Thanks for being a member and getting fuelled by Marika Day™.
These terms and conditions (‘T&Cs’) are entered into between MD HEALTH CO. PTY LTD ABN 49 653 642 025 (‘We’, ‘Us’, ‘Our’ or ‘MD’) and You (‘You’, ‘Your’ or ‘User’) (together the ‘Parties’ and each a ‘Party’).
These T&Cs are to be read in conjunction with Our privacy policy:
https://fuelledbymarikaday.com/privacy-policy (‘Privacy Policy’).
MD provides its advisory, counselling, consulting, educational, and information services and programs in connection with diet, health, lifestyle, nutrition, fitness, food and drink, and recipes (‘Services’) which are accessible via Our site www.fuelledbymarikaday.com (‘Site’).
Please read these T&Cs and the Privacy Policy carefully before using or accessing Our Services via the Site.
You accept these T&Cs and the Privacy Policy by using or accessing Our Services via the Site. If You do not accept these T&Cs and the Privacy Policy You should cease using or accessing Our Services immediately.
If You are using or accessing Our Services on behalf of Your employer or a business entity, You, in Your individual capacity, represent and warrant that You are authorised to act on behalf of Your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these T&Cs.
You must be 18 years old or over to use or access Our Services.
MD may amend these T&Cs and/or the Privacy Policy at any time, and may provide You with written notice of such changes. By continuing to use or access Our Services after the notice or 30 calendar days after notification (whichever date is earlier), You agree to the amended terms. If You do not agree to the changes, You may terminate your Membership (defined below) and these T&Cs in accordance with these T&Cs.
You must sign up and register Your membership details on the Site and create a Fuelled member account to use and access the relevant Services (‘Membership’).
You must provide basic membership details when registering Your Membership and creating your Fuelled member account, including (as applicable):
Once You have registered Your Membership and created Your Fuelled member account, You will be able to view, access and modify Your Membership details and Fuelled member account via the Site.
You agree to provide accurate, current and complete Membership details during the registration process and for your Fuelled member account, and regularly update such details to keep same accurate, current and complete.
You are responsible for keeping Your Fuelled member account, Membership details and Your password confidential and You will be liable for all activity on Your account, including any purchases or Member Submissions (defined further below) made using Your Fuelled member account or any cancellation of Your Membership. You must not share, communicate, distribute or sell Your Fuelled member account details to any third party or community or on any platform without Our prior written consent.
You agree to immediately notify MD of any unauthorised or improper use of Your Membership details or Fuelled member account.
Your Membership is non-transferable.
MD may terminate Your Membership at any time by notice to You in accordance with these T&Cs.
You acknowledge and agree that:
MD may contact You via off-Site communication channels (such as text message, phone call or email).
Membership Fee
You acknowledge and agree that:
Payment
You acknowledge and agree that:
If You make a payment for Our Services by debit card or credit card, You warrant that:
Termination by You
You may terminate Your Membership, and consequently these T&Cs, via the Site by selecting the ‘unsubscribe’ option through Your Fuelled member account settings.
Any termination of the Membership by You will take effect at the end of the period to which the Membership Fee relates. You will not be entitled to a refund as a result of termination of Your Membership.
You will no longer be permitted to have access to or use Our Services at the end of the relevant paid membership period once You have terminated Your Membership.
Suspension or Termination by Us
You acknowledge and agree that MD may suspend or terminate Your access to Our Services and Your Fuelled member account in accordance with these T&Cs at any time for any reason and You accept that where any such suspension or termination occurs, there is no refund available for the Membership Fee.
MD may suspend or terminate Your Fuelled member account, Your Membership and consequently these T&Cs immediately and without notice and stop providing access to Our Services if:
Upon suspension, expiry or termination of these T&Cs:
Suspension, expiry or termination of these T&Cs will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the suspension, expiry or termination of these T&Cs.
We reserve the right to, without notice and for any reason deemed appropriate by Us:
Exercise of these rights will not prejudice or affect Our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of suspension, expiry or termination survive the exercise of these rights and may be enforced at any time.
You may post, submit, upload, leave or publish a review, comment, photo, video or otherwise publically make available other content about or in connection with Us, the Site or Our Services (‘Member Submissions’).
You irrevocably grant to MD a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Member Submissions throughout the world in any media. You expressly waive in favour of MD all moral rights in any jurisdiction with respect to the Member Submissions. For the sake of clarity, MD may use such Member Submissions for its marketing and promotional activity, and reserves the right to remove any personal information from the Member Submissions.
You represent and warrant to Us that:
You undertake to immediately remove or not publish any or all Member Submissions by You if requested by Us.
MD grants You a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use or access Our Services and all Content solely for Your personal non-commercial use, in accordance with these T&Cs. All other uses of Our Services and all Content are prohibited without Our prior written consent.
You grant Us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit the Member Submissions for internal usage and to provide and promote Our Services in any media or promotional material.
You may be able, through hypertext or other computer links, to gain access to other sites operated either by MD, its affiliates or other third parties (‘Linked Sites’) via the Site and/or any Content. Unless otherwise specified, the Linked Sites are not under MD’s control. The Linked Sites may have different terms and conditions and privacy policies. Unless otherwise specified, MD is not responsible for the content of any Linked Sites, or any changes or updates to such sites. MD provides these links for Your convenience only. You accessing any Linked Sites at Your own risk. MD is not a party to any transaction between You and a Linked Site. Unless specified, MD does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
MD may collect, use, store, record and transmit Your personal information entered on the Site. For further details, please refer to the Privacy Policy.
Your continued use of and access to the Site and your provision of your personal information constitutes your approval for MD to deal with your personal information in accordance with the Privacy Policy.
MD shall not be liable, and you agree to indemnify MD, for any Claim or Liability arising from any of Our partner’s or a third party’s use of Your personal information whereby such personal information was provided in accordance with these T&Cs and the Privacy Policy.
You represent, warrant and agree that:
Our Site, Our Services and all Content provided to You by Us are Our Intellectual Property or the Intellectual Property of Our licensors and are protected by Intellectual Property Rights. Nothing contained in these T&Cs should be construed as granting, by implication, estoppel or otherwise, any license or right to use Our Intellectual Property without Our express prior written consent.
We provide the Site, Our Services and/or all Content “as is” without warranty of any kind and We disclaim all warranties, whether express or implied.
For example:
The disclaimers in these T&Cs apply to the maximum extent permitted by law.
Subject to Your Statutory Rights, We exclude all express and implied warranties, and all material, work and services (including Our Services, Our Site and/or all Content) are provided to You without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
If You have Statutory Rights We cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
This clause will survive the termination, suspension or expiry of these T&Cs.
Medical
MD recommends that you consult with a medical practitioner or other certified health care provider if you have concerns in relation to Our Services and/or any Content. Our Services and Our Content is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.
MD and Our Services are not substitutes for medical advice from Your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any Content contained in Our Services.
If You know or suspect that You may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that You seek the advice of a medical practitioner before using or accessing Our Services and any Content. If You experience any discomfort, pain or other unexpected side effect resulting from Our Services, You must immediately seek the assistance of a physician.
Ownership of Intellectual Property
Except where expressly stated to the contrary all persons (including their names and images), third party Intellectual Property and content, services and/or locations featured on the Site are in no way associated, linked or affiliated with MD and you should not rely on the existence of such a connection or affiliation. Any Intellectual Property or names featured on the Site are owned by the respective owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MD unless expressly stated otherwise.
Nothing in these T&Cs excludes or limits MD’s Liability for any Liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these T&Cs affects Your statutory rights, including rights relating to the consumer guarantees applicable to the supply of Our Services under these T&Cs. Any additional Liability of MD is excluded.
This clause will survive the suspension, termination or expiry of these T&Cs.
Express exclusion to Liability
Despite anything to the contrary, to the maximum extent permitted by law, We will not be liable for, and You waive and release Us from and against, any Claim or Liability caused or contributed to by, arising from or connected with:
To the maximum extent permitted by applicable law, You agree to release, defend (at MD’s option), indemnify, and hold MD, MD’s directors, MD’s officers, MD’s employees, MD’s consultants, MD’s agents, and MD’s affiliates harmless from and against any Claims, Liability, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
Despite anything to the contrary, to the maximum extent permitted by law:
This clause will survive the suspension, termination or expiry of these Terms.
In relation to a dispute, controversy or Claim arising from, or in connection with, these T&Cs (‘Dispute’) between a User and MD, a party must not commence court proceedings relating to a Dispute without first attempting to resolve the Dispute in good faith. If the parties cannot then agree how to resolve the Dispute, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Victoria to appoint a mediator and, in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Assignment: You must not assign or deal with the whole or any part of Your rights or obligations under these T&Cs without Our prior written consent. We may transfer Our rights and obligations under these T&Cs to another organisation; this will not affect Your rights or Our obligations under these T&Cs.
Email: You agree that We are able to send electronic mail to You and receive electronic mail from You. You release Us from any Liability You may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to Your system or any files by a transfer.
Entire agreement: These T&Cs and any document referred to in them (including the Privacy Policy, policies, guidelines, standards and/or criteria published by MD on the Site from time to time) and constitute the whole agreement between You and Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any contract.
Fictitious Names: Fictitious names of companies, products, people, characters, and/or data mentioned on the Site are not intended to represent any real individual, company, product, or event.
Force Majeure: We will not be liable for any delay or failure to perform Our obligations under these T&Cs if such delay is due to any circumstance beyond Our reasonable control.
Governing law: These T&Cs governed by the laws of the State of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the State of Victoria, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Headings: The headings in these T&Cs are included for convenience only and shall not affect their interpretation.
Not a party: These T&Cs do not create or infer any rights that are enforceable by any person who is not a party to them.
Notices: Any notice given under these T&Cs must be in writing addressed to Us at the address at the end of these T&Cs or to You at the address in Your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. This condition does not affect Your Statutory Rights.
Relationship of Parties: These T&Cs are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Inconsistency: Each transaction is subject to, and will be governed by these T&Cs and any other conditions agreed to by the Users in writing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these T&Cs and any transaction, these T&Cs will prevail.
Rights Reserved: Any rights not expressly granted herein are reserved.
Severability: If any of these T&Cs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining T&Cs, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Waiver: Any failure or delay by You or Us in enforcing (in whole or in part) any provision of these T&Cs will not be interpreted as a waiver of Your or Our rights or remedies.
Claim or Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these T&Cs or otherwise.
Consequential Loss means any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Content means any post, upload, information, material, images, instructions, guidance, review or other content on or available via the Site.
Intellectual Property means any intellectual property and proprietary rights (whether registered or unregistered) – including business names, domain names, trade or service marks, any right to have information kept confidential, patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, software, circuit layouts, processes, source codes, data bases, know–how, logos, designs, design rights, copyright and similar industrial or intellectual property rights – including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by You (or any of Your personnel) of any of Our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Statutory Rights means those rights, warranties, guarantees and remedies relating to the provision of Our Services, the Site by Us to You which cannot be excluded, restricted or modified which are conferred to You by certain consumer protection laws and regulations.
For any questions or notices, please contact Us at:
MD HEALTH CO. PTY LTD ABN 49 653 642 025
Postal address: PO Box 114 Cronulla NSW 2230
Email: [email protected]
fuelled by Marika Day is working in partnership with AIA Vitality, a personalised, science-backed health and wellbeing
program designed to support you to make healthier lifestyle choices.