This website is operated by Rising Up PTY LTD (ABN 54 149 467 774) (“Company,” "we," “us,” or "our"), through our website ditchingthediet.com ("Website"), offers weight management programs (“Programs” or “products and services”) for sale. Company offers Programs for sale subject to these Terms of Use (the "Terms"), which may be updated by us from time to time.

 

By accessing our Website and/or using our products or services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of products or services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our products or services, you should immediately discontinue use of the Website or our products or services. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user of one of our products/services. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our products or services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of products or services. You agree that Company is permitted to access and use any other information provided by you to provide products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the products or services we provided to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.

Access to the Website and Restrictions on Your Use

Company grants you access to our Website and use of our products and services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your access to our products or services and also may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, colour combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You agree that you will not do any of the following:

1. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

2. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.

3. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

4. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.

5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.

6. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.

7. "Frame" or "mirror" the Website or any part.

8. Use the Website or any Materials for any unlawful purpose.

9. Spam or flood.

10. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.

Privacy Policy

Company's Privacy Policy, as displayed on our Website, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.

Purchasing Items Featured on our Website

Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products featured on the Website, please note that the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you should contact customer service at support@ditchingthediet.com to lodge an inquiry.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.

Cancellation and Refund Policy

We offer a 30 day money back guarantee on for online only programs (programs that contain daily coaching are not included), All refunds will be calculated according to the actual purchase price paid at the time of purchase. Please note that returns for credit and debit card transactions are issued within two (2) business days, however it may take up to five (5) for the credit to post to your credit card or bank account. If you are mistakenly sent a different product than what you ordered, or if the product is defective upon receipt, we will replace the product at no additional cost to you.

We may make special offers on our Website, via telephone, email or otherwise. If there is a variation or conflict between the terms of the special offer and these Terms, these Terms will apply and take priority unless the modification specifically references these Terms.

To request a refund or exchange, contact Customer Service at support@ditchingthediet.com during regular business hours, Customers ineligible for a refund may be granted a partial refund in our sole and absolute discretion.

We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.

Modification or Suspension of the Website

You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically we strongly recommend you download all purchased content so that it is available to you in the event this website is no longer live

Content Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US. FURTHER, WE STRONGLY ENCOURAGE YOU TO REVIEW THESE WORKOUTS, TRAINING PLANS, MEAL PLANS OR ANYTHING ELSE FOUND ON THIS SITE, OR SENT YOU WITH YOUR PHYSICIAN. SHOULD YOUR PHYSICIAN ADVISE AGAINST ANYTHING ON THIS WEBSITE YOU AGREE TO NOTIFY US IN WRITING IMMEDIATELY AND CEASE FOLLOWING ANY CONTENT ON THIS SITE UNTIL SAID TIME THAT YOUR PHYSICIAN APPROVES OF THE WORKOUTS, TRAINING PLAN, MEAL PLAN OR ANYTHING ELSE FOUND ON THIS SITE. BY USING THIS SITE YOU SPECIFICALLY AGREE TO COMMUNICATE WITH YOUR PHYSICIAN AND YOU AGREE TO INDEMNIFY COMPANY FOR ALL INJURIES STEMMING FROM FAILING TO REVIEW THE PLAN WITH YOUR PHYSICIAN OR FOLLOWING THIS EXTREMELY IMPORTANT PHYSICIAN REVIEW ELEMENT.

THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.

Physician Consent and Review

The requirement that you review this plan with your Physician is of EXTREME IMPORTANCE. Do not enrol in a contest or push yourself beyond your Physician’s advice. As such we require that in order to use this site you speak with your Physician about the concepts and recommendations BEFORE heading any advice on this site. NOTIFY OUR CUSTOMER SERVICE TEAM IMMEDIATELY IF THERE IS A DISAGREEMENT WITH YOUR DOCTOR AND OUR PLANS. IF YOU DO NOT SPEAK WITH A DOCTOR IT IS POSSIBLE THAT YOU MAY BE INJURED OR DIE. YOU SPECIFICALLY INDEMNIFY US FROM THIS RISK OF INJURY OR DEATH EVEN IF SUCH INJURY IS CAUSED BY YOUR DOCTORS ADVICE.

Disclaimer of Warranties With Respect to Use of Website and Products and Services

THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability and Damages

YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. HOWEVER IN STATES WHERE THIS LIMITATION OF LIABILITY MAY BE ILLEGAL OR OTHERWISE ENFORCEABLE YOU AGREE TO THE HIGHEST LIMITATION OF LIABILITY AS WOULD BE PERMITTED UNDER STATE LAW AS LONG AS IT DOES NOT EXCEED WHAT IS AGREED TO IN THIS DOCUMENT. YOU UNDERSTAND THAT FOLLOWING THIS OR ANY FITNESS ADVICE MAY LEAD TO INJURY OR DEATH AND YOU AGREE TO ASSUME THE RISK OF INJURY OR DEATH IN USING THIS SITE OR PROGRAM.

Compliance With Laws

You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products or services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE AS WELL AS ALL DOWNLOADABLE CONTENT AND CONTENT SENT TO YOU IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Links to Third Party Sites

The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

Ownership of Content

Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, colour combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.

All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. ALL RIGHTS RESERVED.

Enforcement of Rules and Policies

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website or our products and services. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, its products and services, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.

We may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, testimonials, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, or any other content (“User Content”).

You may not submit or upload User Content that Company determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you.

You hereby grant Company an exclusive and unlimited license to use such materials to promote their business and to create new and additional products for their users. Notwithstanding any photographs or personally identifiable information will be removed upon request from websites that are owned by Company.

In the event that a personal identifiable photograph or other User Content is posted on a site outside of Company control you reserve the right to enforce your property rights against that third party offender. You however agree to indemnify Company from the leak or reposting and may not pursue damages against Company for the dissemination of this User Content as long as it was used along with the terms of this agreement. If a leak happens in which an employee or contractor of Company releases said images or other User Generated Content you understand and assume the risk of this dissemination. You may pursue that individual personally either civilly or criminally but you understand that in order for Company to provide complete protection the cost to do so would be prohibitive to the business and as such they specifically designate that you assume that risk in working on this site

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labelled "SUBMIT", "DOWNLOAD", "I ACCEPT", “COMPLETE ENROLLMENT”, “GET STARTED”, “SIGN UP”, or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.

Technical Support

If you encounter a technical problem or some other problem, our customer service representatives may be able to help.If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.

Miscellaneous

These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.

You warrant, represent and agree that, by using the Website and/or the products or services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.

In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.

This form is an important legal document that explains the risks you are assuming by beginning an exercise and nutrition program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST BARON GRANT FROM DITCHING THE DIET.