These Terms apply to all users of this Site and our Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You may use this Site to: (a) purchase and access TGWP’s online platform, online courses or individual online videos (collectively, the “Programs”); (b) purchase a monthly membership (“Membership”) and access a subscription to TGWP Online Platform(“Online Platform”); (c) purchase a variety of tools designed by TGWP or curated by TGWP (collectively, the “Products”); and (d) view articles written by TGWP (“Articles”). Each such use is described in greater depth below and may be collectively referred to as the “Services”.
BY ACCESSING, USING ANY PART OF THE SITE OR SERVICES AND/OR PURCHASING ANY TOOLS OR ACCESS TO ANY ONLINE PROGRAMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
Terms and Conditions of Use. Subject to your compliance with these Terms, TGWP grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access this Site and use the Services for your personal, non-commercial use. TGWP reserves the right to monitor the Services for the purpose of determining that your usage complies with these Terms.
These Terms are Legally Binding. The Terms have the same effect as an agreement in writing and govern your use of this Site. Each time you visit or log into this Site, you reaffirm your acceptance of these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO THIS SITE AND/OR ANY SERVICES. TGWP may modify these Terms at any time. These Terms were last revised on the date listed at the bottom of this page. You are responsible for regularly reviewing these Terms.
Services Offered Through the Site.
1. Programs. You may purchase and access the following Programs on this Site:
· TGWP’s The Body Nourishment Project here.
· TGWP’s Balance Challenge here.
· Individual programs by TGWP here.
· Full payment for your Program is due at the time of purchase. Upon purchase, you will be granted a license to access an online video of the course or workout for as long as it is available, and/or emails, and/or Facebook Live sessions, depending on your program.
· Your insurance provider may pay for out-of-network health and wellness services, depending on your plan. However, TGWP does not submit billing to insurance organizations and will not communicate with your insurance provider regarding reimbursement or payment for your Programs. It is your sole responsibility to communicate with and submit any information to your insurance provider for any reimbursements you seek.
· We are pleased to offer the TGWP 10 day money back guarantee across all videos and programs purchased from the site. If for whatever reason within 10 days of purchase you are unsatisfied simply request your refund by submitting a support ticket here. Please include your transaction ID with your request.
· Refunds generally take 2-5 days to show in your account depending on your bank.
2. Membership. You may purchase and access a subscription to the following:
· You may purchase and access a Membership to the TGWP Online Sanctuary here.
· Upon purchase you will be granted a license to access videos in the Online Sanctuary for as long as they are available and access to the private The Global Wellness Platform group for as long as it is available.
· Membership fees for the Online Platform are automatically deducted from your credit card on a monthly basis (if you signed up for the monthly subscription) or annual basis (if you signed up for an annual subscription) during the term of your Membership. TGWP will store your payment information to facilitate such processing. It is your responsibility to keep your payment information up to date and to notify TGWP of any changes to your payment information, including a new or replacement credit card, change in name or address.
· You may cancel your Membership anytime by submitting a support ticket here or email us at email@example.com and we will process your cancellation. You will still have access to the studio for the remainder of your billing cycle.
· You may cancel your annual membership up to 14 days after you have been billed for the next year and receive a full refund. After 14 days TGWP will refund you, less the cost of the monthly subscription fee, for the number of months your subscription has continued.
3. Products. You may purchase certain tools and products through this Site here.
· Certain Products may be available exclusively online through this Site.
· These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
· We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We do not warrant that the quality of any Products will meet your expectations, or that any errors in the Products will be corrected.
· Descriptions and pricing of our Products are subject to change at anytime without notice, at our sole discretion.
· We reserve the right to discontinue any product at any time.
4. Articles. The Articles contained herein are for educational and informational purposes only and may not be used as a substitute for professional advice and/or information, as the circumstances will vary from person to person. The Articles are not physical therapy or medical advice and are not intended to diagnose, treat, or cure any physical, physiological or other medical condition. The Articles may include information and instructions relating to health and wellness, and overall physical, emotional and mental well-being, diet and nutritional supplement suggestions, exercise and fitness, and some of the Services.
Disclaimer. This Site and the Services may provide information and/or instructions related to fitness, diet and nutrition and is intended for your personal use and informational purposes only. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this Site without first consulting a qualified professional. The materials on this Site are not intended to be nor do they constitute actionable professional advice. You should consult with a physician before beginning any exercise, fitness, diet or nutrition routine, especially if you are pregnant or have any pre-existing health conditions. Transmission of this information is not intended to create a professional-client relationship between TGWP and you.
The information on this Site is not intended to replace medical advice. TGWP are not a Medical Providers (Physician, Psychiatrist, Nurse Practitioner, etc.). You agree and acknowledge that we are not providing you with health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through this Site pertaining to health or wellness, exercise, or any other aspect of lifestyle is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that TGWP is not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions on this Site. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Site. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Site has not been evaluated by the Australian Therapeutic Goods Administration.
ADDITIONALLY, YOU ACKNOWLEDGE THAT THE EFFECT OF THE PROGRAMS, COURSES, OR ANY SERVICES OR ANY SPECIFIC EXERCISE VIDEO OR ANY OF THE PRODUCTS, OR ANY OF THE DIET OR NUTRITIONAL SUPPLEMENT SUGGESTIONS ON A MEDICAL CONDITION MAY VARY BY INDIVIDUAL. BY USING THE SERVICES, YOU FURTHER REPRESENT THAT YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT BY PARTICIPATING IN ANY PROGRAM AND/OR SERVICE FROM TO TGWP, YOU WILL NOT EXCEED YOUR LIMITS WHILE PERFORMING SUCH ACTION, AND YOU WILL SELECT THE APPROPRIATE LEVEL OF PROGRAM FOR YOUR INDIVIDUAL MENTAL AND PHYSICAL SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE. YOU UNDERSTAND THAT, IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY SUCH SUGGESTED ACTION, ADJUSTMENT OR EQUIPMENT IS APPROPRIATE FOR YOUR LEVEL OF ABILITY AND PHYSICAL AND MENTAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT WHEN PARTICIPATING IN ANY PHYSICAL WORKOUT OR EXERCISE PROGRAM, AND/OR WHEN USING ANY DIET OR FITNESS PRODUCTS OR SERVICES, THERE IS THE POSSIBILITY OF PHYSICAL INJURY AND/OR DEATH, AND YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ANY SUCH ACTIVITIES. THIS SITE, INCLUDING ALL CONTENT HEREIN, AND THE SERVICES ARE NOT MEANT TO BE SUBSTITUTES FOR MEDICAL ADVICE FROM YOUR REGULAR PHYSICIAN OR HEALTHCARE PROVIDER OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. YOU ARE ADVISED THAT HEALTH ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. TGWP IS COMMITTED TO SHARING WITH YOU THE MOST UP TO DATE INFORMATION, HOWEVER, TGWP MAKES NO GUARANTEE THAT THE INFORMATION HEREIN IS THE MOST RECENT ON ANY PARTICULAR SUBJECT.
Testimonials. Actual experiences, testimonials, and insights regarding experiences with the Services on this Site are for purposes of illustration only. This Site may contain testimonials or examples of actual clients and results they personally achieved, or comments from individuals who can speak to TGWP’s character and/or the quality of TGWP’s work. All testimonials or examples supplied by actual clients, partners or colleagues were unsolicited and given with their complete explicit permission. They are not intended to represent or guarantee that you will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
Account Registration & Use. If you create an account, you must provide TGWP with complete and accurate information. You must promptly update such information to keep it complete and accurate by submitting a support ticket here or emailing us at firstname.lastname@example.org.. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. Excessive viewings or logins by you may be construed by us as fraudulent use of the Services, which may result in the immediate cancellation of your access to the Services without refund. When purchasing access to a Service, you agree to take all actions possible to protect your username and password from fraudulent use.
You agree to notify TGWP immediately of any unauthorized use of your account or any other breach of security. TGWP will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by TGWP or a third party due to someone else using your account.
Right to Terminate Your Account. TGWP may Discontinue or Suspend this Site or terminate your use at any time. These Terms are effective unless and until terminated by you or us. TGWP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that TGWP shall not be liable to you or any third party for any such termination, modification, suspension or discontinuance of this Site. TGWP may deny your access to all or part of this Site at any time for any reason (including if you violate these Terms, as determined in TGWP’s sole and absolute discretion) or no reason at all. If TGWP terminates your right to access this Site, these Terms will terminate and all rights you have to access this Site will immediately terminate.
If you wish to terminate your account, you must contact TGWP by submitting a support ticket here or emailing us at email@example.com. You will remain liable under these Terms for any purchase made prior to termination.
Our Intellectual Property Policy
Our Content & Our Rights. Unless otherwise noted, this Site, and all the features and materials contained herein, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, "Our Content"), is owned, controlled and/or licensed by TGWP.
This Site and Our Content are intended solely for personal, non-commercial use. You may download or copy Our Content and other downloadable materials displayed on our Site for your personal use only. No right, title or interest in any of Our Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of Our Contents or this Site.
Your Rights - Notice & Procedure for Copyright Infringement Claims. TGWP respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. To report infringement to TGWP’s designated agent, please send an email to: firstname.lastname@example.org which must include all of the following information:
(i) A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name;
(ii) Identification in sufficient detail of the work allegedly infringed upon;
(iii) Identification of the allegedly infringing material on our Site including the specific URL location of the material so that we can find it;
(iv) The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address;
(v) A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law; and
(vi) A statement that the information provided in the notice is accurate, and, under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices or other misuses of our Intellectual Property Policy may result in account termination or other legal consequences.
You may not use this Site or the Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on this Site; (b) use the Services or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, the Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or the Site; (g) collect information about users of the Services or the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation; or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or the Site.
No Liabilities in Connection with Third-Party Content and Services
This Site may contain information and content provided by third parties. TGWP has no obligation to monitor, does not endorse, and is not liable for any third-party content. In addition, this Site may contain links to third-party websites. TGWP is not responsible for the content on any linked site or any link contained in a linked site. TGWP does not endorse or accept any responsibility for the content on any such third-party sites.
This Site is “As-Is”. THE SITE AND THE SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TGWP DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TGWP MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON THIS SITE OR THE ONLINE COURSES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT TGWP MAY NOT DISCLAIM UNDER APPLICABLE LAW.
Limitation of Liability. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL TGWP, ANY OF MEDEHA’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “TGWP AFFILIATES” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, OR SERVICES, EVEN IF TGWP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. TGWP WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
Indemnity. You agree to defend, indemnify and hold harmless TGWP, and TGWP’s affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to TGWP’s use of your User Content; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. TGWP may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without TGWP’s express written consent.
Not Intended for Minors Under Age 18.
Due to the nature of the Internet, TGWP cannot effectively prohibit minors from visiting the Site or the Services. The Site and Services are not directed toward minors under the age of 18 and TGWP does not knowingly collect information from minors under the age of 18 through the Site or the Services. If you believe that a minor has provided information to TGWP through the site or the Services, please contact TGWP by email at: email@example.com. TGWP will do its best efforts to remove all of the information provided by the minor from this system.
One Year Limitation on Actions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Site, your use of this Site, or your access to and use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You and TGWP agree that any claim or controversy that arises between you and TGWP relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Site or Service (each a "Covered Matter" and collectively, “Covered Matters”), will be resolved in accordance with the provisions set forth in this section.
First Step - Informal Resolution. If you have any dispute with TGWP, you and TGWP agree that before taking any formal action, you will contact TGWP at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow sixty (60) days to pass, during which time TGWP will attempt to reach an amicable resolution of any issue with you.
Applicable Law. You and TGWP agree that Australian federal law including the Commercial Arbitration Act, and (to the extent not inconsistent with or preempted by federal law), without regard to conflict of laws principles, will govern all Covered Matters. Such body of law will apply regardless of your residence or the location of where you use the access the Site or Services.
Agreement to Arbitration of Disputes.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by The Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Commercial Arbitration Act, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Please see the ACICA procedures for filing a claim specified here.
Exceptions To Mandatory Arbitration for IP Infringement. If either party reasonably believes that the other party has in any manner violated or infringed the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction in Australia.
Force Majeure. Under no circumstances shall TGWP be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of TGWP to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavour to give effect to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Notices & Electronic Communications. If you wish to transact or communicate with TGWP, you agree to do so by electronic means. You authorize TGWP to send you important notices about the Site or Services and any pending transactions to an email address you provide, if you have purchased access to Services or otherwise provided your email address, or, in the alternative, by submitting a notice through the Site and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails TGWP sends you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with TGWP, you may no longer use the Site. If you give notice to TGWP, it will be effective when received and you must use the following email address: email@example.com.
Miscellaneous. These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and TGWP and govern your use of the Site and Services provided by TGWP, and supersede any prior agreements between you and TGWP on the subject matter. You also may be subject to additional terms that may apply when you use certain TGWP services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by TGWP without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of TGWP. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services.
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