terms & conditions

1.OVERVIEW 

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.

2.ACCEPTANCE 

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.

3.MEMBERSHIP 

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):

  • Your legal entity details;
  • Your legal name;

  • Your business name;
  • Your contact name;
  • Your address;
  • Your personal details;
  • Your payment details;

  • Your contact number;
  • Your email address;
  • Your username; and
  • Your password.

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.

4.SERVICE ACCESS 

You acknowledge and agree that:

  • MD will not be liable to You or any third party if Our Services become unavailable or otherwise not fully or properly functioning at any time or for any period;
  • You must create a Fuelled member account linked to Your Membership in order to access or use Our Services;
  • any data transmission to the Site is at Your own risk because MD cannot guarantee the security of Your data;

  • You bear sole responsibility for making all and any arrangements necessary in order for You to have access to or use the Site (including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees that may be required).  You are also responsible for ensuring that all persons who access the Site through Your device or via Your Fuelled member account are aware of these T&Cs and that they comply with them;
  • Your access to the Site may be suspended temporarily at any time and without notice; and
  • MD does not undertake to keep the Site up-to-date.

5.COMMUNICATION 

MD may contact You via off-Site communication channels (such as text message, phone call or email).

6.PAYMENT TERMS 

Membership Fee

You acknowledge and agree that:

  • You must pay MD the membership fee outlined at the checkout page at the time of registration or renewal of Your Membership (inclusive of any taxes as may be relevant from time to time) (‘Membership Fee’);
  • You must pay the Membership Fee in accordance with the billing frequency specified at the time of registration or renewal of Your Membership;

  • You may be entitled to a 14-day free trial as a new user upon registration of Your Membership and setting up Your account.  Each User is only entitled to one 14-day free trial and the Membership Fee will be processed after the expiry of the 14-day free trial unless Your Membership is terminated prior thereto;
  • Your Membership will automatically renew on the last day of the relevant billing frequency unless cancelled in accordance with these T&Cs;
  • the Membership Fee is subject to review by MD and may be varied by notice in writing to You not less than 30 days prior to the last day of the relevant billing frequency (as applicable); and
  • Your access to Our Services is conditional on You paying the Membership Fee as it becomes due and payable.

Payment

You acknowledge and agree that:

  • payment of the Membership Fee may be processed by MD or by third parties on Our behalf. You accept the additional terms and conditions that may be imposed by the applicable third party payment processor by making any payment through it;
  • Your payment details must be verified before Your Membership can be activated. If Your initial payment authorisation is revoked, Your Membership will be terminated;
  • it is Your responsibility to provide valid payment details for Our Services and ensure that Your payment details are up-to-date;
  • all prices for Our Services are in Australian Dollars;

  • unless otherwise stated, all prices or Membership Fees in connection with Your Membership and/or Our Services are GST exclusive and GST may be applicable on any prices You are charged;
  • if a payment of the Membership Fee is rejected, invalid or otherwise unsuccessful, Your Membership may be automatically terminated; and
  • all payments made for Our Services and Membership Fees are non-refundable.

If You make a payment for Our Services by debit card or credit card, You warrant that:

  • the information You provide to MD is true and complete;

  • You are authorised to use the debit card or credit card to make the payment;
  • Your payment will be honoured by Your card issuer; and
  • You will maintain sufficient funds in Your account to cover the payment.

7.TERMINATION 

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:

  • You (or any of Your personnel) breach any provision of these T&Cs;
  • You (or any of Your personnel) breach or do anything contrary to any policies, guidelines, standards or criteria published by MD on the Site from time to time;
  • You violate any applicable law;
  • there is any reason outside Our control which has the effect of compromising Our ability to provide Our Services;

  • You are unable to pay Your debts as they fall due;
  • MD reasonably believes such suspension or termination is necessary to protect Us, MD’s users or third parties; or
  • MD deems such suspension or termination reasonable and appropriate in the circumstances.

8.CONSEQUENCE OF SUSPENSION, EXPIRY OR TERMINATION 

Upon suspension, expiry or termination of these T&Cs:

  • MD will remove Your access to the Site and suspend or terminate Your Fuelled member account;
  • MD will immediately cease providing Our Services;
  • any payments made by You to MD is not refundable to You;
  • You agree not to disparage, defame, publically criticise or otherwise make any unfavourable statements or comments regarding MD, MD’s directors, MD’s officers, MD’s employees, MD’s consultants, MD’s agents, MD’s affiliates, the Site, Our Services and/or another User, either directly or by implication, verbally or in writing; and
  • where We suspend or terminate these T&Cs for any reason, You also agree that we may charge You additional reasonably incurred costs arising from, or in connection with, such suspension or termination.

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:

  • terminate Your access to the Services;
  • remove any information or other Content from the Services;

  • prevent access to the Services by You or any other User or group of Users; or
  • intercept, remove or alter any Content stored on the Services.

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.

9.MEMBER SUBMISSIONS

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 own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorise Us to use, all Intellectual Property in and to any and all of Your Members Submissions to enable their inclusion and use in the manner contemplated by Us and these T&Cs;
  • You have the written consent, release and/or permission of each and every identifiable person in Your Member Submissions to use their name or likeness to enable inclusion and use of Your Member Submissions in the manner contemplated by Us and these T&Cs;
  • You will not include material in Your Member Submissions that infringes or may infringe a third party’s Intellectual Property, including privacy rights, unless You are the owner of such rights or have permission from the proper owner to post the material and to grant Us all of the rights granted in these T&Cs;

  • You will not publish falsehoods or misrepresentations in Your Member Submissions that could damage MD or any third party;
  • You will not include material in Your Member Submissions that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; and
  • you agree to indemnify MD for any Claim or Liability that MD may suffer or incur as a result of a breach of this clause.

You undertake to immediately remove or not publish any or all Member Submissions by You if requested by Us.

10.LICENCE 

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.

11.LINKS TO OTHER SITES 

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.

12.PRIVACY 

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.

13.WARRANTIES 

You represent, warrant and agree that:

  • there are no legal restrictions that prevent You from entering into, and being lawfully bound by, these T&Cs;
  • You must not share, communicate, distribute or sell any Content to any third party or community or on any platform without Our prior written consent;
  • 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;
  • all information, material, documentation and details that You provide to Us in connection with these T&Cs is true, correct and complete;
  • You will not commit or encourage a criminal offense;

  • You will not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • You will not hack into any aspect of Our Services or the Site;
  • You will not infringe upon the rights of any other person’s proprietary rights;
  • You will not send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  • You will not attempt to affect the performance or functionality of any computer facilities of or accessed through the Site;

  • You will not misuse Our Services or the Site;
  • You have not relied on any representations or warranties made by MD in relation to Our Services or any Content, unless expressly stipulated in these T&Cs;
  • You do not take MD as having taken into account Your specific needs, objectives or circumstances when using or accessing Our Services or any Content;
  • You will not disparage, defame, publically criticise or otherwise make any unfavourable statements or comments regarding MD, MD’s directors, MD’s officers, MD’s employees, MD’s consultants, MD’s agents, MD’s affiliates, the Site, Our Services and/or another User, either directly or by implication, verbally or in writing;
  • to the maximum extent permitted by law, You indemnify MD and hold Us harmless from and against all and any Clams and Liabilities, howsoever arising, suffered or incurred by Us and arising from or in connection with any Claim or any Liability We incur as a result of any Member Submission You may make available;

  • You will indemnify MD for any Liability arising from any Member Submissions being inaccurate or out-of-date;
  • You are solely responsible for all Member Submissions that You make available on, about or via the Site and/or Our Services;
  • You will be responsible for the use of any part of Our Services and all Content, and You must ensure that no person uses any part of Our Services and all Content:

  1. to break any law or infringe any person’s rights (including Intellectual Property Rights);

  1. to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or

  1. in any way that damages, interferes with or interrupts the supply of Our Services;

  • You are either the sole and exclusive owner of all Member Submissions or You have all rights, licences, consents and releases that are necessary to grant to Us the rights in such Member Submissions as contemplated by these T&Cs;
  • neither the Member Submissions nor the posting, uploading, publication, sending or receiving of the Member Submissions or Our use of the Member Submissions through or by any means will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
  • You are not entitled to the benefit of any policies of insurance that We may hold; and
  • You will abide to any policies, guidelines, criteria or standards published by MD on the Site from time to time which relates to Users.

14.INTELLECTUAL PROPERTY

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.

15.DISCLAIMERS 

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:

  • MD does not warrant the performance or non-interruption of Our Site and/or Our Services;
  • MD does not warrant regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content;
  • MD does not warrant that Our Services, Our Site and/or all Content is suitable for Your intended use; and
  • MD disclaims all warranties and conditions that Our Site, its servers or any email sent from Us are free of viruses or other harmful components.

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.

16.EXCLUSIONS TO LIABILITY 

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:

  • Your or Your personnel’s acts or omissions;

  • Your or Your personnel’s violation of these T&Cs;
  • You or Your personnel’s breach of responsibilities, representations and/or warranties arising from these T&Cs;
  • Your or Your personnel’s conduct in performance of or participation in Our Services;
  • any property loss or damage, or personal injury or loss, arising from or in connection with Your participation in Our Services;
  • any use or application of Our Services by a person or entity other than You, or other than as reasonably contemplated by these T&Cs;

  • any aspect of Your interaction with the Site, Our Services and/or the Content including any participation in or performance of Our Services;
  • any aspect of Your interaction with the Member Submissions;
  • any additional or associated costs that You may incur in connection with or as a result of Your use of, participation in, performance of or access to Our Services, Our Site or any Content (including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that You may own, lease, license or otherwise use);
  • any works, services, goods, materials or items which do not form part of the Our Services (as expressed in these T&Cs), or which have not been provided by Us;
  • Our Services being unavailable, or any delay in Us providing Our Services to You, for whatever reason; and/or

  • any event outside of Our reasonable control.

17.INDEMNIFICATION 

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:

  • Your use of Our Services, the Site and/or the Content;
  • Your breach of these T&Cs (including policies, guidelines, standards or criteria published by MD on the Site from time to time);

  • Your Membership details You provided MD being incorrect or misleading;
  • Your improper use of the Site;
  • Your interaction with any User, or stay, use or participation in Our Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, use or participation;
  • Your failure, or Our failure at Your direction, to accurately report, collect or remit any applicable taxes; or
  • Your breach of any laws, regulations or third party rights such as Intellectual Property Rights.

18.LIMITATIONS ON LIABILITY 

Despite anything to the contrary, to the maximum extent permitted by law:

  • MD will not be liable for Consequential Loss;
  • MD’s liability for any Liability under these T&Cs will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
  • MD’s aggregate liability for any Liability arising from or in connection with these T&Cs will be limited to us resupplying Our Services to You or, in our sole discretion, to us repaying you the amount of the fees paid by You to MD in respect of the supply of Our Services to which the Liability relates, or where there are no fees paid, $1.

This clause will survive the suspension, termination or expiry of these Terms.

19.DISPUTES 

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.

20.GENERAL  

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.

21.DEFINITIONS 

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] 

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