TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE JOINING THE PROGRAM

Who we are and how to contact us
1. www.themenopauseproject.com is a website and mobile application (‘Application’) operated by The Menopause Project ABN 33 135 341 723 (‘TMP, we, us and our’).
2. To contact us, please email support@themenopauseproject.com.
3. We offer various online nutrition, exercise, fitness, mind health programs such as the INFERNO program which is an online program focusing on nutrition, exercise, fitness, mind health and associated information and services via the Application from time to time (‘Program’). Reference to the Application, includes the Program.
4. Where we deliver the Program, in our sole discretion, through our Website, Facebook group, social media platforms or any other medium, such medium will also be referred to as the Application.
By using our Application you accept these Terms
1. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TMP in the user interface.
2. If you do not agree to these Terms, you must not use our Application. You agree you are at least 18 years old to make any purchases on our Application or participate in the Program.
3. We are the owner or the licensee of all intellectual property rights in our Program, Application, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
We may make changes to these Terms
1. We may amend these Terms from time to time. Every time you wish to use our Application, please check these Terms to ensure you understand the Terms that apply at that time.
2. These Terms were most recently updated on 20 January 2024.
We may make changes to our Application
1. We may update and change our Application from time to time to reflect changes to our Program, our users' needs, changes in law and our business priorities.
We may suspend or withdraw our Application
1. We do not guarantee that the Program, the materials, our Application, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Application or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. This Application is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Application or Program.
Registration
1. In order to access the Program, you must register for an account through either the website or the Application before you can access the Program ('Account').
2. As part of the registration process, or as part of your continued use of the Program, you may be required to provide personal information about yourself (such as identification or contact details), including, email address, preferred username, address, telephone number, and password. We may also collect information about your height, weight, activity level, injuries, illnesses, past pregnancy, etc.
3. You warrant that any information you give to TMP in the course of completing the registration process will always be accurate, correct and up to date.
4. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.
Program
1. We will provide you membership to the Programs through the Application, which includes:
  - The INFERNO program which is an 8 week nutrition and exercise program for women over 40, including 2 x 4 week training plans and nutrition advice;
  - access to our Members Only group;
  - Including any materials, documents, video content, education modules, etc that we may provide you as part of the Program (“Materials”)
2. We will provide the Program and prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.
3. Once you have paid the Program Fee in accordance with clause 9, you will be granted access to the Program. Access is for the life of the Program, accessible via the client log in details that will be provided to you. The Program is provided digitally, and will require use of an internet connection to receive, download and view the Materials.
4. The Program is designed to be delivered in Phases, and new Phases will be unlocked as you complete the previous Phase, providing you do not have any outstanding payments owing.
5. If applicable, we reserve the right to change the Program delivery date or method if we deem it necessary to do so for any reason. We will endeavour to provide you reasonable notice, however we will not be held responsible for any changes to the Service delivery date or method, provided the Program has still been delivered.
6. We reserve the right to postpone the delivery of any in-person element of the Program in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement.
7. Any meal or recipe contained within any Program is suggested only and no set meal plans will be given, unless you have specifically paid for this service and therefore new recipes will not be created upon request.
8. Our Program recommends and educates you to track and calculate your own unique macros and calories, to create a specific outcome, determined by you. We do not pre-determine nutritional values for you. This is your responsibility, unless you have expressly paid for this service.
9. If you have an allergy or intolerance, please make appropriate substitutions to your dietary intake. We may provide guidance on alternatives at your request and our discretion, however please note that you are responsible for all your own food and health choices pertaining to this.
10. You will be provided with set training plans in your Program. However you can modify exercise selection to accommodate injury or illness as you wish. You will receive details on exercise order, reps and sets. This also includes demonstration of correct lifting techniques through video links. Weights for resistance training will never be specified, as strength is individual to you. You are responsible for selecting your own weights and exercises, and you acknowledge that all training is voluntary and you can stop or substitute any exercise at any time.
11. We may refuse to sell a Program for medical reasons. To purchase any of our Programs, you warrant you are in good health and medically cleared to undertake the Program. We will not provide Programs if you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, or an eating disorder. Our Programs are not appropriate for pregnant women, children under 18 or adults over 65 who do not have specific medical clearance to undertake resistance training.
12. Our Program is primarily devised for women, however the training and nutrition advice will be equally effective for men. However, in the interests of creating a safe space for our female clients and retaining the core essence of TMP, we do not permit men in our Facebook Programs, forums or competitions.

8. Your obligations as a Member

1. As a Member, you agree to comply with the following:

you will use the Program only for purposes that are permitted by:

the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Program. You must immediately notify us of any breach of your details;

any information and content within the Application is confidential and proprietary in nature and, to this end, must not, under any circumstances, be copied or disclosed to any person without our prior written consent or required by law;
you will not use the Program or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of TMP;
you will not use the Program or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members data and sending unsolicited emails;
you acknowledge and agree that any automated use of the Application or its Program is prohibited.

9. Payment

You must pay the current fees for the Program prior to gaining access to the Program (“Program Fee”) by way of credit card payment.
You accept that you are required to pay the full amount of the Program Fees even if you do not complete the Program.
Payment for Program Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via PayPal or Stripe via our website.We will suspend your membership if the Program Fee is not paid in advance.
Where the Program Fees are paid on a periodic basis, such as monthly, you expressly authorise us to automatically charge your credit or debit card for each Program Fee, without further authorisation from you.
You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on that third party website.
You will be liable for any banking fees and charges and other fees including administration fees where there has been a refund or denial of the Program Fee by your banking or credit institution.
Should we consider it necessary to vary the Program Fee at any time, we will provide you with reasonable notice and you may elect to cancel before the changes take effect.

10. Refund policy

TMP will only provide you with a refund of the Program Fee in accordance with our obligations under the Australian Consumer Law, or in the event they are unable to continue to provide the Program or if TMP makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund may be given proportionally or in full.
- No refunds will be given for:
  - change of mind;
  - inability to access the Program on your phone or device due to no fault of TMP;
  - inability to complete the Program due to your own capabilities; or
  - advice from any third party not to complete the Program.
If we remove you from a Facebook group, forum, portal or other platform due to your breach of our Content Standards (see clause 14), you will not be entitled to a refund.

11. Copyright and intellectual property

The Application, the Program, the Materials and all of the related products of TMP are subject to copyright.
We own the intellectual property rights in the Application, Program and Materials, and you will have a non-exclusive, non-transferable licence to use the Application, Program and the Materials we provide to you for your own personal purposes.
You may not, without the prior written permission of TMP and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Program or for any purpose, unless otherwise provided by these Terms.
By uploading any photos or images to the Application, you hereby grant TMP a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, distribute, display, and modify the photos or images for the purposes of providing and promoting the Program. You represent and warrant that you have all necessary rights and permissions to grant this license and that the photos or images do not violate any third-party rights, including intellectual property rights or privacy rights.

12. Privacy

TMP takes your privacy seriously and any information provided through your use of the Application and/or Program are subject to TMP's Privacy Policy, which is available on the Application and at https://www.themenopauseproject.com/privacy-policy.

13. User content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (‘User Content’) on our Application or other social media platforms such as our Facebook Program. By making available any User Content on or through our Application or social media platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Application.
You agree that you are solely responsible for all User Content that you make available on or through our Application. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Application will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

14. Content standards

Our online ‘Communities’ in both our Facebook groups as well as TMP portal and forums are exclusively for women who want to learn more about any of our Programs and support each other. When posting or commenting in one of our Communities, you agree to comply with these Community Guidelines, in addition to Facebook’s Terms of Use (available at https://www.facebook.com/terms) and Community Standards (available at https://www.facebook.com/communitystandards/). We reserve the right to remove any User Content or members that breach these Terms.
Communities are for sharing and support, NOT for self promotion or lead generation. Please do not share external links or companies irrelevant to TMP. Posts will be removed and members may be removed for repeated breaches. In particular our Community guidelines are:
1. Respect first. We embrace differences of opinion, lifestyle and choices at TMP. Disrespect, shaming or bullying behaviour will not be tolerated and any members doing so will be removed.
2. Privacy matters. Please respect every member’s privacy by not sharing any details, posts, content or images outside the group.
3. No medical advice to be requested or given. TMP forums, groups and portals are no replacement for medical advice. Do not ask for medical advice and do not provide medical advice to any member (even if you are a medical professional). If you need medical guidance, consult your primary care team.
4. To protect our intellectual property, please do not post or share Program details, content, training plans or other resources provided to you as part of your purchase.
Further, you warrant that your User Content will not:
1. Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Be likely to deceive any person;
4. Promote any illegal activity, or advocate, promote or assist any unlawful act;
5. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
6. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
7. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
8. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Whenever you make use of a feature that allows you to upload User Content, or to make contact with other users of our Application, you must comply with the content standards in this clause.
10. You warrant that any such contribution complies with these standards, and you will be liable to us for any breach of that warranty. In the event of such a breach, your right to use our Application will cease immediately.

15. General disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to clause 15.1, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
You acknowledge and agree that any results or outcomes achieved through the use of our Program, Application, or any guidance provided by TMP are dependent upon your own efforts, dedication, and individual circumstances. TMP does not guarantee any specific results or outcomes from using our Program.
You understand that individual results may vary and are influenced by various factors, including but not limited to your level of commitment, adherence to our guidance, and your unique physical and mental abilities. Therefore, TMP cannot be held responsible or liable for any actual or perceived results or lack thereof.
It is important to note that the information provided in our Application and Program is for informational purposes only, not tailored to your specific circumstances and is not intended to substitute professional advice, medical advice, diagnosis, or treatment. We recommend consulting with a qualified healthcare provider or professional before starting any fitness, exercise, or wellness program, particularly if you have a medical condition. Any decisions or actions taken based on the information provided in our Application and Program are done so at your own risk.
By using our Program, you agree to release TMP from any liability or responsibility for any outcomes, results, or consequences that may arise from your use of our Program, Application, or any guidance provided.
TMP, its affiliates, employees, agents, contributors, third party content providers, and licensors do not provide medical advice or practice medicine. The Application and Program are not intended to create a doctor-patient relationship. The use of the Application and Program does not constitute the provision of medical services.
You acknowledge and agree that any actions, choices, or decisions you make based on the information provided in the Application and Program are done at your own risk. TMP, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be held liable for any direct or indirect consequences, including any loss or costs incurred, arising from your reliance on the information provided in the Application and Program.
If you have a medical emergency, call your doctor or emergency services immediately. Do not disregard professional medical advice or delay seeking medical treatment based on the information provided in the Application and Program.

16. Limitation of liability

TMP's total liability arising out of or in connection with the Program or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Program to you, or the 3 x Program Fees you have paid in the preceding 12 months.
You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
Nothing in the Agreement will limit a person’s liability for anything else that cannot be limited by law.

17. Competitors

If you are in the business of providing similar Programs for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of TMP. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, TMP will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

18. Termination of contract

The Terms will continue to apply until terminated by either you or by TMP as set out below.
If you want to cancel your membership to the Program, you may do so by:

providing us with 7 days' notice of your intention to terminate; and
closing your accounts for all of the services which you use, where we have made this option available to you.

Your notice should be sent, in writing, via email to support@themenopauseproject.com

3. You may terminate at any time, upon written notice, provided that:

we have breached a provision of these Terms, and
we have failed to rectify the breach after you have given us 21 days’ notice to remedy.

4. We may at any time, terminate the Terms and remove your access to the Program if:

you have breached any provision of the Terms or intend to breach any provision;
we are required to do so by law;
if your conduct impacts our name or reputation or violates the rights of those of another party;
the provision of the Program to you by us is, in our opinion, no longer commercially viable.

5. Termination will result in your access to the membership section of the Application being disabled and you being removed from the Facebook group. You will no longer have any right to use the Program or the Materials.  You agree that you do not have any rights in the Application or Program and that TMP has no liability to you if the Program is discontinued or your ability to access them is terminated.

19. Indemnity

You agree to indemnify and hold harmless us from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss, damage (including legal fees on a full indemnity basis), and any direct or indirect consequences incurred, suffered, or arising out of or in connection with your content, any misuse or breach of our Intellectual Property.

20. We are not responsible for viruses

We do not guarantee that our Application will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Application. You should use your own antivirus software.

21. We are not responsible for websites we link to

Where our Application contains links to other Applications (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those website.
You agree to read and be bound by the terms and conditions of the relevant App Store in which you downloaded this Application.

22. App Store terms

If you access or download our Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set out in the App Store Terms of Service.
Otherwise if you access or download our Application from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

23. Dispute resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.

24. Force majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement, if caused by any event beyond their control (a "Force Majeure Event"). Upon occurrence, the affected party shall promptly notify the other in writing and provide details. Performance shall be suspended and time for performance extended for the duration of the event. If event continues for 14 days, either party may terminate this Agreement. Neither party shall be liable except for payment obligations accrued prior to termination. The affected party must use reasonable efforts to mitigate effects and resume performance as soon as possible. Payment obligations already accrued or unaffected by the event remain in effect.

25. Governing law and jurisdiction

The Program offered by TMP is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Application or Program, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

CONTACT US

We welcome any queries or comments you may have about these terms. Please contact The Menopause Project at support@themenopauseproject.com

Last updated 20 January 2024