Terms and Conditions

(GoDaddy- Terms of Service)

Unleash Website Terms of Use 

By accessing the Unleash Service (“Unleash” , “Unleash Clean Eating Fit Living” or “We/we” or “Our/our” or “Us/us”) through our (“Website”) or any other interface that we may provide in the future such as mobile phone applications, immediately and from your very first access of the Unleash Services, you unconditionally and irrevocably agree to be bound by the Website Terms of Use (“Terms”) for the Unleash Service (“Service”), all applicable laws and/or regulations and you agree that you are responsible for this compliance. 

We may, from time to time, also have other terms that will be presented to you when you are using the Unleash Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.

Definitions

Throughout this document, the following terms have the following meaning:

1. “Content” means the content you publish on our Website for other Users to view and use. 
2. “Fees” means the cost to use our “Unleash Service.”
3. “Our Websites” means the website www.unleashfitliving.com.
4. “Unleash” means Unleash Clean Eating Fit Living, and the terms ‘our’, ‘we’ and ‘us’ used throughout this document refers to Unleash and the ‘Unleash Service’ it provides.
5. The “Unleash Service” refers to the service being provided by Unleash through various methods which include our Websites, our Unleash Opt-ins, our mobile applications and any other lawful and unlawful access of the Unleash Services through any interface we may develop. These include, but are not limited to:
   1. Unleash Opt-ins.
6. “User” refers to any person who has access to the Unleash Service either as a guest or through a registered account and login and the terms ‘you’, ‘your’ are used throughout this document to refer to the User.

User Personal Data

To customize and optimize your experience on Unleash, we collect and store the personal data you give to Unleash. Please read our Privacy Policy for an explanation of how we may use your information and your rights in this regard.

This information may be collected throughout the registration and login processes. 

The personal data we collect include, but not limited to: 

1. Full Name;
2. Email address; 
3. Home or Business Post Code; 
4. Gender;
5. Mobile phone;
6. Date of Birth; and
7. Current Location (Country and State/Region). 

In connection with your use of the Unleash Services, we may, from time to time, send you service announcements, administrative messages and other information. You may opt out of some of those communications by emailing alisha@unleashfitliving.com.  

Except for your first name, last name and geographical location, Unleash statistics and the contact you create, share and/or post, Unleash will keep the rest of your personal data private and will use reasonable endeavours to not share it with anyone; unless you decide to make your sensitive data (such as, but not limited to, private details and personal references) public.

Our Content and Intellectual Property

All content on the Unleash Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by Unleash and its affiliate businesses and/or companies. This content includes, but is not limited to, our text, information, graphics and videos. 

An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes.

Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the Unleash Service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of Unleash. To obtain such permission please contact alisha@unleashfitliving.com. Nothing that you do on the Unleash Service will transfer or assign to you any of the copyright in our content on the Unleash Service.

Any Branding, trademarks, service marks and/or logos used on the Unleash Service unless expressly stated otherwise, are owned by Unleash and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).

User breach of the Terms

If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Unleash Services in all or part of Unleash to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.

Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.

Third Party rights, information and content

This Website may contain links to sites operated by parties other than Unleash. Such links are provided for your reference only and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Unleash of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. 

Unleash has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:

1. using content on the Unleash Service that belongs to another party unless you obtain permission from its owner or are otherwise permitted by law. 

The Unleash Service may display content that it does not own, and where this is the case this content is the sole responsibility of the entity that makes it available.

Third Party Commissions and Full Disclosure 

This Website may contain links to sites operated by parties other than Unleash. Such links and activities may lead to third party commissions being paid to Unleash. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of products offered or made available to you via the Website, or that are otherwise offered or made available to you by or on behalf of us. Unleash believe in transparency and full disclosure. If you believe you need further information please contact alisha@unleashfitliving.com.

No Warranty, Limitation of Liability

Use of the Website is at the User’s own risk. To the extent permissible by law, Unleash does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Unleash Service or any information and/or content available on or from the Website.

To the extent permitted by law, the total liability of Unleash and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Unleash Service.

To the extent permitted by law, Unleash and its employees, agents and consultants exclude all liability for any loss or damage (including but not limited to indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Unleash Service, whether or not caused by any negligent act and/or omission. If any law prohibits the exclusion of such liability, Unleash limits its liability to the extent permitted by law, to the resupply of the Information.

Limitation of Liability

To the maximum extent permitted by law, you agree to indemnify us and protect us from any loss or damage suffered by you from any use by you of the Unleash Service, to include loss or corruption of personal information or data. 

We are not in any way responsible to you or any person for any loss suffered in connection with the use of the Unleash Service or any of the content of Unleash Service for personal, business or other use. Unleash shall not be liable for any damages including but not limited to incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:

1. the User’s access to or use of or inability to access or use the Unleash Service;
2. any conduct or content of any third party linked to the Unleash Service including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or 
3. unauthorized access, use or alteration of your transmissions or content.

Should any liability arise, in no event shall Unleash aggregate liability for all claims relating to use of the Unleash Service exceed ten Australian Dollars (AUD $10.00).

If any guarantee is implied by statute and cannot be excluded, and Unleash is able to limit your remedy for a breach of such a guarantee, then, to the extent permissible by law, the liability of Unleash for breach of the condition or warranty is limited to one or more of the following at the Unleash’ option:

1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again;

subject of course to the Unleash obligations under the implied guarantees referred to in the paragraph above subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.

Applicable Law /Jurisdiction

The Unleash Service (excluding any linked third party sites or services) is owned and controlled by Unleash Clean Eating Fit Living from its offices in New South Wales, Australia. The Unleash Service and its Website is hosted on a servers in Australia and is governed by the laws in the State of New South Wales, Australia. By accessing the Unleash Service, you accept that any disputes about the Unleash Service or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). The Unleash Service may be accessed throughout Australia and overseas. Unleash makes no representation that the Unleash Service complies with laws (including intellectual property laws) of any country outside Australia. If you are accessing the Unleash Service outside of Australia, you do so accepting that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Unleash Service.

You accept that this agreement for the Unleash Services is personal to you and you agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can transfer this agreement for the Unleash Services to another company or entity provided this does not adversely affect your rights under the agreement.

After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our Website.

No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

Updating the Unleash Service

Users acknowledge that Unleash may, in their absolute discretion and without penalty or notice:

1. vary the Website or any part of the Website; 
2. vary, update, amend, add and/or delete any content regarding our Terms; and/or
3. modify and/or discontinue this Website, any part of the Website and the services available on it.

Unleash reserves the right to update, amend, add and/or delete any content regarding any terms and conditions on the Unleash Service at any time. We may make any changes to take into account changes in the Unleash Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our Terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Unleash Service or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavors to provide you with reasonable notice.

Users are deemed to have accepted all such revisions by accessing any part of the Website or continuing to access it after that revision is posted on the Website. Any changes to our Terms are deemed to be effective immediately after posting.

If you do not agree to any changes, you should discontinue your use of the Unleash Services. 

Intellectual property of third parties

Branding, trademarks, service marks and logos used in the Unleash Services may belong to third parties. These Terms do not grant you the right to use them. Using the Unleash Services does not give you ownership of any intellectual property rights in the Unleash Services or the content that you access that belongs to third parties.

If you think that a user on Unleash is violating your copyright and want to notify us, please send an email to us at www.unleashfitliving.com.

Our rights when we provide the Unleash Service

We are constantly changing and improving the Unleash Services. We may add and/or remove functionalities and/or features and we may suspend and/or stop a Service altogether.

We reserve the right to:

1. interrupt and/or suspend the Unleash Service when we deem necessary. Where this occurs we will use our best endeavours to restore the Unleash Service as soon as reasonably practical; and/or
2. make changes to certain technical specifications and/or product features at our discretion.

Our Disclaimers

Access to the Unleash Service

Unleash makes no warranty or guarantee in respect of the Unleash Service, including that it will be virus free or that access to the Unleash Service will be uninterrupted.

Material generated by Unleash

The Unleash Service may contain information, data, documents, pages and images (“the material”) prepared by Unleash or generated by Users. Unleash has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on the Unleash Service, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, Unleash makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on the Unleash Service that it has prepared. 

Unleash does not warrant or express that it shares any of the views, opinions, thoughts, beliefs or otherwise which have been posted by its users. Unleash expressly disclaims that none of the content on the Unleash Service, under any circumstances, is intended to be, and does not, in any way constitute any form of professional, career or other advice. The material and/or wording on the Unleash Service must not, in any way, be relied on as professional, career or other advice. 

The Unleash Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Unleash. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our website, you do so at your own risk and you agree that Unleash will have no liability arising from your use of or access to any third-party website, service, or content.

Feedback

If you have a problem or complaint about Unleash or its users, you may contact us by emailing alisha@unleashfitliving.com.

When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any content on the Unleash Service is incorrect they can be directed privately to the administrator at alisha@unleashfitliving.com.