Customer Terms and Conditions

IMPORTANT PLEASE READ CAREFULLY

The terms of this document represent a binding legal agreement between you (“you” and “your”) and Life Advantage Pty Limited (ABN 98 118 522 688) (“we” and “us”) in relation to your Life Advantage subscription, the Life Advantage website (www.lifeadvantage.com.au) (“Site”) the Life Advantage Software provide to you for installation and any updates or upgrade to that software (“Software”) ( together referred to as “Life Advantage”).

1. Important Precondition

You acknowledge and agree that:

Physical exercise can involve serious risk.
Life Advantage does not monitor your health or provide medical advice.
All risks associated with action taken in response to information and recommendations provided by us including in the software.
It is a condition use of life advantage that you:
act on any recommendations made, including that you have a health check
immdediately stop execise and see your doctor if you experience chest pain or any significant discomfort of any kind
You must ensure that all users of your life advantage account are aware of and agree to these conditions and will indemnify and hold us harmless against any and all loss or injury suffered.
If you do not accept these terms and conditions please press “i do not accept” at the end of these terms and log out.

2. Subscription

You agree to pay our subscription fee as published on the Site from time to time. The subscription fee you must pay will be fixed for the term of the subscription that your purchase.

3. Access to Life Advantage

While your subscription fee is up to date and you are in full compliance with this Agreement we will make Life Advantage available online via the Software your authorised users.

4. Your Obligations

Comply with Warnings and Instructions

4.1 In accessing or using Life Advantage, you must comply with this Agreement and the special warnings or instructions for your exercise program, health management and your access and use of Life Advantage.

Indemnify us

4.2 Without limiting any other term of this Agreement, if you default negligently or wilfully in any of the obligations set forth in this Agreement (including our Privacy Policy), you will be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.

Provide accurate and up to date information

4.3 All the information that you provide to us must be true, accurate and current. You must keep the information that you provide to us is up to date.

4.4 If your personal information changes then please notify us immediately by updating your details through the “my account” page

You must protect your password

4.5 You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You accept responsibility for all activities that occur under your account or password.

4.6 If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you must contact us immediately.

5. Licence to use the Site

5.1 We grant you and the users of your subscription a limited, revocable, and non-exclusive license to access and make personal use of the Site.

5.2 The right of use granted to you and your users does not entitle you to:

frame or utilise framing techniques to enclose the Site or any portion of it;
modify or download the Site or its contents (except caching or as necessary to view content);
make any use of the Site or its content other than personal use;
make any derivative work based upon either the Site or its content;
collect account information for the benefit of another party;
use any meta tags or any other "hidden text" utilising our name or our trademarks;
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

5.3 We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site may:

link to, but not replicate, the content of the Site;
not imply that we are endorsing such website or its services or products;
not misrepresent its relationship with us;
not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
not portray us or our services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
not use any the trade mark “Life Advantage” without express written permission; and
not link to any page of the Site other than the home page.

5.4 We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Third Party Links

5.5 We are not responsible for the content of any off-Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

5.6 We are not responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions.

6. Software license

6.1 By downloading, Copying, installing and or using the Software you agree to strictly comply with this Agreement.

What you are entitled to do

6.2 Provided you are a paid subscriber and you comply with all the terms of this Agreement you are entitled to:

Install one copy of the Software on a computer.
Install up to two additional copies on other computers or mobile devices.
Make personal or family use of the Software (depending on the Subscription you have purchased) directly or by use of remote access technology provided the primary installation is permitted by (a) or (b) above.
Make one back up copy of the Software as part of any system or device back up.
Download a replacement copy of the software if your computer is lost or stolen.

What you are not entitled to do

6.3 You must not:

Permit any other person to use the Software;
License, sell, rent or distribute the Software;
Make the Software available for download or for remote use by any third party.
Decompile or reverse engineer the software except to the extent permitted by rights granted to you by the Copyright Act (Cth).
Copy any view, page, image or file presented on screen by the Software except using the “print” function and solely for your personal use.

7. Ownership of the Software

7.1 We own or have the right to grant this license to the Software.

7.2 Nothing in this agreement grants you ownership of any part of the Software.

7.3 The source code and architecture of the Software is our confidential information. You agree not to analyse and examine the source code or architecture of the software except as expressly permitted to do so by a right expressed in the Copyright Act (Cth) and not to disclose or communicate to any third party any information of which you might become aware.

8. Updates and Upgrades

8.1 We may issue updates and upgrades of the Software from time to time. You acknowledge and agree that:

if you wish to continue using the Software you must obtain and install all updates and any upgrade within 90 days of release;
these terms and conditions shall apply to the Software as upgraded and/or updated; and
if any upgrade or update contains new functions or features we may ask you to agree to additional terms or conditions of use and, if you don’t agree, you must cease using the software.

9. Rights to terminate this Agreement

9.1 We can terminate this agreement disable and/or restrict or modify the functionality of the Site or the Software if:

we cease to provide support for the services delivered using the Site or the Software;
we cease to support your version of the Software and you do not obtain an upgrade;
If you cease to be an Life Advantage Subscriber; and/or
you breach any term of this agreement and do not rectify the breach within 5 business days of being requested to do so by us.

9.2 You can terminate this agreement at any time by notification to us or ceasing to use the software. If you terminate this agreement before the end of your subscription you will not be entitled to a refund.

9.3 If this agreement is terminated you must cease using the software and uninstall it from any computer or other device on which it is installed. You must also delete any installers related to the Software.

10. Limitation of Liability

No representations or warranties

10.1 To the extent permitted by law, we make no representations or warranties of any kind whatsoever, express or implied, in connection with life advantage, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

Exclusion of loss caused by certain things

10.2 To the extent permitted by law you agree that we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any

loss of income;
access delays or access interruptions to the site;
data non-delivery, misdelivery, corruption, destruction or other modification;
loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site;
computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites;
any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
events beyond our reasonable control.

Exclusion of certain types of loss

10.3 To the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind or any lost profits related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Cap on Liability

10.4 In no event shall our maximum aggregate liability exceed one hundred dollars as applicable or the amount paid for your subscriptio over the last year.

11. Intellectual Property

11.1 All content available on the Site and in the Software, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is our property or the property of our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws.

11.2 The trademarks, logos, and service marks displayed on the Site and in the Software are our registered and unregistered marks or of our affiliates, licensors or partners, in Australia and other countries, and are protected by Australian and international trademark laws.

11.3 Except as expressly provided in this Agreement or required under applicable law, no part of the Site or the Software may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

12. Indemnification

12.1 You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand resulting from your use of Life Advantage.

13. Consent to collection of your health related information

13.1 You hereby consent to our collection and use of your health information for the purpose of providing Life Advantage Services to you and in accordance with our Privacy Policy.

13.2 Please review our Privacy Policy, which forms a part of this Agreement and governs your visit to the Site.

14. Consent to send you messages

14.1 You hereby consent to our sending you messages regarding our service including marketing messages and messages relating to associate products and services using any address (and associated means of communication) provided to us.

15. Unenforceable terms

15.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

16. Changes to these terms and conditions

16.1 We may issue modifications to these terms and conditions from time to time. Your continued use of the Software after release of a modification to this Agreement will signify your acceptance of the modification.

17. No Waiver

17.1 No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of this Agreement or the granting of time by either party to the other shall prejudice, affect or restrict the rights and powers of that said party hereunder nor shall any waiver by either party of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.

18. Governing law

18.1 This Agreement is governed by the law of New South Wales, Australia and all disputes will be heard in the courts of that jurisdiction.