BREAKFREE INSTITUTE
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WEBSITE TERMS AND CONDITIONS
• Our privacy policy can be found here www.breakfreeinstitute.com/privacy-policy
• By clicking the “Agree” button below you agree to the below Website Terms and Conditions of Use (“Terms”) for the BreakFree Institute website:
In these terms and conditions, “we” “us” and “our” refers to BreakFree Enterprises Pty Ltd ACN 630 284 936. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The term ‘website’ includes where the context so admits, our learning platform found at www.breakfreeinstitute.com.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- Definitions
1.1. “CCA” means Competition and Consumer Act 2010.
1.2. “Client” means the person that signs this Agreement which incorporates these Terms and Conditions (Agreement) being the person entering into the arrangements detailed in these Terms and Conditions and extends to their administrators, executors, heirs and permitted transferees.
1.3. “Costs” means the costs to be paid by the Client to the Provider in respect of the Webinar, Course, Program, as detailed in the Financial Details document.
1.4. “BREAKFREE ENTERPRISES” is a registered business trading in NSW, the owners of which are the Directors of the Provider.
1.5. “Provider” means BREAKFREE ENTERPRISES PTY LTD
(ACN 630 284 936), its successors and assigns or any other person acting on behalf of or with the authority of the Provider.
1.6. “Webinar” means the Webinar and other services (Services) to be arranged and conducted by the Provider.
Registered Users
1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, you will be issued an email that has login details which will allow you to set a password. On registration you agree to pay for our services or goods as set out on our website. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account and BreakFree Enterprises Pty Ltd. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
5. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and or at the ‘checkout cart’ and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Product Descriptions
7. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
9. As people’s adaptation to the program, and as their psychology are different, some might experience lifestyle changes, which is slower and less than the average presented in the website and our affiliated publications. Therefore, we can give no warranty, guarantee of lifestyle changes (sustained or otherwise) or improvement in health from the suggested advice or program (BreakFree Institute) provided to you.
Product Orders
10. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
11. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
12. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
13. Packaging and postage is an additional charge, calculated at time of purchase.
14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
15. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
16. Delivery of your ordered product/s will be as set out on our website. Intellectual Property remains with us however where you purchase merchandise, title in the merchandise passes to you when we have received full payment. Our terms of payment are set out on the order page.
17. All risk of loss or damage to the any merchandise purchased passes to you when we despatch the goods.
Order Cancellation Due To Error
18. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited.
19. The Provider may cancel any Webinar or other Service to which these Terms and Conditions apply at any time before holding such Webinar (or delivering any other Service to the Client). On giving such notice, the Provider shall repay to the Client any money paid by the Client for that Webinar or Service. The Provider shall otherwise not be liable for any loss or damage whatsoever arising from such cancellation.
20. In the event that the Client cancels, or fails to attend, his/her attendance at a Webinar or other Service provided by the Provider pursuant to this Agreement, the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Provider as a direct result of such cancellation (including, but not limited to, the Costs and any loss of profit).
General
21. The failure by the Provider to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Provider’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
22. These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state of NSW, Australia and are subject to the jurisdiction of the Courts in that State.
23. Subject as specifically stated otherwise in this Agreement, the Provider shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by the Provider of these Terms and Conditions (alternatively the Provider’s liability shall be limited to damages which under no circumstances shall exceed the Cost).
24. The Client shall not be entitled to set off against, or deduct from the Costs, any sums owed or claimed to be owed to the Client by the Provider nor to withhold payment of any payment due in respect of the Costs because any payment is in dispute.
25. The Provider may licence or sub-contract all or any part of its rights and obligations without the Client’s consent.
26. The Provider shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of the Provider.
27. The Client acknowledges and agrees that the Provider has the exclusive right, title and interest in and to its intellectual property and the Client acknowledges that it does not have any rights in the Provider’s intellectual property. The Client must not use the Provider’s intellectual property without its prior written approval.
Product Returns
28. We undertake to reimburse you for any merchandise delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
29. We also undertake to replace or exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 10 days of purchase however, we will not provide any refund of such purchase. If undamaged goods are returned to us for replacement or exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
30. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Site Access
31. When you visit our website, we give you a limited licence to access and use our information for personal use.
32. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
33. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, communicate or display any of the information on this website without our prior written permission.
34. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
35. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. These linked sites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our website.
36. You may link 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 and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
37. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials, and all content is protected by copyright and trademark laws, and various other intellectual property rights and competition laws. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.
38. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
39. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
40. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
41. No material comprised in or appearing on this web site may be reproduced, re-transmitted, broadcast or adapted. Any unauthorised use of the material comprised in or appearing on this web site is unlawful and can result in civil or criminal liability and penalties.
Disclaimers
42. Whilst we have taken all due care in providing the information on our website, we do not provide any warrantee either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
43. To the extent permitted by law, any condition or warrantee which would otherwise be implied into these terms and conditions is excluded.
44. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
45. Where any part of our services or products are provided via third-party media, social media including platforms such as Facebook, LinkedIn, Instagram, You-Tube we bear no responsibility for the way such media or social media platforms deal with your information, your privacy, or your other legal rights. We are unable to influence or control social media platforms use of your information thus, use of our facilities via social media is at your own risk.
46. The provided food plan provided to you by BreakFree Enterprises Pty Ltd has been approved/accredited by a registered medical practitioner in Australia.
47. You understand that your bank or credit / debit card company may apply charges / fees in addition to the cost of the program.
Statutory Guarantees and Warranties to Consumers
48. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees set out at:. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
those statutory guarantees, which are given by us to you if you are a consumer.
49. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warrantee that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
50. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
51. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer: –
a. To the full extent permitted by law, our liability for breach of an implied warrantee or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
Indemnity
52. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Violation of These Terms
53. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
54. You acknowledge and agree that we may preserve any transmittal or communication by you with us through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the website and the public.
55. You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by you of these Terms will constitute a breach of the Terms, and may cause irreparable harm to us, for which monetary damages may be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
56. You agree that we may, in our sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.
57. If we do take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms.
58. The program you purchase includes the total number of weeks of support of that of the program states – starting the day we email your webinar access password and login details. You are given access for 12 months to the online program. The ‘live coaching’ will only made available for the duration of the program. You understand and agree that under no circumstances you can extend the beyond the end date. At the end of the program, you can purchase another program.
59. Your materials will be available for you to download from the Internet using free Adobe Reader only during your program. This information including all written, social media posts, guides, resources, and all other materials provided or made available to you during the program will not be necessarily available after the last day of the program.
60. You understand and agree that all login details, resources, videos, teaching resources are for your personal use only and cannot be shared with anyone including family, friends or used in a commercial nature.
61. We will, at all times, retain copyright to this program. All documentation will be provided in PDF files that can be read with free Acrobat Reader.
62. Should we decide, that you can not go on this program, you will be given a full refund if you paid already for the program and have not accessed any files, videos, resources etc. Unless you have breached the terms and conditions outlined.
63. You understand that this is an Internet program and that the communication with our Facilitators, staff, coaches and consultants is conducted via the internet. All emails will be sent to the email address you supplied on your registration form.
Transfer of Entitlement
64. The Client may request, in writing, to the Provider, a transfer of his/her attendance at the Webinar from the date agreed to, to another date, provided the Client gives to the Provider at least twenty one (21) days’ prior notice in writing from the date that the Webinar is due to take place, in which event, if the Provider agrees to such transfer, the Provider will notify the Client in writing of acceptance of such request. In this event, there shall be no additional fee payable by the Client in relation to his/her attendance at the Webinar on the later date.
65. The Client may request, in writing, to the Provider a transfer of his/her attendance at the Webinar from the date agreed to, to another date, less than twenty one (21) days prior to the date that the Webinar is due to take place (ie. twenty (20) days or less from such date). If the Provider agrees to such transfer, the Provider will notify the Client in writing of acceptance of such request. In this event, the Client must pay an additional fee in respect of the Costs which is $50 Administration fee.
66. If the Client (or his/her transferee) does not attend the Webinar for any reason whatsoever within a period of twelve (12) months from the date of this Agreement, then the Client (and/or his/her transferee) shall forfeit their entitlement to attend the Webinar pursuant to these Terms and Conditions and, in this event, the Client agrees that he/she shall not be entitled to any refund of Costs.
67. Notwithstanding any other provision of this Agreement, the Client agrees that he/she will not be entitled to request the transfer to another date to attend the Webinar more than once (1) time within twelve (12) months from the date of this Agreement.
Refund Policy
Your satisfaction with your Programs, Products, Site, Subscriptions, Memberships, Services and Program Materials is important to us.
68. Refunds are payable if the request is made 3 weeks prior to the event. There will be a $50 administration fee deducted from your refund.
69. Refund Requests made less than 3 weeks prior to the event will receive a 50% refund.
70. Requests to transfer the booking to another person refer to clause 64. – 67 within the terms and conditions in this document.
71. There will be no refund made if you fail to attend the Webinar without prior notification.
Force Majeure
72. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
73. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
74. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
75. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
76. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
Disclaimer
77. This is for education purposes only. Before beginning the program, seek the advice of your physician, psychiatrist or psychologist, or other qualified health care providers with any questions you may have regarding a medical clearance before undertaking a regimen. For more information, please review our Terms and Conditions Page.
The methods used by BreakFree Enterprises Pty Ltd, ABN: 53 630 284 936 trading as BreakFree Institute are not intended to replace professional training, treatment or advice.
The methods and materials are based on information available at the time and may not cover all developments arising from subsequent discoveries related to health properties of the materials. The course is not a definitive statement on the safety or effectiveness of the health or other aspects covered. BreakFree Institute does not guarantee the accuracy, currency or completeness of the information. The materials are not intended to be used as medical or psychological advice, and are not intended to be used to diagnose, treat, cure or prevent any disease, nor should the materials or advice be used for therapeutic purposes as a substitute for a health professional’s advice. BreakFree Institute does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information. Please consult your health care professional when seeking to apply the principles of the course. Particular care needs to be taken where you may be pregnant, have existing medical condition, or you are on other medication.
The information provided is not intended to replace a one-on-one relationship with qualified healthcare professional. We advise and encourage you to make your own health care decisions based upon your research together with a qualified healthcare professional.
