Terms of Service

YOUR ACCEPTANCE

The following terms of service relate to the provision of any services or sale of products (including downloadable material) from the The Bloom Lab Health website (https://bloomlab.health) (“Site”) (“Services”) (“Terms of Service”). These Terms of Service constitute an agreement between, Bloom Lab Health Ltd ABN 57 607 324 743 (“Bloom Lab” “us”, “we”, “our”), the owner and operator of the Site, and any Services and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).

By using our Site or any Services you agree to be bound by this Agreement, our General Terms and Conditions and our Privacy Policy. We may amend this Agreement, our General Terms and Conditions or our Privacy Policy and will notify you if we do so. If you do not agree to the Terms of Service contained in this Agreement, General Terms and Conditions or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

Users must be 18 years or older to purchase any of our Services.

NUTRITIONAL INFORMATION

Nutritional information provided on our Site as part of our Services is based on extensive research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

FITNESS LEVEL

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable for your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

TESTIMONIALS

Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

USER ACCOUNTS

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

PAYMENT

We use a secure online payment system.
In order to purchase any of our Services, you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third-party payment processors such as PayPal and Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be prepaid. Orders will only be available for download (for electronic products) after full payment of the total amount is cleared.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

The prices for Services provided under this Agreement will be as set out on our Site at the time you apply for the Services.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at [email protected].

All Services available from our Site are subject to consumer protections under the Australian Consumer Law.

REFUNDS AND CANCELLATIONS

Your rights to refund are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

Money-back guarantee:
In the event that you’re not satisfied with the Services that you have purchased on or through our Site, you can request a full refund of the Services. You must have followed the program as per the official guides and notify us within one (1) week after completing the program by emailing us at [email protected].

 

 

CONTACT INFORMATION

If you have any questions or concerns about your order or if you have any questions about our services do not hesitate to contact us. You may contact us by email at [email protected].

DISCLAIMERS

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, claims that are due to your use of our Service, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may resupply the service or pay for the service to be supplied again.

LIMITATION AND LIABILITY

Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

With the exception of Consumer Guarantees, we exclude:
1. any term, condition or warranty that may otherwise be implied by custom, law or statute;
2. any liability for loss caused by our negligence; and
3. any liability for Consequential Loss.

To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

In the event of any problem with the Services that you have purchased on or through this Site, you agree that your sole remedy is to seek a return and refund for such Services in accordance with the returns and refunds policies posted on our Site.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services within the last six months, whichever is greater.

INDEMNITY

You agree to defend, indemnify and hold harmless Bloom Lab Health its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to our Site and Service;
• your violation of any term or condition of this Agreement;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

JURISDICTION

This agreement and this website are subject to the laws of Queensland, Australia. If there is a dispute between you and bloomlab.health that results in litigation, then you must submit to the exclusive jurisdiction of the courts of Queensland.

FORUM OF DISPUTE

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Queensland, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.

ELECTRONIC COMMUNICATIONS

We use electronic means of communication, whether you visit the Site or Service or send us e-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

BETA TESTING

We use Beta-Testing to launch new products and services. As a Beta tester, you agree to be bound by the above terms in the same way as a regular user of our site and services. We ask that you provide feedback and a testimonial as part of the Beta. In return, you can purchase the Beta product or service at a discounted rate. We have the right to incorporate any feedback you provide into our products or services without compensation or acknowledgement to you.

GENERAL

This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.

If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.

The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

Last updated on 4/1/2021