructive features.
6. USER-GENERATED CONTENT
This Site may allow you to post information, photos, content, user submissions and/or upload materials (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately. We are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).
Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither 1-Habit Nutrition nor you may be able to control the further disclosure and publication of that User Content.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Site that is accessible to the public or other users of the Site.
Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact us at firstname.lastname@example.org.
7. EXTERNAL LINKS
We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
8. PERMITTED USE
We prohibit the use of this Site and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
1. you are legally responsible for all User Content you submit;
2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Site, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
4. you will not:
a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
b. bypass (or attempt to bypass) any security mechanisms imposed by the Site;
c. harvest or collect email addresses, photographs or personal information of other users;
d. impersonate any person or entity;
e. post or transmit false or misleading material or make any form of misleading or deceptive representation;
f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
g. exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
h. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
i. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
5. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
9. PERSONAL INFORMATION COLLECTED
In registering for access or using this Site, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
While we store the majority of the personal information that we collect from you in Singapore, we may from time to time store some of the information in a computer server located in Australia and in the United States.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time.
11. GOVERNING LAW
This Terms and Conditions and all its subsequent variations shall be subject to, governed by and interpreted in accordance with the laws of Singapore for every purpose.