Welcome to the Cabot Health website

Access to this Site is subject to all the Terms and Conditions of use in this agreement. By using this website, you agree to be legally bound and to abide by these Terms and Conditions, in the same way as if you had signed an agreement containing these Terms and Conditions. By using this Site for any purposes, including but not limiting the generality of the foregoing, for informational purposes, help and as well, fee-based products and shopping, you agree to comply with these Terms and Conditions. You also agree to indemnify Cabot Health against all claims by third parties arising from your contravention of these terms and conditions.

The use of this Website is subject to important limitations of liability, indemnities and disclaimers, including matters concerning your health, and which may affect your suitability to follow your chosen program, which you should read carefully before using this Website. Cabot Health makes no warranties in connection with its services and products and your rights with respect to any dissatisfaction are limited to those rights available to you under the Competition and Consumer Act 2010.

By using this Website, you agree to be legally bound and to abide by these Terms and Conditions, just as if you had signed an agreement containing these Terms and Conditions. If you do not abide by these Terms and Conditions, Cabot Health reserves the right to cancel your password, user account and access to this Website. If you do not agree to any or all of the conditions, please do not use this site.

Restrictions

You agree that only you may use your user account and password and that your membership is only valid for your personal use and may not be shared with third parties. You agree to be financially responsible for all usage or activity of your user account. You agree to indemnify us against any losses placed on us due to you selling or otherwise receiving any financial consideration for providing our products and/or services to any other persons.

Privacy and Security

We are committed to protecting your privacy and security. For in depth information, you need to read our Privacy Policy. By agreeing to these Terms and Conditions, you also agree to the collection and use of your personal data in accordance with our Privacy Policy. Please note that all credit card payments are transmitted using 128-bit Secure Socket Layer (SSL) encryption.

Becoming a Registered User

There are no charges to public users of this Website. You do not have to become a registered user to use this Website. But persons, who do not register, may be unable to use specific products, special features, or resources of this Website. You need to register in accordance with instructions that you will find on this Website to use Your Profile feature of this Website. If you decide to become a registered member/user of this Website you agree to provide us with true, accurate and complete information about yourself.

Contests and Surveys

This Website may from time to time offer invitations to participate in contests or surveys that request you to send in to us or post on this Website information about yourself. Each contest or survey may have different rules of engagement, and you must read and agree to all those rules before entering into any of our contests or before responding to any of our surveys.

Participation in these contests or surveys is voluntary; thus the user has a choice whether or not to disclose required information. There is no obligation to answer any questions in the contests or surveys. Required information may incorporate your contact information (such as name and shipping address) and demographic information (such as your post code, age and gender). These contact details will be needed to notify the winners and assign prizes. Survey information may be used to monitor and improve this Website.

Health Disclaimer

Cabot Health and its affiliated websites provide electronic newsletters, replies to your personal email inquiries and personalized weight loss membership. These are intended only to assist users in their weight loss and nutritional programs. Cabot Health is not a medical organisation and our staff cannot and do not give, or claim to give you a medical diagnosis or advice. Nothing contained in this Website should be construed as medical advice or medical diagnosis. The information and reports provided by Cabot Health or its staff should not be considered as a substitute for medical consultation or treatment by a medical practitioner. You are urged and advised to seek the advice of a medical practitioner before beginning any suggested program. Individuals who are pregnant or who have certain health conditions, including, without limitation, people suffering from cancer or organ failure may not be suitable candidates for undertaking any form of program and are warned to seek professional medical advice before using this Website.

Charges and Fees

By subscribing to a service or purchasing a Product, you agree to pay, using a valid credit card (or other form of payment which we may accept), for the fees set out on this Website (such as membership or Products), applicable taxes, and other charges, incurred in order to access or purchase our membership or Products.

For your ability to purchase of our Products, including identification and billing, you agree to provide us with true, accurate, up to date and complete information as required by our shopping cart order form for our Products or membership. We require and you agree to provide us with your legal name, address, telephone number, email address and pertinent billing information (e.g., credit card number and expiration date) as required.

You agree to allow us to provide your personal data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and update your data to keep it accurate at all times.

You are responsible for protecting the confidentiality of your password and user account information. You must notify us as soon as possible about any known or suspected unauthorised use of your user account or unauthorised disclosure of your password or credit card details.

You are entirely responsible for all purchases which occur under your user account, as well as for paying any amounts billed to your credit card by a third party which were not authorised by you.

Risk of loss or damage to our products shall pass to you on the date that we provide the products to a third party for delivery to you. Our estimates made in connection to any delivery date of products you have purchased from Cabot Health are estimates only, and we provide no warranty that such an estimate will be correct.

The final displayed price of our products will be inclusive of GST unless we have stated otherwise.

Definitions

Program – a recommended diet and lifestyle which may or may not incorporate recommendations for dietary supplements or bio identical hormones Email replies – may suggest a program which could incorporate a recommended diet, or dietary changes, exercise program or nutritional supplements or bio identical hormones or the referral to a specified naturopath or medical doctor or organisation.

Usage of website content

Copyright ©2017, Cabot Health Web site Australia. This Copyright notice applies to all text, quizzes, trademarks, product names, images, videos, photographs, and other material (“Content”) existing throughout the Site or other property of Cabot Health Web site. The Cabot Health trademark on this Site is owned by Health Direction Pty Ltd Australia.

If you download any Content of this Site to a personal computer, this does not give you any ownership in such Content. Alteration of the Content or use of the Content for any other purpose, including, but not limited to, publication on any other website or networked computers or servers, is forbidden unless authorized in writing by Cabot Health.

Website Content

Without notice, additions or deletions are made to the Content of the Site. Cabot Health disclaims all liability for any mistakes or omissions on the Site. The Site may from time to time contain links to other web sites. Cabot Health is not responsible for the text, correctness or opinions expressed in such websites, and such websites are not monitored or checked by Cabot Health for accuracy or content. The insertion of any linked websites on the Site does not imply approval or endorsement of the linked content by Cabot Health.

Cabot Health’s interactions with you

You agree that Cabot Health may send electronic mail to you for the purpose of our products or services, or for other purpose(s) as Cabot Health deems to be necessary. By divulging your contact details online to us, you agree to communications from Cabot Health for marketing purposes.

Submissions and feedback

If you offer or if we request, or by using our Site you divulge, or give information, which without limiting the generality of the forgoing, includes any text, photos, videos, graphics, comments, feedback, ideas, recipes, articles, case histories and other material (“submissions”) about yourself on this Site these submissions will remain property of Cabot Health. Such submissions shall constitute an assignment to Cabot Health of all worldwide rights in all copyrights and other intellectual property in the submission. Thus, Cabot Health will own all such rights and title, and shall not be limited in any way in its use, commercial or otherwise, of any submissions. Cabot Health is and shall not be under any obligation to maintain any submissions in confidence or to pay to user any compensation for any submissions.

You agree that Cabot Health may reveal information about your demographics and use of the Site in any manner provided that your personal identity is not revealed. By participating in Site competitions, contests and promotions, you agree that Cabot Health may use your information for marketing purposes, provided your personal identity is not revealed.

You guarantee that the materials you submit are true and correct, you own all of the rights to your submissions including without limitation, all the rights necessary for you to offer to us; any third party owner of any rights, has legally and irrevocably granted to you the right to disclose or submit any submissions. You guarantee that each person described in any form in your submission has consented to the use of such. You may not upload submissions or transmit any unsolicited or unauthorized promotional or advertising materials, “spam”, “chain letters”, “pyramid schemes”, “junk mail” or any other form of money-making promotion.

Site Disclaimer

Cabot Health Site is provided “as is” and we do not provide warranties of any kind. You agree by using this site, that you do so at your own risk. You assume full liability for all costs required for all servicing or maintenance of any equipment you use in relationship with your use of our site, and that Cabot Health shall not be liable for damages of any kind related to your use of our site.

Acceptable usage

You must use responsibility and sound judgment when you use our Site. You may only access the Site for legal, private and non-commercial use. You are not allowed to copy, republish, upload to a third party, post, or distribute the Site unless authorized in writing by Cabot Health. You may not use the Site to harm others.

You may not:

• Use the Site in violation of any law or regulation governing Cabot Health’s business or functions, including without limitation the laws and regulations governing spam, unfair competition, obscenity, misleading advertising, consumer protection, and privacy.

• Use the Site in a way that exposes a security risk or that may interfere with the function of the Site.

• Use the Site to engage in libel, harassment, defamation, fraud, or unlawful publication of private information.

• Transmit or post any unlawful, pornographic, intimidating, defamatory or obscene material, or any material that could represent a criminal offense, or otherwise break any law.

• Introduce damaging agents (such as viruses, Trojan horses, worms), or other computer programming steps that damage, interfere with, intercept, or expropriate any system, data, or personal information.

• Use the Site to gain unauthorized access to other computers or networks through hacking or other means.

General

Mention of, or references to, websites, products, drugs or books not owned by Cabot Health or its affiliates does not imply endorsement. Cabot Health makes no warranty of any kind with respect to such websites, products, drugs or books.

This Site is accessible on a global or worldwide basis and may contain references to products or services not available in all countries. We may change parts of the Cabot Health Website from time to time and without notice. Your use of the Site following any such changes constitutes your agreement to abide by the terms as changed.

Severability

If any term of this agreement shall be found to be illegal, void or unenforceable, then that term shall be judged severable from this agreement and shall not affect the validity and enforceability of any remaining terms.

Waiver

A failure by Cabot Health to enforce any part of this agreement shall not constitute a waiver of any of Cabot Health’s rights under this agreement, whether for present, past or future actions on the part of any person. Only a specific waiver in writing and signed by an authorised representative of Cabot Health shall have legal significance and effect.

Limitation of Liability

In no event shall Cabot Health or any of its affiliates, or the directors, employees, shareholders, or agents of each of them, be liable for damages of any kind, including without limitation any indirect or consequential damages, and on any concept of liability whatsoever, arising out of or in relation with the use or performance of this site.

Cabot Health Website was developed in Sydney, Australia and use of this site shall be governed by the laws of NSW, Australia. You agree that Cabot Health or any of its affiliated websites shall not be liable for any damages resulting from your use of this website. You acknowledge that, by undertaking any program, you are doing so voluntarily and you are aware that there may be risks in participating in a program such as personal injury, permanent disability or death and/or property loss and damage.

You are aware that these risks may be caused by your own acts or omissions, the acts or omissions of others participating in our program or other risks not known to you at the time of using this Website. You agree that this is a risk warning pursuant to relevant State legislation and the Competition and Consumer Act 2010 and you agree that you assume all risks in connection with your participation in a program. Cabot Health and its officers, employees and agents and its affiliates, are not liable for the breach of any express or implied warranty that any services provided by Cabot Health will meet all your expectations.

You agree to participate in any of our programs in a way that is not dangerous to yourself or other people.

You agree to release, discharge, waive and forever hold harmless Cabot Health and its affiliates and all of their officers, employees and agents against all and any claims, or cause of action however arising, for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in any of our programs, or any activity incidental to a program, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a program, newsletter or email reply. Where your loss is not or cannot be excluded by these Terms and Conditions then Cabot Health’s liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions is limited to, at Cabot Health’s discretion and choice:

The replacement of the products or the supply of equivalent products • The payment of the cost of replacing the products • The supplying of the services again If you are dissatisfied with any portion of this Website, or with any of these Terms and Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.

 

Indemnification

You agree to indemnify Cabot Health and its affiliates and their directors, officers and employees, against any claim, right or cause of action for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused, which you may suffer or sustain in the course of or consequent upon your participation in a program, or any activity incidental to a program, and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a program.

You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of Cabot Health and its affiliates and their directors, officers, employees, and representatives and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.

You understand and agree that these Terms and Conditions may be pleaded as a bar to any law suit or litigation taken by you against Cabot Health and its affiliates and their directors, officers, employees, arising out of or as a consequence of your participation in a program or in any behavior incidental to a program.

Acceptance

You agree, understand and accept that by using the Cabot Health Website or any of its affiliated Websites, you are subject to and bound by all the Terms and Conditions outlined above.

If you do not agree to the Terms and Conditions, YOU MAY NOT use the Cabot Health Website.