Terms & Conditions
For the purposes of these terms and conditions the following definitions apply:
(a) Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
(b) MEGAN WALSH App means the App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;
(c) Forum means the Forum where registered members are able to communicate together be it on the Website or other 3rd party platforms eg Facebook;
(d) Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
(e) one gender includes each other gender;
(f) Our, ourselves, us, we, refer to Megan Walsh ABN 82143449260 as MEGAN WALSH ( WELLNESS ) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(g) Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(h) Program means the MEGAN WALSH WELLNESS program offered to you via the website;
(i) Subscription means the subscription with MEGAN WALSH WELLNESS entitling you to use of the Website, the Program and/or the Forum;
(j) Terms and Conditions means these terms and conditions as amended from time to time;
(k) Website means collectively the website meganwalsh.co, Forum, Program, products and/or services offered or provided by Megan Walsh including the Megan Walsh App;
(l) You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
2.1 By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).
2.2 This Licence shall continue until terminated in accordance with this Agreement.
3.1 These Terms and Conditions govern your right to use the Website and your access to and use of the Megan Walsh App, Program, the Forum and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
3.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Program and/or the Forum.
3.3 You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
3.4 You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
3.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law.
3.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
3.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
3.8 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
4. Your Agreement and Subscriptions
4.1 In accessing, registering or using the Website, including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
4.2 We offer Paid Memberships . Payment for each MEMBERSHIP is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
4.3 We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
5.1 You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. If you are accessing and using the Website or subscribing for access to the Program or any of the Website’s services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
5.2 Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Australian law.
5.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
6. Website Membership
6.1 You agree to provide accurate and truthful details about yourself for the purposes of your Membership , for the Program and/or inclusion in the Forum and we reserve the right to suspend or terminate your Membership if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
6.2 Once you register on the Website, you will be given access to a “Clients only” email subscription and Forum access.
6.3 Access to the information provided through email subscription and the Forum is for your sole use only.
6.4 Any password or right given to you to obtain access to the “Clients only” email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party.
6.5 We reserve the right, at our sole discretion, to terminate your access to the “Clients only” email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
6.6 Trial Offer cancellations will be removed from the membership of the Website within 48hrs of cancellation.
7. Third parties
7.1 We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
8. Forum Membership
8.1 You acknowledge that Forum membership provides for public communications.
8.2 To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum.
8.3 You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise, or the Website, the Program, the Forum and/or the individuals representing the Website and/or their employees.
8.4 You will not use the Forum:
(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
(b) to incite others to conduct the activities described in sub-paragraph 8.4(a)
(c) to interfere with the lawful and reasonable use of the Forum by others; and
(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your Subscription.
9. Renewal & Termination
9.1 Your Membership will automatically renew for the same term of your initial Membership unless you opt out of your Membership recurring by accessing the settings component of your profile on the Website and de-select the option to cancel your membership
9.2 You may cancel your Membership (please note a refund will not be issued when cancelling) to the Website by notifying the Website and we can then deactivate any account in your name, your membership of the Website and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. (Your information archived will be stored for 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed).
9.3 We can terminate your Licence, Membership/or participation in the Forum in our sole discretion if we believe you have breached any of the Terms and Conditions of the Licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Website and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
10.1 In purchasing any product or Service from the Website (“the Purchase”) you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
(d) all costs are in AUD Dollars unless otherwise indicated.
10.2. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
11. Risk and Limitation of Liability
11.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
11.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
11.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact us on the Website within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
12.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
12.3 We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
14. Medical Disclaimer
14.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
14.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
15. Limitation of Liability
15.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
16. Our rights to modify services
16.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
16.2 We will publish any intended changes on the Website and you will be deemed to have accepted such changes based on your continued use of the Website following our publication of the notice of change on the Website.
16.3 You agree that we may transfer, assign, license or deal with our interest in the Website, Forum, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 15.2.
17.1 These Terms and Conditions are governed by the laws of Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
18.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
18.2 You are liable for all content posted by you on the Forum.
18.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
18.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
(a) Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
(b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
1. All purchases on the Website are subject to the Terms and Conditions.
2. Subscriptions can be purchased either directly from:
- The Website (Website Purchase); or
- Via an external App (In-App Purchase).
3. The Membership fee (“Membership Fee”) will apply regardless of how much or how often you access or use the Membership.
4. In-App Purchase
5. These include a purchase made via an external App Store, such as the Apple App Store or another similar App Store.
6. An In-App Purchase is purchased from and billed by the respective App Store, not by Us.
7. You agree that:
- An In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;
- In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
- You must take up with the App Store provider directly any payment-related issues You experience with an In-App Purchase or return requests.
8. Website Purchase
- Subscriptions purchased directly from the Website are managed and billed by us.
- All Website Purchases are processed securely via our third party payment gateway providers. You must refer to their terms and conditions for additional information.
- All transactions are handled over SSL and are PCI-Compliant. We do not store your credit card details which will be stored by Stripe
- Subject to any free trial period, payment must be made at the time of purchase and before you have access to your subscription.
- The Memberships are payable up front in lump sums at the commencement of the Membership.
- Memberships will be auto-renewed on the first day of your next billing period unless you expressly indicate to us you do not wish to renew as per section 9.1 of the Terms and Conditions.
You must notify us of any change to the method of payment (“Payment Method”).
- We will assume your Payment Method is correct and will continue to bill Membership Fees and charges relating to your Subscription by your nominated Payment Method:
(a) If any Subscription Fees billed to your account are not processed for any reason we may suspend your Membership until payment is made in full.
(b)We reserve the right to vary the Membership Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect; and
(c)If you do not cancel your Membership before your next billing cycle, you will be deemed to have accepted the variation.
10. Free Trials
- Your subscription will start with a free trial for a fixed period of seven (7) days.
- Free trials are only available to new users and are at our sole discretion, and if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
- We reserve the right to revoke your free trial at any time.
- Unless you cancel before the end of the trial period, your free trial will expire and you will be charged the Membership Fee.
- Any unused portion of your free trial period will be forfeited upon purchase of a Membership.
- We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to and on its terms and conditions separate to those of our Terms and Conditions. It is Your responsibility to read and understand those third party terms and conditions.
- Any trial offers or Memberships will automatically roll over to a paid Membership unless cancelled at the end of the promotional period, or unless otherwise stated.
- Unless you cancel or opt-out of automatic renewal of your membership before the expiry of your membership, you will be charged for a renewed membership in the same amount of your initial membership the day your initial membership expires.
- After cancellation, you will continue to have access to the Megan Walsh wellness App for the remainder of your billing period.
To cancel your subscription via the Megan Walsh App or the, navigate to your ‘profile page’ and follow the prompts to cancel your subscription.
- We do not offer refunds or credits for unused memberships periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
- If you are dissatisfied for any reason, please contact us email@example.com
13. Governing Law
- The laws in force in Western Australia govern these Billing Terms.