Terms and Conditions
Terms and Conditions
Welcome to everheal™
The everheal™ website (https://everheal.com.au (our Site)), everheal™ events (Live or Virtual Events), online platforms, online training portal (Portal), programs (Programs), emails, marketing, landing pages (Landing Pages) and social media platforms provides general information about eating healthy foods and making beneficial lifestyle changes to assist in improving symptoms associated with general health, including autoimmune disease.
The information provided by everheal™ via these sources is general in nature and does not replace medical or professional advice. The information is gathered from experts, scientific researchers and/or physicians accredited in these health fields, and therefore are not generated by everheal™.
everheal™ pty ltd (‘we’, ‘us’ or ‘our’) is owned and operated by Allyson Brown (ABN 476 3429 1553) trading as everheal™, whose registered office is located in Victoria, Australia. As such, we are subject to abide by Victorian state laws, and such laws will govern this Agreement. We make no representation that our Site or services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our Site or services, you agree to do so subject to the internal laws of the State of Victoria.
Our terms (Terms) include our Terms and Conditions, our Privacy Policy, Refund Policy and our Disclaimer.
By using or interacting with our Site, Products or Services, Programs, or Social Media applications, you (“User” or “You”) agree to have read, understood and are bound by these Terms of use. If You do not agree with any of our Terms, we ask that you immediately cease using our Site, online Products/Services and Social Media applications.
These Terms and Conditions (Terms) govern your use of our Site, as well as our products and services, and form a binding contractual agreement between you and us. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. These Terms are important and you should ensure that you read them carefully.
Please contact everheal™ at [email protected] if you have any questions before purchasing our products or engaging our services.
Acceptance of Terms
1. We may change all or part of these Terms at any time without prior notice or consent. Updates to our Terms are effective immediately upon being posted on our Site, products and services, or any of our online platforms. Your continued use of our Site, products and services, or any of our online platforms will constitute your acceptance of all changes.
2. In agreeing to our Terms, we reserve the right to modify, alter, or update our Terms Modifications shall become effective immediately upon being posted on our Site or any of our online platforms. Your continued use of our Site and/or media presence, after amendments are posted, constitutes an acknowledgement and acceptance of this Agreement as modified. If you object to any changes to the Terms, your only remedy is to contact us [email protected].auand immediately discontinue your use of the products and/or services.
3. By accessing, downloading or using any of the free or paid products and/or services, whether or not you register as a member, or purchasing tickets to attend any everheal™ event, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
General Disclaimer
4. All everheal™ products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that everheal™, its directors, principals, employees, affiliates, contractors and representatives are not responsible for decisions that you may make, health effects nor losses that may arise out of any health, business or personal decision made by you at any time.
7. While the information and material contained on our Site, products and services or online platforms is believed to be accurate and current, it is provided by us on an “as is” basis. We subsequently accept noresponsibility for, and make no guarantees as to the reliability, accuracy or completeness of the information contained herein.
8. You acknowledge and agree that we are NOT dietitians/nutritionists, physicians, medical or health practitioners and we are not qualified to provide any dietary or nutritional advice. The information, insights, guidance and/or recommendations we provide are for general information purposes only and are not to be relied on for any diagnostic or treatment purposes. Information we provide, is NOT in any way a substitute for any professional dietary or medical advice. We highly recommend that You discuss ANY dietary or lifestyle changes you wish to undertake with your physician or healthcare practitioner BEFORE engaging in any of our products or services to ensure they are suitable for you.
9. Use of our Site, online platforms or any of our products or services does not establish a “doctor-patient” relationship. The information provided by everheal™ should not be used as a substitute for professional diagnosis and treatment. Any dietary or nutritional information provided by us or by contract from third party service providers, is provided simply for your convenience and is general information, readily available on the internet.
10. The information provided by everheal™ is general in nature and does not replace medical or professional advice. The information is gathered from experts, scientific researchers and/or physicians accredited in these health fields, and therefore are not generated by everheal™.
Results Disclaimer
11. Everheal™ cannot and does not make any guarantees about your ability to adhere to our recommendations and get results or improve your health using any of our recommendations, ideas, information, tools, videos, handouts, checklists or strategies. You acknowledge that there is an inherent risk in any health or dietary activity and agree there is no guarantee that you will improve your health as a result of your purchase of any of our products and/or services.
12. Any numerical results from us or our clients, referenced on our Site, in our videos, forums, online programs products or during the provision of our services, are illustrative of concepts only and should not be considered as promises for actual or future performance.
13. Everheal™ provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decisions you make or action (inaction) you take, and the consequences that flow from such decisions and actions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation of which we cannot guarantee.
Registering Your Details
14. Before you purchase any of our products and/or services, you must register an account with us.
15. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
16. We may at any time request a form of identification to verify your identity.
17. If you are a registered user or member of our Site or online Program, you acknowledge and agree that:
1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
3. You will immediately notify us if your Password is lost or becomes known to any other person
4. You are solely responsible for all access to and use of our Site or online Program via your Password, whether such access or use is by you or any other person; and
5. Any information you provide to us for posting or inclusion in our everheal™ Online Community (either via our Site, online
program or via written/verbal communications), at any time, becomes our property.
6. You are liable for all activity on your Account, including purchases made using your credit card, PayPal and/or Account details.
18. To the extent that you provide personal information, everheal™ will treat such information strictly in accordance with our Privacy Policy.
19. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
20. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
Your Obligations
21. When using our products and/or services, you may be given access to any of our online groups (including but not limited to our everheal™ online community), forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our everheal™ Online Community any of the following:
1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
3. Information that includes personal or identifying information about another person without that person’s consent.
4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
5. Any information or content that impersonates any person or entity.
6. Any material, non-public information about companies without authorisation to do so.
7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
22. You are responsible for creating your own Social Media accounts and must request to us to engage with any of the everheal™ and/or community groups. You understand we do not, in any way, have an obligation to screen users or attempt to verify the statements or posts of our users. We make no representations or warranties as to the conduct of users. We reserve the right to edit and/or delete any information submitted by a user, including (but not limited to) everheal™ Online Community and forum posting.
23. By posting or otherwise publishing Your Content on our Site, via emails, in person or via any of our online platforms, you:
1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
2. Warrant that you have the right to grant the above licenses;
3. Warrant that Your Content does not breach these Terms; and
4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
24. We reserve the right (but have no obligation) to:
1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
25. You will not provide false, inaccurate or misleading information to us or to any other user. If information provided by you subsequently becomes inaccurate, misleading or false, you must promptly notify us of such change.
26. everheal™ may include links to other Sites on the Internet that are owned and operated by online vendors or other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party Site. Your use of those third-party sites is subject to the terms of use and privacy policies of each individual Site, and you therefore waive us of any responsibility therein. All users should review each third party’s privacy policies and disclaimer information prior to engaging with any third-party product/service.
27. Clients undertaking any of our Services or Programs are required to:
1. Ensure that all the information provided to us is accurate;
2. Notify us of any contact changes (email, telephone, address etc.);
3. Advise us of any difficulties or problems they may experience with staff, procedures or training;
4. In your interactions with us, you agree to conduct yourself civilly and respectfully at all times. As a client, you agree that you shall not, under any circumstances, use abusive language or harass staff. We reserve the right to determine, at its sole discretion, what constitutes abusive language and harassment, and where that has occurred; and may, partially or completely, deny service to any infringing party.
28. Your use of Services is for Your personal use only. You are entirely responsible for any and all activities which occur under your name. You assume all risk when using the Products/Services, including but not limited to all of the risks associated with any online or offline interactions with others.
29. You agree to notify us of any unauthorised use of your name or any other breach of security known to you. You agree not to resell or make any commercial use of the Services without our express written consent.
30. We may suspend or block your ability to use our Services, without notice, for any reason and we may refuse to disclose the reason(s) for such action. All decisions regarding the suspension or termination of your ability to use the Services shall be made at our sole discretion.
31. We have no control over, and cannot guarantee the availability of Programs, subscriptions and/or Catch-Up Sessions at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site, Landing Page provider or any of Our Services whatsoever.
32. You waive the right to cancel any credit card or debit card payments which have already been cleared through our payment processor. If any payment is dishonoured or cancelled, or if You fail to pay any instalment when due, the related Programs, Catch-Up Sessions appointment(s) or other Services may be cancelled without further notice.
33. You agree to pay the purchase price specified on the Site or Landing Page provider at the time you place your order, plus any additional delivery charges. All amounts are stated in Australian Dollars (AUD) and all purchase prices include Australian GST (where applicable).
34. Through your payment, you agree that our Programs, Packages and Catch-Up Sessions services are subscription-based and we will continue delivering Program content and Catch-Up Sessions until you cancel your payments and/or services.
Code of Conduct
35. Our Site, Programs and Social Media platforms are spaces for learning and development, and is a pitch-free, solicitation-free and sales-free environment.
36. Whilst using our Site, Programs and Social Media platforms, we ask that you not:
1. Contact anyone who has asked not to be contacted.
2. Collect personal data about other users for commercial or unlawful purposes.
3. Infringe other user’s privacy rights.
4. Violate the intellectual property of others.
5. Post anything that contains software viruses, worms or any other harmful code; or
6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
37. Please see our Social Media platforms Rules/Guidelines in the appendix for further information.
Confidentiality
38. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using any of our products and/or services, you agree to respect the same rights of the other everheal™ product and/or services participants (Participants) and representatives of everheal™.
39. You agree:
1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions
3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
5. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
40. Information provided by you is considered confidential and will not be divulged to any third party, nor will it ever be sold.
41. We will make reasonable efforts to ensure you information is secure and ensure that any of our employees, contractors or agents who have access to the information do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you:
1. to the extent specifically required by law; or
2. for the purposes of your Product or Service agreement with us, including disclosing information in connection with any query, payment or claim
42. Upon enrolment into any of our programs or services, we may use the content from your emails, social media posts, or other communications in our marketing materials and on our Site. Your full identity will never be revealed, however we may use your name and city. Please be assured that we respect your privacy and only comments related to course outcomes and positive student experiences will be mentioned.
Copyright and Trademark Notices
43. everheal™ is a proprietary mark of everheal™ pty ltd. Our trademark may not be used in connection with any products or services that is not provided by us, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits us.
44. All material on our Site, via our social media platforms, online Programs or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it.
45. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
46. You acknowledge that you do not acquire any ownership rights by using any of our products or services, or by accessing our Site content or social media posts.
47. The trademarks, logos, and service marks displayed on our Site or in any of our Products or Services are the registered and/or unregistered trademarks of everheal™. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to everheal™, in any manner that is likely to cause confusion with customers, or in any manner that disparages everheal™.
48. Everheal™ and the LIFE Formula Program are all registered and unregistered trademarks owned by everheal™ Pty Ltd (ACN 634 291 553)
49. Nothing contained on our Site, Online Program or on our social media platforms, should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
50. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Everheal™ will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
51. All content included or available within our Site, Social Media platforms, Programs, Products, Services or and of our live or virtual events (including content, design, worksheets, handouts, checklists, text, graphics, interfaces, and the selection and arrangements thereof) is copyright with all rights reserved.
52. Any use of materials, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data mining or data extraction, or other commercial exploitation of any kind, without prior written permission of an authorised officer of everheal™ is strictly prohibited.
53. All other third-party trademarks referenced by us, are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the Sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with us.
Program Extension Policy:
54. No extension of any everheal™ Program from the maximum of 180 days will be permitted
55. If a Program expires and the student has failed to complete the Program within the 180 days from the date of registration, are NOT eligible for credit, extension or refund of any kind, regardless of time spent in the Program/Portal.
Program Extension Policy:
54. No extension of any everheal™ Program from the maximum of 180 days will be permitted
55. If a Program expires and the student has failed to complete the Program within the 180 days from the date of registration, are NOT eligible for credit, extension or refund of any kind, regardless of time spent in the Program/Portal.
Right to Suspend, Terminate and Refund
56. We reserve the right to suspend or terminate your use of our products and/or services, if you breach any of these Terms, as determined by us in our sole discretion.
57. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our everheal™ Online Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
58. Invoices for any everheal™ product or service are automatically generated and can be requested at any time by emailing [email protected]
59. Our payments are generally operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
3. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
60. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
61. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
62. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
63. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
64. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
65. From time to time, everheal™ may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
Refunds
66. Pursuant to the Australian Consumer Laws (ACL) refunds will only be given if the below criteria has been met:
1. everheal™ is unable to deliver a course for which a learner has paid fees; or
2. The learner has paid to everheal™ an amount greater than the course fee(s) as advertised at the time of enrolment; or
3. The learner is otherwise entitled to a refund pursuant to the ACL.
67. everheal™ is legally required to abide by conditions of approval to deliver programs online; these conditions are enforced by regulatory agencies and are subject to change. Regulatory requirements and changes are outside our control.
68. Notwithstanding your rights under the ACL, refunds cannot be given for any of the following alternative reasons not prescribed as grounds for a refund under the ACL:
1. Failure to review and consider all information presented on the everheal™ Site prior to enrolment
2. Incorrect choice
3. Change of circumstances
4. Financial hardship
5. If you make a payment but want or have seen a different price elsewhere
6. Unwillingness or inability to comply with the requirements of the Program
7. General misconduct
69. Where it is proven that you have paid to everheal™ an amount greater than the program fee(s) as advertised at the time of enrolment (for the location where the purchase was made), everheal™ will refund you the amount which is the difference between the advertised program fee and the amount paid by you.
70. Where regulatory changes may have impacted the Program conditions and/or requirements so as to cause you loss or disadvantage, you may not be entitled to a refund.
71. Any loss or disadvantage to you that is not caused by everheal™ directly, there are no grounds for granting a refund.
72. You are advised to consider all information provided on the everheal™ Site, including the FAQs, Terms & Conditions, Program information, resources, instructions, Privacy Policy, Disclaimer and Refund Policy, when considering enrolment into an everheal™ Program, product or service.
73. While Program payments are non-refundable. If you may have extenuating circumstances that prevent you from undertaking the Program, Program payments may be partially refunded or the program dates deferred, providing that sufficient evidence can be successfully produced to support these circumstances. The decision of assessing the extenuating circumstances rests solely with the everheal™ Director and shall be assessed on a case-by-case situation.
74. We do not offer refunds to payments made on any monthly subscription plan for Subscription Access. Your subscription will automatically renew unless or until you cancel your subscription or if your subscription is suspended or removed by everheal™ or until you complete the Program within your Subscription Period.
When and how we issue refunds:
75. Upon determining that the refund request is valid and due to you under these Terms, we will issue such refund or cancellation within 30 days of that determination.
76. If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay for the Products or Services.
90-day Results Guarantee
77. Everheal™ provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation to make positive changes to your diet and lifestyle.
78. If you have adequately demonstrated your commitment by doing EVERYTHING instructed within the everheal™ LIFE Formula Program and you do not feel ANY improvements in your health or wellbeing by the end of the full everheal™ LIFE Formula Program (i.e. All Modules 1-7), you may be eligible to receive a full or partial refund of the original purchase amount, provided you meet the following stringent criteria. To be eligible for the 90-Day Results Guarantee refund, you must be able to demonstrate that you have:
1. Completed the full Program (Modules 1-7 and all associated Lessons) in the online training Portal
2. Watched all of the Lessons/daily videos within the online training Portal
3. Demonstrated that you have been eating a “clean diet” for the duration of the everheal™ LIFE Formula Program – (“clean diet” as stipulated by us = eliminating gluten, dairy, sugar, processed foods and alcohol).
4. Downloaded and completed all checklists, worksheets, activities associated with each Module/Lesson
5. Completed ALL daily challenge set for the full 90-days of the everheal™ LIFE Formula Program (i.e. All daily challenges set in Lessons for Modules 1-7)
6. Posted your completed daily challenge activity on the everheal™ online community group for the full 90-days of the everheal™ LIFE Formula Program, as described/stipulated in all Lesson videos (i.e. All daily challenges set in Lessons for Modules 1-7)
7. Sought advice from a Functional Medicine Practitioner or Naturopath, as recommended in the everheal™ LIFE Formula Program, to ensure the recommendations were right for you before commencing the Program, as well as during the Program if you were not feeling well or had any concerns at any stage
8. Not paused or cancelled your membership at and stage during the Program
9. Reached out to us via [email protected] with any concerns You have at any stage during the program, to allow Us to address the issue/s
79. Failure to comply with ANY of these requirements, you will be ineligible to receive the 90-day Results Guarantee refund.
80. If you indicate via any means (written, verbal, online posts) that you have improved in ANY way throughout the duration of the program (including but not limited to weight loss, less fatigue, less brain fog, better sleep, improved happiness, less stress, less headaches, less cravings), you are ineligible to receive the 90-day Results Guarantee refund.
81. To request this 90-day Results Guarantee refund, you must contact us within 48 hours of completing the full everheal™ LIFE Formula Program (i.e. All daily challenges set in Lessons for Modules 1-7)
82. describing the nature of your request, evidence of the above requirements and detailing the reasons why you feel you are eligible to receive this refund. We will then investigate and review your claim, and will reply to your request within 14 business days requesting further information or with the result of your request.
83. Failure to meet ANY of the requirements detailed above, your claim will be rejected.
Other Terms and Conditions:
84. Please allow up to 2 working days to receive your everheal™ online training details (i.e. online portal login details) for Your Program/s.
85. Online training Programs may NOT be transferred to another student.
86. Students have 180 days (6-months) to complete the online Program before access is revoked.
87. Students are able to book in for weekly catch-up sessions for the duration of their everheal™ LIFE Formula Program. Any bookings made outside of this period will be revoked unless given prior permission to attend.
88. If you need to postpone your Program(s), you need to make a request 7 working days in advance. Your request will be assessed accordingly and we will contact you regarding an outcome within 7 working days.
Affiliate program – Terms of Use
89. The Affiliate referrer (Affiliate) will need to sign up as an affiliate providing the required details to us.
90. The Affiliate applicant will receive confirmation if their application has been successful.
91. If approved, the Affiliate will receive a specific Affiliate code associated to their account. This code can be provided to the Affiliate’s clients/contacts to receive the following benefits:
1. The client entering the Affiliate code when signing up for the everheal™ LIFE Formula Program, will receive $500 AUD off the price of the everheal™ LIFE Formula Program (on that specific platform)
2. The Affiliate may receive $500 AUD in gratitude for referring the paying client, if the following conditions are met:
92. The client payment is successfully received by us
93. The paying client does not apply for nor receive a refund
94. Successful Affiliate applicants will be paid within 30 days of payment receipt from a client who has successful made payment for the everheal™ LIFE Formula Program
95. Referral payments will NOT be made to the Affiliate if the paying client receives a refund.
Monthly Cash Prize Conditions
96. As part of the everheal™ LIFE Formula Program, participants are given the chance to win a monthly cash prize, if the following conditions are met:
1. The participant follows the group rules of the everheal™ Online Community and does not post anything that goes against these rules
2. The participant will get an entry to the draw by posting their Daily Challenges and progress on the everheal™ Online Community
3. The participant of the everheal™ Online Community is a current member of the everheal™ LIFE Formula Program, group or 1:1 Catch Up Sessions or holds a valid membership to the online learning portal.
4. Members of the everheal™ Online Community get lifetime access to the Facebook group, however the chance to win the monthly cash prize is valid only to current paying members, signed up to everheal™ products or services at the time of posting and the time the monthly cash prize is drawn
97. The prize amount for the monthly cash prize is solely at the discretion of everheal™ and can change at any stage without notice
98. If you are selected to receive the monthly cash prize:
1. You will be notified via Facebook and/or Messenger of your selection to receive the prize
2. You must contact us at [email protected] within 7 days to redeem your prize
3. You must provide us with a valid PayPal email address or bank transfer details (BSB and account number) where the funds will be directly transferred to this account within 7 business days
4. You are solely responsible for providing everheal™ with the correct details for your selected financial establishment. Please ensure these details are correct prior to sending them to us. We take no responsibility if the details provided are incorrect and the fund transfer is sent to the wrong account. We will not be able to recoup funds or make additional transfers to you to correct the error.
5. You cannot select to receive physical cash, vouchers or any other payment method that that listed above. You may however request to have the prize money used as credit towards other everheal™ products and services. Please inform us if this is the option you would prefer.
99. everheal™ reserves the right to change the participant nomination at any stage, if they feel that the nominated participant has breached any rules or displayed misconduct (in their view) in any form
Everheal events
100. For the purpose of the paragraphs below, any virtual events or in-person events hosted by everheal™ will be referred to as ‘Events’ (including but not limited to Catch-Up Sessions or Health Discovery Calls).
101. Everheal™ reserves the right to exclude you from any event should you, in our determination, become disruptive or conduct yourself in any unacceptable manner.
102. You understand and acknowledge that everheal™ and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by everheal™.
103. You hereby waive any and all legal rights you may have against everheal™ in respect of Recordings of your participation in the event and grant to everheal™ the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
104. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
105. You hereby release, discharge and agree to hold harmless everheal™ from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
106. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
107. In the unlikely event that everheal™ cancels an Event, you will receive notification and a full refund of the purchase price paid for the Event. Everheal™ will not reimburse any optional expenses including but not limited to flights and accommodation.
Liability is Limited
108. We have no liability for any interruptions in the availability of the Site Landing Pages, Services or Programs or the availability of Programs, Packages and Services.
109. We have no liability for any loss, damage, costs (including legal costs), or expenses whatsoever, whether direct, indirect, consequential, or incidental including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on Your information systems or costs of replacement goods, or otherwise, suffered by You or claims made against You, arising out of or in connection with the Site, inability to access or use the Site, or any of our products or services or the Sale Terms, even if We were expressly advised of the likelihood of such loss or damage.
110. Our total liability arising out of, or in connection with, the Packages/Services in the Sale Terms, however arising (including under contract, negligence, in equity, under statute or otherwise), will not exceed the total price paid by You for the purchase of products under the Sale Terms. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
111. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, everheal™ Online Community or Our Content.
112. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, everheal™ Online Community or Our Content.
113. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
114. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
115. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
116. Accessing Sites or servers maintained by other organisations through links on our Site, everheal™ Online Community or products or services. Links are provided for convenience only. We do not endorse linked Sites nor their products and services and you access them at your own risk.
117. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
Indemnity
118. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, online training Portal, everheal™ Online Community or through use of any of our products or services.
119. You agree to indemnify Us (our families, affiliates, subsidiaries, contractors, experts and employees) from and against all claims, lawsuits, liabilities, demands, actions, costs and expenses (including legal costs/fees and expenses made by You or by any third party, on a full indemnity basis) resulting from the User’s breach or infringement of the Sale Terms, violation of this Agreement and/or use of intellectual property or any right of any person or entity.
Affiliate Disclosure
120. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from our Site, social media platforms, online Portal or via our everheal™ Online Community.
No Assignment
121. You cannot transfer or assign your everheal™ membership without our prior written consent.
122. We may assign or transfer our obligations under these Terms at any time, subject to giving you 30 days prior notice in writing.
Dispute Resolution
123. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
124. In the case of claims against us, all notices are to be provided to [email protected].
125. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
126. Once a mediator is appointed, the parties agree that:
1. The costs of the mediator shall be borne equally between the disputing parties.
2. The chosen mediator shall determine the procedures for mediation.
3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
127. If the parties have not mediated a resolution of the dispute within 14 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
128. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
129. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
130. This clause survives termination of these Terms.
Applicable Law
131. These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria Australia to determine any matter or dispute which arises between us.
Your Feedback
132. Participants are encouraged to provide feedback at the closure of everheal™ services (including but not limited to Health Discovery Call Sessions and the everheal™ LIFE Formula Program).
133. We welcome enquiries or feedback on our Site, products or services at any stage. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
134. If you have questions or comments regarding our Site, Portal or any everheal™ products or services, please email us at [email protected]
Company Details
Trading Name: everheal™
ABN: 476 3429 1553
Country: Australia
Telephone Number: +61 3 5280 8068
Email: [email protected]
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such rights or provisions. The User acknowledges that by accepting this Agreement, they consent to the privacy practices described in Our Privacy Policy
Copyright © 2021 everheal™ pty ltd. All Rights Reserved
Acceptance of Terms
1. We may change all or part of these Terms at any time without prior notice or consent. Updates to our Terms are effective immediately upon being posted on our Site, products and services, or any of our online platforms. Your continued use of our Site, products and services, or any of our online platforms will constitute your acceptance of all changes.
2. In agreeing to our Terms, we reserve the right to modify, alter, or update our Terms Modifications shall become effective immediately upon being posted on our Site or any of our online platforms. Your continued use of our Site and/or media presence, after amendments are posted, constitutes an acknowledgement and acceptance of this Agreement as modified. If you object to any changes to the Terms, your only remedy is to contact us at [email protected] and immediately discontinue your use of the products and/or services.
3. By accessing, downloading or using any of the free or paid products and/or services, whether or not you register as a member, or purchasing tickets to attend any everheal™ event, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
General Disclaimer
4. All everheal™ products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that everheal™, its directors, principals, employees, affiliates, contractors and representatives are not responsible for decisions that you may make, health effects nor losses that may arise out of any health, business or personal decision made by you at any time.
7. While the information and material contained on our Site, products and services or online platforms is believed to be accurate and current, it is provided by us on an “as is” basis. We subsequently accept no responsibility for, and make no guarantees as to the reliability, accuracy or completeness of the information contained herein.
8. You acknowledge and agree that we are NOT dietitians/nutritionists, physicians, medical or health practitioners and we are not qualified to provide any dietary or nutritional advice. The information, insights, guidance and/or recommendations we provide are for general information purposes only and are not to be relied on for any diagnostic or treatment purposes. Information we provide, is NOT in any way a substitute for any professional dietary or medical advice. We highly recommend that You discuss ANY dietary or lifestyle changes you wish to undertake with your physician or healthcare practitioner BEFORE engaging in any of our products or services to ensure they are suitable for you.
9. Use of our Site, online platforms or any of our products or services does not establish a “doctor-patient” relationship. The information provided by everheal™ should not be used as a substitute for professional diagnosis and treatment. Any dietary or nutritional information provided by us or by contract from third party service providers, is provided simply for your convenience and is general information, readily available on the internet.
10. The information provided by everheal™ is general in nature and does not replace medical or professional advice. The information is gathered from experts, scientific researchers and/or physicians accredited in these health fields, and therefore are not generated by everheal™.
Results Disclaimer
11. Everheal™ cannot and does not make any guarantees about your ability to adhere to our recommendations and get results or improve your health using any of our recommendations, ideas, information, tools, videos, handouts, checklists or strategies. You acknowledge that there is an inherent risk in any health or dietary activity and agree there is no guarantee that you will improve your health as a result of your purchase of any of our products and/or services.
12. Any numerical results from us or our clients, referenced on our Site, in our videos, forums, online programs products or during the provision of our services, are illustrative of concepts only and should not be considered as promises for actual or future performance.
13. Everheal™ provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decisions you make or action (inaction) you take, and the consequences that flow from such decisions and actions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation of which we cannot guarantee.
Registering Your Details
14. Before you purchase any of our products and/or services, you must register an account with us.
15. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
16. We may at any time request a form of identification to verify your identity.
17. If you are a registered user or member of our Site or online Program, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person
d. You are solely responsible for all access to and use of our Site or online Program via your Password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our everheal™ Online Community (either via our Site, online Program or via written/verbal communications), at any time, becomes our property.
f. You are liable for all activity on your Account, including purchases made using your credit card, PayPal and/or Account details.
18. To the extent that you provide personal information, everheal™ will treat such information strictly in accordance with our Privacy Policy.
19. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
20. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
Your Obligations
21. When using our products and/or services, you may be given access to any of our online groups (including but not limited to our everheal™ online community), forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our everheal™ Online Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
22. You are responsible for creating your own Social Media accounts and must request to us to engage with any of the everheal™ and/or community groups. You understand we do not, in any way, have an obligation to screen users or attempt to verify the statements or posts of our users. We make no representations or warranties as to the conduct of users. We reserve the right to edit and/or delete any information submitted by a user, including (but not limited to) everheal™ Online Community and forum posting.
23. By posting or otherwise publishing Your Content on our Site, via emails, in person or via any of our online platforms, you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licenses;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
24. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
25. You will not provide false, inaccurate or misleading information to us or to any other user. If information provided by you subsequently becomes inaccurate, misleading or false, you must promptly notify us of such change.
26. everheal™ may include links to other Sites on the Internet that are owned and operated by online vendors or other third parties. You acknowledge that we are not responsible for the availability of, or the content located
on or through, any third-party Site. Your use of those third-party sites is subject to the terms of use and privacy policies of each individual Site, and you therefore waive us of any responsibility therein. All users should review each third party’s privacy policies and disclaimer information prior to engaging with any third-party product/service.
27. Clients undertaking any of our Services or Programs are required to:
a. Ensure that all the information provided to us is accurate;
b. Notify us of any contact changes (email, telephone, address etc.);
c. Advise us of any difficulties or problems they may experience with staff, procedures or training;
d. In your interactions with us, you agree to conduct yourself civilly and respectfully at all times. As a client, you agree that you shall not, under any circumstances, use abusive language or harass staff. We reserve the right to determine, at its sole discretion, what constitutes abusive language and harassment, and where that has occurred; and may, partially or completely, deny service to any infringing party.
28. Your use of Services is for Your personal use only. You are entirely responsible for any and all activities which occur under your name. You assume all risk when using the Products/Services, including but not limited to all of the risks associated with any online or offline interactions with others.
29. You agree to notify us of any unauthorised use of your name or any other breach of security known to you. You agree not to resell or make any commercial use of the Services without our express written consent.
30. We may suspend or block your ability to use our Services, without notice, for any reason and we may refuse to disclose the reason(s) for such action. All decisions regarding the suspension or termination of your ability to use the Services shall be made at our sole discretion.
31. We have no control over, and cannot guarantee the availability of Programs, subscriptions and/or Catch-Up Sessions at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site, Landing Page provider or any of Our Services whatsoever.
32. You waive the right to cancel any credit card or debit card payments which have already been cleared through our payment processor. If any payment is dishonoured or cancelled, or if You fail to pay any instalment when due, the related Programs, Catch-Up Sessions appointment(s) or other Services may be cancelled without further notice.
33. You agree to pay the purchase price specified on the Site or Landing Page provider at the time you place your order, plus any additional delivery charges. All amounts are stated in Australian Dollars (AUD) and all purchase prices include Australian GST (where applicable).
34. Through your payment, you agree that our Programs, Packages and Catch-Up Sessions services are subscription-based and we will continue delivering Program content and Catch-Up Sessions until you cancel your payments and/or services.
Code of Conduct
35. Our Site, Programs and Social Media platforms are spaces for learning and development, and is a pitch-free, solicitation-free and sales-free environment.
36. Whilst using our Site, Programs and Social Media platforms, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
37. Please see our Social Media platforms Rules/Guidelines in the appendix for further information.
Confidentiality
38. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using any of our products and/or services, you agree to respect the same
rights of the other everheal™ product and/or services participants (Participants) and representatives of everheal™.
39. You agree:
a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
e. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
40. Information provided by you is considered confidential and will not be divulged to any third party, nor will it ever be sold.
41. We will make reasonable efforts to ensure you information is secure and ensure that any of our employees, contractors or agents who have access to the information do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you:
a. to the extent specifically required by law; or
b. for the purposes of your Product or Service agreement with us, including disclosing information in connection with any query, payment or claim
42. Upon enrolment into any of our programs or services, we may use the content from your emails, social media posts, or other communications in our marketing materials and on our Site. Your full identity will never be revealed, however we may use your name and city. Please be assured that we respect your privacy and only comments related to course outcomes and positive student experiences will be mentioned.
Copyright and Trademark Notices
43. everheal™ is a proprietary mark of everheal™ pty ltd. Our trademark may not be used in connection with any products or services that is not provided by us, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits us.
44. All material on our Site, via our social media platforms, online Programs or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it.
45. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
46. You acknowledge that you do not acquire any ownership rights by using any of our products or services, or by accessing our Site content or social media posts.
47. The trademarks, logos, and service marks displayed on our Site or in any of our Products or Services are the registered and/or unregistered trademarks of everheal™. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to everheal™, in any manner that is likely to cause confusion with customers, or in any manner that disparages everheal™.
48. Everheal™ and the LIFE Formula Program are all registered and unregistered trademarks owned by everheal™ Pty Ltd (ACN 634 291 553)
49. Nothing contained on our Site, Online Program or on our social media platforms, should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
50. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Everheal™ will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
51. All content included or available within our Site, Social Media platforms, Programs, Products, Services or and of our live or virtual events (including content, design, worksheets, handouts, checklists, text, graphics, interfaces, and the selection and arrangements thereof) is copyright with all rights reserved.
52. Any use of materials, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data mining or data extraction, or other commercial exploitation of any kind, without prior written permission of an authorised officer of everheal™ is strictly prohibited.
53. All other third-party trademarks referenced by us, are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the Sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with us.
Program Extension Policy:
54. No extension of any everheal™ Program from the maximum of 180 days will be permitted
55. If a Program expires and the student has failed to complete the Program within the 180 days from the date of registration, are NOT eligible for credit, extension or refund of any kind, regardless of time spent in the Program/Portal.
Right to Suspend, Terminate and Refund
56. We reserve the right to suspend or terminate your use of our products and/or services, if you breach any of these Terms, as determined by us in our sole discretion.
57. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our everheal™ Online Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
58. Invoices for any everheal™ product or service are automatically generated and can be requested at any time by emailing [email protected]
59. Our payments are generally operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
c. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
60. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
61. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
62. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
63. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
64. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
65. From time to time, everheal™ may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
Refunds
66. Pursuant to the Australian Consumer Laws (ACL) refunds will only be given if the below criteria has been met:
a. everheal™ is unable to deliver a course for which a learner has paid fees; or
b. The learner has paid to everheal™ an amount greater than the course fee(s) as advertised at the time of enrolment; or
c. The learner is otherwise entitled to a refund pursuant to the ACL.
67. everheal™ is legally required to abide by conditions of approval to deliver programs online; these conditions are enforced by regulatory agencies and are subject to change. Regulatory requirements and changes are outside our control.
68. Notwithstanding your rights under the ACL, refunds cannot be given for any of the following alternative reasons not prescribed as grounds for a refund under the ACL:
a. Failure to review and consider all information presented on the everheal™ Site prior to enrolment
b. Incorrect choice
c. Change of circumstances
d. Financial hardship
e. If you make a payment but want or have seen a different price elsewhere
f. Unwillingness or inability to comply with the requirements of the Program
g. General misconduct
69. Where it is proven that you have paid to everheal™ an amount greater than the program fee(s) as advertised at the time of enrolment (for the location where the purchase was made), everheal™ will refund you the amount which is the difference between the advertised program fee and the amount paid by you.
70. Where regulatory changes may have impacted the Program conditions and/or requirements so as to cause you loss or disadvantage, you may not be entitled to a refund.
71. Any loss or disadvantage to you that is not caused by everheal™ directly, there are no grounds for granting a refund.
72. You are advised to consider all information provided on the everheal™ Site, including the FAQs, Terms & Conditions, Program information, resources, instructions, Privacy Policy, Disclaimer and Refund Policy, when considering enrolment into an everheal™ Program, product or service.
73. While Program payments are non-refundable. You may have extenuating circumstances that prevent you from undertaking the Program. Where evidence can be successfully provided to support these circumstances, Program payments may be partially refunded or the program dates deferred. This decision of assessing the extenuating circumstances rests with the everheal™ Director and shall be assessed on a case-by-case situation.
74. We do not offer refunds to payments made on any monthly subscription plan for Subscription Access. Your subscription will automatically renew unless or until you cancel your subscription or if your subscription is suspended or removed by everheal™ or until you complete the Program within your Subscription Period.
When and how we issue refunds:
75. Upon determining that the refund request is valid and due to you under these Terms, we will issue such refund or cancellation within 30 days of that determination.
76. If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay for the Products or Services.
90-day Results Guarantee
81. Everheal™ provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
Your success depends on many factors, including your dedication, participation, desire, and motivation to make positive changes to your diet and lifestyle.
82. If you have adequately demonstrated your commitment by doing EVERYTHING instructed within the everheal™ LIFE Formula Program and you do not feel ANY improvements in your health or wellbeing by the end of the full everheal™ LIFE Formula Program (i.e. All Modules 1-7), you may be eligible to receive a full or partial refund of the original purchase amount, provided you meet the following stringent criteria. To be eligible for the 90-Day Results Guarantee refund, you must be able to demonstrate that you have:
a. Completed the full Program (Modules 1-7 and all associated Lessons) in the online training Portal
b. Watched all of the Lessons/daily videos within the online training Portal
c. Demonstrated that you have been eating a “clean diet” for the duration of the everheal™ LIFE Formula Program – (“clean diet” as stipulated by us = eliminating gluten, dairy, sugar, processed foods and alcohol).
d. Downloaded and completed all checklists, worksheets, activities associated with each Module/Lesson
e. Completed ALL daily challenge set for the full 90-days of the everheal™ LIFE Formula Program (i.e. All daily challenges set in Lessons for Modules 1-7)
f. Posted your completed daily challenge activity on the everheal™ online community group for the full 90-days of the everheal™ LIFE Formula Program, as described/stipulated in all Lesson videos (i.e. All daily challenges set in Lessons for Modules 1-7)
g. Sought advice from a Functional Medicine Practitioner or Naturopath, as recommended in the everheal™ LIFE Formula Program, to ensure the recommendations were right for you before commencing the Program, as well as during the Program if you were not feeling well or had any concerns at any stage
h. Not paused or cancelled your membership at and stage during the Program
i. Reached out to us via [email protected] with any concerns You have at any stage during the program, to allow Us to address the issue/s
83. Failure to comply with ANY of these requirements, you will be ineligible to receive the 90-day Results Guarantee refund.
84. If you indicate via any means (written, verbal, online posts) that you have improved in ANY way throughout the duration of the program (including but not limited to weight loss, less fatigue, less brain fog, better sleep, improved happiness, less stress, less headaches, less cravings), you are ineligible to receive the 90-day Results Guarantee refund.
85. To request this 90-day Results Guarantee refund, you must contact us within 48 hours of completing the full everheal™ LIFE Formula Program (i.e. All daily challenges set in Lessons for Modules 1-7)
86. describing the nature of your request, evidence of the above requirements and detailing the reasons why you feel you are eligible to receive this refund. We will then investigate and review your claim, and will reply to your request within 14 business days requesting further information or with the result of your request.
87. Failure to meet ANY of the requirements detailed above, your claim will be rejected.
Other Terms and Conditions:
88. Please allow up to 2 working days to receive your everheal™ online training details (i.e. online portal login details) for Your Program/s.
89. Online training Programs may NOT be transferred to another student.
90. Students have 180 days (6-months) to complete the online Program before access is revoked.
91. Students are able to book in for weekly catch-up sessions for the duration of their everheal™ LIFE Formula Program. Any bookings made outside of this period will be revoked unless given prior permission to attend.
92. If you need to postpone your Program(s), you need to make a request 7 working days in advance. Your request will be assessed accordingly and we will contact you regarding an outcome within 7 working days.
Affiliate program – Terms of Use
93. The Affiliate referrer (Affiliate) will need to sign up as an affiliate providing the required details to us.
94. The Affiliate applicant will receive confirmation if their application has been successful.
95. If approved, the Affiliate will receive a specific Affiliate code associated to their account. This code can be provided to the Affiliate’s clients/contacts to receive the following benefits:
a. The client entering the Affiliate code when signing up for the everheal™ LIFE Formula Program, will receive $500 AUD off the price of the everheal™ LIFE Formula Program (on that specific platform)
b. The Affiliate may receive $500 AUD in gratitude for referring the paying client, if the following conditions are met:
a. The client payment is successfully received by us
96. Successful Affiliate applicants will be paid within 30 days of payment receipt from a client who has successful made payment for the everheal™ LIFE Formula Program
Monthly Cash Prize Conditions
97. As part of the everheal™ LIFE Formula Program, participants are given the chance to win a monthly cash prize, if the following conditions are met:
a. The participant follows the group rules of the everheal™ Online Community and does not post anything that goes against these rules
b. The participant will get an entry to the draw by posting their Daily Challenges and progress on the everheal™ Online Community
c. The participant of the everheal™ Online Community is a current member of the everheal™ LIFE Formula Program, group or 1:1 Catch Up Sessions or holds a valid membership to the online learning portal.
d. Members of the everheal™ Online Community get lifetime access to the Facebook group, however the chance to win the monthly cash prize is valid only to current paying members, signed up to everheal™ products or services at the time of posting and the time the monthly cash prize is drawn
98. The prize amount for the monthly cash prize is solely at the discretion of everheal™ and can change at any stage without notice
99. If you are selected to receive the monthly cash prize:
a. You will be notified via Facebook and/or Messenger of your selection to receive the prize
b. You must contact us at [email protected] within 7 days to redeem your prize
c. You must provide us with a valid PayPal email address or bank transfer details (BSB and account number) where the funds will be directly transferred to this account within 7 business days
d. You are solely responsible for providing everheal™ with the correct details for your selected financial establishment. Please ensure these details are correct prior to sending them to us. We take no responsibility if the details provided are incorrect and the fund transfer is sent to the wrong account. We will not be able to recoup funds or make additional transfers to you to correct the error.
e. You cannot select to receive physical cash, vouchers or any other payment method that that listed above. You may however request to have the prize money used as credit towards other everheal™ products and services. Please inform us if this is the option you would prefer.
100. everheal™ reserves the right to change the participant nomination at any stage, if they feel that the nominated participant has breached any rules or displayed misconduct (in their view) in any form
Everheal events
101. For the purpose of the paragraphs below, any virtual events or in-person events hosted by everheal™ will be referred to as ‘Events’ (including but not limited to Catch-Up Sessions or Health Discovery Calls).
102. Everheal™ reserves the right to exclude you from any event should you, in our determination, become disruptive or conduct yourself in any unacceptable manner.
103. You understand and acknowledge that everheal™ and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by everheal™.
104. You hereby waive any and all legal rights you may have against everheal™ in respect of Recordings of your participation in the event and grant to everheal™ the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or
distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use. 106. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
105. You hereby release, discharge and agree to hold harmless everheal™ from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
106. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
107. In the unlikely event that everheal™ cancels an Event, you will receive notification and a full refund of the purchase price paid for the Event. Everheal™ will not reimburse any optional expenses including but not limited to flights and accommodation.
Liability is Limited
108. We have no liability for any interruptions in the availability of the Site Landing Pages, Services or Programs or the availability of Programs, Packages and Services.
109. We have no liability for any loss, damage, costs (including legal costs), or expenses whatsoever, whether direct, indirect, consequential, or incidental including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on Your information systems or costs of replacement goods, or otherwise, suffered by You or claims made against You, arising out of or in connection with the Site, inability to access or use the Site, or any of our products or services or the Sale Terms, even if We were expressly advised of the likelihood of such loss or damage.
110. Our total liability arising out of, or in connection with, the Packages/Services in the Sale Terms, however arising (including under contract, negligence, in equity, under statute or otherwise), will not exceed the total price paid by You for the purchase of products under the Sale Terms. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
111. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, everheal™ Online Community or Our Content.
112. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, everheal™ Online Community or Our Content.
113. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
114. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
115. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
116. Accessing Sites or servers maintained by other organisations through links on our Site, everheal™ Online Community or products or services. Links are provided for convenience only. We do not endorse linked Sites nor their products and services and you access them at your own risk.
117. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
Indemnity
118. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, online training Portal, everheal™ Online Community or through use of any of our products or services.
119. You agree to indemnify Us (our families, affiliates, subsidiaries, contractors, experts and employees) from and against all claims, lawsuits, liabilities, demands, actions, costs and expenses (including legal costs/fees and expenses made by You or by any third party, on a full indemnity basis) resulting from the User’s breach or infringement of the Sale Terms, violation of this Agreement and/or use of intellectual property or any right of any person or entity.
Affiliate Disclosure
120. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from our Site, social media platforms, online Portal or via our everheal™ Online Community.
No Assignment
121. You cannot transfer or assign your everheal™ membership without our prior written consent.
122. We may assign or transfer our obligations under these Terms at any time, subject to giving you 30 days prior notice in writing.
Dispute Resolution
123. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
124. In the case of claims against us, all notices are to be provided to [email protected].
125. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
126. Once a mediator is appointed, the parties agree that:
a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
127. If the parties have not mediated a resolution of the dispute within 14 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
128. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
129. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
130. This clause survives termination of these Terms.
Applicable Law
131. These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria Australia to determine any matter or dispute which arises between us.
Your Feedback
132. Participants are encouraged to provide feedback at the closure of everheal™ services (including but not limited to Health Discovery Call Sessions and the everheal™ LIFE Formula Program).
133. We welcome enquiries or feedback on our Site, products or services at any stage. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
134. If you have questions or comments regarding our Site, Portal or any everheal™ products or services, please email us at [email protected]
Company Details
Trading Name: everheal™
ABN: 476 3429 1553
Country: Australia
Telephone Number: +61 3 5280 8068
Email: [email protected]
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such rights or provisions. The User acknowledges that by accepting this Agreement, they consent to the privacy practices described in Our Privacy Policy
Copyright © 2021 everheal™ pty ltd. All Rights Reserved
+61 3 52 80 80 68
PO Box 109
Lara, 3212
Victoria Australia
©2021 everheal
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