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Terms

Contact with Bec:

Purchasing an eBook meal plan or the Health with Bec Tribe membership does not include regular communication with Bec, Director and Founder of Health with Bec.

Very simple questions and queries can be sent to [email protected] and a response will be sent within 24 hours if it isn’t already answered on the FAQ’s sections of the products.

However, if you need personalised, professional nutritional advice and guidance to complement the 3 Week Body Reset Plan or Health with Bec Tribe, you will be required to book in for an initial consultation or an express consultation with Bec. This is highly recommended to achieve the best possible success and to ensure your questions can be answered.

Due to Bec’s high volume of emails, her priorities lie with her clients and completing other essential business tasks.

It Is also unprofessional and incorrect to provide advice without a greater understanding of the persons lifestyle and personal needs and goals. 

 

Important health disclaimer - expected results and your responsibility:

Health with Bec provides her services as a guideline and the material used in the eBooks and membership are carefully designed to offer women results - however it is extremely important to understand that every woman is different and results vary from person to person. Bec is not responsible for your weight loss, the amount you lose or what happens to you when you follow her advice due to the extremely high amount of confounding factors that affect ones health. The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against Health with Bec for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of Health with Bec or any other cause whatsoever.

For questions or concerns about any medical conditions you may have, please contact your doctor.

 

About the Website(s)

  1. Welcome to  www.healthwithbec.com and www.healthwithbecshop.com (the 'Websites'). The Websites provide you with an opportunity to browse and purchase various products that have been listed for sale through the Websites (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). The content of this website is for your general information and use only. It is subject to change without prior notice.

  2. The Websites are operated by  Health with Bec  (ABN  89 195 538 976 )  . Access to and use of the Websites, or any of its associated Products or Services, is provided by Health with Bec. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  3. Health with Bec reserves the right to review and change any of the Terms by updating this page at its sole discretion. When  Health with Bec updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by  Health with Bec in the user interface.

 

Registration to use the Purchase Services (eBooks and Health with Bec Tribe membership)

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: 

    1. Email address

    2. Preferred username

    3. Mailing address

    4. Telephone number

    5. Password

  2. You warrant that any information you give to  Health with Bec in the course of completing the registration process will always be accurate, correct and up to date.

  3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

  4. You may not use the Purchase Services and may not accept the Terms if:

    1. you are not of legal age to form a binding contract with  Health with Bec (18 years); or

    2. you have an eating disorder and are not under the guidance of a professional psychologist, psychotherapist or councellor.

 

Your obligations as a Member

  1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

      1. the Terms;

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 

      3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

      4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify  Health with Bec of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      5. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute or share content to others, print multiple copies, or use the content for public display or performance without explicit permission.

      6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; 

      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by  Health with Bec for any illegal or unauthorised use of the Website; and

      8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

 

Purchase of Products and Returns Policy

  1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price'). It is your responsibility to read the sales page carefully and understand the price before you buy 

  2. Payment of the Purchase Price may be made through Stipe, PayPal, Square (the 'Payment Gateway Provider') 

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

    1. Following payment of the Purchase Price being confirmed by  Health with Bec, you will be issued with a receipt to confirm that the payment has been received and  Health with Bec may record your purchase details for future use.

    2. Due to the nature of digital productswe will not offer a refund for change of mind, therefore it is completely up to you to read the product page thoroughly before you make the transaction. 

    3. Recurring payments for the Health with Bec Tribe
      The monthly membership is an ongoing, recurring, subscription to The Health with Bec Tribe. By joining as a monthly member, you understand that the credit card information you provide upon registration will be charged each month on your monthly subscription anniversary date until you or we cancel your membership.

      You also understand that you are responsible for any missed or failed payments due to cancelled, changed, or altered payment information that you do not provide to us.

      Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using a third-party debt collection agency.

      If you wish to cancel your membership, you must do so using the settings found in “Your Account” or by following the link in the footer of the membership portal. You can also contact [email protected] .

 

Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of  Health with Bec are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by  Health with Bec or its contributors.

  2. Health with Bec retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 

    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of  Health with Bec; or

    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  3. You may not, without the prior written permission of  Health with Bec and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

Privacy

Health with Bec takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to  Health with Bec's Privacy Policy.

 

General Disclaimer

  1. You acknowledge that  Health with Bec does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. Health with Bec will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that the results from women vary from woman to woman and Health with Bec is not responsible for the amount of weight you lose.

  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. You acknowledge that Health with Bec is not responsible for your results and you understand that there are multiple factors that affect a woman's ability to lose weight or correct gut health. You also understand that, for your best possible chance at seeing results, a consultation is required with Bec on-top of the products (eBooks and membership). 

  5. Use of the Website, the Purchase Services, and any of the products of  Health with Becis at your own risk. Everything on the Website, the Purchase Services, and the Products of  Health with Bec, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of  Health with Bec make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Health with Bec) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products; 

    4. the Content or operation in respect to links which are provided for the User's convenience;

    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

Limitation of Liability

  1. Health with Bec's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of  Health with Bec is the resupply of information or Purchase Services to you.

  2. You expressly understand and agree that  Health with Bec, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  3. Health with Bec is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection                                                        with the Purchase Services, whether posted or caused by users of the website of Health with Bec, by third parties or by any of the Purchase Services offered by  Health with Bec.

 

Termination of Contract

    1. Health with Bec may at any time, terminate the Terms with you if: 

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. Health with Bec is required to do so by law;

      3. the partner with whom  Health with Bec offered the Purchase Services to you has terminated its relationship with  Health with Bec or ceased to offer the Purchase Services to you;

      4. Health with Bec is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

      5. the provision of the Purchase Services to you by  Health with Bec is, in the opinion of  Health with Bec, no longer commercially viable.

    2. Subject to local applicable laws,  Health with Bec reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts  Health with Bec's name or reputation or violates the rights of those of another party.

    3. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Health with Bec have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

 

Indemnity

You agree to indemnify Health with Bec, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

  3. any breach of the Terms.

     

Dispute Resolution

  1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. Notice:
    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: 

    1. Within  14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

    2. If for any reason whatsoever,  14 days after the date of the Notice, the Dispute                               has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the  Australian Mediation Association or his or her nominee;

    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

    4. The mediation will be held in Perth, Australia.

  4. Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by Health with Bec is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of  Western Australia, Australia. 

Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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