Section 1. Health & Wellness

Participant agrees to consult a medical professional prior to using any Product or Service provided in the Program. User acknowledges that Miss Metabolism Pty Ltd is not responsible for verifying or obtaining such medical clearance and the Participant assumes all responsibility for ensuring that the use of any Product & Service is medically appropriate for them:

(a) You hereby understand and agree that any Miss Metabolism Pty Ltd product or services involved are for informational and educational purposes only. 

(b) None of the content or services provided are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor guarantee any particular outcome or results.

(c) The products or services provided are not intended as a substitute for the advice provided by your doctor or other healthcare professional.

(d) You agree you’ve been cleared to proceed by a doctor or other healthcare professional before adopting any advice or content using any of Miss Metabolism Pty Ltd Product or Service.

(e) Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read or been told during the Program.

(f) Under no circumstance should you use or proceed with any Miss Metabolism Pty Ltd product and/or service when pregnant, planning to become pregnant, or are breastfeeding.

(g) You understand failure to do any of the above may result in adverse health consequences. This includes, but not limited to, high blood pressure, muscular injury, stroke, joint pain, auto-immune diseases and any other disease that requires specific medical professionals.

Section 2. Program Content

(a) The Program education and information is intended to lose body fat while keeping a balanced diet using our meal/nutrition plan.

This is not a quick fix and lifestyle changes are necessary for results.

(b) Content is designed around 1) Calorie Intake 2) Calorie Expenditure 3) Daily Habits.

(c) The scope of work to which you are agreeing encompasses a range of tasks, including but not limited to meal preparation, as well as managing and calculating caloric intake.

(d)The Program content is for individual use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Miss Metabolism Pty Ltd, or its designated agent.

(e)The information contained in the Program material is strictly for educational purposes.

(f) If you wish to consume or apply (or not apply) ideas, concepts, teachings contained in this material, you are taking full responsibility for your actions and furthermore you agree that your success with the Program is dependent on your willingness to follow the steps outlined by Miss Metabolism Pty Ltd for the complete duration of the program.

(g) You agree to take full responsibility for executing the prescribed tasks and making necessary sacrifices is critical to achieving the desired outcomes. Including actions to a greater or lesser extent than initially desired. Any results are dependent on at least 90% adherence of the program. Including but not limited to, the daily action steps, providing stats, food images, tracking relevant food intake and consistent workouts for the entirety of the Program.(h) Miss Metabolism assumes no responsibility for errors or omissions that may appear in any Program materials.

Section 3. Confidential Information

We respect your privacy and you must also respect the privacy of fellow participants of the Program. All information, ideas, achievements, and challenges (collectively, "Confidential Information") must be considered confidential and you must respect the rights of fellow participants of the Program and of Miss Metabolism Pty Ltd.

Thus, you agree: 

(a) That any Confidential Information shared by participants of the Program or any representative of Miss Metabolism Pty Ltd is confidential and proprietary, and any such Confidential Information belongs solely and exclusively to the party who discloses such information.

(b) That all materials and information provided to you by Miss Metabolism Pty Ltd are confidential and proprietary intellectual property which belongs solely and exclusively to Miss Metabolism Pty Ltd, and may only be used by you as authorized in writing by Miss Metabolism Pty Ltd.

Section 4. Non-Solicitation

You (“Participant”) agree with and for the benefit of Miss Metabolism Pty Ltd that, during, or after, the Program the Participant will not directly:

(a) Compete with Miss Metabolism Pty Ltd to provide the same or similar services which Miss Metabolism Pty Ltd provided within 12 months of finishing the program.

(b) The participant acknowledges the Intellectual Property associated with the Program, including Meal Plan and subsequent meal/nutrition plan, is a key component of the Program's value. 

(c) The Client agrees not to replicate, reproduce, distribute, or disclose any aspect of the Intellectual Property without the express written consent of the Miss Metabolism Pty Ltd.

Section 5. Participation Terms

Miss Metabolism Pty Ltd are committed to providing all participants of the Program with a positive experience.

Thus, Miss Metabolism Pty Ltd may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, or digital without refund. You agree not to:

(a) Impair the participation or be aggressive to any of our employees, contractors, clients, or participants in any of our programs.

(b) Reproduce, distribute, or sell any material and intellectual property included in the Miss Metabolism Pty Ltd Program.

(c) Miss Metabolism Pty Ltd is committed to providing a quality coaching, however, we do not guarantee results. Results take commitment and lifestyle changes that are dependent on the Participant's discretion. Whether a Participant does, or does not, implement our advice is out of Miss Metabolism Pty Ltd’s control. 

(d) Past results from previous clients are not indicative of future results. You hereby agree that all Program sales are final (outside of Australian Consumer Law) and non-transferable.

(e) Participant acknowledges that the Products are manufactured by a third party, and Miss Metabolism Pty Ltd make no representations or warranties, express or implied, regarding the quality, safety, or fitness for a particular purpose of the Products. Participant agrees that any claims or disputes related to the Products shall be directed to the third-party manufacturer.

(f) The Participant agrees to defend, and hold harmless Miss Metabolism Pty Ltd, its directors, employees, and coaches from any and all claims, losses, liabilities, damages, costs, and expenses, including attorney's fees, arising out of or related to the use of the Product and Service by the Participant.

(g) In the event of an emergency, life event and or extenuating circumstances including injury, hospitalisation or death of a relative, you may pause the program for up to 6 months. 

(h) You agree and accept that this Program and results are based on calories consumed and nutrition. Recommendations and coaching from Miss Metabolism Pty Ltd are results driven. This means a Participant must be coachable and understands results require thorough and consistent work and effort.

(i) Coaching recommendations can entail activities that diverge from personal preferences, such as adjusting food intake beyond one's accustomed level or modifying exercise routines to a greater or lesser extent than initially desired. These adjustments are strategically tailored to optimize outcomes and achieve desired results.

Section 6. Program Guidelines, Payment Terms

(a)You hereby authorise Miss Metabolism Pty Ltd (referred to in this section as the Program) to collect the total Program cost.

(b) Participant acknowledges and understands 80% of the total cost of the Program is attributed to the intellectual property of ‘The Meal Plan.’ Including, but not limited to, Meal/Nutrition Plans, proprietary systems, methodologies, and research developed by Miss Metabolism Pty Ltd. ("Intellectual Property"). The remaining 20% of the total cost covers the Products/Supplements provided as part of the Program.Payments may be made via credit or debit card, ACH, wire transfer, or through PayPal.For all credit or debit card payments:

(c) You hereby consented verbally and electronically to having these charges automatically charged to your credit or debit card.

(d) We require a 80% non-refundable deposit to remunerate the start-up cost of setting up software accounts as well as the individual contractors we remunerate to help create the program. That may include, but not limited to: exercise & sport scientists, nutritionists, graphics designers, software fees, I.T services which incur within the first hour after our initial phone call. You understand and agree 80% of the coaching/services provided by Miss Metabolism Pty Ltd is completed in the first 3-5 business days after the purchased date. The payment is not split weekly, monthly or into any other period of instalments as each Phase and step of the program is not equal in time or energy.

(e) You authorise Miss Metabolism Pty Ltd to collect the payment (in full) by collecting on any/ all credit or debit cards that are provided to Miss Metabolism Pty Ltd by the Participant.

(f) You determine which payment method is preferred and are responsible for informing Miss Metabolism Pty Ltd of this preference at least two (2) business days prior to the payment due date since Miss Metabolism Pty Ltd payment system will automatically charge a card held on file.

(g) You agree that all payments must be made on time. In the event payments are not made on time, Miss Metabolism Pty Ltd reserves the right to remove you from the Program.

(h) You agree that you have fully consented to Miss Metabolism Pty Ltd processing payment and any/all payments are valid and that you have consented to the purchase of the Program on several occasions, including scheduling your initial call, verbally on the call, in the Welcome Email and when setting up your coaching app.

Section 7. Testimonial Discount

In the case a ‘Testimonial Discount’ is provided: The Miss Metabolism Pty Ltd Program has limited capacity due to the personalised attention and resources allocated to each Participant, ensuring the highest quality experience.

By extending the Testimonial Discount discount to the Participant, we allocated a spot that could have otherwise been extended to another participant at full price.

(a) The provision of the discount without completion of the program, has resulted in the forfeiture of not only our ability to subsequently charge the full price to another prospective customer but also prevented us from receiving a testimonial and promotional marketing material.

The discount offered for the program has led to a situation where we have foregone the chance to accommodate an additional participant.This discount, while beneficial for the client, resulted in a lost opportunity both monetarily and future marketing purposes.

The lost opportunity that could have otherwise been extended to another participant at full price.

(b) The Participant recognises and agrees the broader implications of their discounts on Program availability and opportunity lost to service another potential participant.

(c) Because of this discounted opportunity, the Participant agrees to give a testimonial interview/video to Miss Metabolism Pty Ltd in exchange for the agreed upon discount. Hereby allowing any interaction including videos, photos, zoom calls and messages to be used for promotional purposes in exchange for the discounted rate.

Section 8. Refund Policy

Our Goods come with guarantees under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

Miss Metabolism Pty Ltd is committed to providing Participants with high-quality products. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. 

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Our refund policy is designed to comply with the Australian Consumer Law (ACL) and ensure consumers are protected.Faulty or Defective Products:

If you receive a product that is faulty or defective, we will gladly replace the item.

Please contact [email protected] within 3 Business Days of receiving the Box with clear photographs of faulty product to initiate the replacement process. In the circumstances a product is unavailable, we will refund the cost of the faulty Supplement or provide a replacement.

Section 9. Right to Use Name & Likeness

(a) You hereby consent to the use of your name and content (testimonial and results), in whole or in part, for publication or reproduction in any medium, including but not limited to public relations, education, advertising, training and research.

(b) Your consent is granted to Miss Metabolism Pty Ltd and extends to such use without restriction or limitation as to time or geographic boundary.

(c) You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Miss Metabolism Pty Ltd for any product and/or service in connection with such use and publication.

(d) You understand that Miss Metabolism Pty Ltd owns all rights in and to any results, recording or testimonial, including any copyright and/or trademark relating to such use. We will not sell or give your information to any individual or company.

(e) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in News South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.For any questions and notices, please contact us at: Miss Metabolism Pty Ltd

Email: [email protected]

Last update: 19/6/2024Contacting usIf you would like to contact us concerning any matter relating to this Refund Policy, you

may send an email to ([email protected]).Contacting usIf you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to ([email protected]). This document was last updated on (06/02/2024).

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