General, capacity and deemed acceptance
As expressed in these Terms, ‘LS’, ‘Us’, ‘We’ or ‘Our’ means Lean Seven Pty Ltd (ACN 660 912 274) operating an international website for people at www.leanseven.com.au, www.leansevenlive.com.au, www.hormonedomino.training/online-program, hormonedomino.training and www.hormonedomino.training/course and www.hormonedomino.com (‘Website’), and which:
LS provides the Services through the Website.
The LS Privacy Policy, and any other terms, conditions, disclaimers or notices displayed on the Website or provided to You by LS, forms part of these Terms and Conditions of Use (collectively, the ‘Terms’). By continuing to browse and use the Website and/or engage the Services, ‘You’ or ‘Your’ (as the context allows) irrevocably agree to these Terms as set out. You should review the Terms carefully and immediately cease using the Website if you do not agree to the Terms.
It is intended that these Terms are legally binding on You and Us. By accessing or using the Website, You are deemed to accept these Terms which together with the LS Privacy Policy, and any other terms, conditions, disclaimers or notices displayed on the Website or provided to You by LS, govern Our relationship with You in relation to the Services.
LS may amend and/or vary these Terms and the fees associated with an Applicable Category (as that term is defined below) at any time and at the sole discretion of LS, and You agree to be bound by these Terms as amended and/or varied if You continue to use the Website and/or engage the Services. The amended and/or varied Terms will be published in or on the Website from time to time and You will be given reasonable notice of such change to any fees. You should check these Terms regularly prior to accessing the Website and/or Services to ensure You are aware of any amendments and/or variations.
Where LS develop an application for use in tandem with the Website, Your use of that application shall be governed by the Terms (and any all references to the Website in the Terms shall be considered references to that application as well as the Website).
LS provides the Services through the Website. LS and its services providers are not medical practitioners. The Services should not be considered:
and each user should seek their own independent medical services and advice, which the Services shall not substitute.
The following capitlised terms have the following definitions:
Your Information and Our Privacy Policy
Your Privacy is important to Us.
By using the Website and/or engaging Services, You may choose to provide Us with personal information such as Your name and email address and any other details requested by Us so that You may access any membership category offered on the Website (‘Applicable Category’). You must ensure that any information given to Us in connection with Your Applicable Category, or the Services generally, is accurate and current. We will handle all of Your personal information in accordance with Our LS Privacy Policy. You agree that You have read and accept Our LS Privacy Policy.
Our Information
As outlined in any LS disclaimer, information found on the Website and the Services provided are not medical services and/or medical advice and is not comprehensive, and is intended to provide general guidance only in respect of the information and Services, to support personal wellbeing. While We use all reasonable attempts to ensure the accuracy and completeness of the information on Our Website, to the extent permitted by law, including the Australian Consumer Law, We make no warranty regarding this. You accept that it is Your responsibility to monitor any changes to the information on Our Website and take reasonable steps to ensure its accuracy and completeness including seeking independent medical advice.
Intellectual Property & Copyright
Unless otherwise indicated, LS owns or licences from third parties all rights, title and interest including copyright, designs, patents, trademarks and other intellectual property rights and all material including all text, videos, graphics, logos, button icons, images, audio, digital downloads, data complications and software (‘Material’), on the Website and/or imbedded within the Services (collectively, the ‘Owned Content’). All of the Material is protected by Australian copyright laws and trademark laws. Your use of the Website and Services and any access to the Owned Content does not grant or transfer any rights, title or interest to You in relation to the Owned Content.
You may not copy, further develop, reverse engineer, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or otherwise use the Owned Content in any way, except to the extent permitted by law.
Your Use and terms related to Your use on Your devices
Subject to the benefits in Your Applicable Category, the Website and/or Services are for Your personal use only. You may not use the Website and/or Services, or any of the Owned Content therein, to further Your commercial purposes, including any advertising or advertising revenue generation activity on Your personal website(s), application(s) or otherwise (unless specifically authorized by Us in any Membership Category (either current or one that We subsequently implement) which will be subject to such separate terms in relation to that Membership Category).
Electronic Communications
When You use the Website, engage the Services and/or sign up to an Applicable Category, You may be communicating with Us electronically (‘Electronic Communications’). You consent to receive Electronic Communications, such as notifications and emails, from Us. You can retain copies of Electronic Communications for Your records only.
When engaging Us through Electronic Communications, You must ensure the content of that Electronic Communication does not breach any law, is not obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not contain software viruses, spam or any alike material (‘Prohibited Communications’). You accept all responsibility for any damage or liability arising from Your sending of Prohibited Communications.
Linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and/or may be required to enliven an ancillary service required by the Website in its operation, but those linked websites may not remain current or be maintained. Unless expressly stated otherwise, We do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Account, Membership Categories & Cancellations
To access the Website, Services and an Applicable Category, You may require an account (‘Account’). You are required to maintain the confidentiality of Your Account and associated information including Your password and login details (where applicable). You agree to accept responsibility for all activities that occur under Your Account. Creation of an Account and use of the Website and/or Services are not available to children. If you are under the age of 18 years, it is a requirement that the Account is opened with the appropriate consent from a parent or guardian (and in doing so that parent or guardian also accepts these Terms).
The associated price for each of the Applicable Categories outlined above will be displayed in the Fees section of the Website and confirmed upon any purchase depending on Your Applicable Category. These fees displayed on the website may be changed from time to time by Us with notice of this by updating the relevant fees section.
You acknowledge that the stated Applicable Category price may be exclusive of any fees, taxes and/or statutory or Government charges. All applicable fees, taxes and statutory or Government charges (including GST, where applicable) shall be listed on the applicable invoice and such amounts shall be charged to, and be paid for, by You in addition to the stated Applicable Category price.
We note that the payment terms for the Applicable Category will be confirmed as outlined above, however in most instances:
You will not be prompted with any login details to access the LS Online Course unless and until:
Information required by You:
General Licence & Access
Subject to Your compliance with these Terms, LS may grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services (‘Licence’). The Licence does not include any resale or commercial use of the Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to You in these Terms are reserved and retained by LS or its licensors, suppliers, publishers, rightsholders, or other content providers. The Services, nor any part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LS (which may be withheld absolutely). You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of LS without express written consent from LS. You may not use any meta tags or any other hidden text utilising the LS name or trademarks without the express written consent of LS. You may not misuse the Services. You may use the Services only as permitted by law. The licence that may be granted to You by LS to access the Services may be terminated by LS:
Use of Applications and Services
Your use of the Website and/or engagement of the Services must be utilised in a manner as advised by Us. If You access the Website and/or engage the Services on or from an Android device, which You or someone else ‘rooted’ (the process of modifying the software of an Android device) or on or from an iOS device which You or someone else ‘jail broke’ (the process of modifying the software of an iOS device), LS shall not be responsible for the security of Your data, including Your personal information, and You shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data (and You indemnify and forever release LS against such losses, claims or damages in any form).
Third Party Providers
You acknowledge and agree that the Services and/or information provided on the Website are provided by LS and, from time to time, may be provided by third parties (including contractors or other members) either elected by LS or who otherwise are users of the Website (‘Third Party(s)’). You covenant and agree that, where the Services and/or information are provided by a Third Party:
Disclaimer of Warranties & Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall We be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to Your use of the Website and/or engagement of the Services, as a result of the inaccessibility of the Website and/or Services or the fact that the Information is incorrect, incomplete or not up-to-date.
We make no warranties or representations about the Website or the Services, including, but not limited to, being free from error or software virus. You expressly agree that Your use of the Website and/or the Services is at Your sole risk.
We reserve the right to restrict, suspend or terminate without notice Your access to the Website, or Your access to the Applicable Category, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Limitation of Liability and Indemnity
If You are not a Consumer, We shall not be liable in any circumstances:
To the maximum extent permitted by law, You hereby indemnify and forever holds Us harmless from all Loss caused or contributed to by any negligent and/or wilful act or omission or any breach of these Terms by You, or by Us arising from the provision of Services in accordance with these Terms.
To the extent permitted by law, Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by You for the provision of the Services under these Terms, quantitated and limited to the most recent one annual period.
Australian Consumer Law Guarantees – Limitation of Liability
If You are a Consumer and any of the Services supplied by Us are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, Our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Services is limited to, at Our option:
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, You are entitled:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure You are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion of the contract.
Confidentiality
You agree to treat all confidential information and ideas communicated by Us and other Website users confidential, and agree not to divulge that information to any third party, without the owners written consent. All confidential information and ideas communicated by Us and other Website users to You is done so on a ‘commercial in confidence’ basis thereby, You agree not to reproduce or provide said information in any manner to any third party without the prior written approval of the owner.
Jurisdiction and Governing Law
Your use of the Website, the Services and these Terms are governed by the law in force in the State of South Australia and You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia and the Federal Court of Australia (Adelaide Registry).
Assignment
You shall not assign Your rights and/or obligations under the Terms, without the prior written consent of Us.
We may assign Our rights and/or obligations under the Terms, without Your consent.
Severance and construed terms
If any part of the Terms are or become void or unenforceable, that part is or will be severed from the Terms, with both parties agreeing that all parts that are not, or do not become, void or unenforceable remain in full force and effect and are unaffected by that severance. No provision of these Terms shall be construed by any Court or other judicial authority against any party hereto by reason of such party’s being deemed to have drafted or structured such provisions.
Waiver
A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
Notice and procedure for making claims of intellectual property infringement or complaints
LS respects the intellectual property of others. If You believe that Your intellectual property rights are being infringed, please report this to Us at the following email address: support@leanseven.com.au.
This email address may be used to report all types of intellectual property claims to LS including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners have about any alleged infringement, and We terminate the Applicable Category of repeat offenders in appropriate circumstances.
Written claims concerning copyright infringement must include the following information: