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  • 1. Your Acceptance

    Welcome to the Terms of Service for the Health & Performance Collective website and any associated services. This is an agreement (“Agreement”) between, Health & Performance Collective, the owner and operator of http://www.healthandperformancecollective.com (the “Site”), any Health & Performance Collective services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.

    Throughout this Agreement, the words “Health & Performance Collective,” “us,” “we,” and “our,” refer to our company Health & Performance Collective and our Site or any Services, as is appropriate in the context of the use of the words.

    By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and will notify you when we do so. If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.

    Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Site and Service. Users must be 18 years or older to purchase any of our products or Services.

    2. Statements Have Not Been Evaluated; Speak With Your Doctor

    All content created by Health & Performance Collective is for informational and educational purposes only.
    Any statements listed on our Site or Service have not been evaluated by any other national or international agencies.
    None of the content or products offered on the Health & Performance Collective Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions.
    The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
    You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
    If you have or suspect that you have a medical problem, promptly contact your health care provider.
    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.
    You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
    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.
    3. Nutritional Information

    Nutritional information provided on Health & Performance Collective website is based on extensive research. Before relying on any nutritional information on this 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.

    4. Fitness Level

    Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new nutrition or fitness regime should consult with an appropriate healthcare professional before beginning any nutrition or fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

    You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Health & Performance Collective website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

    5. 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.

    6. User Accounts

    Health & Performance Collective may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms. Health & Performance Collective has no obligation to investigate the authorization or source of any such access or use of the Site.

    You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

    You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Health & Performance Collective of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

    7. Payment

    In order to purchase any Health & Performance Collective products 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 such as Stripe. By ordering an Health & Performance Collective product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at Privacy Policy – Health & Performance Collective

    1. Introduction

    Welcome to the Privacy Policy for http:// www.healthandperformancecollective.com (“Site”) and any associated services owned by Health & Performance Collective. Throughout this policy, the words “Health & Performance Collective”, “us”, “we” and “our” refer to company, Health & Performance Collective and our Site or any “Services” we provide, as is appropriate in the context of the use of the words.

    We recognised the importance of protecting the privacy of individuals and their personal information. We aim to provide a Site and Services that will ensure the information you provide to us online is collected, managed and disclosed in a secure and confidential manner.

    This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Services. You must be over the age of 18 to use our Site or Services, or a minimum 13 years of age with a parent’s permission. You must be 18 years of age or older to purchase any products or Services from Health & Performance Collective.

    2. Information collected

    Personally identifiable information submitted by you

    You will not be required to provide us with any information when you visit our Site. However, if you opt to receive email communications from us we will ask you for your name, email address and a little bit about you, such as what country you live in.

    In order to purchase any products, you could be required to submit your name, email, address, phone contact and payment information.

    If you wish to sign up for any Programs, you may also be asked to submit additional information including, but not limited to, your address, mobile number, medical history, physical characteristics and your health goals.

    Please be aware that all payment information will be shared with and stored by our third-party payment processor, Stripe.

    Non-identifying information

    Whenever you use our Site or Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider or additional records from a third party, such as your wireless provider, this information alone cannot usually be used to identify you.

    3. Use of your information

    We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information to:

    enhance or improve our users’ experiences.
    provide our Services to you.
    email you newsletters and correspondence.
    process your transactions.
    contact you and to respond to inquiries.
    Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any laws or if a violation of the Terms of Service or Privacy Policy has occurred.

    4. Accessing, editing and removing your information

    You will not be able to access any information submitted to our Site. However, if you have any questions or wish to review, change or delete any of your information submitted, please contact us at hello@healthandperformancecollective.com . Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at hello@healthandperformancecollective.com . After you have you have submitted information to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

    Cookies and tracking

    Cookies

    We use cookies on our Site and Services. Cookies are little bits of code that help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason we ask that you have cookies enabled while using our Site or Services.

    Google Analytics and Google Adwords

    We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provide us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our site you consent to the processing of data about you by Google as described in Google’s Privacy Policy.

    We also use Google AdWords and remarketing to display specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to display these ads.

    When creating remarketing lists, we can’t and don’t use any sensitive information about users. As AdWords advertisers, we are restricted from and will not perform the following actions:

    a. Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers and credit card numbers.

    Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.

    You can opt out of Google Analytics for display advertising and customise Google Display ads using the Ads Preferences Manager by visiting www.google.com/settings/ads.

    2. Third-party access to your information

    Although you are entering into an Agreement with Health & Performance Collective to disclose your information to us, we do use third-party individuals and organisations to assist us, including contractors, web hosts and others.

    In providing our Services to you, we may delegate our authority to collect, access, use and distribute your information. In agreeing to this Privacy Policy you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party that we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you.

    1. Law enforcement

    You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

    In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

    You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

    2. Commercial and non-commercial communications

    If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Health & Performance Collective that you no longer wish to receive these solicitations, and we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy or applicable law. If you wish to opt out of certain communications, please contact us at hello@healthandperformancecollective.com .

    3. Third parties

    Health & Performance Collective may post links to third party websites on our Site or Services, which may include information that we have no control over. When accessing a third party site through our Site or Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites.

    Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Health & Performance Collective bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

    4. Security measures

    We take reasonable attempts to protect your information. However, as this is the internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.

    5. Your Australian privacy rights

    Health & Performance Collective intends to comply with 1988 Privacy Act of Australia. If you are an Australian citizen you may wish to ask us additional questions regarding the information we collect. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at hello@healthandperformancecollective.com with any questions.

    6. Age compliance

    We intend to fully comply with international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us immediately.

    7. International transfer

    Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to Australia or elsewhere and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

    8. Amendments

    Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at hello@healthandperformancecollective.com

    .

    The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.

    All prices are in AU dollars unless otherwise stated and inclusive of GST.

    8. GST

    Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act;

    Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply;

    Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.

    9. Refunds and cancellations

    Prior to your appointment, you will be able to cancel your appointment without incurring a fee up to 24 hours prior to your appointment time. If the appointment is cancelled, it can be rescheduled at a mutually agreeable time. If a time cannot be agreed to, a refund will be paid as long as the appointment was cancelled outside the free cancellation time frame. To request a refund, please contact us at Privacy Policy – Health & Performance Collective

    1. Introduction

    Welcome to the Privacy Policy for http:// www.healthandperformancecollective.com (“Site”) and any associated services owned by Health & Performance Collective. Throughout this policy, the words “Health & Performance Collective”, “us”, “we” and “our” refer to company, Health & Performance Collective and our Site or any “Services” we provide, as is appropriate in the context of the use of the words.

    We recognised the importance of protecting the privacy of individuals and their personal information. We aim to provide a Site and Services that will ensure the information you provide to us online is collected, managed and disclosed in a secure and confidential manner.

    This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Services. You must be over the age of 18 to use our Site or Services, or a minimum 13 years of age with a parent’s permission. You must be 18 years of age or older to purchase any products or Services from Health & Performance Collective.

    2. Information collected

    Personally identifiable information submitted by you

    You will not be required to provide us with any information when you visit our Site. However, if you opt to receive email communications from us we will ask you for your name, email address and a little bit about you, such as what country you live in.

    In order to purchase any products, you could be required to submit your name, email, address, phone contact and payment information.

    If you wish to sign up for any Programs, you may also be asked to submit additional information including, but not limited to, your address, mobile number, medical history, physical characteristics and your health goals.

    Please be aware that all payment information will be shared with and stored by our third-party payment processor, Stripe.

    Non-identifying information

    Whenever you use our Site or Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider or additional records from a third party, such as your wireless provider, this information alone cannot usually be used to identify you.

    3. Use of your information

    We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information to:

    enhance or improve our users’ experiences.
    provide our Services to you.
    email you newsletters and correspondence.
    process your transactions.
    contact you and to respond to inquiries.
    Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any laws or if a violation of the Terms of Service or Privacy Policy has occurred.

    4. Accessing, editing and removing your information

    You will not be able to access any information submitted to our Site. However, if you have any questions or wish to review, change or delete any of your information submitted, please contact us at hello@healthandperformancecollective.com . Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at hello@healthandperformancecollective.com . After you have you have submitted information to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

    Cookies and tracking

    Cookies

    We use cookies on our Site and Services. Cookies are little bits of code that help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason we ask that you have cookies enabled while using our Site or Services.

    Google Analytics and Google Adwords

    We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provide us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our site you consent to the processing of data about you by Google as described in Google’s Privacy Policy.

    We also use Google AdWords and remarketing to display specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to display these ads.

    When creating remarketing lists, we can’t and don’t use any sensitive information about users. As AdWords advertisers, we are restricted from and will not perform the following actions:

    a. Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers and credit card numbers.

    Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.

    You can opt out of Google Analytics for display advertising and customise Google Display ads using the Ads Preferences Manager by visiting www.google.com/settings/ads.

    2. Third-party access to your information

    Although you are entering into an Agreement with Health & Performance Collective to disclose your information to us, we do use third-party individuals and organisations to assist us, including contractors, web hosts and others.

    In providing our Services to you, we may delegate our authority to collect, access, use and distribute your information. In agreeing to this Privacy Policy you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party that we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you.

    1. Law enforcement

    You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

    In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

    You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

    2. Commercial and non-commercial communications

    If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Health & Performance Collective that you no longer wish to receive these solicitations, and we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy or applicable law. If you wish to opt out of certain communications, please contact us at hello@healthandperformancecollective.com .

    3. Third parties

    Health & Performance Collective may post links to third party websites on our Site or Services, which may include information that we have no control over. When accessing a third party site through our Site or Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites.

    Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Health & Performance Collective bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

    4. Security measures

    We take reasonable attempts to protect your information. However, as this is the internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.

    5. Your Australian privacy rights

    Health & Performance Collective intends to comply with 1988 Privacy Act of Australia. If you are an Australian citizen you may wish to ask us additional questions regarding the information we collect. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at hello@healthandperformancecollective.com with any questions.

    6. Age compliance

    We intend to fully comply with international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us immediately.

    7. International transfer

    Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to Australia or elsewhere and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

    8. Amendments

    Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at hello@healthandperformancecollective.com

    .

    10. Product Availability

    Due to product demands, Health & Performance Collective products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship/provide Health & Performance Collective products when they become available.

    11. 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 Privacy Policy – Health & Performance Collective

    1. Introduction

    Welcome to the Privacy Policy for http:// www.healthandperformancecollective.com (“Site”) and any associated services owned by Health & Performance Collective. Throughout this policy, the words “Health & Performance Collective”, “us”, “we” and “our” refer to company, Health & Performance Collective and our Site or any “Services” we provide, as is appropriate in the context of the use of the words.

    We recognised the importance of protecting the privacy of individuals and their personal information. We aim to provide a Site and Services that will ensure the information you provide to us online is collected, managed and disclosed in a secure and confidential manner.

    This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Services. You must be over the age of 18 to use our Site or Services, or a minimum 13 years of age with a parent’s permission. You must be 18 years of age or older to purchase any products or Services from Health & Performance Collective.

    2. Information collected

    Personally identifiable information submitted by you

    You will not be required to provide us with any information when you visit our Site. However, if you opt to receive email communications from us we will ask you for your name, email address and a little bit about you, such as what country you live in.

    In order to purchase any products, you could be required to submit your name, email, address, phone contact and payment information.

    If you wish to sign up for any Programs, you may also be asked to submit additional information including, but not limited to, your address, mobile number, medical history, physical characteristics and your health goals.

    Please be aware that all payment information will be shared with and stored by our third-party payment processor, Stripe.

    Non-identifying information

    Whenever you use our Site or Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider or additional records from a third party, such as your wireless provider, this information alone cannot usually be used to identify you.

    3. Use of your information

    We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information to:

    enhance or improve our users’ experiences.
    provide our Services to you.
    email you newsletters and correspondence.
    process your transactions.
    contact you and to respond to inquiries.
    Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any laws or if a violation of the Terms of Service or Privacy Policy has occurred.

    4. Accessing, editing and removing your information

    You will not be able to access any information submitted to our Site. However, if you have any questions or wish to review, change or delete any of your information submitted, please contact us at hello@healthandperformancecollective.com . Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at hello@healthandperformancecollective.com . After you have you have submitted information to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

    Cookies and tracking

    Cookies

    We use cookies on our Site and Services. Cookies are little bits of code that help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason we ask that you have cookies enabled while using our Site or Services.

    Google Analytics and Google Adwords

    We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provide us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our site you consent to the processing of data about you by Google as described in Google’s Privacy Policy.

    We also use Google AdWords and remarketing to display specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to display these ads.

    When creating remarketing lists, we can’t and don’t use any sensitive information about users. As AdWords advertisers, we are restricted from and will not perform the following actions:

    a. Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers and credit card numbers.

    Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.

    You can opt out of Google Analytics for display advertising and customise Google Display ads using the Ads Preferences Manager by visiting www.google.com/settings/ads.

    2. Third-party access to your information

    Although you are entering into an Agreement with Health & Performance Collective to disclose your information to us, we do use third-party individuals and organisations to assist us, including contractors, web hosts and others.

    In providing our Services to you, we may delegate our authority to collect, access, use and distribute your information. In agreeing to this Privacy Policy you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party that we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you.

    1. Law enforcement

    You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

    In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

    You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

    2. Commercial and non-commercial communications

    If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Health & Performance Collective that you no longer wish to receive these solicitations, and we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy or applicable law. If you wish to opt out of certain communications, please contact us at hello@healthandperformancecollective.com .

    3. Third parties

    Health & Performance Collective may post links to third party websites on our Site or Services, which may include information that we have no control over. When accessing a third party site through our Site or Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites.

    Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Health & Performance Collective bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

    4. Security measures

    We take reasonable attempts to protect your information. However, as this is the internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.

    5. Your Australian privacy rights

    Health & Performance Collective intends to comply with 1988 Privacy Act of Australia. If you are an Australian citizen you may wish to ask us additional questions regarding the information we collect. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at hello@healthandperformancecollective.com with any questions.

    6. Age compliance

    We intend to fully comply with international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us immediately.

    7. International transfer

    Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to Australia or elsewhere and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

    8. Amendments

    Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at hello@healthandperformancecollective.com

    .

    12. Taxes

    You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.

    13. Modification of Service

    We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

    14. Our License Grant to You

    We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.

    This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Health & Performance Collective or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us.

    16. Use of Health & Performance Collective

    When using our Service, you are responsible for your use of Health & Performance Collective, and for any use of Health & Performance Collective made using your device. You also agree that your use of Health & Performance Collective is for personal non-commercial use. You agree not to access, copy, or otherwise use Health & Performance Collective, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Health & Performance Collective. You agree not to use Health & Performance Collective to:

    You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
    You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
    You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    You will not collect or harvest any personally identifiable information, including account names, from the Service;
    You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
    You agree not to upload, post, transmit or otherwise make available any material that:
    a) is not your original work, or which may infringe the intellectual property or other rights of another person;

    b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

    c) includes an image or personal information of another person unless you have their consent;

    d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

    e) contains large amounts of untargeted, unwanted or repetitive content; or

    f) contains financial, legal, medical or other professional advice.

    You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
    You agree that you will not hold Health & Performance Collective responsible for your use of our Site;
    You agree not to violate any requirements, procedures, policies or regulations of networks connected to Health & Performance Collective;
    You agree not to interfere with or disrupt the Site or Service;
    You agree not to hack, spam or phish us or other users;
    You agree to provide truthful and accurate content;
    You agree to not violate any law or regulation and you are responsible for such violations;
    You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
    You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
    You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
    If you believe that a user has breached any of the above conditions, please contact us at Privacy Policy – Health & Performance Collective

    1. Introduction

    Welcome to the Privacy Policy for http:// www.healthandperformancecollective.com (“Site”) and any associated services owned by Health & Performance Collective. Throughout this policy, the words “Health & Performance Collective”, “us”, “we” and “our” refer to company, Health & Performance Collective and our Site or any “Services” we provide, as is appropriate in the context of the use of the words.

    We recognised the importance of protecting the privacy of individuals and their personal information. We aim to provide a Site and Services that will ensure the information you provide to us online is collected, managed and disclosed in a secure and confidential manner.

    This Privacy Policy, like our Terms of Service and Conditions, is an integral part of using our Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Services. You must be over the age of 18 to use our Site or Services, or a minimum 13 years of age with a parent’s permission. You must be 18 years of age or older to purchase any products or Services from Health & Performance Collective.

    2. Information collected

    Personally identifiable information submitted by you

    You will not be required to provide us with any information when you visit our Site. However, if you opt to receive email communications from us we will ask you for your name, email address and a little bit about you, such as what country you live in.

    In order to purchase any products, you could be required to submit your name, email, address, phone contact and payment information.

    If you wish to sign up for any Programs, you may also be asked to submit additional information including, but not limited to, your address, mobile number, medical history, physical characteristics and your health goals.

    Please be aware that all payment information will be shared with and stored by our third-party payment processor, Stripe.

    Non-identifying information

    Whenever you use our Site or Services, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Services, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider or additional records from a third party, such as your wireless provider, this information alone cannot usually be used to identify you.

    3. Use of your information

    We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information to:

    enhance or improve our users’ experiences.
    provide our Services to you.
    email you newsletters and correspondence.
    process your transactions.
    contact you and to respond to inquiries.
    Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any laws or if a violation of the Terms of Service or Privacy Policy has occurred.

    4. Accessing, editing and removing your information

    You will not be able to access any information submitted to our Site. However, if you have any questions or wish to review, change or delete any of your information submitted, please contact us at hello@healthandperformancecollective.com . Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at hello@healthandperformancecollective.com . After you have you have submitted information to us, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

    Cookies and tracking

    Cookies

    We use cookies on our Site and Services. Cookies are little bits of code that help us determine your preferences and allow us to track your advertisements. Additionally, some or all of our cookies may be accessible by third parties to help improve your experience. For this reason we ask that you have cookies enabled while using our Site or Services.

    Google Analytics and Google Adwords

    We use Google Analytics. This is a web analytics service provided by Google, Inc. (“Google”), whereby website traffic and usage data is transmitted to and stored by Google in the U.S. Google uses this information to evaluate website usages and provide us with reports that help us understand website traffic and usage. Google will not associate your IP address with any other data it holds. By using our site you consent to the processing of data about you by Google as described in Google’s Privacy Policy.

    We also use Google AdWords and remarketing to display specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display network implemented. Along with other third-party vendors, including Google, we use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to display these ads.

    When creating remarketing lists, we can’t and don’t use any sensitive information about users. As AdWords advertisers, we are restricted from and will not perform the following actions:

    a. Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers and credit card numbers.

    Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited”.

    You can opt out of Google Analytics for display advertising and customise Google Display ads using the Ads Preferences Manager by visiting www.google.com/settings/ads.

    2. Third-party access to your information

    Although you are entering into an Agreement with Health & Performance Collective to disclose your information to us, we do use third-party individuals and organisations to assist us, including contractors, web hosts and others.

    In providing our Services to you, we may delegate our authority to collect, access, use and distribute your information. In agreeing to this Privacy Policy you agree that every authorisation you grant to us under this Privacy Policy is also granted to any third party that we may hire, contract or otherwise retain the services of in operating, maintaining, repairing, improving or preserving our Site and Services. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any actionable wrong against you.

    1. Law enforcement

    You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms of Service or Privacy Policy, or if we believe that a third party is at risk of bodily harm.

    In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any Australian laws or any other country having jurisdiction over us, our Site, Services or our Terms of Service.

    You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

    2. Commercial and non-commercial communications

    If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Health & Performance Collective that you no longer wish to receive these solicitations, and we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy or applicable law. If you wish to opt out of certain communications, please contact us at hello@healthandperformancecollective.com .

    3. Third parties

    Health & Performance Collective may post links to third party websites on our Site or Services, which may include information that we have no control over. When accessing a third party site through our Site or Services, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites.

    Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Health & Performance Collective bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

    4. Security measures

    We take reasonable attempts to protect your information. However, as this is the internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect yourself from security and privacy threats.

    5. Your Australian privacy rights

    Health & Performance Collective intends to comply with 1988 Privacy Act of Australia. If you are an Australian citizen you may wish to ask us additional questions regarding the information we collect. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at hello@healthandperformancecollective.com with any questions.

    6. Age compliance

    We intend to fully comply with international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18, please do not submit any information to us without parental consent. If you believe that someone under the age of 18 has submitted information to us without parental consent, please contact us immediately.

    7. International transfer

    Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to Australia or elsewhere and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

    8. Amendments

    Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Services. If you do not agree, you must immediately cease using our Site and Services, and notify us of your refusal to agree by emailing us at hello@healthandperformancecollective.com

    .

    We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
    By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
    We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
    You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
    17. Site Availability

    We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.

    18. Intellectual Property Rights and License Grant For Your Content

    The design of the Health & Performance Collective Service along with Health & Performance Collective created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Health & Performance Collective, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Health & Performance Collective reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.

    By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.

    19. Linking and Third Party Content

    1. You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.

    2. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.

    2. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

    20. Disclaimers

    Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Health & Performance Collective nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this web site may be out of date, and neither Health & Performance Collective nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

    To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

    By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

    In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

    21. Limitations and Liability

    1. Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, Health & Performance Collective does not assume any responsibility or liability for any damages to you. In no event will Health & Performance Collective, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

    For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

    2. With the exception of Consumer Guarantees, we exclude:

    2.1 any term, condition or warranty that may otherwise be implied by custom, law or statute;
    2.2 any liability for loss caused by our negligence; and
    2.3 any liability for Consequential Loss.

    3. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:

    3.1 In the case of goods, to:
    3.1.1 the replacement of the goods or the supply of equivalent goods;
    3.1.1 the repair of the goods;
    3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    3.1.4 the payment of the cost of having the goods repaired.

    3.2 In the case of services, to:
    3.2.1 the supplying of the services again; or
    3.2.2 the payment of the cost of having the services supplied again.

    In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.

    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, products, and service within the last six months, whichever is greater.

    22. Indemnity

    You agree to defend, indemnify and hold harmless Health & Performance Collective its officers, directors, employees and agents, 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 the Health & Performance Collective Site and Service;
    your violation of any term of these Terms of Service;
    your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    any claim that any of your content caused damage to a third party.
    This defense and indemnification obligation will survive this Agreement and your use of the Health & Performance Collective Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

    23. Privacy and Child Protection

    Health & Performance Collective respects the privacy of its users in accordance with the terms of Health & Performance Collective Privacy Policy. Health & Performance Collective reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Health & Performance Collective.

    24. 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 is deemed to have occurred in New South Wales, Australia.

    25. 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.

    26. 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, labor 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.

    27. 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, Health & Performance Collective shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and Health & Performance Collective.

    28. 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 the 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.

    29. Termination of Your Service

    If we determine that any of your actions may harm Health & Performance Collective, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

    30. 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.

    31. 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 website and our Service.

    32. Electronic Communications

    The communications between you and Health & Performance Collective use electronic means, whether you visit the Site or Service or send Health & Performance Collective e-mails, or whether Health & Performance Collective posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Health & Performance Collective in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Health & Performance Collective provides 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.

    33. General

    a. This Agreement constitutes the whole of the 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.

    b. 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.

    c. 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.

    d. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

    e. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.

    f. We may subcontract any of our obligations under this Agreement to any person.

  • “We” “us” and “our” means Health & Performance Collective ACN 55 475 296 020 (“HPC”) and “Website” means our website www.healthandperformancecollective.com. By signing this Client Consent Form you agree and acknowledge the following: General 1. You acknowledge that your service provider is an Accredited Practicing Dietitian and Accredited Sports Dietitian and does not dispense medical advice nor prescribe treatment. Rather, you acknowledge and agree that your provider provides education to enhance your knowledge of health as it relates to foods, dietary supplements, and behaviours associated with eating. While nutritional support can be an important compliment to your medical care, you understand nutrition counselling is not a substitute for the diagnosis, treatment, or care of disease by a registered medical provider. 2. Our provision of dietary and nutritional support services in the form of dietitian sessions or written dietary plans (“the Services”) is subject always to our Terms of Use and Privacy Policy. It is a condition of the provision of these Services that you agree to comply with our Terms of Use, Privacy Policy and this Consent Form (together, “Agreement”) and that this Agreement is legally binding on us and you. If you do not agree to the terms of this Agreement, you should not proceed to engage our Services. 3. If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor, and should not discontinue any prescription medications without first consulting your doctor. 4. You acknowledge that the care that you receive during our provision of the Services is distinct from the care that you receive from any medical facility or registered medical practitioner and that our Services are in no way intended to be construed as medical advice or care. You should continue regular medical supervision and care by your primary care physician. 5. You agree to provide full and accurate information to us (including personal information and health information) and warrant to us the completeness and accuracy of that information. You acknowledge that any failure to provide complete and accurate information to us may affect the effectiveness and/or results of the Services. You release and hold us harmless in the event you suffer loss or damage as a result of your failure to provide us information that is complete or accurate. You also indemnify and us and our officers, employees, agents, contractors and consultants and agree to keep us indemnified in the event any of the information you provide us is inaccurate, correct or not up to date, and we rely on this information to our detriment. Personal Responsibility and Release from Claims 6 You acknowledge that you take full responsibility for your personal well-being, as well as the well-being of your family and children (as applicable), and full responsibility for all decisions made in the course of, and subsequent to, the provision of the Services. 7 You assume any and all risk associated with the Services, including the risks of trying new foods, and the risks inherent in making lifestyle changes. 8 Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Services, for product defects or failures, claims that are due to your use of our Services, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. Accordingly you release us and our officers, employees, agents, contractors and consultants and hold us harmless from any and all liability, claims loss or damages, howsoever caused as a result of our provision of the Services, other than as prohibited under Australian Consumer Law. In no event will we, our and our officers, employees, agents, contractors and consultants be liable to you or anyone else for any decision made or action taken in reliance on the Services or for any consequential, special or similar damages, even if advised of the possibility of such damages. Confidentiality and Privacy 9 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”) (or such other State legislation as may apply in relation to health information at the time of collection) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information. A copy of our Privacy Policy is available on this website. Payments and Refunds 10 Payment for our Services is due prior to the commencement of our Services. Other than your rights to refunds under Australian Consumer Law, our Services are non-refundable. No-Show/Cancellation Policy 11 We require 24 hours’ notice of cancellation of all appointments. In the event that you provide us with less than 24 hours’ notice of cancellation, or fail to attend your allocate appointment time, we reserve the right to charge you 50% of the session payment fee, at our discretion. Consent to Communications 12 We comply with the Spam Act 2003 (Cth). You consent to receive electronic communications from us. We agree that your consent may revoked at any time. Governing Law and Jurisdiction 13 This Agreement is governed by and construed in all respects in accordance with the laws of the State of New South Wales, Australia and you hereby submit to the exclusive jurisdiction of the courts of the said State of New South Wales. Please confirm your acceptance of the terms contained in this Agreement.