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Terms of service


1. YOUR ACCEPTANCE

The following terms and conditions relate to the provision of any services or sale of nutritional products (including all physical products and any downloadable material) from The I Quit Sugar website https:/iquitsugarcom/ (“Site”) (“Products”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between, Wellness Co Pty Ltd ABN 70 654 821 986 (“I Quit Sugar” “us”, “we”, “our”), the owner and operator of the Site, and you (“you”, “your” or “user(s)”), a user of the Site and/or purchaser of Products (“Agreement”).

By using or accessing our Site or purchasing any Products you agree to be bound by this Agreement, our Terms of Use, Privacy Policy and Returns Policy. We may amend this Agreement, our Terms of Use, Privacy Policy and Returns Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, our Terms of Use, Privacy Policy or Returns Policy (or any subsequent amendments) you must cease using or accessing our Site and the purchase of any Products immediately.

Users must be 18 years or older to purchase any of our Products or use our services.

 

2. INFORMATION DISCLAIMER

All information supplied on our Site has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for any particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. None of our Products are intended to treat any medical condition. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment or health supplement, continuing with medical treatment or health supplement or with any questions you may have regarding yours or any other parties’ medical condition.

NOTHING CONTAINED ON OUR SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

 

3. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE

  • All content on our Site is for informational and educational purposes only.
  • Any statements appearing on our Site have not been evaluated by any other national or international agencies.
  • None of the content or Products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
  • The Products and content found on our Site are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
  • You should always speak with your doctor or other healthcare professional before taking any dietary regime or otherwise purchasing any of our Products.
  • If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before purchasing our Products.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
  • Please seek medical advice in regards to your health conditions and physical fitness.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

4. NUTRITIONAL INFORMATION

Nutritional information provided on our Site is based on extensive research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Nutrient data published on our Site may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.


5. MEDICAL DISCLAIMER

You are aware that choosing one of our Programs can be of assistance in achieving your goal, and the Website is a part of assisting you in achieving your health goals.

We make no guarantees that by using the Website you will achieve your desired goals; they are provided only to assist you in achieving a healthy lifestyle. Information provided by the Website is made available for your benefit and is not intended to provide or substitute medical advice from a health professional. We strongly recommend that you seek advice from a qualified health care professional before you embark on your healthy goals. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of using or relying upon any information provided on our Website.

 

6. TRADEMARKS

All trademarks and logos displayed on our Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws.


7. TESTIMONIALS

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.

 

8. PERSONAL INFORMATION

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain lifestyle data such as; marital status, family makeup, physical activity, and interests. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at support@iquitsugar.com with ‘unsubscribe’ in your email’s subject.

 

9. THIRD PARTIES

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain Personal Information required to perform their function. They cannot use your information for any other purpose.

The Website may also contain links to websites operated by third parties. Such links are provided for convenience only and I Quit Sugar has no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

 

10. USER ACCOUNTS

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

 

11. PAYMENT

We use a secure online payment system PayPal.

In order to purchase any of our Product you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be pre-paid. Orders will only be shipped or available for download (for electronic products) after full payment of the total amount is cleared.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards

The prices for Products provided under this Agreement will be as set out on our Site at the time you offer to purchase the Products. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at support@iquitsugar.com.

All Products available from our Site are subject to consumer protections under the Australian Consumer Law.

 

12. REFUNDS AND CANCELLATIONS

Our eBooks are digital products and cannot be returned to us for a refund. We want you to be satisfied with our products, so please contact us at support@iquitsugar.com if you’re unhappy with your eBook to see how we can remedy any problems you may have. 

 

13. CONTACT INFORMATION

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at support@iquitsugar.com.

 

14. SECURITY

I Quit Sugar will actively take steps to protect the information you provide to us via our Website. However, we cannot guarantee that the information you transmit through our Website via the internet will be secure. There are risks in using the Website notwithstanding our efforts to secure and encrypt information you send us. Therefore, you accept that any Personal Information you provide us is at your own risk.


We recommend that you maintain up-to-date anti-virus, anti-malware and anti-spyware software on your computer and/or mobile device. If you are using a mobile device to access the Website here are some additional steps you should take include:

enabling a passcode lock on the device and if it allows access via fingerprint, facial recognition or other forms of physical attribute (biometric data) controlling the persons that may access the device via stored biometric data;

disabling features that may be accessible without entering passcodes;

making sure you regularly update the mobile device's firmware;

enable privacy settings on the mobile device's browser; and

disabling Bluetooth and Wi-Fi on the mobile device when it is not being used.

 

15. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD

Except as expressly stated herein, I Quit Sugar makes no representations or warranties, either express or implied, of any kind with respect to products sold on our site. Except as expressly stated herein, I Quit Sugar expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the 'consumer guarantees' outlined in the Australian consumer law (found at:www.accc.gov.au). You agree that the sole and exclusive maximum liability to I Quit Sugar arising from any product sold on our site shall be the price of the product ordered. In no event shall I Quit Sugar, its related entities or its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to any product sold

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

 

16. INDEMNITY

You agree to defend, indemnify and hold harmless Wellness Co Pty Ltd and I Quit Sugar its officers, directors, employees and agents and its Related Entities, 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 our Site and your use of any Products;
  • your violation of any term or condition of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

 

17. PRIVACY AND CHILD PROTECTION

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records and Information Privacy Act 2002 (NSW)) (“HRIP Act”) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information.

Our Privacy Policy can be accessed by clicking on this link

I Quit Sugar complies with all Australian Child Protection legislation to the extent applicable.

 

18. CHOICE OF LAW

This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract are deemed to have occurred in New South Wales, Australia.

 

19. FORUM OF DISPUTE

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

20. FORCE MAJEURE

You agree that 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, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

21. SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

 

22. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

23. ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

24. AMENDMENTS

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 Site and/or purchasing our Products.

 

25. ELECTRONIC COMMUNICATIONS

We use electronic means of communication, whether you visit our Site or send use-mails, or whether we post notices on our Site or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.

 

26. GENERAL

  1. This Agreement, together with our Terms of Use, Privacy Policy and Returns Policy constitutes the whole of the legal 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.
  2. 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.
  3. 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.
  4. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

 

27. TCPA Compliance:

Text Marketing and notifications:

By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. Message frequency varies. 

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

 

28. GDPR Compliance:

Text Marketing Terms and Conditions:

We are using a text messaging platform, which is subject to the following terms and conditions. By opting in for our text marketing and notifications, you agree to these terms and conditions.

By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. Message frequency varies. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages.

Your phone number, name, and purchase information will be shared with our SMS platform "Klaviyo, an American company with an office in Boston, MA, USA and in London, UK. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.


 

 

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